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HomeMy WebLinkAbout9/19/2006Tuesday, September 19, 2006 5:00 p.m. — Closed Session CC -8 5:30 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Council Member Jack Tanaka Council Member Steve Tye City Manager 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 requiirements 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. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA September 19, 2006 Next Resolution No. 2006-70 Next Ordinance No. 07(2006) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(a) — Pending Litigation - 1 Case - People of the State of Calif. V. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 No. Government Code Section 54956.8 — Conference with Real Property Negotiators Property Negotiations: City of Industry Identified as: STUDY SESSION: APN 8269008270 APN 8269050026 APN 8269053024 APN 8762002023 APN 8762002007 APN 8762002006 5:30 p.m., Room CC -8 ► Development Services Automation Project — Presentation by IS Department Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Jim Price, Senior Pastor, Diamond Canyon Christian Church Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera Mayor September 19, 2006 PAGE 2 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation by Los Angeles County Sheriff's Department to the City for their continued support of the "Star" Program. 1.2 Presentation of Certificate of Recognition to Dominique Arnold for his record breaking achievement in the 110 -meter hurdles. 1.3 Proclaim September 2006 as "National Emergency Preparedness Month". BUSINESS OF THE MONTH - NONE NEW BUSINESS RECOGNITION - NONE 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: ► Update on Traffic Improvement Projects • Brea Canyon Road Grade Separation • Grand Avenue Street Improvements Phase II • Caltrans Freeway Project • Neighborhood Traffic Improvement Project (NTMP) ► Presentation of Diamond Bar Fingerprint program 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 Citv Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Citv Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Community Meeting — September 20, 2006 — 7:00 p.m., - JCC Project — Proposed 99 home development at Larkstone Drive Room CC -6, AQMD/Government Center, 21865 Copley Dr. 5.2 Planning Commission Meeting — September 26, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. September 19, 2006 PAGE 3 5.3 Parks and Recreation Commission Meeting — September 28, 2006 — 7:00 p.m., Board Hearing Room, AQMD/Government Center, 21865 Copley Dr. 5.4 City Council Meeting — October 3, 2006 — 6:30 p.m., Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of August 15, 2006 - Approve as submitted. 6.1.2 Regular Meeting of August 15, 2006 — Approve as submitted. 6.2 Planning Commission Minutes: 6.2.1 Regular Meeting of June 27, 2006 — Receive and File. 6.2.2 Regular Meeting of July 11, 2006 — Receive and File. 6.2.3 Regular Meeting of August 8, 2006 — Receive and File. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of July 27, 2006 — Receive and File. 6.4 Ratification of Warrant Register - Approve Warrant Register dated in the amount of $3,090,792,12. Requested by: Finance Division 6.5 Treasurer's Statement - month of July, 2006 - Review and approve. Requested by: Finance Division 6.6 Reject Claim for Damages - Filed by Susan Proznick on July 5, 2006. Recommended Action: Reject Claim Requested by: City Clerk 6.7 Award of Contract to Zusser Company, Inc. for Construction of Slope Repairs at the Diamond Bar Center in the Amount of $267,010, Plus a Contingency of $26,700 (10%) for a Total Authorization of $293,710 and Appropriation of $305,00 From General Fund Reserves to Fully Fund the Project. Recommended Action: Award. Requested by: Community Services Department September 19, 2006 PAGE 4 6.8 Adopt Resolution No. 2006 -XX: Approving the Application for Grant Funds from the California River Parkways Grant Program, Prop. 50 State Grant Funds for the Sycamore Canyon Park Phase III Trails Project. Recommended Action: Adopt. Requested by: Community Services Department 6.9 Adopt Resolution No. 2006 -XX: Approving the Application for Grant Funds from the Recreational Trails Program Under the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" for the Sycamore Canyon Park Trails Phase IV Project. Recommended Action: Adopt. Requested by: Community Services Department 6.10 Approve Contract Amendment in the Amount of $40,000 with Norris- Repke for Engineering Support Services. Recommended Action: Requested by: Public Works Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2006 -XX: Finding the City's Congestion Management Program (CMP) — in conformance with the State Congestion Management Program and Adopt the CMP Local Development Report, in accordance with California Government Code, Section 65089. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: Community Development Department 7.2 Approval of Amendment No. 2 to the Development Agreement 2004- 01 Between the City and Lewis -Diamond Bar, LLC for the Diamond Bar Village Specific Plan, a 71 -Acre Development Consisting of 180 - Multi -Family Residential Units and up to 270,000 sq. ft. of Commercial, Retail and Institutional Uses. The Proposed Amendment is to Consider Proposed Changes to the Financial Terms of the Contract and the Minor Changes to the Schedule of Performance. September 19, 2006 PAGE 5 Recommended Action: Approve. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 Acceptance of Letter of Resignation by William Herrick as a member of WCCA Advisory Committee and announcing the vacancy. Recommended Action: Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda #6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION AUGUST 15, 2006 STUDY SESSION: Mayor Herrera called the Study Session to order at 6:15 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: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director; Ryan McLean, Senior Management Analyst, and Rick Yee, Senior Engineer. ► Library Follow -Up Items 1) Education Campaign - The City Council reviewed and approved the library fact sheet prepared by staff and directed that it be available at City Hall, on the City's website, and on DBTV In addition, the Council directed staff to include an article in an upcoming City newsletter. It was decided that the City would not conduct a town hall meeting and DBTV would not be available for political advertising either in favor or against the library measure. Council also agreed that staff should be available to answer any questions about the measure from members of the public. 2) Rebate Program — There was not enough time for discussion of this item and it was continued to a future meeting. Public Comments: Clyde Hennessey, Diamond Bar resident spoke about the continued taxation at all levels of government, supported the library but was against having to pay additional taxes. Jerry Hamilton, Diamond Bar resident encouraged the Council to get the information out to everyone in the community especially the seniors. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:30 p.m. TOMMYE CRIBBINS, City Clerk AUGUST 15, 2006 PAGE 2 CC STUDY SESSION The foregoing minutes are hereby approved this day of 2006. CAROL HERRERA, Mayor Agenda f6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 15, 2006 CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda: ► Government Code Section 54956.9(a) — Pending Litigation — Five cases 1) Rodriguez v. City of Diamond Bar, et al - Case No. 06CCO2992 2) Lopez v. City of Diamond Bar, et al; Case No. BC347013 Finkbeiner v. City of Diamond Bar, et al; Case No. BC347015 Ayad v. City of Diamond Bar, et al, Case No. BC347015 Saglime v. City of Diamond Bar, et al, Case No. BC347016 Murray v. City of Diamond Bar, et al, Case No. BC347122 3) Lucerno v. City of Diamond Bar, et al — Case No. KC048532 4) Diamond Bar v. Southern California Edison LACSCC No. BC351266 5) People of the State: of California v. Ratan Hospitality, LLS (Scribbles) — Case No. BC351925 STUDY SESSION: 5:37 P.M. — Room CC -8 ► DFC (Library Ballot Measure) Discussion Public Comments on Study Session Items M/Herrera adjourned the Study Session at 6:30 p.m. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera reported that Council began the evening with a Closed Session followed by a Study Session to discuss the Library tax initiative that will be on the November 7 ballot and the educational campaign flyer that the City will prepare. Council also discussed a potential rebate program. PLEDGE OF ALLEGIANCE: INVOCATION: Invocation. ROLL CALL: Zirbes and Mayor Herrera. M/Herrera led the Pledge of Allegiance. Dr. Ahmad H. Sakr, Islamic Education Center gave the Council Members Chang, Tanaka, Tye, Mayor Pro Tem AUGUST 15, 2006 PAGE 2 CITY COUNCIL Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Rick Yee, Senior Engineer; and Ryan McLean, Senior Management Analyst. APPROVAL OF AGENDA: CM/DeStefano requested that Council add Item 1.3, Presentation by Michelle Demott regarding the D.B. Day at the Fair on September 14, 2006 to Agenda Item 2. Special Presentations, Certificates, Proclamations. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Herrera presented a City Tile to Kim Crews, Human Resources Manager, upon the occasion of her leaving the City. 1.2 Mary Yogi, Reference & Young Adult Librarian, with the Diamond Bar Library made a Power Point Presentation summarizing and highlighting the Teen Summer Reading Program at the Diamond Bar Library. 1.3 Michelle Demott with the LA County Fair spoke regarding the Diamond Bar Day at the Fair, September 14, 2006 at the Los Angeles County Fair. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Jerry Hamilton requested information regarding the refurbishment of areas adjacent to the Diamond Bar Center. Beverly Pollard, 1006 Longview Dr., said she supported a new and improved Library at Summitridge Park. Fifteen years ago she and her husband chose to move to D.B. because of the excellent schools, youth activities and community resources such as the Diamond Bar Library. Both of her sons are grown and have graduated from college and she is concerned that young families will look elsewhere because the City has outgrown the aging facility. She recently visited the modern showplace library in the City of Cerritos and felt it spoke volumes about how much Cerritos cared about and promoted the future of its young people. She felt that D.B. should do no less. Allen Wilson, a ten-year resident welcomed CM/DeStefano. He said he wanted a new Library and felt that everyone should read the language of the proposed Community Facilities District for the combined construction and ongoing maintenance costs and particularly the phrase "in perpetuity." He said the proposal was for D.B. to pay for a County Library that would be run by County bureaucrats. There is no money on the table from the County, the Friends of the Library or from any other group. He felt voters would have the last say and should make an AUGUST 15, 2006 PAGE 3 CITY COUNCIL q nv.myci n UOUIZOiul I U1 Ll 115 issue. Clyde Hennessey said that other showplace libraries people referred to were built with public funds and riot by taxing individuals and, those cities and not the individual taxpayers would bear the costs "in perpetuity." The City should be responsible for a new library, not the individual taxpayer. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to Mr. Hamilton that the slope mitigation issue is out to bid. CSV/Rose stated that three areas are scheduled for mitigation. The bid opening is on September 12 and staff expects to bring the matter to the City Council on September 19 for award of contract. This is a FEMA approved project that would primarily be funded by the State Office of Emergency Operations. Repair work should begin mid to late October and conclude by mid to late November. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — August 22, 2006 — 7:00 p.m., Auditorium, AMID/Government Center, 21865 Copley Dr. 5.2 Parks and Recreation Commission Meeting — August 24, 2006 — 7:00 p.m., Hearing Board Room, AMID/Government Center, 21865 Copley Dr. 5.3 Labor Day Holiday — September 4, 2006 — City Offices will be closed in observance of Holliday. City offices will re -open Tuesday, September 5, 2006. 5.4 City Council Meeting — September 5, 2006 — Due to anticipated lack of quorum, the City Council Meeting will be adjourned to Tuesday, Sept. 19, 2006. 6. CONSENT CALENDAR: C/Tye moved, C/Chang seconded to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of August 1, 2006 —as submitted. 6.1.2 Regular Meeting of August 1, 2006 — as submitted. 6.2 RECEIVED AND F=ILED PARKS AND RECREATION COMMISSION AUGUST 15, 2006 PAGE 4 CITY COUNCIL "1111yu I CJ — meguiar meeting of June 22, 2006. 6.3 RATIFIED CHECK REGISTERS CONTAINING CHECKS DATED July 28, 2006 through AUGUST 9, 2006 totaling $593,638.76. 6.4 REJECTED CLAIMS FOR DAMAGES — Filed by Firman and Carmen Lopez on June 21, 2006. 6.5 APPROVED FOR SECOND READING AND ADOPTED ORDINANCE NO. 06(2006): AMENDING SECTION 18,108.050 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2006-60F: APPROVING SIX CHANGES TO THE FACILITY USE POLICY FOR THE DIAMOND BAR CENTER: 1) REVISE CANDLE PERMIT PROCESS; 2) REVISE DEPOSIT VERBIAGE FOR SYCAMORE, OAK, WILLOW, PINE AND MAPLE ROOMS USE; 4) REVISE WHERE ANIMALS ARE PERMITTED AT THE DIAMOND BAR CENTER AND SUMMITRIDGE PARK; 5) CLARIFY, CLEANUP RESPONSIBILITIES; 6) REVISE REFUND POLICYTO REDUCEAMOUNT OF NOTICE REQUIRED FOR SYCAMORE, OAK, WILLOW, PINE AND MAPLE ROOMS; AND 7) AUTHORIZE DISCRETION FOR THE CITY MANAGER TO MAKE OPERATIONAL CHANGES TO THE FACILITY USE POLICY. CSD/Rose presented staff's report, explaining the proposed changes and recommended City Council approval. M/Herrera asked staff to comment on allowing elephants at the Center when previous discussions revealed there was concern that the weight of the animal might break; or damage the concrete. And, if the elephants are allowed on the colored portion does it create a hazard to the center? CSD/Rose said staff was concerned about the animals creating a mess that would be difficult to adequately clean up from the colored concrete but has since found that with the cleaning materials and equipment available it is no longer a problem. Staff is no longer concerned about cracking and breaking of the concrete because it was determined that it would withstand vehicle and elephant travel. There was no one present who wished to speak on this item. C/Chang felt the amendments created a more friendly, reasonable and efficient policy for users, residents and staff. AUGUST 15, 2006 PAGE 5 CITY COUNCIL C/Chang moved, (MPT/Zirbes seconded to Adopt Resolution No. 2003-60F: Approving six changes to the Facility Use Policy for the Diamond Bar Center: 1) Revise candle permit process; 2) Revise deposit verbiage for Sycamore, Oak, Willow, Pine and Maple Rooms use; 4) Revise where animals are permitted at the (Diamond Bar Center and Summitridge Park; 5) Clarify cleanup responsibilities; 6) Revise refund policy to reduce amount of notice required for Sycamore, Oak, Willow, Pine and Maple Rooms; and 7) Authorize discretion for the City Manager to make operational changes to the Facility Use Policy. 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 COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang spoke about the Neighborhood Improvement Committee meeting. He encouraged residents to attend the D.B. Day at the Fair. The young people will be given a free bus ride and admission to the Fair on that day. Anyone who would like to drive a car in the parade should call for a pass. He asked Staff to use the City's Website for individuals to apply for building permits, provide information on the process and the length of time for moving through the process, and allow individuals to check the website for progress on their applications. He felt it would allow for fewer calls to Staff. When he was discussing Concerts in the Park with a resident he asked if the series could be extended to include a movie night. C/Chang asked staff to study the possibility of including three movie nights a year. C/Tanaka said he enjoyed the Concerts in the Park series along with the other Council Members as well as interacting with the residents. Everyone enjoyed all of the musical programs and was sure his colleagues also enjoyed the hats provided each week by the Recreation Staff. On August 3 he attended the Los Angeles County Division League of Cities installation and regular meeting in Huntington Park; August 10 he attended the combined Chamber of Commerce Mixer hosted by the LA County Fair and the Fairplex. On Monday August 14 he and C/Chang hosted a Chinese Delegation from a city in China that included the Mayor and Vice Mayor of that City. On Tuesday, August 15 he, C/Chang and Staff attended the D.B. Day at the Fair Committee meeting. He reminded residents that the American Cancer Society would host the first 24-hour "Relay for Life" at Lorbeer Middle School track from 9:00 a.m. on Saturday August 19 to 9:00 a.m. on Sunday, August 20. C/Tye thanked CDD/Fong and her Staff for staying on top of the Jubilee Ln. issue. He spoke with Mr. and Mrs. Deerfield last night and was impressed with how quickly the matter was resolved. He commended CSD/Rose and his staff on another terrific Concerts in the Park series. He asked interested residents to contact the AUGUST 15, 2006 PAGE 6 CITY COUNCIL ,u, IV �luNOI Ll I1C1 n 1U1 an appncation it they were interested in serving on the Planning Commission. Fie wished everyone a very wonderful and safe Labor Day. MPT/Zirbes thanked CSD/Rose and his Staff for this summer's Concerts in the Park series. Each year is better than the year before and it appeared that everyone had a great time. He spoke about cases before the Neighborhood Improvement subcommittee. The Committee's goals and objectives are to make certain that property values are maintained and that the integrity of each and every neighborhood is maintained in order to keep D.B. the safest, cleanest and best City possible. After the Neighborhood Improvement Committee meeting they adjourned to an Economic Development Subcommittee Meeting during which many items were discussed. After the meeting the Subcommittee toured the new Brookfield condominiums and single-family homes development being built above Target. He said he felt the community would be very proud of the development. He was also impressed that Brookfield let out 25 homes and sold 24 homes in four hours. The Subcommittee also visited Target and viewed a nearly completed building. Target hopes to begin stocking shelves by the end of the month and start training associates for a soft opening on October 8 and grand opening the following Sunday. Target is ahead of schedule and the project manger indicated that there are 56 Targets opening the same day across the country. Starbucks and Pizza Hut will be located inside the store. It is a big store that offers lots of shopping opportunities in time for the holiday season and the store will definitely have a positive impact on the local economy. A couple of months ago Council approved the division of the Target lot into three lots and recently heard that a major restaurant is interested in locating on the corner lot. He wished everyone a safe Labor Day. He reminded residents that Council Members are available to their constituents on a 24/7 basis. M/Herrera reminded residents that school will be starting soon and to please drive carefully. She hoped that everyone would have a happy and safe Labor Day. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the regular City Council meeting at 7:40 P.M. to September 19, 2006. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of .2006. CAROL HERRERA, MAYOR Agenda # 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 27, 2006 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Tony Torng and Vice -Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner;; David Alvarez, Planning Intern; David Meyer, Planning Consultant, Gregg Kovacevich, Assistant City Attorney, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. 5. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 13, 2006. C/Torng moved, C/Lee seconded to approve the minutes of June13, 2006, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Torng, Lee, Everett, VC/Nelson None None 5.1 Notice of Availability— Mitigated Negative Declaration No. 2006-02—City acquisition of .93 acres of undeveloped property. PROPERTY LOCATION: Southeast Corner of Diamond Bar Boulevard and Brea Canyon Road. JUNE 27, 2006 PAGE 2 PLANNING COMMISSION APPLICANT: City of Diamond Bar CDD/Fong presented staffs report and recommended Planning Commission adoption of Draft Resolution No. 2006-22 approving the Mitigated Negative Declaration and Mitigation Monitoring Program. C/Everett moved, C/Torng seconded to adopt Draft Resolution No. 2006-22 approving the Mitigated Negative Declaration and Mitigation Monitoring Program. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Everett, Lee, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No 2006-06 and Development Review No. 2006-10 - In accordance with Chapters 22.42 and 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a roof mountain screened wireless communications facility on the existing self -storage building. The site is fully developed with a self - storage facility. The subject property contains 2.4 acres of land area. PROJECT ADDRESS: 275 S. Prospectors Road Diamond Bar, CA 91765 PROPERTY OWNER: 6745 Engle Road, Suite 300 Cleveland, OH 44130 APPLICANT: Ms. Maree Hoeger Core Communications Group 1028 Saga Street Glendora, CA 91741 PC/Meyer presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-06 and Development Review JUNE 27, 2006 PAGE 3 PLANNING COMMISSION No. 2006-10, Findings of Fact, and conditions of approval as listed within the resolution. Maree Hoeger, Core Communications Group, said she and the applicant read staff's report and concur with the conditions. VC/Nelson opened the public hearing. With no one present who wished to speak on this item, VC/Nelson closed the public hearing. C/Lee moved, C/Everett seconded to approve Conditional Use Permit No. 2006-06 and Development Review No. 2006-10, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lee, Everett, Torng, VC/Nelson None None 7.2 Development Review No. 2006-09 — In accordance with Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct an addition of 1,143 square feet to an existing single-family dwelling unit. The second story addition will contain 1,111.5 square feet. The site is fully developed with a 1,350 square foot single -story dwelling unit. The subject property contains 10,356 square feet of land area. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 441 Wayside Lane Diamond Bar, CA 91765 Mr. and Mrs. Romeo Barbero 441 Wayside Lane Diamond Bar, CA 91765 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2006-09, Findings of Fact, and conditions of approval as listed within the resolution. Jeannette Barbero responded to C/Everett that there was no homeowners' association for their property. Mrs. Barbero responded to C/Torng that she read staff's report and concurs with the conditions of approval. JUNE 27, 2006 PAGE 4 PLANNING COMMISSION VC/Nelson opened the public hearing. With no one present who wished to speak on this item. C/Everett moved, C/Lee seconded to approve Development Review No. 2006-09, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Everett, Lee, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review DR 2004-03(1) and Tree Permit No. 2004-02(1) - In accordance with Chapter 22.66, the property owner/applicant requested a one-year extension of time of the Planning Commission's original approval of this project, which allows the construction of a four-story (split-level) single- family residence of approximately 11,300 square feet including a four -car garage, balconies, veranda, and deck. The request also included retaining walls of varying height not to exceed an exposed eight foot height; and removal/re place ment/protection of oak and walnut trees. The Planning Commission approved this project on May 11, 2004. The extension of time request does not alter the approved project. PROJECT ADDRESS: 2557 Blaze Trail (Lot 138, Tract No. 30578) Diamond Bar, CA 91765 PROPERTY OWNER/ APPLICANT: Nasser Ahmadi 1341 Pecan Grove Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of a one-year extension of time for Development Review No. 2004-03(1) and Tree Permit No. 2004-02(1), Findings of Fact, and conditions of approval as listed within the Resolution. AssocP/Lungu responded to C/Lee that the applicant was not able to begin substantial construction prior to the expiration of his permits. JUNE 27, 2006 PAGE 5 PLANNING COMMISSION Nasser Ahmadi, applicant, said he read staff's report and concurred with the conditions of approval. VC/Nelson opened the public hearing. With no one present to speak on this matter, VC/Nelson closed the public hearing. C/Torng moved, C/L.ee seconded to approve a one-year extension of time for Development Review No. 2004-03(1) and Tree Permit No. 2004-02(1). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Torng, Lee, Everett, VC/Nelson None None 7.4 Development Review No. 2006-17 In accordance with Chapters 22.48, 22.56 and 22.68 of the City of Diamond Bar Development Code, this was a request to demolish an existing dwelling and build a 5,135 square foot single- family residence and 600 foot detached guesthouse on an existing 14,496 lot. PROJECT ADDRESS PROPERTY OWNER: 603 Pantera Drive (Lot 33, Tract No. 42583) Diamond Bar, CA 91765 Kabbani Bashir 603 Pantera Drive Diamond Bar, CA 91765 APPLICANT: Landmark Engineering Design 14130 Alondra Boulevard, Suite H Santa Fe Springs, CA 90670 PI/Alvarez presented staff's report and requested Planning Commission approval of Development Review No. 2006-17, Findings of Fact, and conditions of approval as listed within the resolution. Robert Rezko, applicant, stated that the property owner concurred with the conditions of approval. JUNE 27, 2006 PAGE 6 PLANNING COMMISSION C/Lee asked for an explanation of the proposed game room and Mr. Rezko responded the area was intended to accommodate a pool table and wet bar. Mr. Rezko responded to C/Everett that the gate opening provided access for maintaining the slope. Mr. Rezko confirmed that the property was not part of a homeowner's association. VC/Nelson opened the public hearing. R. Massanoc, 607 Pantera Drive, asked about the retaining wall, property rezoning and height of the roofline because he did not want the project blocking his view. VC/Nelson closed the public hearing. ICDD/Fong responded to the speaker that there was no rezoning with the proposed project because the zoning as it exists is R-1 10,000. The guesthouse is not a second dwelling unit. Guesthouses are allowed by code. PI/Alvarez stated that the retaining wall would be located on the side nearest the speaker's property. He pointed out the location of the wall using the map. The distance from the property line to the wall is 10 feet. The maximum height of the wall is 6 feet on the slope side and 42 inches along the house. He said the wall would not impact Mr. Massanoc's view or privacy. The speaker's property is higher and the speaker's view looks into the applicant's yard. The second story will have no impact on the neighbor's view. ICDD/Fong responded to C/Everett that the typical wall height between properties is five to six feet. PI/Alvarez responded to VC/Nelson that with a two-story structure the applicant would have no greater view of his neighbor's yard. C/Lee moved, C/Everett seconded to approve Development Review No. 2006-17, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Everett, Torng, VC/Nelson None None JUNE 27, 2006 PAGE 7 PLANNING COMMISSION 7.5 Conditional Use Permit No. 2006-04 - In accordance with Chapters 22.58 and 22.10.030 — Table 2-6, this application was a request to relocate an existing Taekwondo studio to a different parcel and unit within Country Hills Towne Center. The Planning Commission originally approved the Taekwondo studio through Conditional Use Permit No. 2004-04 on September 14, 2004. PROJECT ADDRESS: 21335 & 21337 Cold Spring Lane Diamond Bar, CA 91765 PROPERTY OWNER: Country Hills DB, LLC MCC Realty Management Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Young In Cheon and Ann Cheon 1129 Summitridge Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2006-04, Findings of Fact, and conditions of approval as listed within the resolution. Ann Cheon said she read staff's report and concurred with the conditions of approval. She said she did not contemplate any change in the hours of operation. VC/Nelson opened the public hearing. With no one present who wished to speak on this item, VC/Nelson closed the public hearing. C/Torng moved, C/Lee seconded to approve Conditional Use Permit No. 2006-04, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: Torng, Lee, Everett, VC/Nelson None None COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JUNE 27, 2006 PAGE 8 PLANNING COMMISSION 7.6 Development Review No. 2006-15 - In accordance to Chapter 22.48.020(x)(1), this was a request to construct an addition of approximately 1,517 square feet to an existing single-family residence of approximately 2,397 square feet including the existing two -car garage. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 23649 Country View Drive (Lot 8, Tract 31061) Diamond Bar, CA 91765 Hubert Wilson 23649 Country View Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2006-15, Findings of Fact, and conditions of approval as listed within the resolution. Hubert Wilson responded to C/Everett that the property was not within a homeowners' association. He said he read staff s report and concurred with the conditions of approval. VC/Nelson opened the public hearing. With no one present who wished to speak on this matter, VC/Nelson closed the public hearing. C/Everett moved, C/Lee seconded to approve Development Review No. 2006-15, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Everett, Lee, Torng, VC/Nelson None None 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng appreciated that there were a number of projects on tonight's agenda indicating increased has improvements not ed inthin the fareas oheHCity id he was concerned about dry said that he C/Torng congratulated VC/Nelson on running a good meeting. JUNE 27, 2006 PAGE 9 PLANNING COMMISSION C/Everett thanked VC/Nelson for his leadership. He thanked staff for their work and support. He said he was sorry he would miss the July 4t' celebration and thanked staff for their hard work on the event as well as for the Concerts in the Park series. C/Lee thanked staff and VC/Nelson. VC/Nelson thanked his colleagues for their positive input. He suggested that staff include information within their reports regarding whether properties are located within homeowners' associations since C/Everett was concerned about that issue. He thanked C/Everett for his imposing their Miranda to ensure that applicants were in accord with the conditions of approval. One of the reasons approvals come readily to the Planning Commission is because of the expertise of staff and how well staff members work with applicants on projects. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong announced that CM/Lowry resigned her position. On July 18 the City Council will consider M/Herrera's Planning Commission appointee and once a Commissioner is appointed the Planning Commission will reorganize. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the meeting at 8:33 p.m. Attest: Oevelson, Vice Chairman Respectfully Submitted, Nancy Fong ' Community D pment Director Agenda #6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 11, 2006 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Everett led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee and Vice - Chairman Steve Nelson. Absent: Commissioner Tony Torng was excused. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. 4. APPROVAL OF AGENDA: CONSENT CALENDAR: As Presented. 4.1 Minutes of the Regular Meeting of June 13, 2006. C/Lee moved, C/Everett seconded to approve the minutes of June 27, 2006, as changed. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Everett, Lee, VC/Nelson None Torng JULY 11, 2006 7 PAGE 2 PLANNING COMMISSION PUBLIC HEARINGS: 7.1 Development Review No. 2006-12/Minor Conditional Use Permit No. 2006-07 - In accordance with Sections 22.48, 22.56, and 22.68 of the City of Diamond Bar Development Code, this was a request to construct an addition of approximately 2,163 square feet with patios; balconies approximately 464 square feet, and additional driveway parking to the existing 2,601 square feet legal non -conforming single-family residence including the existing two -car garage. PROJECT ADDRESS: 24418 Top Court Drive Diamond Bar, CA 91765 PROPERTY OWNER/ Himanshu D. and Bhavna H. Tanna APPLICANT: 24418 Top Court Diamond Bar, CA 91765 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2006-12 and Minor Conditional Use Permit 2006-07, Findings of Fact, and conditions of approval as listed within the resolution. DSA/Smith explained to C/Lee and C/Everett staffs application of the City Code to parking spaces and the driveway. C/Everett was also concerned about drainage. DSA/Smith assured C/Everett that the City's Public Works Division and Building and Safety Division would monitor the drainage. CDD/Fong said that more extensive erosion control would be required for projects that commence after October 1 (rainy season) in order to assure that silt and building materials are not allowed to enter the City's drainage system. C/Everett reiterated that he was still very concerned about the parking exposure for the applicant and the applicant's neighbors. VC/Nelson opened the public hearing. Pete Volbeda, architect, explained the proposed project. The entire site drains from the rear of the property to the street and the applicant will submit grading and drainage plans as required by the City. Mr. Volbeda felt that there would be a maximum of four cars parked on the site. C/Everett reiterated that the parking really bothered him. He complimented JULY 11, 2006 PAGE 3 PLANNING COMMISSION Mr. Volbeda on the design of the project. Mr. Volbeda said he read staffs report and concurred with the conditions of approval. VC/Nelson closed the public hearing. C/Lee moved, C/Everett seconded to approve Conditional Use Permit No. 2006-06 and Development Review No. 2006-10, Findings of Fact, and conditions of approval as amended and as listed within the resolution. Motion carried by the following Roll Call. vote: AYES: COMMISSIONERS: Lee, Everett, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Torng 7.2 Development Review No. 2006-20 — In accordance with Sections 22.42 and 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct roof mounted wireless communications facilities and equipment cabinets, as well as various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property consists of 3.5 -acres of land. PROJECT ADDRESS: 21725 E. Gateway Center Drive (Holiday Inn Select) Diamond Bar, CA 91765 PROPERTY OWNER/ Oak Creek, LTD. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT: Royal Street, LLC Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92601 Diamond Bar, CA 91765 CDD/Fong reported that in accordance with the applicant's request to continue the project in order to have additional time to provide adequate and appropriate screening for the cell sites, staff recommended that this matter be continued to August 8, 2006. JULY 11, 2006 PAGE 4 PLANNING COMMISSION . VC/Nelson opened the public hearing. There was no one present who wished to speak on this item. C/Everett moved, C/Lee seconded to continue Development Review No. 2006-20 and Conditional Use Permit 2006-07 to August 8, 2006. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Everett, Lee, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Torng 7.3 Develo mint Review No. 2006-24 and Minor Conditional Use Permit No. 2006-06 - In accordance with Code Section 22.48.020(a)(1), this was a request to construct a first and second story addition of approximately 1,960 square feet to an existing one-story single-family residence of approximately 3,299 square feet including the existing three -car garage. The Minor Conditional Use Permit was a request to maintain the existing five-foot side yard setbacks for the proposed addition. PROJECT ADDRESS: 1456 Redpost Court (Lot 62, Tract 31153) Diamond Bar, CA 91765 PROPERTY OWNER: Sunil Manaktala 1456 Redpost Court Diamond Bar, CA 91765 APPLICANT: Ramon Sales 2711 Benedict Street Los Angeles, CA 90039 AssocP/Lungu presented staffs report and recommended Planning Commission approval Pe mit No. 2006-06, Findings oview NFact, and condo. 2006-24 itions inor Use Conditional Us of approval as listed within the Resolution. CDD/Fong responded to C/Everett that landscaping was addressed on page 8 under Planning Commission Special Conditions of the Resolution. JULY 11, 2006 8. PAGE 5 PLANNING COMMISSION VC/Nelson opened the public hearing. Sunil Manaktala, property owner, stated he read staffs report and concurred with the conditions of approval. Mr. Manaktala indicated to C/Everett that he was not aware of any homeowners' association in his area. With no one present to speak on this matter, VC/Nelson closed the public hearing. C/Lee felt this was a very exciting project for the area. C/Lee moved, VC/Nelson seconded to approve Development Review No. 2006-24 and Minor Conditional Use Permit No. 2006-06, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Everett, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Torng PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee thanked staff for great reports. C/Everett thanked the applicants for presenting good projects and being willing to stand behind them. He thanked staff for good reports as always. He wanted staff to follow up on the "finger" piece of property that belonged to an adjacent property of a project discussed during the last Commission meeting because the landscape was in poor condition and would, in his opinion, readily burn. CDD/Fong assured C/Everett that staff would follow up on his concern. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong announced that during a special meeting on Monday, July 10, the City Council appointed Jim DeStefano as the new City Manager effective July 31, 2006. JULY 11, 2006 PAGE 6 PLANNING COMMISSION CDD/Fong asked the Commissioners if they would like to hold a design workshop or appoint two Commissioners to serve as a Design Review Subcommittee for the proposed 99 single-family condominium JCC Homes development south of South Point Middle School. The homes range from 3,200 to 3,600 square feet. Most of the homes are proposed to be three-story. Staff is concerned that this is a product that Diamond Bar has not seen and there are design issues that need to be addressed. During the design workshop such issues as land use, subdivision issues, etc. cannot be discussed. The only discussion point is the design of the project i.e., size of the lots, setbacks and design of the product and the structure and, whether the builder is creating a "quality" neighborhood. C/Everett felt that all of the Commissioners should be involved. VC/Nelson agreed and felt that potential Brown Act violations would likely be avoided if all Commissioners were involved. His philosophy as an environmental planner is that there are many people to accommodate over the next couple of decades in Southern California and it is his opinion that it is not cost-effective to keep building "out" at the expense of open space and transportation systems. Cities need to begin to look responsibly at alternative housing designs and he agreed with C/Everett that these types of projects could be done very attractively. If the project accommodates a need it has value. In addition to having a design workshop it would behoove JCC to provide examples of projects that could be visited by the Planning Commissioners. VC/Nelson said he would have to recuse himself because his company performed the technical biological work on the project. CDD/Fong said that staff agreed with the comments that if the housing stock is to be increased in Diamond Bar quality and livable neighborhoods must be created in which residents can feel a sense of pride. Staff is seeking consensus on a direction for the project. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JULY 11, 2006 PAGE 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Nelson adjourned the meeting at 7:57 p.m. Attest: Respectfully Submitted, Nancy Fong Community De to Director Received and Filed Agenda #6.2.3 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 8, 2006 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Tony Torng, Osman Wei and Vice -Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Gregg Kovacevich, Assistant City Attorney; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate, David Alvarez, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Received and Filed - Minutes of the Regular Meeting of July 11, 2006 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. 2006- 20 and Conditional Use Permit 2006-07 - In accordance with Sections 22.42 and 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct roof mounted wireless communications facilities and equipment cabinets, as well as various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property consists of 3.5 -acres of land. (Continued from July 11, 2006) AUGUST 22, 2006 PAGE 2 PLANNING COMMISSION PROJECT ADDRESS: 21725 E. Gateway Center Drive (Holiday Inn Select) Diamond Bar, CA 91765 PROPERTY OWNER/ Oak Creek, LTD. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT: Royal Street, LLC Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92601 CDD/Fong reported that staff concurred with the applicant to recommend this matter be continued to September 26, 2006, to allow the applicant an opportunity to gain approval from the Gateway Association Board and to continue working with staff and the Holiday Inn toward agreement of proper screening for the wireless antenna and equipment. VC/Nelson re -opened the public hearing. C/Torng moved, C/Lee seconded to continue Conditional Use Permit No. 2006-07 and Development Review 2006-20 to September 26, 2006. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Wei, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PUBLIC HEARINGS: 8.1 Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09 - In accordance with Code Sections 22.58, 22.65 , and 22.68.070, the applicant requested approval of an amendment of Conditional Use Permit No. 2347-(1) herein renumbered as Conditional Use Permit No. 2006-8 and Minor Conditional Use Permit No. 2006-09 to delete the original sunset clause of the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer/wine, and establish the uses to run with the land. AUGUST 22, 2006 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS: 1261 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar/Grand, LLC 2717 West Coast Highway Newport Beach, CA 92663 APPLICANT: Richard Kim 3126 Gotera Drive Hacienda Heights, CA 91745 DSA/Smith presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. Richard Kim, owner/applicant, spoke about the project and said he read staff's report and concurred with conditions of approval. VC/Nelson closed the public hearing. C/Torng moved, C/Lee seconded to approve Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Torng, Lee, Wei, VC/Nelson None None 8.2 Development Review No. 2005-38 — In accordance with Code Sections 22.16.060, 22.42 and 22.48, the applicant requested approval of plans to construct two new cupolas with concealed rooftop antennas for wireless telecommunication. PROJECT ADDRESS: 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 AUGUST 22, 2006 PAGE 4 PLANNING COMMISSION PROPERTY OWNER: James H. and Lynette Ann Martindale 1340 E. Route 66 Glendora, CA 91740 APPLICANT: T -Mobil 3 Imperial Promenade #1100 Santa Ana, CA 92707 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2005-38, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. John Austin, Trillium, representing the applicant, said he read staffs report and concurred with the conditions of approval. VC/Nelson closed the public hearing. VC/Nelson asked if it would improve the service if the tower were 20 feet tall. Mr. Austin responded generally yes because the higher the tower the better the reception. However, these antennae have a very low signal and hand off in a line -of -site and at the proposed height Trillium was able to reach its objectives. Usually, towers need to be 40 to 60 feet from ground level. C/Wei asked if Mr. Austin's company contemplated putting a cell site on the water tower in "The Country Estates." Mr. Austin responded that cell site location is driven by technology and by customer complaints. There could be a need in the area as capacity grows. However, without knowing about the water tank location and height it may not line up with one of Trillium's sites. C/Lee moved, C/Wei seconded to approve Development Review No. 2005-38. Motion carried by the following Roll Call vote: AYES: Lee, Wei, Torng, VC/Nelson None None COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: AUGUST 22, 2006 PAGE 5 PLANNING COMMISSION 8.3 Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2) - In accordance with Code Sections 22.66 and 22.48, the applicant requested approval of plans to modify an adjoining 1,200 square feet retail suite to a Montessori Elementary School classroom with interior tenant improvements to connect with the existing school and, add a bathroom. PROJECT ADDRESS PROPERTY OWNER: 23555 Palomino Drive Diamond Bar, CA 91765 A -P Diamond Bar, LLC 310 Golden Shore #300 Long Beach, CA 90802 APPLICANT: Diamond Bar Montessori Academy c/o Tige E. Licato 424 E. 9t' Street Upland, CA 91786 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2), F=indings of Fact, and conditions of approval as listed within the resolution. C/Lee asked how many children were enrolled in the school. DSA/Smith responded that the existing school enrollment (occupancy) was limited to 104 and additional enrollment for the proposed use is 24 children. DSA/Smith pointed out that the play area would be increased by about 750 square feet and said that all of the play area was fenced. C/Wei wanted to know if the restroom facilities accommodated small children. He asked if two exits were suitable in case of emergency. DSA/Smith responded that Building and Safety made no negative comments with respect to ingress/egress and that restrooms were built to code. CDD/Fong responded to C/Torng that the children are allotted indoor playtime as well as outdoor playtime. The formula for arriving at the number of students shows that at any one time there would not be more than 90 students playing outdoors. VC/Nelson opened the public hearing. AUGUST 22, 2006 PAGE 6 PLANNING COMMISSION Tige Licato stated that the school had been open in the City for seven years and that safety was very important and the school's record spoke for itself. Mr. Licato responded to C/Lee that the school was licensed to accommodate 104 students. The school has two-day, three-day and fulltime programs and the student counts never exceed 104. The current elementary space has 24 elementary children and he believed that would also be the occupancy for the new expansion. Mr. Licato pointed out the playground areas for C/Torng using the overhead. He also testified about the security of the building and said that the only ingress was through a front key coded entry and that there was always a full time director/administrator at the door who checked everyone in and out. Staff parks at the rear of the building and that all frontage parking spaces at the school were 15 -minute drop off spaces. He said that parking had never been an issue. VC/Nelson closed the public hearing. C/Lee moved, C/Wei seconded to approve Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2), Findings of Fact and conditions of approval as listed within the resolution. C/Torng asked staff to modify the map because he could not easily see the various playgrounds. CDD/Fong asked if C/Torng wanted each playground labeled and C/Torng responded affirmatively and said he also wanted the calculations. Basically, he wanted greater clarification included in the map. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Wei, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.4 Development Review No. 2006-27 and Minor Conditional Use Permit No. 2006-08 - In accordance with Code Sections 22.48, 22.56 and 22.68, this was a request to add 972 square feet to an existing 1,365 square foot Single Family Residence on an existing 7,897 square foot lot consisting of 0.18 acres zoned R-1 8,000 with a consistent underlying General Plan Land Use of Low Density Residential (RML). AUGUST 22, 2006 PAGE 7 PLANNING COMMISSION PROJECT ADDRESS: 1723 Roundtree Circle Diamond Bar, CA 91765 PROPERTY OWNER: Michael and Julia Sullivan 1723 Roundtree Circle Diamond Bar, CA 91765 APPLICANT: ProBuilder Attn: Kenn Coble 449 W. Allen Avenue, Suite 109 San Dimas, CA 91773 PT/Alvarez presented staff's report and recommended approval of Development Review No. 2006-17 and Minor Conditional Use Permit No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. Kenn Coble explained how the design fit in with the hillside non -conforming lot. VC/Nelson closed the public hearing. C/Torng moved, C/Lee seconded to approve Development Review No. 2006-27 and Minor Conditional Use Permit No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Wei, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.5 Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 — In accordance with Code Sections 22.48.020(x)(1), 22.56 and 22.68, this was a request to construct a first and second story addition/remodel of approximately 2,600 square feet including the patio cover to an existing one-story single-family residence of approximately 1,412 square feet with an existing two -car garage. The Minor Conditional Use Permit was a request to maintain the existing five-foot side yard setback and AUGUST 22, 2006 PAGE 8 PLANNING COMMISSION 10 and 13 -foot separation between residences on adjoining properties for the proposed addition. PROJECT ADDRESS PROPERTY OWNERS: 24115 Willow Creek Road Diamond Bar, CA 91765 Mr. and Mrs. Adolfo Mijares 24115 Willow Creek Road Diamond Bar, CA 91765 APPLICANT: Sergio Gonzales 6 N. First Avenue, Suite 101 Arcadia, CA 91006 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. Martha Mijares, property owner, said she read staffs report and responded to C/Torng that she noticed the requirement for the door and said that there was currently a door in that location. She said she understood and accepted the conditions of approval. VC/Nelson closed the public hearing. C/Lee moved, C/Wei seconded to approve Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Wei, Torng, VC/Nelson None None 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Wei said he was happy to be back on the Planning Commission. He thanked staff for their assistance. AUGUST 22, 2006 10. PAGE 9 PLANNING COMMISSION C/Lee introduced his cousin visiting from Korea. He said he invited his cousin to witness a true democratic and beautiful process tonight so that he could take what he learned back to his country. C/Torng said he visited England and attended the House of Parliament. He welcomed C/Wei and complimented C/Everett on his attention to detail. When he visited one of tonight's projects he noticed that 24137 Willow Creek Road appeared to be deserted and unkempt. VC/Nelson welcomed C/Wei back to the Commission and said he looked forward to working with him. He said he was complimented that C/Lee would invite his cousin to this proceeding as an example of democracy. VC/Nelson said he understood C/Torng's sentiments about C/Everett and assured him it was the right of every Commissioner to ask questions and exercise his right to do so no matter what amount of detail Commissioners needed to arrive at a satisfactory conclusion regarding projects. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Art in Public Places CDD/Fong reported that on July 18 staff forwarded the Planning Commission's recommendation to the City Council regarding Art in Public Places. The City Council was interested in pursuing the matter and directed staff to work with the Parks and Recreation Commission for further input. The Parks and Recreation Commission recommended setting up a subcommittee consisting of two Planning Commissioners and two Parks and Recreation Commissioners to further study the matter, create a definition of art, decide where art pieces could be placed, etc. C/Torng and VC/Nelson volunteered to participate on the subcommittee. C/Lee said he would not participate because he would not favor imposing a condition on developers that would ultimately pass the costs to the consumer. C/Wei said because he was new to the issue he would prefer to gather more information before making a decision. AUGUST 22, 2006 10.2 Historical Windmill PAGE 10 PLANNING COMMISSION CDD/Fong reported that Council's direction was to attempt to preserve the windmill either in its current location or at another location. Staff was researching who owns the structure and discovered that the property owner believes he owns the structure. Staff is researching what can legally be done to preserve the structure. 10.3 Planning Commissioner Training Workshop CDD/Fong offered special training to the Commissioners to assist them to becoming familiar with the City's review process, discuss the basis of the General Plan, zoning, etc. She suggested a study session to consider the project design prior to a regular Planning Commission meeting on a monthly basis addressing different topics. She also recommended a study session to consider the proposed JCC Development project to prepare to address the public concerns and comments. VC/Nelson highly recommended that the Commissioners attend the sessions so that they are armed with the facts. He said he would have to consult legal counsel regarding his attendance at the sessions because he would be recusing himself from ultimate consideration of the project. C/Torng felt he would have to recuse himself because he lived too close to the proposed project. CDD/Fong believed he lived an adequate distance from the project to not have to recuse himself and said she would check into the matter. 10.4 Public Hearing dates for future proiects 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. AUGUST 22, 2006 PAGE 11 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Nelson adjourned the meeting at 8:41 p.m. Respectfully Submitted, Nancy Fong Community Attest: Agenda #6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive JULY 27, 2006 CALL TO ORDER: Vice Chairman Owens called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, Benny Liang, Ruth Low and Vice Chairman Ted Owens. Absent: Chairman Dave Grundy was excused. Staff Present: Bob Rose, Director of Community Services; Nancy Fong Community Development Director; Anthony Jordan, Parks and Maintenance Superintendent; Sara Somogyi West, Recreation Services Manager, and Marisa Somenzi, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1.1.1 Approval of Minutes for June 22, 2006 Regular Meeting. 1.1.2 Transmittal of Sports Complex Task Force Final Report to Commissioners— Adopted by the City Council on May 18, 2004. 1.1.3 Transmittal of updated Organization Spread Sheet from User Group Meeting for period of August 1 through December 31, 2006. C/Low moved, C/Herndon seconded to approve the Consent Calendar with C/Liang abstaining from approval of Consent Calendar Item 1.1.1. Motion carried by the following Roll Call vote: AYES: Herndon, Liang, Low, VC/Owens None Chair/Grundy COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JULY 27, 2006 PAGE 2 P&R COMMISSION 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — MS/Somogyi West CSD/Rose responded to C/Low that he believed the cost for the July 4th celebration was slightly higher this year due to rental costs for the high school stadium. However, it is possible that the sheriff's cost will be less than in previous years. The City intends to hold future celebrations at DBHS. C/Low suggested that lighting be installed in the gate area between the field and the parking lot. VC/Owens suggested the City ask the school district for a discount on the cost of using the facility and CSD/Rose said that although it was a good suggestion it was not likely to happen. 2.2 Diamond Bar Community Foundation Oral Report. CSD/Rose reported that the Foundation offered a $2000 donation to cover the cost of promotion banners for the Sunday at the Center Art Show on November 19, 2006. The matter will be considered for acceptance at the August 1 City Council meeting. 2.3 DB 4 Youth Report. CSD/Rose reported that the DB 4 Youth would participate in the Diamond Bar Day at the Los Angeles County Fair on Thursday, September 14. The middle school dance will be held on Friday, November 3 at the Diamond Bar Center. 2.4 Parks Report. PMS/Jordan reported on maintenance and repairs at the City's parks. C/Herndon stated that there was graffiti where the stream goes under the field in the gate area to the left of the wooden bulkhead at Sycamore Canyon Park. He asked about the City's plans for the slope damage in the Summitridge area. CSD/Rose responded that staff received the final remediation plans from Group Delta. As soon as the City's Building Official signs off the project will go out to bid with construction to take place prior to commencement of the rainy season. C/Herndon asked what kind of fix was planned and CSD/Rose responded that it involved taking away dirt and packing it back on at a cost of about $390,000 for the four areas. Most of the remediation cost will be borne by FEMA because it was declared a disaster area. C/Herndon asked if additional drainage would be added and CSD/Rose responded no, that the steep slope would be repacked and landscaped as previously existed. PMS/Jordan responded to C/Liang that he had not received reports of JULY 27, 2006 PAGE 3 P&R COMMISSION unusual or increased snake activity in the parks. 2.5 CIP Program Report a. Sycamore Can, on Park ADA Retrofit — Phase III — CSD/Rose reported that replacement of the retaining wall and two tot lots is out to bid with bids due August 22 and construction slated to commence in the fall. 2.6 Lorbeer Middle School Agreement with PUSD. CSD/Rose stated that on July 18 the City Council approved the agreement and on July 25 the PUSD approved the agreement for Lorbeer Middle School field. Valley Crest Landscape Maintenance will commence upgraded maintenance similar to what is being done at Pantera Park. Once the irrigation system is working properly the field will be aerated, reseeded and fenced. At some point the middle field will be refurbished and if funding is available the upper field will be done. The agreement also allows user groups to use restrooms at Lorbeer Middle School. In addition, a staff member will be available to control the area and make certain that vehicles are not driven onto the fields. C/Herndon congratulated staff on a successful resolution in a long and detailed negotiation. 2.7 Larkstone Park Presentation CSD/Reported on the proposed Larkstone Park design plans C/Herndon said he would like to see the two areas jointed together in some way such as steps similar to the steps at Sycamore Canyon Park that go up to Diamond Bar Boulevard and wondered if it would create a problem for handicapped access. Kurt Nelson, JCCL, South Point West, talk about the proposed project and the purchase of the property and project will ultimately assist in fulfilling the school district's promise to the City. The site is challenging and suffered a significant landslide in 1995. The reason for the substantial grade separation is due in large part to the substantial grading necessary to stabilize the upper pad. He was not sure how to respond to the proposal to join the two properties and said he would have to discuss the matter with his engineers. Further, there may be some conflicts with respect to the Americans with Disability Act. Larry Ryan, RJM Landscape Architects explained the proposed project and talked about the significant challenges the current codes. From a pro -active standpoint the project should encourage equal opportunity play opportunities within the same environment. He felt there was an opportunity to incorporate a nice play environment at the upper pad area complete with a picnic area and restroom facilities with parking at both locations. He handed out exhibits showing existing parks in other communities that provided possible scenarios for the lower pad. JULY 27, 2006 PAGE 4 P&R COMMISSION c;/Herndon asked if any of the City's parks are used for weddings and CSD/Rose said that the only area is at the Diamond Bar Center. C/Herndon felt the proposed park area could be a good area for weddings. MS/Somogyi West responded to C/Herndon that Mt. SAC provides a weekly gardening class to D.B. Seniors. C/Low said she loved the concept of a passive park for D.B. She liked bench seating for small groups and felt the design presented encouraged individuals to be friendly, would give them a sense of tranquility and intimacy and allow them to express happiness. She liked the designs and particularly liked the low walls with seating that included natural elements. She agreed with C/Herndon that there should be steps/connectivity if possible between the lower and upper levels to offer a sense of adventure. She referred to Lacy Park in San Marino that has areas of grass and walkways for bicycling and walking. She asked Kurt Nelson where he intended to place a piece of art in the park. Mr. Nelson said he needed additional input regarding the type of piece and where it should be located within the design — perhaps a piece of sculpture in a contemplative area. C/Low said she noticed work in tot lots that included art imbedded in walkways. Mr. Nelson said he would consider the suggestion. C/Liang asked if the design could include a water pond in the garden area. Mr. Nelson said that because of liability concerns he has had to eliminate very shallow fountains at project entryways. In addition, cities have concerns about water features attracting mosquitoes and West Nile virus and ultimately, additional maintenance. VC/Owens said he would like to see nice entryways into both the upper and lower levels; access; between the lower and upper sites; concerns about the picnic area and only six parking spaces. CSD/Rose said he viewed the lower area as a very low-key area and the upper area being a more active area. VC/Owens agreed with C/Herndon that he believed the lower area would be conducive to weddings but felt there was inadequate parking. Mr. Nelson stated that the earliest the project would be before the City Council in December or January and could be delayed beyond that time. Assuming approval of a Tentative Map for the project the developer has six months to record the final map, process grading plans, etc. and it would most likely be a year before groundbreaking. CSD/Rose explained that Los Angeles County quit claimed 2.87 acres that are now used for South Point Middle School tennis courts. Because the use was other than park use it violates the grant deed and there has to be replacement land and the land being purchased by JCCL from WVUSD includes the deeding of the land that comes to the City as part of this turnkey park development. LA County has review responsibility for the park site and the land to make sure that it meets their criteria and that the drainage system will function properly for year-round use. JULY 27, 2006 PAGE 5 P&R COMMISSION Mr. Nelson responded to C/Low that public hearings would be held. CDD/Fong stated that the Parks and Recreation Commission is responsible for approving the park design. The Planning Commission's responsibility is to approve the land use for the park. She further stated that a condition could be placed on the project that prior to final map approval, the Parks and Recreation Commission would approve the specific design of the park. C/Herndon said he was concerned about the drainage and slope failure issues. Mr. Ryan explained that the buttress fill would be compacted to 90 percent to support the old landslide that occurred upslope from the site. C/Herndon said he was concerned about the excessive amount of runoff to the lower area and hoped there would be adequate drainage. CSD/Rose and CDD/Fong assured C/Herndon that there would be adequate drainage in the form of bench drains that would deliver the water offsite. 2.8 Lot Adjacent to Pantera Park CSD/Rose stated that a review of the pad above Pantera Park revealed that the City owns considerably more land than reported to the Sports Complex Task Force. What was originally thought to be a 35 -acre site is actually an 80 -acre City -owned site that covers land from Summitridge Drive past Pantera Park. Staff spoke with Jeff Scott of David Evans & Associates who devised a schematic depicting a facility occupying about 18 acres of the site with access from the secondary entrance to Pantera Park. The schematic also includes four soccer fields, an Aquatics Park with two parking lots and a tot lot with restroom and concession area in the middle. The estimated cost for grading is $10 million to 18 million with construction. Since the City owns the property there may be some grant funds available. Staff forwarded the information to the City Council for their information. The engineer believes that this site offers a better opportunity for a sports complex than other sites currently under consideration. C/Herndon wondered if it was feasible to get a developer to cooperate on a joint venture. CSD/Rose responded that David Evans & Associates did not offer that as an option for this site, only for Lots 1 and 61 because of the visibility opportunities. C/Herndon was suggesting that a portion of the property could be used for residential building if the developer could be persuaded to cooperate on the building of the sports complex. CDD/Fong responded to C/Herndon that she believed the property was zoned open space and included a deed restriction that would have to be changed by General Plan amendment. JULY 27, 2006 PAGE 6 P&R COMMISSION Z.a zuut uHK5 Gonterence in Sacramento CSD/Rose reported that the City intends to register all of the Commissioners for the March 8 through 10 2007 CPRS Conference and needs to know what Commissioners would not be available to attend. 3. OLD BUSINESS: 3.1 REVIEW OF DIAMOND BAR CENTER FACILITY USE POLICY. a) Revise candle permit process for DBC - Section VIII, Number 4, Page 16). b) Revise Deposit verbiage for Sycamore, Oak, Willow, Pine and Maple Rooms use - Section VI, Number 2, Letter B, Items i and ii (Pg 10). c) Add "consecutive" to maximum hours of alcohol use - Section VIII, Number 1, Letter J (Pg. 15). d) Revise where animals are allowed at Diamond Bar Center and adjacent park - Section VIII, Number 5 (Pg 16). e) Clarify cleanup responsibilities - Section VIII, Number 14 (Pg. 17). f) Revise Refund Policy to reduce amount of notice required for Sycamore, Oak, Willow, Pine and Maple Rooms - Section VI, Number 2, Letter C, Items I and ii (Pg. 10 and 11). RSM/Somogyi West reported that staff reviewed the Commission's recommendations and changed the policy wording accordingly. Staff recommends that the Commission review the changes and recommend approval to the City Council. C/Herndon moved, C/Low seconded to accept staff's recommendation with the addition of the name of the park under Section VIII, Number 5 on Page 16. Without objection, the motion was so ordered. 4. NEW BUSINESS 4.1 ART IN PUBLIC PLACES: CDD/Fong presented the concept of an Art in Public Places program to the City Council on July 18, 2006. Several months ago the Planning Commission directed staff to research other cities with such programs and present its findings to the Commission. Staffs report to the Planning Commission was included in tonight's packet. CDD/Fong said that the Planning Commission forwarded its findings to the City Council and City Council directed staff to present its findings to the Parks and Recreation Commissioners for their input. Council was concerned about the definition of "art," and where the art would be placed (public park, landscape median, within private property). For example, if Target were to provide a piece of art it would be on private property, privately owned and privately maintained. If the City wished to place the art only in public places, what areas would be designated? If the artwork were placed in a park for example, where would it JULY 27, 2006 PAGE 7 P&R COMMISSION be located within the park? And, who would maintain the art piece? How would the City procure art pieces? And, would the City acquire such pieces through donations from foundations and companies or require developers and business to pay for and maintain the art pieces. Other matters of consideration would include the value of the art pieces and whether to include items of lower quality and value and how it would affect the overall program. CDD/Fong read from the City of Oakland goals for their art program. She said she would provide a list of some of the goals for the Commission's consideration. C/Herndon asked if the Commission should plan a study session to discuss this item. C/Low thought it would be a good idea to include Commissioners and other individuals who were interested in the concept. She said she was unclear and frustrated about where the City was going with this. CDD/Fong stated that staff could compile a conceptual program for presentation to the Commission and upon consideration, could be forwarded to the City Council. CDD/Fong said that she would need to discuss the possibility of a C37eneral Plan amendment and Development Code amendment for specific design criteria with the Planning Commission. CDD/Fong responded to VC/Owens that the Planning Commission favors the art in public places program. In order to implement such a program the Planning Commission would have to create provisions within the code that would allow for such a program. The current code language "encourages, promotes and recommends" and the language would have to be specific and forceful in order for staff to be able to require a developer to provide the art pieces. C/Herndon noted that some cities impose developer fees for art in public places and wanted Ito know whether it was for the private sector as well as the public sector. CDD/Fong said that in Brea it was for both the private and public sector. Brea requires one percent of the development costs be allocated toward art and there is a ceiling on the dollar amount. Brea places art on private property as well as in public parks. Brea has a five -person art commission that includes two art dealers and they review the design, placement and location of the artwork. VC/Owens asked if it was possible to hold a joint meeting with the Planning Commission to discuss the matter and CDD/Fong responded in the affirmative. She also suggested forming a subcommittee comprised of two Planning Commissioners and two Parks and Recreation Commissioners. C/Low felt that the power of a governing body in a municipality lay with its entitlements and what it gets from a developer and what drives a developer is their ability to make money. In her opinion there would have to be interplay between the two entities wherein if the Citywere offering something desirable the developer will pay because it is desirable and the developerwill JULY 27, 2006 PAGE 8 P&R COMMISSION matte money trom it. It requires fortitude to implement such a plan. CDD/Fong believes it is important that the Council buy -in to the program believing that art is good for the City. Perhaps the subcommittee should first look at the goals and purposes for the City having public art. C/Low said she did not see art pieces limited to public parks because in her opinion, a public place is anywhere the public has access and should not be limited to public parks. C/Herndon asked if staff could bring its recommendations to the subcommittee based on what other cities have found to be successful. C/Herndon and C/Low volunteered to serve on the subcommittee as representatives of the Parks and Recreation Commission. C/Low moved, C/Herndon seconded to appoint C/Herndon and C/Low to serve on the "Art in Public Places" subcommittee with direction to staff to procure two volunteers/appointees from the Planning Commission to also serve on the subcommittee. Once the Planning Commission subcommittee members are determined staff will schedule a subcommittee meeting and present a proposal for consideration and recommendation to the respective Commissions for adoption and recommendation to the City Council. Without objection, the motion was so ordered. 5. ANNOUNCEMENTS: C/Low thanked staff and especially CDD/Fong for their presentations. She complimented staff on the marvelous Concerts in the Park series. She felt very fortunate to be able to attend and had a great time every Wednesday. The music is fabulous and the location is. great. It is a wonderful free service that the community provides for its residents. She suggested that next year the City incorporate a "Movie Night at the Park." C/Herndon said he too had attended the Concerts in the Park and enjoyed them greatly. Staff does a great job and the community responds favorably. He said he noticed while driving through other cities that several have art in their entry areas that often include a billboard/sign announcing various activities in the city and he felt it would be great for D.B. to develop this type of entry reader board. CSD/Rose stated that just prior to leaving the City CM/Lowry was beginning an effort toward "branding" to create an entry statement for the City and the City has hired a consultant to assist in the process. VC/Owens concurred with his colleagues about the Concerts in the Park program, a very positive program that brings the community together in a fun -filled atmosphere and having food concessions available at that time of the evening is a bonus. JULY 2'7, 2006 PAGE 9 P&R COMMISSION P%ujvumNiviCry I : upon motion by C/Herndon seconded by C/Liang and with no further business before the Parks & Recreation Commission, VC/Owens adjourned the meeting at 9:15 p.rn. Respectfully Submitted, Bob Rose, Secretary CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.4 Meeting Date: September 19, 2006 AGENDA REPORT VIA: James DeStefano, City Man TITLE: Ratification of Check Register date August 10, 2006 through September 13, 2006. RECOMMENDATION: Ratify Check Register containing checks dated August 10, 2006 through September 13, 2006 totaling $3,090,792.12. FINANCIAL IMPACT: Expenditure of $3,090,792.12 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated August 10, 2006 through September 13, 2006 for $3,090„792.12 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finance i ctor Assist y Hager Attachments: Affidavit and Check Register — 08/10/06 through 09/13/06 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated August 10, 2006 through September 13, 2006 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description Amount 001 General Fund $2,428,284.83 011 Community Organization Support Fd $750.00 112 Prop A - Transit Fund 420,710.99 115 Int. Waste Mgt Fund 24,703.52 118 AB2766 - AQMD Fund 17,403.37 125 CDBG Fund 19,883.35 138 LLAD #38 Fund 30,956.30 139 LLAD #39 Fund 10,327.17 141 LLAD #41 Fund 13,269.01 250 Capital Improvement Project Fund 119,493.20 520 Equipment Replacement Fund 5,010.38 $3,090,792.12 Signed: Linda G. Ma on Finance Director City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name PAYROLL TRANSFER Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/10/2006 06 -PP 16 P/R TRANSFER - PP06/16 001 10200 124,896.61 $141,250.08 8/10/2006 8/24/2006 PAYROLL TRANSFER P/R TRANSFER - PP06/16 112 10200 4,920.75 3,959.16 8/10/2006 8/2412006 PAYROLL TRANSFER P/R TRANSFER - PP06/16 115 10200 5,079.68 1,102.06 8/10/2006 8/2412006 PAYROLL TRANSFER PIR TRANSFER - PP06/16 118 10200 1,350.14 1,099.97 8/10/2006 8/24/2006 PAYROLL TRANSFER P/R TRANSFER - PPO6/16 125 10200 1,461.79 938.82 8/10/2006 8/24/2006 PAYROLL TRANSFER P/R TRANSFER - PPO6/16 138 10200 1,180.34 938.83 8/10/2006 8/24/2006 PAYROLL TRANSFER P/R TRANSFER - PPO6/16 139 10200 1,180.39 1 938.86 8/10/2006 PAYROLL TRANSFER P/R TRANSFER - PP06/16 1 141 10200 1,180.38 8/24/2006 06 -PP 17 PAYROLL TRANSFER P/R TRANSFER-06/PP 16 001 10200 129,551.88 $142,258.01 Rl�4l�[)06 PAYROLL TRANSFER IP/RTRANSFER-06/PP 16 112 10200 3,728.43 8/24/2006 71915 PAYROLL TRANSFER P/R TRANSFER-06/PP 16 115 10200 3,959.16 $5,010.38 8/2412006 PAYROLL TRANSFER P/R TRANSFER-06/PP 16 118 10200 1,102.06 8/2412006 71916 PAYROLL TRANSFER P/R TRANSFER-06/PP 16 125 10200 1,099.97 $400.00 8/24/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 16 138 10200 938.82 8/24/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 16 139 10200 938.83 8/24/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 16 141 1 10200 1 938.86 8/10/2006 06 -PP 18 PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER P/R TRANSFER-06/PP 18 P/R TRANSFER-06/PP 18 P/R TRANSFER-06/PP 18 P/R TRANSFER-06/PP 18 P/R TRANSFER-06/PP 18 P/R TRANSFER-06/PP 18 P/R TRANSFER-06/PP 18 P/R TRANSFER-061PP 18 001 112 115 118 125 138 139 141 10200 10200 10200 10200 10200 10200 10200 1 10200 125,580.84 4,872.59 5,079.16 1,347.90 1,461.59 1,229.88 1,229.91 1 1,229.90 $142,031.77 9/7/2006 9/7/2006 9/7/2006 9/7/2006 9/7/2006 9/712006 9/7/2006 9/712006 8/10/2006 71913 3CMA CONF REG ALWARD 0014095 42330 545.00 $1,635.00 8/10/2006 3CMA CONF REG FEE ROA 0014095 42330 545.00 8/10/2006 71915 3CMA CONF REG - HIDALGO 0014095 42330 545.00 $5,010.38 8/10/2006 71914 13CMA MBRSHP ROA,ALWRD,HIDGO 0014095 1 42315 1 633.331 $633.33 8/10/2006 71915 14 SEASONS TRUCK CENTER ITRUCK - SVC BODY 5204090 1 46100 1 5,010.381 $5,010.38 8/10/2006 71916 ISABIHA AHMED IDEP REFUND - DBC 001 1 36615 1 400.00 $400.00 Page 1 City of Diamond Bar -,Check Register 08/10/06-09/13/06 Check Date jCheck Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 8/10/2006 71917 AMERICOMP GROUP INC PRINTER SUPPLIES 0014070 45000 340.99 $622.37 8/10/2006 71919 AMERICOMP GROUP INC PRINTER SUPPLIES 0014070 45000 184.01 $55.00 8/10/2006 71920 AMERICOMP GROUP INC PRINTER SUPPLIES 0014070 45000 97.37 $47.75 8/10/2006 1 71918 JAQUARIUM OF THE PACIFIC JDAYCAMP EXCURSION 0015350 42410 1 500.001 $675.25 8/1012006 71919 ARG APPLIANCE REPAIR EQ MAINT-HERITAGE 0015340 42210 55.00 $55.00 8/10/2006 71920 AT & T PHONE SERVICES GENERAL 0014090 42125 47.75 $47.75 o/Aliinnna 740o1 lAkIll e 1mr, IREFUND EN -06-519 001 23012 500.001 $245.00 8/10/2006 1 AVILA INC ADMIN FEE EN -06-519 001 34650 -85.00 $693.00 8/10/2006 71923 AVILA INC MAILING FEE EN -06-519 001 34650 -85.00 $511.20 8/1012006 AVILA INC RESEARCH FEE 001 34650 -85.00 8/10/2006 1 71922 IRYAN BAILEY DEP REFUND - DBC 001 23002 350.00 $350.00 8/10/2006 1 JCDW CDW GOVERNMENT INC. IIS-WEBTRENDS SOFTWARE 1185098 46235 3,588.25 $693.00 8/1012006 1 71923 IBENESYST PAYROLL DED-PP16 001 21105 511.20 $511.20 8/10/2006 71924 INOLAN BERENTIS UMPIRE SB TRNMT 0015350 45300 100.001 $100.00 8/10/2006 71925 1 BREA CANYON ANIMAL HOSPITAL OVRPMT-BUS REG. 001 34560 1 10.00 $10.00 8/10/2006 71926 IBUFFO NOELLE IDEP REFUND-PTRSN 1 001 23002 50.00 $50.00 8/10/2006 1 71927 ICASTRO DANIEL REC REFUND 001 34730 1 $10.00 8/10/2006 71928 GOVERNMENT INC. FAX SRVR ANL SUPPORT 0014070 42205 1,624.17 $5,212.42 8/10/2006 1 JCDW CDW GOVERNMENT INC. IIS-WEBTRENDS SOFTWARE 1185098 46235 3,588.25 $693.00 8/10/2006 71929 ICHEMSEARCH ISUPPLIES - DBC 0015333 41200 1 $225.79 8/10/2006 71930 ICHIEN ALICE CONTRACT CLASS INSTRUCTOR 0015350 45320 I693.00 $693.00 8/10/2006 71931 ICHIN SHERMIN IREC REFUND 001 34740 1 40.00 $40.00 Page 2 City of Diamond Bar - Check Register 08/10/06-09/13/06 8/10/2006 71936 CONTRACTOR RITA DEPOSIT REFUND - DBC 001 23002 200.00 $800.00 8/1012006 CONTRACTOR RITA DEPOSIT REFUND - DBC 001 23002 600.00 Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount Check Date 8/10/2006 1 71932 ICINGULAR WIRELESS CELL SVCS -POOL VAN 1 0014090 1 42125 1 39.24 $39.24 8/10/2006 71936 CONTRACTOR RITA DEPOSIT REFUND - DBC 001 23002 200.00 $800.00 8/1012006 CONTRACTOR RITA DEPOSIT REFUND - DBC 001 23002 600.00 71933 ICOLOR ME MINE CONTRACT CLASS INSTRUCTOR I 0015350 45320 450.001 $450.00 8/10/2006 71937 UUUN I Y U1- LOS ANGELES 1COMMUNICATIONS SUPPORT GROUP INC PROF SVCS -CABLE AUDIT 0014090 1 44000 997.001 $997.00 8/10/2006 71934 EQ MAINT- DBC 7/26/06 71935 1CONSTANCE J. LILLIE CONTRACT CLASS INSTRUCTOR 1 0015350 1 45320 336-601 $336.60 8/1012006 8/10/2006 71936 CONTRACTOR RITA DEPOSIT REFUND - DBC 001 23002 200.00 $800.00 8/1012006 CONTRACTOR RITA DEPOSIT REFUND - DBC 001 23002 600.00 8/10/2006 1 71943 IDENNIS CAROL IPROF SVCS -CC 08/01 0014030 1 44000 1 300.001 $300.00 71942 __...._.__. __ -..�_. ACMIA uAAncoV nn14070 46235 49,000.001 $49,000.00 8/10/2006 71937 UUUN I Y U1- LOS ANGELES DIAMOND BAR PETTY CASH REC SUPPLIES 0015350 41200 27.05 71938 CSI SURVEILLANCE SYSTEMS INC EQ MAINT- DBC 7/26/06 0015333 42200 715.001 $715.00 8/10/2006 8/10/2006 71939 JDAPEER ROSENBLIT & LITVAK LLP PROF SVCS - JUNE 0015230 45213 1,734.22 $1,734.22 8/10/2006 71940 DAY & NITE COPY CENTER PRINT SVCS -COM SVCS 2505310 46415 504.88 1 $504.88 8/10/2006 DIAMOND BAR PETTY CASH 71941 IDELTA CARE PMI DENTAL PREMIUMS 8/06 001 21104 326.52 $326.52 8110/2006 8/10/2006 1 71943 IDENNIS CAROL IPROF SVCS -CC 08/01 0014030 1 44000 1 300.001 $300.00 71942 DELTA DENTAL DELTA DENTAL INS PREMIUM DENTAL 8/06 COBRA PREMIUM DENTAL 8/06 001 001 21104 21104 2,562.93 232.22 $2,795.15 8/10/2006 8/10/2006 8/10/2006 1 71943 IDENNIS CAROL IPROF SVCS -CC 08/01 0014030 1 44000 1 300.001 $300.00 Page 3 71944 DIAMOND BAR PETTY CASH IS -SUPPLIES 0014070 41200 37.69 $298.39 8/10/2006 8/10/2006 DIAMOND BAR PETTY CASH REC SUPPLIES 0015350 41200 27.05 8/10/2006 DIAMOND BAR PETTY CASH DAY CAMP EXCUR PRKG 0015350 42410 10.00 8/10/2006 DIAMOND BAR PETTY CASH HR-BKGRND CK 0014060 42345 10.00 8/10/2006 DIAMOND BAR PETTY CASH DAY CAMP EXCUR PRKG 0015350 42410 10.00 8/10/2006 DIAMOND BAR PETTY CASH FEES-FPL02-03 001 23010 25.00 8/10/2006 DIAMOND BAR PETTY CASH SUPPLIES - COM SVCS 0015350 41200 13.08 8/10/2006 DIAMOND BAR PETTY CASH SUPPLIES PR COMM 0015350 41200 5.00 8/10/2006 DIAMOND BAR PETTY CASH DAY CAMP EXCUR PRKG 0015350 41200 40.00 8/10/2006 DIAMOND BAR PETTY CASH CM-MTGS 0014030 42325 16.00 8/10/2006 DIAMOND BAR PETTY CASH SUPPLIES-SFTBALL TRNMT 0015350 41200 6.44 Page 3 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/10/2006 DIAMOND BAR PETTY CASH SHUTTLES - JULY 4TH 1125350 45310 1,618.75 8/10/2006 71944... PLNG-MTGS 0015210 42325 39.94 $298.39 ... 8/10/2006 DIAMOND BAR PETTY CASH PLNG-TRAINING 0015210 42340 18.19 8/10/2006 8/10/2006 DIAMOND BAR PETTY CASH DAY CAMP EXCUR PRKG 0015350 41200 40.00 51.001 8(10/2006 1 71945 IDIAMOND BAR SENIOR CITIZENS CLUB IREIMB. CLUB INS. 12552151 44000 1 $500.00 8/10/2006 71946 DIVERSIFIED PARATRANSIT INC SHUTTLES - CONCERTS JUL 1125350 1 45310832.50 6,122.48 $2,451.25 8/10/2006 DIVERSIFIED PARATRANSIT INC SHUTTLES - JULY 4TH 1125350 45310 1,618.75 8/10/2006 1 71947 IDURHAM SCHOOL SERVICES EXCURSIONS-DYCMP 1 1125350 45310 1 6,122.48 $6,122.48 8110/2006 I 71948 (EXPRESS TEL SVCS- LONG DIST .PHONE I 0014090 I 42125 I 69.9?I 869.97 i 8/10/2006 71949 JFCIREBELS REIMB CONCRTS IN PRK 0015350 1 45305 1 51.001 $51.00 8/10/2006 71950 FLEMINS LINDA REG REFUND 001 1 34780 1 14.001 $14.00 8/10/2006 1 71951 YOLO GARCIA REC REFUND 001 1 34760 1 95.001 $95.00 8/10/2006 1 71952 IGIRL SCOUT TROOP 495 REIMB - CONCERTS 0015350 1 45300 34.00 $34.00 8/10/2006 1 71953 GOLD COAST TOURS EXCUR- REAGAN LIBR 1125350 1 45310 960.50 $960.50 8/10/2006 1 71954 GOLDEN BRIDGE TECHNOLOGY INC OVRPMT - BUS. REG 001 1 34560 10.001 $10.00 8/10/2006 1 71955 GRAND MOBIL CS - VEH MAINT 0015310 1 42200 274.251 $274.25 8/10/2006 1 71956 GRAPHICS UNITED PRTG REC GUIDE 0015333 42110 2,518.031518.03 8/10/2006 1 71957 GROSSEIBL ANGELINA RECREATION REFUND 001 34730 15.001 $15.00 8/10/2006 1 71958 HADIWINATA SUS( I DEPOSIT REFUND 001 23002 50.001 $50.00 8/10/2006 1 71959 JHEWLETT PACKARD COMPANY ICOMP EO -SERVERS 0014070 46230 11,254.84 $11,254.84 8/10/2006 1 71960 JHEWLETT PACKARD COMPANY IS -SERVER REPLACEMNT 1 0014070 46230 1 30,211.75 $30,211.75 Page 4 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name HIRSCH & ASSOCIATES INC. Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/10/2006 71961 SYC CYN -PHASE III IMP 2505310 R46415 323.35 $323.35 8/10/2006 71962 NICOLE DBC - CLEANUP 001 36615 -28.00 $472.00 8/10/2006 1 IHOGE HOGE NICOLE DEPOSIT REFUND 001 23002 500.00 8/10/2006 1 71963 INLAND VALLEY DAILY BULLETIN LEGAL AD FPL 2006-202 1 001 23010 1 204.00 77�$204.00 8/10/2006 71964 KELLY JARBOE EC REFUND 001 34720 84.00 $224.00 8/10/2006 KELLY JARBOE FRECREFUND 001 34730 140.00 8/10/2006 1 71965 IROSEMARIE JAYNES DEPOSIT REFUND 001 1 23002 1 350.001 $350.00 8/10/2006 ICARLOS CARLOS LOPEZ DBC -CLEANUP 001 36615 -28.00 8/10/2006 1 71966 ICHRISTIAN KANGINAN DEPOSIT REFUND 001 1 23002 1 70.00 $70.00 8/10/2006 MACADEE ELECTRICAL CONSTRUCTION TS - DBB/NB 57 FWY 2505510 R46412 4,590.00 8/10/2006 1 71967 IKENS HARDWARE RD MAINT. SUPPLIES 0015554 41250 1 3.341 $3.34 8/10/2006 1 71968 IKY KUGLER JUMPIRE SB TOURNAMENT 1 0015350 1 45300 1 50.001 $50.00 8/10/2006 1 71969 IDORA LONYAI CONTRACT CLASS INSTRUCTOR 0015350 1 45320 1 388.801 $388.80 8/10/2006 71970 LOPEZ DEPOSIT REFUND -DBC 001 23002 500.00 $472.00 8/10/2006 ICARLOS CARLOS LOPEZ DBC -CLEANUP 001 36615 -28.00 8/10/2006 1 71971 ILOS ANGELES UNIFIED SCHOOL DISTRICT ITESTING - BILINGUAL 1 0014060 44000 1 150.00 $150.00 8/10/2006 71972 MACADEE ELECTRICAL CONSTRUCTION TS - PTHFNDR/PCFLHLLS 2505510 R46412 6,467.90 $43,595.42 8/10/2006 MACADEE ELECTRICAL CONSTRUCTION TS - DBB/MPLHILL 2505510 R46412 22,839.21 8/10/2006 71974 MACADEE ELECTRICAL CONSTRUCTION TS - DBB/SSXNG 2505510 R46412 247.50 $136.68 8/10/2006 MACADEE ELECTRICAL CONSTRUCTION TS - DBB/NB 57 FWY 2505510 R46412 4,590.00 8/10/2006 71975 MACADEE ELECTRICAL CONSTRUCTION ITS - DBB/COLD SPG 2505510 R46412 9,450.811 1 8/10/2006 1 71973 IJOHN MAEDER IRECREATION REFUND 001 1 34740 1 20.001 $20.00 8/10/2006 1 71974 IMANAGED HEALTH NETWORK EAP PREMIUMS 001 1 21115 1 136.68 $136.68 8/10/2006 1 71975 IKAREN MAY CONTRACT CLASS INSTRUCTOR 1 0015350 1 45320 1 252.001 $252.00 Page 5 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount ITotal Check Amount 8110/2006 71976 MCE CORPORATION VEG CONTROL - JUNE 0015558 45508 6,929.70 $6,929.70 8/10/2006 71977 ISURENDRA MEHTA CONTRACT CLASS INSTRUCTOR 1 0015350 1 45320 1 108.001 $108.00 8/10/2006 MUNI FINANCIAL PROF SVCS - LIBRARY DIST 0014030 44000 8,855.00 8/10/2006 71978 KIM MELROSE CONTRACT CLASS INSTRUCTOR 0015350 45320 1,104.00 $1,104.00 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 240.09 8/10/2006 1 71979 JELSA MERCADO IDEPOSIT REFUND 001 1 23002 1 50.00 $50.00 8/10/2006 71980 MUNI FINANCIAL PROF SVCS -LIBRARY DIST 0014030 44000 2,870.00 $11,725.00 8/10/2006 MUNI FINANCIAL PROF SVCS - LIBRARY DIST 0014030 44000 8,855.00 8/10/2006 71981 IMARiAMUNOZ IRECREATION REFUND I 001 I 3478- I 115.nn� $115_o0I 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES - DBC 0015333 41200 64.44 8/10/2006 71982 ROGER J MYER RECREATION REFUND 1 001 34730 35.00 $35.00 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 240.09 8/10/2006 71983 NATIONAL BUSINESS FURNITURE INCORP OFFICE EQ -SR ENG 1 0015510 46220 575.87$575.87 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 148.65 8/10/2006 71984 NRS INC. FURNITURE-PLNG 0015210 46220 471.97 $471.97 8/10/2006 71985 OFFICEMAX CONTRACT INC SUPPLIES - DBC 0015333 41200 169.76 $1,758.36 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES - DBC 0015333 41200 64.44 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES - HR 0014060 41200 17.35 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 240.09 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 31.15 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 148.65 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 315.01 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -DB CENTER 0015333 41200 134.44 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -DB CENTER 0015333 41200 145.00 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -DB CENTER 0015333 41200 4.01 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -DB CENTER 0015333 41200 62.99 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -DB CENTER 0015333 41200 71.26 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -COM SVCS 0015350 41200 -9.48 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -COM SVCS 0015350 41200 173.52 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -PUBLIC WKS 0015510 41200 42.19 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -PUBLIC INFO 0015510 41200 89.74 8/10/2006 OFFICEMAX CONTRACT INC SUPPLIES -COM SVCS 1 0015333 41200 1 58.24 Page 6 City of Diamond Bar - Check Register 08/10/06-09/13/06 8/10/2006 71987 ORKIN PEST CONTROL INC PEST CNTRL-SYC CYN 0015340 42210 55.00 $185.00 Check Date Check Number Vendor Name PEST CNTRL-PNTRA Transaction Description 42210 Fund/ Dept Acct # Amount Total Check Amount ORKIN PEST CONTROL INC PEST CNTRL-BCR 1385538 42210 55.00 $500.00 8/10/2006 $138.92 8/10/2006 1 71986 ORIENTAL TRADING COMPANY INC ISUPPLIES - DAY CAMP 0015350 1 41200 1 138.92 8/10/2006 71987 ORKIN PEST CONTROL INC PEST CNTRL-SYC CYN 0015340 42210 55.00 $185.00 8/10/2006 ORKIN PEST CONTROL INC PEST CNTRL-PNTRA 0015340 42210 75.00 8/10/2006 71991 ORKIN PEST CONTROL INC PEST CNTRL-BCR 1385538 42210 55.00 $500.00 8/10/2006 1 71988 1 PASQUALETTO GASPAR IREC REFUND 1 001 1 34720 1 10.001 $10.00 8/10/200671989 71990 PERS RETIREMENT FUND RETIRE CONTR-ER 001 21109 -12,525.18 $0.00 8/10/2006 PERS RETIREMENT FUND 1Dr:QQ RETIRE CONTRIB-EE �-Q 001 21109 -7,933.81 kiln/2.06 71991 PFTIPCRAFNT FI W.. IP\/1\/nP RFNFFIT - [-1(-11 21109 -43.71 $500.00 8/10/2006 PERS RETIREMENT FUND RETIRE CONTR-ER 001 21109 12,525.18 8/10/2006 71992 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 7,933.81 8/10/2006 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 43.71 8/10/2006 1 71990 1 PERVO PAINT CO RD MAINT SUPPLIES 0015554 1 41250 1 2,392.33 $2,392.33 8/10/2006 REPUBLIC ELECTRIC TR SGNL MAINT 0015554 45507 950.08 8/10/2006 1 71991 VIVIAN RADFORD PARK DEP REFUND 001 1 23002 1 500.00 $500.00 8/10/2006 REPUBLIC ELECTRIC INSTLN-AUDIBLE SGNLS 0015554 45507 5,484.00 8/10/2006 1 71992 SHARON RAY UMPIRE SB TOURNAMENT 0015350 1 45300 1 100.00$100.00 8/10/2006 REPUBLIC ELECTRIC TR SGNL MAINT - MAY 0015554 45507 3,108.00 8/10/2006 1 71993 EDITH REGINALDO DEPOSIT REFUND 001 1 23002 1 50.00 $50.00 8/10/2006 71994 REPUBLIC ELECTRIC TR SGNL MAINT 0015554 45507 2,689.66 $22,402.94 8/10/2006 REPUBLIC ELECTRIC TR SGNL MAINT 0015554 45507 950.08 8/10/2006 71996 REPUBLIC ELECTRIC TR SGNL - SURVEYING 0015554 45507 937.60 8/10/2006 REPUBLIC ELECTRIC INSTLN-AUDIBLE SGNLS 0015554 45507 5,484.00 8/10/2006 REPUBLIC ELECTRIC INSTLN-AUDIBLE SIGNLS 0015554 45507 2,070.00 8/10/2006 REPUBLIC ELECTRIC TR SGNL MAINT - MAY 0015554 45507 3,108.00 8/10/2006 REPUBLIC ELECTRIC TR SGNL MAINT - MAY 0015554 45507 5,664.54 8/10/2006 IREPUBLIC ELECTRIC MAINT- ACCIDENT DMGE 1 0015554 45507 1 1,499.06 8/10/2006 1 71995 HEA RHEE DEPOSIT REFUND 001 1 23002 1 50.00 $50.00 8/10/2006 1 71996 RICE DEBORAH REC REFUND 001 1 34780 1 60.00$60.00 Page 7 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/10/2006 71997 KARLA RODRIGUEZ DEPOSIT REFUND 001 1 23002 1 100.00 $100.00 8/10/2006 71998 SCHORR METALS INC REFUND-ENCRMNT PERMIT 001 34630 100.00 $125.00 8/10/2006 1 ISAMIRUSTOM SAMI RUSTOM REFUND PERMIT ISSUANCE 001 34620 25.00 1 8/10/2006 1 71999 SCHORR METALS INC BENCH RPR - DIST #39 1 1395539 1 42210 1 49.741 $49.74 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS. LLAD# 38 1385538 42126 339.17 8/10/2006 1 72000 IJENNY SHINJO DEPOSIT REFUND 1 001 1 23002 1 50.001 $50.00 8/1012006 SOUTHERN CALIFORNIA EDISON ELECT SVS -PARKS 0015340 42126 4,154.89 8/10/2006 1 72001 SINNEN CAROLYN REC REFUND 1 001 1 34720 1 22.00 $22.00 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#41 1415541 42126 176.81 ' 8/110/2006 I 72002 �$ivirlRT &FINAL ci�BDi i�e_nevrer,AD L.�. nniFarn 4i2nn 267.04 -- $267.04 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#39 1395539 42126 279.36 8/10/2006 1 72003 SO COAST AIR QUALITY MGT DISTRICT LEASE CITY HALL 8/06 0014090 42140 1 21,204.75 $21,204.75' 8/10/2006 72004 SOUTHERN CALIFORNIA EDISON ELECT SVCS. LLAD# 38 1385538 42126 26A0 $0.00 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS. LLAD# 38 1385538 42126 339.17 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS. LLAD# 41 1415541 42126 176.81 8/1012006 SOUTHERN CALIFORNIA EDISON ELECT SVS -PARKS 0015340 42126 4,154.89 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#38 1385538 42126 365.21 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#41 1415541 42126 176.81 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS -TR CNTRL 0015510 42126 186.73 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#39 1395539 42126 279.36 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS. LLAD# 38 1385538 42126 -26.40 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS. LLAD# 38 1385538 42126 -339.17 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS. LLAD# 41 1415541 42126 -176.81 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS -TR CNTRL 0015510 42126 -186.73 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#39 1395539 42126 -279.36 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS -PARKS 0015340 42126 -4,154.89 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#38 1385538 42126 -365.21 8/10/2006 SOUTHERN CALIFORNIA EDISON ELECT SVS-LLAD#41 1415541 1 42126 1 -176.81 8/10/2006 72005 STITCHES UNIFORMS & EMBROIDERY RD MAINT - UNIFORMS 0015554 41250 107.79 $3,109.86 8/10/2006 STITCHES UNIFORMS & EMBROIDERY REC STAFF - UNIFORMS 0015350 41200 2,402.07 8/10/2006 STITCHES UNIFORMS & EMBROIDERY REC STAFF - UNIFORMS 0015350 41200 600.00 Page 8 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/10/2006 72006 ISULLY MILLER CONTRACTING CO RET - WALNUT REHAB 2505510 1 46411 0,382.921 $10,382.92 8/10/2006 72007 IPETER SUN REC REFUND 1 001 34780 14.001 $14.00 8/10/2006 72008 SUNGARD PENTAMATION TRNG - FA SYSTEM 1185098 46235 600.00 $600.00 8110/2006 72009 THE KOREA TIMES INC AD - LIB DIST ELECT 0014030 42390 -820.00 $0.00 8/10/2006 72014 THE KOREA TIMES INC AD - LIB DIST ELECT 0014030 42390 820.00 $168.87 8/10/2006 72010 ITOSHIBA BUSINESS SOLUTIONS MAINT. COPIER 6/06-8/06 0014090 42100 59.18 $59.18 nnn 4212.^. 2R 71 %2821 8/10/2006 I 72011 (UNITED PARCEL SERVICE (POSTAlit-PLANS & SPECS uvl4vov I 1 - 8/10/2006 72012 UNITED SITE SERVICES OF CALIFORNIA EQ RNTL CONCERT 7/19 0015350 1 42130 454.13 $908.26 8/10/2006 72014 JUNITED SITE SERVICES OF CALIFORNIA IEQ RNTL- CONCERT 07/26 0015350 42130 454.13 $168.87 8/10/2006 72013 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPL SCREENING 0014060 42345 220.00 $220.00 8/10/2006 72014 IVALLEYTROPHY REC-SUPPLIES 0015350 1 41200 168.87 $168.87 8/10/2006 72015 VANTAGEPOINT TRNSFR AGNTS-303248 PAYROLL DED - PP16 001 21108-27,570.71 42.941 $0.00 8/10/2006 72017 VANTAGEPOINT TRNSFR AGNTS-303248 PAYROLL DED - PP16 001 21108 27,570.71 $75.00 8/10/2006 72016 IVERIZON CALIFORNIA IPH SVS - HERITAGE PK 1 0015340 1 42125 1 42.941 $42.94 8/10/2006 72017 IWALKER FRED JUMPIRE SB TOURNAMENT 10015350 45300 75.00 $75.00 8/10/2006 72018 IWALNUT HILLS FIRE PROTECTION CO 1EXTINGUISHER SVS DBC 0015333 42210 82.70 $82.70 8/10/2006 72019 WARREN SIECKE TS - PTHFNDR/PCFLHLLS 2505510 R46412 329.80 $5,825.50 8/10/2006 WARREN SIECKE TS - DBB/MPLHLL 2505510 R46412 329.80 8/10/2006 WARREN SIECKE TS - DBB/SSXNG 2505510 R46412 329.80 8/10/2006 WARREN SIECKE TS DES-DBB/SHDWCYN 2505510 46412 533.34 8/10/2006 WARREN SIECKE TS DES-DBB/HLND VLY 2505510 46412 533.34 8/10/2006 WARREN SIECKE TS DES-GSPGS/PRSPCTRS 2505510 46412 533.32 8/10/2006 WARREN SIECKE TS - DBB/NB57 2505510 R46412 329.80 8/10/2006 WARREN SIECKE ITS - DBB/COLD SPG 2505510 1 R46412 329.80 Page 9 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/10/2006 8/10/2006 72019... WARREN SIECKE ENGR SVCS - MAY WARREN SIECKE ENGR - PVITS 0015554 44520 2,018.00 0015554 44520 558.50 $5,825.50 ... 8/10/2006 72020 WEST COAST MEDIA AD SUNDAY@ THE CTR 0014095 42115 475.00 $475.00 8/14/2006 PERS RETIREMENT FUND RETIREMNT - EE 001 21109 7,933.81 8/10/2006 1 72021 PAUL WRIGHT AV SVCS - 08/04/06 0014090 1 44000 1 210.00 $210.00 8/10/2006 1 72022 ISAM WRIGHT IDEPOSIT REFUND 1 001 1 23002 1 50.00 $50.00 8/10/2006 72023 CASSANDRA YEP DEPOSIT REFUND 001 23002 50.00 $50.00 a„� I w /,Lvov I l �1 7 2024 I YO 3 EIV.I T E AAT ER 'SUPPLIES -S Y C CYN PARK I VV 153 I V I 4 12UU I G6. 1 V' yL $26.10 8/10/2006 72025 IYOUNG ENGINEERS AND CONTRACTORS OVRPMT- BUSINESS REG 1 001 1 34560 1 10.00 $10.00 8/10/2006 1 72026 JUNE ZENG DEPOSIT REFUND 1 001 1 23002 1 50.00 $50.00 8/10/2006 1 72027 ZUMAR INDUSTRIES INC RD MAINT- SUPPLIES 1 0015554 1 41250 1 863.53 $863.53 8/14/2006 72028 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 43.71 $20,502.70 8/14/2006 PERS RETIREMENT FUND RETIREMNT - EE 001 21109 7,933.81 8/14/2006 72032 PERS RETIREMENT FUND RETIREMNT - ER 001 21109 12,525.18 $95.00 8/14/2006 1 72029 VANTAGEPOINT TRNSFR AGNTS-303248 IPAYROL DED -PP 16/06 1 001 1 21108 1 27,570.711 $27,570.71 8/16/2006 72030 CONTRACT LAW FUND CCCA MTG-DESTEFANO/DOYLE 0014030 42325 30.00 $435.00 8/16/2006 CONTRACT LAW FUND CCCA MTG-V/PATROL 0014415 42325 255.00 8/16/2006 72032 CONTRACT LAW FUND CCCA MTG-STAFF 0014415 42325 150.00 $95.00 8/17/2006 72031 ADVANTEC CONSULTING ENGINEERS INC TRAFFIC SIGNAL-JUL 06 1 0015510 1 44000 1 5,411.60 $5,411.60 8/17/2006 JARAMARK WORK APPAREL & UNIFORM SVCS UNIFORMS-P/WORKS 0015554 1 42130 6.50 8/17/2006 72032 ISANA AHMAD PK REFUND -DBC 1 001 1 23002 1 95.00 $95.00 8/17/2006 1 72033 AMERICAN PUBLIC WORKS ASN MTG SUPPLIES-P/WKS 1 0015551 1 42330 1 150.00 $150.00 8/17/2006 72034 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORMS -PARKS 0015310 1 42130 20.25 $53.50 8/17/2006 JARAMARK WORK APPAREL & UNIFORM SVCS UNIFORMS-P/WORKS 0015554 1 42130 6.50 Page 10 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name JARAMARK WORK APPAREL & UNIFORM SVCS ARAMARK WORK APPAREL & UNIFORM SVCS Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/17/2006 8/17/2006 72034... UNIFORMS -PARKS UNIFORMS-P/WORKS 0015310 0015554 42130 42130 20.25 6.50 $53.50 ... 8/17/2006 72035 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-522 001 23012 1,135.00 $1,135.00 8/17/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-522 001 23012 204.30 8117/2006 72037 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-522 001 34650 -204.30 $93.80 8/17/2006 1 72036 AWESOME EVENTS SUPPLIES -RECREATION 1 0015350 1 41200 1 350.001 $350.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-217 001 23010 90.00 8/17/2006 1 72037 IBENESYST IFLEX ADMIN SVCS 1 0014060 1 42346 1 93.80 $93.80 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-168 001 23010 90.00 8/1712006 72038 (BILL KUbb PKUUUU I IONS (AWARENESS PROG-REC 1 0015350 1 45300 1 650.001 $650.00 1 8/17/2006 ID & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-167 001 23010 1 90.00 8/17/2006 1 72039 JBNI BUILDING NEWS PUBLICATIONS-PAVORKS 1 0015510 1 42320 1 83.37 $83.37 8/17/2006 1 72040 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 1 001 1 23010 1 1,807.43 $1,807.43 8/17/2006 1 72041 SHAHEEN BOSLEY JPK REFUND -HERITAGE 1 001 1 23002 1 200.001 $200.00 8/17/2006 1 72042 IBOULEVARD BAGELS MTG SUPPLIES-PLNG 0015210 1 42325 1 37.20 $37.20 8/17/2006 1 72043 ICATALINA BALLAST BULB COMPANY SUPPLIES -COMM SVCS 1 0015340 1 42210 1 105.711 $105.71 8117!2006 1 72044 ICENTER ICE SKATING ARENACONTRACT CLASS -SUMMER 0015350 1 45320 1 87.001 $87.00 8/17/2006 1 72045 CHARTER OAK GYMNASTICS, INC. CONTRACT CLASS -SUMMER 0015350 1 45320 1 754,801 $754.80 8/17/2006 1 72046 ICOMLOCK SECURITY GROUP SUPPLIES -DBC 1 0015333 1 42210 1 118.961 $118.96 8/17/2006 1 72047 COMPUCOM ANNL MAINT-I.T. 1 0014070 1 42205 1 11,329.17 $11,329.17 8/17/2006 72048 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-191 001 23010 90.00 $5,220.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-217 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-170 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-168 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-169 001 23010 90.00 8/17/2006 ID & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-167 001 23010 1 90.00 Page 11 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-166 Fund/ Dept Acct # Amount Total Check Amount 8/17/2006 72048... 001 23010 90.00 $5,220.00 ... 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-165 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-163 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-161 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-160 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-158 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-207 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-147 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-154 001 23010 90.00 8/17/2006D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-152 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PR(1F _CV(C-FPI 7nna-1rn nn nn 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-135 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-134 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-132 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-133 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-162 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-164 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-103 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-214 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-214 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-2157 B/CYN RD 0015210 44000 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-1748 FLINT ROCK 0015210 44000 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-218 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-216 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-215 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-214 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-213 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-212 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-209 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-208 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-205 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-203 001 23010 90.00 8/1 712 0 06 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-202 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-201 001 23010 90.00 8/1712006 ID & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-198 1 001 23010 90.00 Page 12 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept PROF.SVCS-FPL 2006-197 001 Acct # Amount Total Check Amount 8/17i2006 72048... D & J MUNICIPAL SERVICES INC 23010 90.00 $5,220.00 ... 8/17/2006 100.00 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-195 001 23010 90.00 PROF.SVCS-PLN 8/8 8/17/2006 44000 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-194 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-193 001 23010 90.00 72053 8/17/2006 CONTRACT CLASS SUMMER D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-192 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-190 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-189 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-188 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-187 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-186 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-185 nnl �zn�n on nn 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-200 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-196 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-206 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-204 001 23010 90.00 8/17/2006 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-210 001 23010 90.00 8/17/2006 1 ID & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-191 001 23010 90.00 8/17/2006 72049 CAROL PROF.SVCS-P & R COMM 0015310 44000 225.00 $475.00 8/17/2006 JENVIRONMENTAL. [DENNIS NNIS CAROL PROF.SVCS-PLN 7111 0015210 44000 100.00 8/17/2006 72052 NNIS CAROL PROF.SVCS-PLN 8/8 0015210 44000 150.00 $416.07 8/17/2006 72050 DEPARTMENT OF JUSTICEPRE-EMPLOYMENT FINGERPRNT 0014060 42345 146.00 $242.00 8/17/2006 JENVIRONMENTAL. DEPARTMENT OF JUSTICE PRE-EMPLOYMENT FINGERPRNT 0014060 42345 96.00 8/17/2006 1 72051 IDIAMOND BARIWALNUT YMCA CDBG PROG-DAY CAMP JUL 1 1255215 1 42355 1 2,772.001 $2,772.00 8/17/2006 JENVIRONMENTAL. IMPACT SCIENCES IPROF.SVCS-FPL 2002-63 001 23010 3,256.91 8/17/2006 1 72052 IDOGGIE WALK BAGS INC SUPPLIES -PARKS 1 0015310 1 41200 1 -416.071 $416.07 8/17/2006 72053 EDUCATION TO GO CONTRACT CLASS SUMMER 1 0015350 1 45320 1 208.001 $208.00 8/17/2006 72054 ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2002-63 001 23010 2,211.28 $5,468.19 8/17/2006 JENVIRONMENTAL. IMPACT SCIENCES IPROF.SVCS-FPL 2002-63 001 23010 3,256.91 8/17/2006 72055 EVANGELICAL FR CHURCH OF DB PK REFUND-PANTERA 001 23002 200.00 $200.00 Page 13 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 8/17/2006 8/17/2006 72056 1EXCELLANDSCAPE EXCEL LANDSCAPE (LANDSCAPE MAINT-JUL LANDSCAPE MAINT-DIST 41 1385538 1415541 72058 45500 45500 Amount Total Check Amount 3,216.34 455.40 $3,671.74 8/17/2006 1 72057 1EXPRESS MAIL CORPORATE ACCOUNT 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 250.00 450.00 600.00 112.50 -112.50 150.00 -150.00 900.00 14.401 $14.40 8/17/2006 1 72058 JALMA FAVELA PK REFUND -HERITAGE 1 001 1 23002 1 977.501 FINESSE PERSONNEL/WC BARLOW 50.001 $50.00 8/17/2006 8/17/2006 72059 FINESSE PERSONNEL/WC BARLOW FINESSE PERSONNELNVC BARLOW TEMP SVCS -WK 7128 TEMP SVCS -WK 7/14 0015510 0015510 44000 250.00 450.00 600.00 112.50 -112.50 150.00 -150.00 900.00 8/17/2006 $45.00 FINESSE PERSONNEL/WC BARLOW TEMP SVCS -WK 7/21 0015510 44000 44000 877.50 900.00 8/17/2006 977.501 FINESSE PERSONNEL/WC BARLOW TEMP SVCS -WK 8/14 0014030 44000 540.00 8/17/2006 i INLAND VALLEY DAILY BULLETIN MkMeeC DcDv^v,.'NELiv _ Bi-� —.1 I' ' ''"" ' I EMP SVCS -WK 8/5 I 0015510 I 44000 I 190.00 $3,407.50 8/17/2006 I 72060 IGRAPHICS UNITED PRINT SVCS-REC GUIDE 001409E 1 44000a $8,196.001 U IAV VV 8/17/2006 8/17/2006 8/17/2006 8/17/2006 8/17/2006 8/17/2006 8/17/2006 72061 IHALL HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL & FOREMAN, INC. & FOREMAN, INC. PROF -SVCS -PLAN CHECK PROF.SVCS-EN 05-476 PROF.SVCS-EN 05-476 ADMIN FEE -EN 05-476 ADMIN FEE -EN 05-476 ADMIN FEE -EN 05-476 ADMIN FEE -EN 05-476 0015551 001 001 001 001 001 001 45223 23012 23012 23012 34650 23012 34650 250.00 450.00 600.00 112.50 -112.50 150.00 -150.00 8 /1 712 0 06 $1,300.00 8117/2006 72062 LEW HERNDON P & R COMM -7/27 1 0015350 1 44100 1 834.00 8 /1 712 0 06 45.00 $45.00 8/17/2006 72063 JHIRSCH PIPE AND SUPPLY INC MAINT-PARKS 1 0015310 1 41300 1 977.501 LEGAL AD -FPL 2006-218 $977.50 8/17/2006 72064 INLAND VALLEY DAILY BULLETIN AD -LIBRARY BOND 0014030 42390 834.00 8 /1 712 0 06 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2002-63 001 23010 195.60 8/17/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-218 001 23010 193.20 8/1712006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2002-63 001 23010 193.20 8/17/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2005-169 001 23010 114.80 8/17/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-214 001 23010 114.80 8/17/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD-PLNG 0015210 42115 114.80 $1,760.40 8/17/2006 I 72065 MOHAMAD R JAHANVASH ICONTRACT CLASS -SUMMER 0015350 1 45320 1 108.001— $108.00 Page 14 Check Date I Check City of Diamond Bar - Check Register 08/10/06-09/13/06 venaor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/17/2006 8/17/2006 72066 KENS HARDWARE KENS HARDWARE SUPPLIES -PARKS 0015340 100.00 42210 302.83 $431.35 8/17/2006 0015350 1 45320 SUPPLIES -DBC 0015333 41200 54.66 REFUND -TEMP SIGN 001 34430 KENS HARDWARE SUPPLIES -GENERAL 0014090 41200 73.86 001 8/17/2006 72067 ILESLIE KERR PK REFUND -DBC 001 1 23002 100.00 $100.00 8/17/2006 72068 KIDZ LOVE SOCCER CONTRACT CLASS -SUMMER 0015350 1 45320 3,640.00 $3,640.00 8/17/2006 72069 JEAN KIM REFUND -TEMP SIGN 001 34430 100.00 $0.00 8/17/2006 JEAN KIM PK REFUND-PANTERA 001 23002 200.00 8/17/2006 JEAN KIM REFI INI)_TFMP c_". 8/17/2006 I (JEAN KIM I PK REFUND-PANTERA I I I 001 23'0+3U 23002 _200 0U -2nonnl 8/17/2006 72071 IBENNY LIANG P & R COMM -7/27 1 0015350 44100 45.001 $45.00 8/17/2006 72072 JEUNICE LOPEZ 8/17/2006 72073 JALICE E LYONS 8/17/2006 1 72074 IMARIA MENDEZ 8/17/2006 I 72075 8/17/2006 8/17/2006 I 72076 IMOBILE INDUSTRIAL SUPPLY INCORP 8/17/2006 72077 INATIONAL BUSINESS FURNITURE INCORP IPK REFUND -DBC BALLOONS -RECREATION PK REFUND-REAGAN SCMAF-TRACK MEET SCMAF-TRACK MEET EQ RENTAL -DBC EQ-P/WORKS 001 1 23002 $350.00 0015350 I 41200 1 140.731 $140.73 001 1 23002 1 50.00 0015350 -230.00 0015350 I 453 45300 00 I 230.001 $0.00 0015350 I 42130 I 48.001 $48.00 0015510 46220 575.871 $575.87 8/17/2006 1 72078 INEXTEL COMMUNICATIONS JAIRTIME CHRGS-P/W,C/S,C/D 1 0014090 1 42130 519.45 $519.45 8/17/2006 72079 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 7/21 0015210 44000 8/17/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 8/4 0015510 44000 8/17/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -7/27 0015510 44000 Page 15 158.88 $1,221.39 810.95 92.68 Page 16 City of Diamond Bar - Check Register 08/10/06-09/13/06 Transaction Description Total Check Amount Check Date Check Number Vendor Name Fund/ Dept Acct # Amount 8/17/2006 72079... OLYMPIC STAFFING SERVICES TEMP SVCS7/27 $1,221.39... 0015210 44000 1 158.88 8/17/2006 72080 ORANGE COAST FENCING ICONTRACT CLASS -SUMMER $144.00 0015350 45320 144.00 8/17/2006 72081 ITED OWENS P & R COMM -7/27 $45.00 0015350 44100 45.00 8/17/2006 8!17/2006 72082 RICHARD PEREZ RICHARD PEREZ PK REFUND -DBC PK REFUND -DBC $900.00 001 001 23002 36615 800.00 100.00 8/17/2006 72083 YOLANDA PIEL PK REFUND-PANTERA $200.00 001 23002 200.00 8/17/2006 72084 IPRED PRYOR SEMINARSlCAREERTRACKTRNG o � V J IVIF1RllU CL 8i3 1 �1g9.00 nnu9lnA09A iay.vu 8/17/2006 72085 PYRO SPECTACULARS INC FIREWORKS4TH OF JULY $11,000.00 0015350 45300 11,000.00 8/17/2006 72086 IR & D BLUEPRINT PRINT SVCS-PLNG $20.00 0015210 44220 20.00 8/17/2006 72087 IRALPHS GROCERY/FOOD 4 LESS SUPPLIES -CONCERTS $28.70 0015350 41200 29.70 8/17/2006 72088 REAGAN'S COUNTRY CAFE' EXCURSION -DAY CAMP $652.50 0015350 45310 652.501 8/17/2006 72089 IRONALD REAGAN PRESIDENTIAL LIBRARY EXCURSION -DAY CAMP $644.00 0015350 45310 644.00 8/17/2006 72090 ROTO ROOTER PLUMBERS MAINT-SYC CYN PK $149.65 0015340 42210 —149.651 8/17/2006 1 72091 IRUTH M. LOW P & R COMM -7/27 $45.00 0015350 44100 45.00 8/17/2006 1 72092 IFRANCIS SABADO CONTRACT CLASS -SUMMER $1,116.00 I 0015350 45320 1,116.00 8/17/2006 1 72093 ISAN GABRIEL VALLEY TRIBUNE AD -PUBLIC HEARING $1,077.54 0014030 42390 1,077.54 8/17/2006 1 72094 JELBA SANCHEZ PK REFUND -DBC $100.00 001 23002 100.00 8/17/2006 8/17/2006 8/17/2006 8/17/2006 72095 SASAKI TRANSPORTATION SVCS. SASAKI TRANSPORTATION SVCS. SASAKI TRANSPORTATION SVCS. SASAKI TRANSPORTATION SVCS. PROF -SVCS -EN 06-514 ADMIN FEE -EN 06-514 ADMIN FEE -EN 06-514 PROF.SVCS-EN 06-513 $2,651.75 001 001 0 1 0001 23012 23012 34650 23012 1,448.00 260.64 -260.64 1203 75 Page 16 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 42126 Acct # 23012 34650 Amount 216.68 -216.68 Total Check Amount 8/17/2006 8/17/2006 72095,,, SASAKI TRANSPORTATION SVCS. SASAKI TRANSPORTATION SVCS. ADMiN FEE -EN 06-513 ADMIN FEE -EN 06-513 42126 001 001 $2,651.75 ... 8/17/2006 72096 ISKYHAWKS SPORTS ACDEMY CONTRACT CLASS -SUMMER 0015350 45320 2 19� nn A� to2 nn 8/17/2006 72097 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON vl�l vlll GIJIJVIV ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS-P/WORKS 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 8/17/2006 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015510 42126 694.25 $16,780.30 0015510 42126 49.14 $550.00 0015510 42126 27.54 CONTRACT CLASS -SUMMER 0015510 42126 18.37 $5,215.70 0015510 42126 25.12 EQ RENTAL-SUM"PK EQ RENTAL-JUL/AUG 06 0015510 42126 36.79 $684.12 0015510 42126 42.94 PRE-EMPLOYMENT PHYSICALS 0015510 42126 42.22 $120.00 0015510 42126 36.79 SUPPLIES -RECREATION 0015510 42126 60.95 R4An aR 0015510 42126 166.83 1385538 42126 12.02 0015333 42126 10,392.32 1415541 42126 12.02 1385538 42126 26.04 1385538 42126 339.17 1395539 42126 279.36 0015510 42126 186.73 1415541 42126 176.81 0015340 42126 4,154.89 8/17/2006 I 72098 IJASON TANAKA PK REFUND -DBC 001 23002 6sn nn $550.00 8/17/2006 72099 ITENNIS ANYONE CONTRACT CLASS -SUMMER 0015350 45320 5,215.70 $5,215.70 8/17/2006 8/17/2006 72100 UNITED SITE SERVICES OF CA INC UNITED SITE SERVICES OF CA INC EQ RENTAL-SUM"PK EQ RENTAL-JUL/AUG 06 0015340 0015340 42130 42130 391.89 292.23 $684.12 8/17/2006 72101 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS 0014060 42345 120.001 $120.00 8/17/2006 72102 VALLEY TROPHY SUPPLIES -RECREATION 0015350 41200 990.48 R4An aR Page 17 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 8/17/2006 I 72103 IDARRYL VILLAMATER PK REFUND-REAGAN 001 23002 5o.001 $50.00 8/17/2006 8/17/2006 72104 VIS MAINT-DBC 0015333 42210 155.00 3 $310.00 VIS MAINT-HERITAGE 0015340 42210 155.00 8/17/2006 72105 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JUUAUG 0015350 42140 8/17/2006 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JUUAUG 1,900.00 $4,180.00 0015350 42140 2,280.00 8/17/2006 72106 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 8/17/2006 WALNUT VALLEY WATER DISTRICT 0015340 42126 18,284.84 $49,484.15 8/1712006 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 17,821.47 WATER SVCS -DIST 39 1109910 ��aoa 8/17120o6 (WALNUT VALLEY WATER DISTRICT (WATER SVCS -DIST 41 I I I ....... , i 67.40 I 1415541 42126 8 21044 8/17/2006 72107 WELLS FARGO BANK MEMBERSHIP DUES-ICSC 0014010 42315 100.00 8/17/2006 WELLS FARGO BANK IICSC CONF-COUNCIL I 0014010 42330 $360.00 260.00 8/17/2006 72108 SAM WRIGHT PK REFUND -HERITAGE 001 23002 200.00 $200.00 8/17/2006 72109 ROBERT YAMAOKA PK REFUND -HERITAGE 001 23002 200.00 $200.00 8/17/2006 72110 ANTONIO YAPHOCKUN JPK REFUND HERITAGE 001 23002 200.00 $200.00 8/17/2006 72111 YOSEMITE WATER EQ RENTAL-SYC CYN PK 0015310 42130 13.25 $13.25 8/17/2006 72112 CENTRAL SUPPLY/LOGISTICS PRINT SVCS -BUS CARDS 0014095 42110 8/17/2006 CENTRAL SUPPLY/LOGISTICS PRINT SVCS -BUS CARDS 001 140.76 $0.00 25500 -140.76 8/17/2006 72113 CIVIC SOLUTIONS INC CONSULTANT SVCS -JUN 0015210 44000 8/17/2006 CIVIC SOLUTIONS INC CONSULTANT SVCS 1,092.50 $9,262.50 8/17/2006 CIVIC SOLUTIONS INC -JUN CONSULTANT SVCS 0015210 44000 498.75 8/17/2006 CIVIC SOLUTIONS INC -JUN CONSULTANT SVCS 0015210 44000 95.00 8/17/2006 CIVIC SOLUTIONS INC -JUN CONSULTANT SVCS 0015210 44000 95.00 8/1712006 CIVIC SOLUTIONS INC -JUN 0015210 44000 237.50 8/17/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2005-130 001 23010 380.00 8/17/2006 CIVIC SOLUTIONS INC PROF -SVCS -FPL 2006-189 001 23010 237.50 8/17/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2005-147 001 23010 5,153.75 PROF.SVCS-FPL 2005-143 001 23010 332.50 Page 18 Page 19 City of Diamond Bar - Check Register 08/10/06-09/13/06 Number Vendor Name EleDoaleCheck Transaction Description Fund/ Dept Acct # Amount Total Check Amount 72113 CIVIC SOLUTIONS INCPROF.SVCS-FPL CIVIC SOLUTIONS INC 2005-143 001 23010 95.00 $9,262.50 PROF.SVCS-FPL 2005-143 001 23010 1,045.00 ... 8/17/2006 72114 DAY & NITE COPY CENTER 8/17/2006 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 697.67 $1,523.21 8/17/2006 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 34.64 8/17/2006 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 34.64 8/17/2006 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 445.45 PRINT SVCS -COMM SVCS 0015350 42110 310.81 8/17/2006 72115 DEP=FN PORTATION TRAFFIC LIGHT MAINT-MAY8/17/2006 0015554 45507 1,080.32 $2,842.50DEPPORTATION STREET LIGHT MAINT-JUN 0015554 45507 1,762.18 Sii7/2u0b 72116 IDK PAINTING HIP PROG-2702 SUNBRIGHT 1255915 4400 70 8/17/2006 72117 IRONALD EVERETT IPI Nr-„� e o a 6127 0015210 1 44100 1 $130 00 8/17!2006 72118 FINESSE PERSONNEL/WC BARLOW TEMP SVCS -WK 7/30 0015510 44000 877.50 $877.50 8/17/2006 72119 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 180.00 $180.00 IT SERVICES]SUPPLIES-RE /17/2006 ��HOM�EDE �TCREDIT SERVICES UPPLES-PARKS340 42210:8/17/2006 C 0015350 41210 103.01 8/17/2006 72121 JOE MCMANUS PLNG COMM -6/13 0015210 44100 65.00 $65.00 8/17/2006 72122 KWANG HO LEE PLNG COMM -6/13 & 6/27 0015210 44100 130.00 $130.00 6117/2006 72123 STEVE NELSON PLNG COMM -6/13 & 6/27 0015210 44100 130.00 $130.00 8/17/2006 72124 INORRIS REPKE INC DESIGN SVCS -SLURRY SEAL 2505510 46411 2,815.00 $2,815.00 8/17/2006 72125 P & D CONSULTANTS INC CONSULTANT SVCS -MAY -JUN 0015210 44220 6,442.00 $6,442.00 8/17/2006 72126 R C PINEDA RECREATION REFUND 001 34720 80.00 $80.00 8/17/2006 72127 PURKISS ROSE RSI �wi�ry avc5-rAUL GROW 2505310 46415 1 5QA 7z 7 _.._._,7 Page 19 Page 20 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount T�Check 8/17!2006 72128 R F DICKSON COMPANY ST SWEEPING DEBRIS -JUN 1155515 45500 3,687.7 $$3,687.76 8/17/2006 72129 RJM DESIGN GROUP INC DESIGN SVCS-PANTERA 8/17/2006lRJM2505310 DESIGN GROUP INC 46415 1,000.00 $2,000.00 DESIGN SVCS-PKWAY IMP 2505510 46416 1,000.00 8!17/2006 72130 UNION BANK OF CALIFORNIA LOC FEES -9/30/05-6/30/06 0014090 42129 2,500.00 $2,500.00 8/17/2006 1 72131 WARREN SIECKE PROF.SVCS-TRFFC ENG 0015554 44520 776.00 $776.00 8/17/2006 72132 JYI TONY TORNG PLNG COMM -6113 & 6/27 0015210 44100 1 130.00 $130.00 8/18/2006 1 72133 WELLS FARGO BANK CM-MTG SUPPLIES or is/2uu6 WELLS FARGO BANK HR-MTG SUPPLIES nnidn'ln A7 ] Ic TGJLJ 47.29 $6,592.49 8/18/2006 WELLS FARGO BANK 0014060 00 4060 42325 64.93 8/18/2006 WELLS FARGO BANK IS -COMP MAINT 0014070 42205 871.41 8/18/2006 WELLS FARGO BANK IS-TRAVEL/CONF 0014070 42330 2,255.80 8/18/2006 WELLS FARGO BANK IS -SOFTWARE 0014070 46235 244.15 8/18/20060014090 WELLS FARGO BANK CM-MTG SUPPLIES 42325 51.95 8/1812006 WELLS FARGO BANK EMER PREP -SUPPLIES 0014440 41300 179,97 8/18/2006 WELLS FARGO BANK PI -SUPPLIES REC GUIDE 0014095 42112 300.00 8/18/2006 WELLS FARGO BANK PL -CONE 0015210 42330 955.00 8/18/20060015240 WELLS FARGO BANK PL-ICSC CONE 42330 260.00 8/18/2006 WELLS FARGO BANK CS -SUPPLIES 0015350 41200 328.79 8/18/2006 WELLS FARGO BANK CS -DAY CAMP SUPPLIES 0015350 42410 234.00 IS -SOFTWARE 1185098 46235 799.20 8/24/2006 72134 A AMERICAN SELF STORAGE STORAGE SVCS -SEPT 8/24/2006IA0014090 AMERICAN SELF STORAGE 42140 116.00 $232.00 STORAGE SVCS -SEPT 0014090 42140 116.00 8/24/2006 72135 JABRAKADOODLE CONTRACT CLASS -SUMMER 0015350 45320 330.00 $330.00 8/24/2006 72136 ACT GIS INC CONSULTING SVCS -MAY 06 0014070 44000 8!24/2006 ACT GIS INC 6,857.50 $15,047.50 CONSULTING SVCS -JUN 0014070 44000 8,190.00 8/24/2006 1 72137 AGRICULTURAL COM WGHTS & MEASURES COYOTE CONTROL SVCS -JUN 0014431 45406 354.69 $354.69 8/24/2006 1 72138 JAMERICAN PLANNING ASN MEMBERSHIP DUES -N 1'VNb I 0015210 1 42315 1 ddn nnl CA At) /1 Page 20 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8124/2006 72139 JAMERICAN PLANNING ASN PUBLICATIONS-PLNG 0015210 42320 745.00 $745.00 8/24/2006 72140 AMERICAN SOCIETY OF LANDSCAPE ARCHI PUBLICATIONS-PLNG 0015210 1 42320 59.001 $59.00 8/24/2006 72141 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 139.64 $521.76 8/24/2006 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 382.12 8/24/2006 72142 AT & T PH.SVCS-DATA MODEM 0014090 42125 27.46 $105.37 8/2412006 AT & T PH.SVCS-GENERAL 0014090 42125 30.32 8/2412006 AT & T PH.SVCS-GENERAL 0014090 42125 27.91 $354.36 8/24/2006 AT & T PH.SVCS-GENERAL 0014090 42125 19.68 8/24/2006 1 72143 IBENESYST 8/25106-P/R DEDUCTIONS 1 001 1 21105 1 511.20 $511.20 8/24/2006 DENNIS CAROL 1PROF.SVCS-SS/CC MTG 0014030 1 44000 100.00 8/24/2006 72144 IBOULEVARD BAGELS MTG SUPPLIES -GENERAL 1 0014090 1 42325 1 354.361 $354.36 8/24/2006 72145 IBRENDA BREIDINGER PK REFUND -DBC 1 001 1 23002 1 700.001 $700.00 8/24/2006 72146 IDEANNACA13ALLERO RECREATION REFUND 1 001 1 34780 42.00 $42.00 8/24/2006 72147 ICALED IMEMBERSHIP DUES -N FONG 1 0015240 1 42315 570.001 $570.00 8/24/2006 72148 CALIFORNIA JPIA TRNG-I AZIZ 0014070 42330 675.001 $675.00 8/24/2006 72149 ICALIFORNIA PLANNING & DEV REPORT PUBLICATIONS-PLNG 1 0015210 1 42320 249.001 $249.00 8/24/2006 72150 IWILSON Y S CHANG PK REFUND -DBC 001 1 23002 100.001 $100.00 8/24/2006 72151 RICHARD CHENETTE ICONSULTING SVCS-JUL O6 0014070 1 44000 4,999.95 $4,999.95 8/24/2006 72152 IMARTIN CORTEZ IRECREATION REFUND 001 1 34780 40.00 $40.00 8/24/2006 72153 CRITTENDEN RESEARCH PUBLICATIONS-PLNG 0015240 1 42320 787.001 $787.00 8/24/2006 72154 DENNIS CAROL PROF.SVCS-THCA MTG 0014030 44000 50.00 $150.00 8/24/2006 DENNIS CAROL 1PROF.SVCS-SS/CC MTG 0014030 1 44000 100.00 Page 21 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number 1 Vendor Name Transaction Description Fund! Dept Acct # Amount Total Check Amount 8!24!2006 72155 IDEPT OF TRANSPORTATION TRAFFIC MAINT-JUN 06 0015554 45507 1 633.24 $633.24 8/24/2006 1 72156 IKEN DESFORGES REIMB-GIS CONF 1185098 1 42330 1 190.531 $190.53 8/24/2006 72157 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 4231 0 421.74 $578.16 8/24/2006 DIAMOND BAR MOBIL FUEL -ROAD MAINT 0015554 42310 18.98 8/24/2006 DIAMOND BAR MOBIL FUEL-NGHBRHD IMP 0015230 42310 87.95 8/24/2006 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 49.49 8/24/2006 72158 IDIVERSIFIED PARATRANSIT INC ISHUTTLE SVCS -CONCERTS 1 1125350 1 45310 1 832.501 $832.50 8/24/2006 72159 IDOG DEALERS INC r ONTPACT CA S ,S�U,.tIM�€R vu i 535u" ri53L0 363.60 $363.60 8/24/2006 72160 DUNN'S FENCE COMPANY TEMP FENCE-PANTERA PK 1 0015340 1 42210 1 2,120.001 $2,120.00 8/24/2006 72161 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 42210 215.00 $315.00 8/24/2006 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 42210 100.00 8/24/2006 72162 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 159.04 $580.39 8/24/2006 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 40.51 8/24/2006 FEDEX EXPRESS MAIL -FPL 2005-147 001 23010 32.97 8/24/2006 FEDEX EXPRESS MAIL -FPL 2002-63 001 23010 58.80 8/24/2006 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 190.48 8/24/2006 JGFB FEDEX EXPRESS MAIL -GENERAL 0014090 42125 98.59 8/24/2006 72163 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 38 1385538 44000 349.17 $1,567.93 8/24/2006 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 39 1395539 44000 349.17 8/24/2006 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 41 1415541 44000 349.16 8/24/2006 GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 38 1385538 44000 173.47 8/24/2006 GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 39 1395539 44000 173.48 8/24/2006 JGFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 41 1415541 44000 173.48 8/24/2006 1 72164 1GLOBALSTAR USA ISETUP SVCS-SATELITE PHONE 1 0014440 1 42125 1 3,238.30 $3,238.30 8/24/2006 72165 JGOVPARTNER REQUEST PARTNER -AUG O6 1185098 1 44030 1 850.00 $1,700.00 8/24/2006 GOVPARTNER REQUEST PARTNER -SEPT 06 1185098 1 44030 1 850.00 Page 22 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description PROF.SVCS-INSPECTION Fund/ Dept Acct # Amount Total Check Amount 8/24/2006 72166 HALL & FOREMAN, INC. 0015510 45227 1,387.94 $2,531.87 8/24/2006 8/24/2006 HALL & FOREMAN, INC. PROF.SVCS-PIAN CHECK 0015551 45223 258.93 720.00 8/24/2006 8/24/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 06-516 001 23012 360.00 320.00 8/24/2006 8/24/2006 1 HALL & FOREMAN, INC. ADMIN FEE -EN 06-516 001 23012 90.00 8,500.67 8/24/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 06-516 001 34650 -90.00 8/24/2006 8/24/2006 1 HALL & FOREMAN, INC. PROF.SVCS-EN 01-323 001 23012 300.00 2,297.611 8/24/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 01-323 001 23012 75.00 8/24/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 01-323 001 34650 -75.00 8/24/2006 1HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 225.00 8/24/2006 72167 ITOM HEROLD IRECREATION REFUND 001 1 34780 1 40.00 -4n nn 8/24/2006 72168 ARTHUR HSIA PK REFUND -DBC 001 23002 650.00 $616.00 8/24/2006 ARTHUR HSIA PROP DAMAGE -DBC 001 36810 -34.00 8/24/2006 72169 HULS ENVIRONMENTAL MGT LLC CONSULTING SVCS -MAY 06 1155515 44000 2,556.65 $3,081.65 8/24/20 JHULS ENVIRONMENTAL MGT LLC 1CONSULTING SVCS -JUN 1155515 1 44000 525.00 8/24/2006 72170 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-JUL 0015350 45300 1,440.00 $3,120.00 8/24/2006 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-JUL 06 0015350 45300 640.00 8/24/2006 72172 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -AUG 06 0015350 45300 720.00 $8,500.67 8/24/2006 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -AUG 06 0015350 45300 320.00 8/24/2006 72171 JINLAND VALLEY HUMANE SOCIETY ICOMM ORG SUPPORT FUND 0114010 42355 100.00 $100.00 8/24/2006 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS 0014020 44020 647.40 8/24/2006 72172 JINLAND VALLEY HUMANE SOCIETY ANIMAL CNTRL SVCS -AUG 1 0014431 45403 1 8,500.671 $8,500.67 8/24/2006 JENKINS & HOGIN, LLP LEGAL SVCS -LIBRARY 0014020 44021 583.20 8/24/2006 1 72173 JINLAND VALLEY HUMANE SOCIETY JANIMAL CNTRL SVCS -SEPT 0014431 45403 8,500.67 $8,500.67 8/24/2006 1 72174 1INTERNATIONAL PROTECTIVE SVCS INC. ICROSSING GUARD SVCS-JUL 0014411 45410 2,297.611 $2,297.61 8/24/2006 72175 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV 0014020 44020 1,142.80 $30,477.26 8/24/2006 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS 0014020 44020 647.40 8/24/2006 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS 0014020 44020 617.85 8/24/2006 JENKINS & HOGIN, LLP LEGAL SVCS -LIBRARY 0014020 44021 583.20 8/24/2006 1JENKINS & HOGIN, LLP ILEGAL SVCS -SCRIBBLES 0014020 44021 9,334.01 Page 23 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 44021 Amount 12,358.60 Total Check Amount $30,477.26 8/24/2006 72175... JENKINS & HOGIN, LLP LEGAL SVCS -SCE 0014020 8/24/2006 3,000.00 JENKINS & HOGIN, LLP LEGAL SVCS -FINANCE 0014020 44020 149.40 ... 8/24/2006 I 23002 I JENKINS & HOGIN, LLP LEGAL SVCS -GENERAL 0014020 44020 5,644.00 IYOUNG KIM 8/24/2006 72176 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS-JUL 06 0014030 44000 3,000.00 $6,000.00 8/24/2006 72178 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -AUG 06 0014030 44000 3,000.00 $1,906.36 8/24/2006 I 72177 KEYSTONE LEARNING SYSTEMS RENEWAL-TRNG SYSTEM n014070 1 42205 1 4,999.001 $. 99 J 0 gyp`' VV 8/24/2006 1 72178 IJEAN KIM REFUND -TEMP SIGN 001 34430 100.001 $1,906.36 $100.00 8/24!2006 72179 IJINHA KIM IPK REFUND -PANT ERA 001 I 23002 I 200.001 $200.00 8/24/2006 72180 IYOUNG KIM RECREATION REFUND 001 34780 5.5.001 $55.00 8/24/2006 72181 JKLEINFELDER INC GEOTECHNICAL SVCS -JUN 1 0015551 45224 1,642.13 $1,642.13 8/24/2006 72182 KUSTOM IMPRINTS INCORP. SUPPLIES -RECREATION 0015350 41200 59.881 $59.88 8/24/2006 72183 ILA OPINION TRANSLATION -LIBRARY BOND 1 0014030 42390 3,000.001 $3,000.00 8/24/2006 72184 CITY OF LA VERNE PRKG CITE HRGS-JULY 060014411 45405 150.00 $150.00 8/24/2006 72185 ILAC FIRE EXPLORERS POST 19 REIMB-FOOD BOOTH 1 0015350 45305 250.00 $250.00 8/24/2006 j 72186 SUSHMA LAL PK REFUND -DBC 001 23002 600.00 $522.00 8/24/2006 72188 SUSHMA LAL PROPERTY DAMAGE 001 36810 -78.00 $1,906.36 8/24/2006 72187 ILANGUAGE LINK TRANSLATION -ELECTIONS 1 0014030 1 42390 1 1,679.261 $1,679.26 8124/2006 72188 ILANTERMAN DEV CENTERICOMM INDUSTRIE IPARKWAY MAINT-JUL 0015558 45503 1,906.36 $1,906.36 8/24/2006 72189 ILEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 1 42325 35.00 $35.00 8/24/2006 72190 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 00-261 001 23012 531.00 $531.00 8/2412006 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 00-261 001 23012 95.58 8/24/2006 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 00-261 001 34650 -95.58 Page 24 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date I Check Number venaor Name Transaction Description I Fund/ Dept I Acct # Amount I Total Check Amount 8/24/2006 72191 LIEBERT CASSIDY WHITMORE LEGAL SVCS-H/R 0014060 1 44021 1 52.001 $52.00 8/24/2006 8/24/2006 72192 LOS ANGELES COUNTY SHERIFF'S DEPT. LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS-JUL 06 SPCL EVENT -CONCERTS 0014411 45401 367,264.08 $738,306.70 8/2412006 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL-JUL 06 0014411 0014411 45402 45402 920.42 8/24/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPECIAL EVENTS -JULY 4TH 0014411 45402 12,321.75 3,187.62 8/24/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES-JUL 06 0014411 45402 125.08 8/24/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -JUN 06 0014411 45402 5,990.45 8/24/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -JUN 06 0014411 45402 348,497.30 8/24/2006 1 72193 ISURENDRA MEHTA CO{NTownT r we a e , .. CLASS -SUMMER 0015350 1 45320 1 1,314.001 $1,314.00 8/24/2006 72194 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-JUN/JULY 0014440 42130 78.75 $78.75 8/24/2006 72195 PATRICK MONTOYA CONTRACT CLASS -SUMMER 0015350 45320 72.601 $72.60 8/24/2006 72197 NEXTEL OF CALIFONIA REFUND -FPL 04-109 001 23010 1 548.75 $548.75 8/24/2006 72199 IONTARIO ICE SKATING CENTER ICONTRACT CLASS -SUMMER 0015350 45320 1 201.60 $201.60 8/24/2006 72200 IPACIFIC CREST YOUTH ARTS ORGANIZATN GOLF TNMT-SPONSOR1 0114010 1 42355 1150.00 $150.00 8/2412006 72201 ICATHY PECKICH RECREAITON REFUND 1 001 1 34730 1 35.00 $35.00 8/24/2006 72202 PERS HEALTH SEPT 06 -HEALTH INS PREMS 001 21105 22,068.08 $22,300.39 8/24/2006 PERS HEALTH ADMIN FEE -SEPT 06 0014090 40086 129.20 8/24/2006 PERS HEALTH ADMIN FEE -SEPT 06 0014060 40093 103.11 Page 25 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 8!24!2006 1 72203...PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 8.00 8/24/2006 722D4 PERS RETIREMENT FUND 8/24/2006 PERS RETIREMENT FUND 8/24/2006 PERS RETIREMENT FUND RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT 001 21109 12,995.87 001 21109 8,231.94 001 21109 43.71 Total Check Amount $546.65 ... $21,271.52 8/24/2006 72205 POMONA JUDICIAL DISTRICT PARKING CITATION FEES -JUN 1 32230 1 2,920,001 $2,920.00 8/24/2006 8/24/2006 72206 PRINCE SHANT CORP PRINCE SHANT CORP FUEL-NGHBRHD IMP FUEL -ROAD MAINT 0015230 42310 336.79 72208 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JUN 0015554 0015554 42310 1 615.90 8/2412006 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 288.57 8/24/2006 0015554 PRINCE RHAIJT rVr1C7P FUEL -COMM SVCJ 0015310 42310 366.37 8/24/2006 45507 PRINCE SHANT CORP FUEL-NGHBRHD IMP 0015230 42310 284.85 8/24/2006 8/24/2006 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 212.87 8/24/2006 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 279.36 8/24/2006 REPUBLIC ELECTRIC PRINCE SHANT CORP FUEL -COMM SVCS 0015310 42310 82.28 8/24/2006 8/24/2006 72207 R & D BLUEPRINT R & D BLUEPRINT PRINT 5VCS-P/WORKS0015510 PRINT SVCS-P/WORKS 0015510 42110 42110 8/24/2006 72208 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JUN 0015554 45507 8/24/2006 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JUN 0015554 45507 8/24/2006 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JUN 0015554 45507 8/24/2006 REPUBLIC ELECTRIC CITY-WIDE TRAFFIC SIGNAL 0015554 45507 8/24/2006 REPUBLIC ELECTRIC CITY-WIDE TRAFFIC SIGNAL 0015554 45507 8/24/2006 REPUBLIC ELECTRIC CITY-WIDE TRAFFIC SIGNAL 0015554 45507 8/24/2006 REPUBLIC ELECTRIC CITY-WIDE TRAFFIC SIGNAL 0015554 45507 8/24/2006 REPUBLIC ELECTRIC CITY-WIDE TRAFFIC SIGNAL 0015554 45507 8/24/2006 IREPUBLIC ELECTRIC CITY-WIDE TRAFFIC SIGNAL 0015554 45507 5.00 $12.60 7.60 281.28 $34,410.88 3,886.01 3,108.00 11,125.00 6,500.27 3,108.00 8/24/2006 1 72209 IROTARY CLUB OF WALNUT VALLEY EVT-SPONSOR 1 0114010 1 42355 1 500.001 $500.00 8/24/2006 72210 YIN RU RECREATION REFUND 001 3478040.00 $40.00 Page 26 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 8/24/2006 I 72212 IS C SIGNS 8, SUPPLIES LLC 8/24/2006 72213 SASAKI TRANSPORTATION 8/24/2006 44520 SASAKI TRANSPORTATION 8/24/2006 0015554 SASAKI TRANSPORTATION 8/24/2006 0015350 SASAKI TRANSPORTATION 8/24/2006 1,708.25 SASAKI TRANSPORTATION 8/24/2006 72214 SASAKI TRANSPORTATION SVCS. 44520 1 8/24/2006 72215 SCMAF 8/24/2006 72216 ISHRED IT LOS ANGELES ELECT SVCS -TRAFFIC CONTRL 8/24/2006 72217 ISKATE EXPRESS 42126 8/24/2006 72218 SOLARWINDS.NET INC. $771.34 8/24/2006 72219 SOUTHERN CALIFORNIA EDISON 8/24/2006 SOUTHERN CALIFORNIA EDISON 8/24/2006 42126 SOUTHERN CALIFORNIA EDISON 8/24/2006 ELECT SVCS -TRAFFIC CONTRL SOUTHERN CALIFORNIA EDISON 8/24/2006 46.87 SOUTHERN CALIFORNIA EDISON 8/24/2006 0015510 SOUTHERN CALIFORNIA EDISON 8/24/2006 SOUTHERN CALIFORNIA EDISON 8/24/2006 42126 SOUTHERN CALIFORNIA EDISON 8/24/2006 ELECT SVCS -TRAFFIC CONTRL SOUTHERN CALIFORNIA EDISON 8/24/2006 63.34 SOUTHERN CALIFORNIA EDISON 8/24/2006 0015510 SOUTHERN CALIFORNIA EDISON 8/24/2006 SOUTHERN CALIFORNIA EDISON 8/24/2006 42126 SOUTHERN CALIFORNIA EDISON 8/24/2006 72220 SPORTS EDUCATORS OF AMERICA 8/24/2006 1 72221 ISTATE DUSBURSEMENT UNIT SUPPLIES -ROAD MAINT CONSULTING SVCS -JUN CONSULTING SVCS -JUN CONSULTING SVCS -JUN CONSULTING SVCS -JUN CONSULTING SVCS -JUN 0015554 I 41250 $150.85 0015554 44520 455.00 $5,023.25 0015554 44520 975.00 44000 0015554 44520 845.00 0015350 0015554 44520 1,708.25 MAINT RENEWAL -FY 06/07 0015554 1 44520 1 1,040.00 $395.00 ENGINEERING SVCS -JUN O6 TRACK MEET-SCMAF 0015210 I nn11Z1sn 1 44210 I econn w I 520.001 230.00 $520.00 U'SuMu DISPOSAL SVCS-PLNG 0014030 44000 101.25 $101.25 CONTRACT CLASS -SUMMER 0015350 45320 528.66F $528.00 MAINT RENEWAL -FY 06/07 0014070 42205 395.001 $395.00 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 90.22 $771.34 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 69.68 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 39.99 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 46.87 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 23.72 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 43.94 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 63.34 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 57.97 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 43.99 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 34.62 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 91.45 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 99.84 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 65.71 SVCS -BASEBALL CLINIC 0015350 45300 800 00 $800.00 SLRY ATTCHMT-BY0426064 001 1 21114 317.29 $317.29 Page 27 Page 28 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/24/2006 72222 SUNGARD PENTAMATION 8/24/2006 SUNGARD PENTAMATION DATA LINE CHRGS-JUL 06 0014070 44030 185.76 $2,757.18 8/24/2006 1 SUNGARD PENTAMATION TRNG-FALSE ALARM SOFTWARE 1185098 46235 1,971.42 TRNG-FALSE ALARM SOFTWARE 1185098 46235 600.00 8/24/2006 72223 ITELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS-AUG 06 0014070 44030 525.43 $525.43 8/24/2006 72224 THE ARTIME GROUP PROF.SVCS-SURVEY 0014095 44000 2,000.00 $2,000.00 8/24/2006 72225 THE COMDYN GROUP INC CONSULTING SVCS-WK 8/4 0014070 44000 1,200.00 $1,200.00 8/24/2006 72226 THOMPSON PUBLISHING GROUP PUBLICATIONS-CABLE 0014090 42320 518.50 $518.50 8/24/2006 72227 ITRAFFIC CONTROL SERVICE INC SUPPLIES-ROAD MAINT 0015554 41250 103.98 $103.98 8/24/2006 72228 TRENCH PLATE RENTAL CO EQUIP RENTAL-RD MAINT 0015554 42130 120.00 $120.00 8/24!2006 72229 ULI THE URBAN LAND INSTITUTE 8/24/2006 ULI THE URBAN LAND INSTITUTE MEMBERSHIP DUES-N FONG 0015210 42315 210.00 $0.00 MEMBERSHIP DUES-N FONG 0015210 42315 -210.00 8/24/2006 72230 11 INITED SITE SERVICES OF CALIFORNIA EQ RENTAL-CONCERTS 0015350 42130 454.13 $454.13 8/24/2006 72231 VANGUARD VAULTS LA INC DATA STORAGE SVCS-AUG 06 0014070 45000 535.00 $535.00 8/24/2006 72232 IVANITAGEPOINT TRNSFR AGNTS-303248 8/25/06-P/R DEDUCTIONS 001 21108 4,738.95 $4,738.95 8/24/2006 72233 VERIZON CALIFORNIA 8/24/2006 VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACIS 0014090 42125 108.27 $866.83 8124/2006 VERIZON CALIFORNIA PH-SVCS-GENERAL 0014090 42125 30.10 8/24/2006 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 620.39 PH-SVCS-INFO TO GO 0014090 42125 108.07 8/24/2006 72234 IWESTBROOK TECHNOLOGIES INC IRENEWAL-SOFTWARE SUPPORT 0014070 42205 7,122.15 $7,122.15 8/24/2006 72235 IPAUL WRIGHT AN SVCS-P/C,CNCL 0014090 44000 280.00 $280.00 8/24/2006 72236 IGEORGE YILIN YAO REFUND-GRADING BOND 001 23001 10,634.40 $10,634.40 8/24/2006 72237 ISHUNG SONG YUAN RECREATION i wry r<trurvu 001 1 34780 1 an nn cwn .,., Page 28 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date I Check Number Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 8/24/2006 72238 BOB ZIRBES IREIMB-AB1234 TEST 1 0014010 1 42340 1 50.001 $50.00 8/31/2006 JAGI ACADEMY CORP CONTRACT CLASS -SUMMER 0015350 1 45320 895.00 8/31/2006 72239 JADELPHIA INTERNET SVCS -HERITAGE PK 0015340 1 42126 1 39.951 $39.95 8/31/2006 72240 AGI ACADEMY CORP CONTRACT CLASS -SUMMER 0015350 45320 932.00 $127.00 ,8 8/31/2006 JAGI ACADEMY CORP CONTRACT CLASS -SUMMER 0015350 1 45320 895.00 8/31/2006 72241 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 96.56 $670.10 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 8.00 8/31/2006 72243 ALBERTSONS �Al SUPPLIES -DAY CAMP 0015350 41200 6.69 $66.00 8/31/2006 BERTSONc JUPPLIES-L)MOMOMLL PICNIV 00"i5350 41ZUU 34.56 8/3112006 ALBERTSONS SUPPLIES -COMM SVCS 0015350 41200 11.99 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 24.19 8/3112006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 45.16 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 5.99 8/31/2006 ALBERTSONS SUPPLIES -JULY BLAST 0015350 41200 13.53 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 22.33 8/31/2006 ALBERTSONS SUPPLIES -JULY BLAST 0015350 41200 45.81 8/31/2006 ALBERTSONS SUPPLIES-SFTBLL 0015350 41200 38.74 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 27.41 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 9.27 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 3.49 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 36.24 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 71.41 8/31/2006 ALBERTSONS SUPPLIES -SOFTBALL 0015350 41200 19.08 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 35.37 8/31/2006 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 92.68 8/31/2006 JALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 21.60 8/31/2006 1 72242 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 139.64 $139.64 8/31/2006 WORK APPAREL & UNIFORM SVCS UNIFORM SVCS P/WKS 8/17 0015554 42130 6.50 8/31/2006 1 72243 ICHRISTINE ANN ANGELI CONTRACT CLASS -SUMMER 0015350 45320 66.001 $66.00 8/31/2006 72244 ARAMARK WORK APPAREL &UNIFORM SVCS 1ARAMARK UNIFORM SVCS -PARKS 8/17 0015310 42130 20.25 $78.50 8/31/2006 WORK APPAREL & UNIFORM SVCS UNIFORM SVCS P/WKS 8/17 0015554 42130 6.50 Page 29 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 42130 20.25 Total Check Amount 8131/2006 72244... ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 8/24 0015310 $78.50 ... 8/31/2006 1,565.00 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 8/24 0015554 42130 6.50 ADMIN FEE -EN 06-521 8/31/2006 23012 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 6/08 0015310 42130 18.50 ARROYO GEOTECHNICAL CORP 8/31/2006 001 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS-P/WORKS 6/08 0015554 42130 6.50 8/31/2006 72245 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-512 001 23012 291.54 $1,856.54 8/31/2006 I ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-521 001 23012 1,565.00 1 8/31/2006 72250 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-521 001 23012 281.70 $350.00 8/31/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-521 001 34650 -281.70 8/31/2006 72246 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS -HERITAGE PK 0015340 42210 1 239.001 $518.34 8/31/211U6 I (BEAR STATE AIR CONDITIONING SVCS IN IMAINT SVCS -PARKS I 0015340 1 42210 1 279.341 1 8/31/2006 72247 IJOHN E BISHOP CONTRACT CLASS -SUMMER 0015350 45320 1 735.00 $735.00 8/31/2006 72248 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-I.T. 0014070 42125 232.00 $1,981.75 8/31/2006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-I.T. 0014070 42125 1,554.00 8/31/2006 72250 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-I.T. 0014070 42125 72.50 $350.00 8/31/2006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-I.T. 0014070 42125 87.00 8/31/2006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-I.T. 0014070 42125 36.25 8/31/2006 72249 CA PARK & RECREATION SOC MEMBERSHIP DUES -D SEILER 1 0015310 1 42315 1 140.00 $140.00 8/31/2006 BALLAST BULB COMPANY SUPPLIES-PANTERA PK 0015340 1 42210 116.20 8/31/2006 72250 CALIFORNIA CONTRACT CITIES ASSOC. JCCCA MTG-COUNCIL 1 0014010 1 42330 1 350.00 $350.00 8/31/2006 72251 CATALINA BALLAST BULB COMPANY ICATALINA SUPPLIES-PANTERA PK 0015340 42210 123.34 $239.54 8/31/2006 BALLAST BULB COMPANY SUPPLIES-PANTERA PK 0015340 1 42210 116.20 8/31/2006 72252 CDW GOVERNMENT INC. COMP EQ -13. 0014070 46230 3,608.02 $56,306.60 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 11,015.67 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 7,739.81 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 18,961.07 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 3,869.00 8/31/2006 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 63.87 8/31/2006 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 29.74 8/31/2006 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 4,841.92 Page 30 8/31/2006 72260 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP JUL 8/31/2006 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH JUL City of Diamond Bar - Check Register 08/10/06-09/13/06 59.93 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 24.99 Total Check Amount Check Date Check Number Vendor Name Transaction DescriptionFund/ Dept Acct # Amount 8/31/2006 72252... CDW GOVERNMENT INC. COMP EQ-i.T. 8/31/2006 CDW GOVERNMENT INC. 0014070 41300 100.67 $56,306.60 ... 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41300 322.59 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41300 50.30 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41300 297.07 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41300 307.95 8/31/2006 CDW GOVERNMENT INC. COMP EQAT. 0014070 41300 299.19 8/31/2006 CDW GOVERNMENT INC. COMP EQAT. 0014070 41300 101.75 8/31/2006 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41300 62.79 8/31/2006 CDW GOVERNMENT INC. COMP EQ-TRANSIT 1185098 46230 3,963.90 COMP EQ-MAINT 1125553 42205 671.29 ttnvl)nna �1 .1---- �eoco I 7 «,,3 'LISA CHAN IPK REFUND-PANTERA $50 00 001 23002 50 00 8/31/2006 72254 COLOR ME MINE CONTRACT CLASS-SUMMER 0015350 45320 172.20 $172.20 8/31/2006 72255 CONTACT OFFICE SOLUTIONS COLOR COPIER-C/HALL 0014090 46250 8/31/2006 CONTACT OFFICE SOLUTIONS SUPPLIES-GENERAL 27,454.37 $29,406.01 8/31/2006 CONTACT OFFICE SOLUTIONS COPIER MAINT-JUL 06 0014090 42100 162.38 8/31/2006 CONTACT OFFICE SOLUTIONS COPIER MAINT-AUG 06 0014090 42100 139.74 0014090 42100 1,649.52 8/31/2006 8/31/2006 72256 CPSRPTC CPRS CONF-B ROSE $3,179.00 0015310 42330 289.00 8/31/2006 CPSRPTC CPRS CONF-P&R COMM 0015310 42330 1,156.00 CPSRPTC CPRS CONF-REC STAFF 0015350 42330 1,734.00 8/31/2006 72257 D & J MUNICIPAL SERVICES INC PROF-SVCS-PLAN CHECK 2505310 46415 1,500.00 $1,500.00 8/31/2006 72258 DAY & NITE COPY CENTER PRINT SVCS-COMM SVCS 2505310 46415 8/31/2006 DAY &NITE COPY CENTER PRINT SVCS-HIR 522.85 $924.73 8/31/2006 DAY & NITE COPY CENTER PRINT SVCS-COMM SVCS 0014060 42110 350.73 0015350 42110 51.15 8/31/2006 1 72259 DEANE HOMES SWIM CLUB FACILITY RENTAL-WINTER 0015350 1 42140 240.00 $240.00 8/31/2006 72260 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP JUL 8/31/2006 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH JUL 8/31/2006 59.93 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT Page 31 19.98$104.90 0015230 42200 0014090 42200 59.93 0015554 42200 24.99 Page 32 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/31/2006 72261 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES-COMM SVCS 8/31/2006 DIAMOND BAR INTERNATIONAL DELI 0015350 41200 100.00 $200.00 MTG SUPPLIES-P/WORKS 0015510 42325 100.00 8/31/2D06 72262 ISUSIE DIAZ PK REFUND-DBC 8/31/2006 SUSIE DIAZ �PKREFUND-DBC 001 36615 150.00 $250.00 001 23002 100.00 8/31/2006 72263 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE-8/1-8/15 8/31/2006 DIVERSIFIED PAR PARATRANSIT INC 1125553 45529 14,781.14 $46,085.05 8/31/2006 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE-711-7115 1125553 45529 14,747.37 DIAMOND RIDE-7/16-7/31 1125553 45529 16,556.54 8/31/2006 1 72264 JDMS CONSULTANTS CIVIL ENGINEERS INC PROF-SVCS-INSPECTION 2505510 46411 1 2,100.00 $2,100.00 8r31i2006 72265 IALLIANT INSURANCE SERVICES INC SPCL EVENTS-APR-JUN 05 001 23004 8.435.8631 $8,435. 8/31/2006 72266 ALLIANT INSURANCE SERVICES INC CL EVENT INS-APR-JUN O6 8/31/2006IALL001 IANT INSURANCE SERVICES INC FSSPCL 23004 871.11 $6,701.27 EVENT INS-APR-JUN 06 001 23004 5,830.16 8/31/2006 72267 DUNN'S FENCE COMPANY TEMP FENCE-LORBEER SCH 2505510 46420 1,513.90 $1,513.90 8/31/2006 72268 DURHAM SCHOOL SERVICES TRANSPORTATION-DAY CAMP 1125350 45310 6,336.71 $6,336.71 8/31/2006 72269 EVERGREEN INTERIORS PLANT SVCS-DBC AUG 06 0015333 45300 165.00 $165.00 8/31/2006 72270 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 8/31/2006 EXCEL LANDSCAPE 1385538 45500 3,216.34 $4,236.69 8/31/2006 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 455.40 8/31/2006 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 42210 360.00 LANDSCAPE MAINT-DIST 38 1385538 42210 204.95 1 8/31/2006 72271 EXTERMINETICS OF SO CAL INC 1EXTERMINETICS PEST CONTROL SVCS-DBC 8/31/2006 OF SO CAL INC 0015333 45300 150.00 $190.00 RODENT CONTROL-DBC 0015333 45300 40.00 8!31/2006 72272 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 398.90 $398.90 8!31/2006 72273 DAVID FERNANDEZ CONTRACT CLASS-SUMMER 0015350 45320 1,174.50 $1,174.50 8/31/2006 72274 FOOTHILL TRANSIT FOOTHILL PASSES-COMM 8/3112006 FOOTHILL TRANSIT 1125553 45535 627.00 $37,821.27 FOOTHILL PASSES-COMM 1125553 45535 454.50 Page 32 279 GRAND MOBIL 8/31/2006 GRAND MOBIL 8/31/2006 GRAND MOBIL 8/31/2006 MAINT-COMM SVCS 0015310 City of Diamond Bar - Check Register 08/10/06-09/13/06 138.29 $458.32 MAINT-NGHBRHD IMP Check Date Check Number Vendor Name 21,25 MAINT-ROAD MAINT 0015554 42200 607.42 Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/31/2006 72274... FOOTHILL TRANSIT 8/31/2006 FOOTHILL TRANSIT MEMO CREDIT-RTN PASSES 1125553 45535 2,852.77 -$37,821.27 8/31/2006 FOOTHILL TRANSIT CITY SUBSITY-AUG 06 1125553 45533 3,300.00 8/31/2006 FOOTHILL TRANSIT FOOTHILL PASSES -AUG 06 1125553 45535 11,850.00 8/31/2006 FOOTHILL TRANSIT CITY SUBSITY-AUG 06 1125553 45533 5,305.00 FOOTHILL PASSES -AUG 06 1125553 45535 15,595.00 8/31/2006 72275 WILLIAM GIEBE CONTRACT CLASS -SUMMER 0015350 45320 675.00 $675.00 8/31/2006 72276 GLADWELL GOVERNMENTAL SVCS INC PROF.SVCS-ELECTIONS 0014030 44000 831.25 $831.25 8131/2006 72277 GOLD COAST TOURS 8!31/2006 COAST TOURS EXCURSION -DANISH DAYS 001535- 45310 355.39 $960.50 _ EXCURSION_DANISH DAYS � 1125350 45310 605.11 8/31/2006 72278 IIGOLD LETICIA GOMEZ RECREATION REFUND 001 34760 33.00 $33.00 8/31!2006 72 279 GRAND MOBIL 8/31/2006 GRAND MOBIL 8/31/2006 GRAND MOBIL 8/31/2006 MAINT-COMM SVCS 0015310 4220073235...907 138.29 $458.32 MAINT-NGHBRHD IMP 0015230 42200EQ 21,25 MAINT-ROAD MAINT 0015554 42200 607.42 72280 SHANNON GRIFFITHS CONTRACT CLASS -SUMMER 0015350 45320 324.00 $324.00 8/31/2006 72281 JASON GUO PK REFUND -DBC 001 36615 56.68 $56.68 8/31/2006 72282 KAY HA RECREATION REFUND 001 34780 40.00 $40.00 8/31/2006 72283 HINDERLITER, DE LLAMAS & ASSOCIATES JCAFR REPORTS-FY05/06 0014050 1 44000 425.00 $425.00 8131/2006 72284 HIRSCH PIPE AND SUPPLY INC 8/31/2006 HIRSCH PIPE AND SUPPLY INC 8/31/2006 HIRSCH PIPE AND SUPPLY INC 8/31/2006 MAINT-PARKS 0015340 42210 138.29 $766.96 MAINT-PARKS 0015340 42210 21,25 MAINT-PARKS 0015340 42210 607.42 72285 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-JUL 23 0015350 45300 640.00 $640.00 8/31/2006 72286 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2002-221 001 23010 195.60 $195.60 8/31/2006 72287 JUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN JUL D6 0014411 45405 1 399 44 $399 44 Page 33 Page 34 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/31/2006 72288 TWEI PEING KAN RECREATION REFUND 001 34780 165.00 $165.00 8/31/2006 72289 INANCY KE _LER RECREATION REFUND 001 34780 25.001 $25.00 8/31/2006 72290 KIDSTAR PERFORMING ARTS CONTRACT CLASS-SUMMER 0015350 45320 594.00 $594.00 8/31/2006 72291 KIMLEY HORN AND ASSOCIATES INC DESIGN SVCS-PROSPECTORS 1 2505510 46411 1,911.34 $1,911.34 8/31/2006 72292 KRUEGER INTERNATIONAL INC SUPPLIES-DBC 0015333 41200 202.971 $202.97 8/31/2006 72293 ANGELES COUNTY MTA CITY SUBSITY-JUN 06 8/31/2006 JLOS LOS ANGELES COUNTY MTA 1125553 45533 621.20 $4,544.50 MTA PASSES-JUN 06 1125553 AFFZF a.30 on Vl3 IILVVO 8/31/2006 LOS ANGELES COUNTY MTA SUBSITY-JUL 06 ----���� 1125553 45533 657.15 'LOS LOS ANGELES COUNTY MTA MTA PASSES-JUL 06 1125553 45535 1,633.35 8/31/2006 72294 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-JUN 06 8/31/2006 LOS ANGELES COUNTY PUBLIC WORKS 0015340 45300 611.56 $5,338.31 8/31!2006 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE-JUN O6 0015510 45530 3,471.63 TRFFC SIGNAL MAINT-JUN O6 0015554 45507 1,255.12 8/31/2006 72295 MAD SCIENCE CORP CONTRACT CLASS-SUMMER 8/31/2006 MAD SCIENCE CORP 0015350 45320 1,120.00 $1,320.00 CONTRACT CLASS-SUMMER 0015350 45320 200.00 8/31/2006 72296 IMANAGED HEALTH NETWORK SEPT 06-EAP PREM 001 21115 1 144.72 $144.72 8/31/2006 72297 KAREN MAY CONTRACT CLASS-SUMMER 0015350 45320 8/31/2006 KAREN MAY 252.00 $972.00 CONTRACT CLASS-SUMMER 0015350 45320 720.00 8/31/2006 72298 MCE CORPORATION ROAD MAINTENANCE-JUN 06 0015554 45502 8/31/2006 MCE CORPORATION 63,192.61 $149,944.19 8/31/2006 MCE CORPORATION STORM DRAIN MAINT-JUN O6 0015554 45512 2,376.24 8/31/2006 MCE CORPORATION SIDEWALK MAINT-JUN O6 0015554 45504 14,124.03 8/31/2006 MCE CORPORATION SIDEWALK MAINT-JUN 06 0015554 45504 972.90 8/31/2006 MCE CORPORATION SIDEWALK MAINT-JUN O6 0015554 45504 35,120.85 8/31/2006 MCE CORPORATION RIGHT-OF-WAY MAINT-JUN O6 0015554 45522 4,093.86 8/31/2006 MCE CORPORATION RIGHT-OF-WAY MAINT-JUN O6 0015554 45522 11,988.56 8/31/2006 MCE CORPORATION RIGHT-OF-WAY MAINT-JUL 0015554 45522 3,183.49 ROAD MAINT-JUL O6 0015554 45502 7.269-nn Page 34 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept VEGETATION CONTROL-JUL 0015558 Acct # Amount Total Check Amount 8/31/2006 72298...MCE CORPORATION 45508 7,622.65 $149,944.19 ... 8/31/2006 72299 ITOM MEAGHER RECREATION REFUND 001 34720 22.001 $22.00 8/31/2006 72300 METROLINK MEMO CREDIT -TRANSIT 1125553 45535 -33,437.00 $298,920.75 8/31/2006 METROLINK CITY SUBSIDY -MAY 06 1125553 45533 8,232.05 8/31/2006 72302 METROLINK METROLINK PASSES -MAY 06 1125553 45535 31,878.20 $72.60 8/31/2006 METROLINK CITY SUBSIDY -JUN 06 1125553 45533 14,633.38 8/31/2006 72303 METROLINK METROLINK PASSES -JUN 06 1125553 45535 55,184.37 $200.00 8/31/2006 METROLINK CITY SUBSIDY -SEPT 06 1125553 45533 15,583.24 8/3112006 72304 METROLINK METROLINK PASSES -SEPT 06 1125553 45535 59,395.76 $7,811.00 8/31/2u06 METROLINK CITY SUBSIDY -AUG 06 1125553 45533 15,583.24 8/31/2006 72305 METROLINK METROLINK PASSES -AUG 06 1125553 45535 59,395.76 $204.00 8/31/2006 METROLINK CITY SUBSIDY -JULY 06 1125553 45533 14,855.17 8/31/2006 72306 METROLINK METROLINK PASSES -JULY 06 1125553 45535 57,616.58 $144.00 8/31/2006 1 72301 IMIG INC DESIGN SVCS -PAUL GROW PK 2505310 1 46415 1 4,797.27 $4,797.27 8/31/2006 BASSAM OTHMAN PK RENTAL -DBC 001 36615 -75.00 8/31/2006 72302 IPATRICK MONTOYA CONTRACT CLASS -SUMMER 0015350 1 45320 1 72.601 $72.60 8/31/2006 72303 IMELANIE NABLE PK REFUND -HERITAGE 001 23002 200.001 $200.00 8/31/2006 72304 INORRIS REPKE INC ENGINEERING SVCS-JUL 06 0015510 45221 7,811.00 $7,811.00 8/31/2006 72305 HEATHER NUQUES ICONTRACT CLASS -SUMMER 0015350 1 45320 204.001 $204.00 8/31/2006 72306 JONTARIO ICE SKATING CENTER ICONTRACT CLASS -SUMMER 1 0015350 1 45320 144.001 $144.00 8/31/2006 72307 BASSAM OTHMAN PK REFUND -DBC 001 23002 850.00 $503.00 8/31/2006 BASSAM OTHMAN PK RENTAL -DBC 001 36615 -75.00 8/31/2006 72309 BASSAM OTHMAN PK RENTAL -DBC 001 36610 -272.00 $78.00 8/31/2006 72308 JPAETEC COMMUNICATIONS INC. LONG DIS CHRGS-AUG/SEPT 1 0014090 1 42125 1 823.501 $823.50 8/31/2006 72309 ISHAILESH PARIKH RECREATION REFUND 001 134780 1 78.001 $78.00 8/31/2006 72310 1PROTECTION SERVICE INDUSTRIES LP JALARM SVCS -HERITAGE PK 1 0015340 1 42210 1 74.761 $119.76 Page 35 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 42210 45.001 8/31/2006 8/31/2006 Total Check Amount $119.76 ... 8/31/2006 72310... 1PROTECTION SERVICE INDUSTRIES LP JALARM SVCS -DBC 0015340 8/31/2006 I 72311 IEVA RUBIO PK REFUND -DBC nn1 23002 . $ 322.00 72319 8/31/2006 72312 SAN GABRIEL VALLEY CITY MGR ASSC IMEMBERSHIP DUES -FY 06/07 0014030 42315 55.001 $55.00 TRNG-ALARM SOFTWARE 8/31/2006 72313 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -LIBRARY BOND 0014030 42390 940.30 $940.30 46235 1 8/31/2006 8/31/2006 72314 SECTRAN SECURITY INC. SECTRAN SECURITY INC. COURIER SVCS -JULY 06 COURIER SVCS -AUG 06 0014090 0014090 44000 44000 294.32 294.32 $588.64 8/31/2006 1 72320 THE COMDYN GROUP INC CONSULTING SVCS -WK 8/17 0014070 44000 1 900.00 8/31/2006 8/31/2006 1 72315 ISMART 8, FINAL SMART & FINAL ci IPPI iFs_neV r eILao SUPPLIES -COMM SVCS ,� VV I:1J:JV 0015350 41LUu 41200 IUU.by 44 74 $145.33 8/31/2006 1 72321 8/31/2006 8/31/2006 8/31/2006 8/31/2006 72316 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 ELECT SVCS -TRAFFIC CONTRL ELECT SVCS -TRAFFIC CONTRL ELECT SVCS -TRAFFIC CONTRL 1385538 0015510 0015510 0015510 42126 42126 42126 42126 52.93 36.77 19.25 109.07 $218.02 8!31/2006 8/31/2006 72317 ISOUTHERN SOUTHERN CALIFORNIA GAS COMPANY CALIFORNIA GAS COMPANY GAS SVCS -HERITAGE PK GAS SVCS -DBC 0015340 1 0015333 t 42126 42126 62.88 150.11 0014030 $212.99 15.00 $15.00 8/31/2006 8/3112006 8/31/2006 72318 TED STAMEN TED STAMEN TED STAMEN TRNG-A JORDAN TRNG-C BRADLEY TRNG-D SEILER 0015310 0015310 0015310 42330 42330 42330 250.00 250.00 250.00 $750.00 8/31/2006 1 72319 SUNGARD PENTAMATION TRNG-ALARM SOFTWARE 1185098 46235 1 189.97 $189.97 8/31/2006 1 72320 THE COMDYN GROUP INC CONSULTING SVCS -WK 8/17 0014070 44000 1 900.00 $900.00 8/31/2006 1 72321 THE KOREA TIMES INC LEGAL AD -LIBRARY BOND 0014030 1 42390 1 1,051.00 $1,051.00 8/31/2006 I 72322 THREE VALLEYS MUNICIPAL WATER DIST MTG-CMGR 8117 0014030 42325 15.00 $15.00 8/31/2006 1 72323 TOSHIBA BUSINESS SOLUTIONS ICOPIER MAINT-DBC 0015333 1 42200 1 75.40 $75.40 8/31/2006 72324 TRUGREEN LANDCARE ADDL MAINT-PAUL GROW PK 1 0015340 1 42210 1 240.91 $4,444.59 Page 36 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 42210 Amount 1,463.68 Total Check Amount $4,444.59 ... 8/31/2006 72324... TRUGREEN LANDCARE ADDL MAINT-DIST 38 1385538 8/31/2006 11.48 TRUGREEN LANDCARE ADDL MAINT-DIST 39 1395539 42210 700.00 00140905 8/31/2006 14.73 TRUGREEN LANDCARE ADDL MAINT-PANTERA PK 0015340 42210 600.00 2505310 8/31/2006 118.12 TRUGREEN LANDCARE ADDL MAINT-JULY 4TH 0015340 1 42210 1,440.00 0015340 8/31/2006 1 72325 JEUFEMIA TUINZING IRECREATION REFUND 001 134780 1 25.00 $25.00 8/31!2006 72326 UNITED PARCEL SERVICE EXPRESS MAIL -LAND SLIDE 2505310r46415 5 54.28 $198.61 8/31/2006 UNITED PARCEL SERVICE EXPRESS MAIL -GENERAL 00140901 42210 11.48 8/31/2006 UNITED PARCEL SERVICE EXPRESS MAIL -GENERAL 00140905 42210 14.73 8/31/2006 UNITED PARCEL SERVICE EXPRESS MAIL -LAND SLIDE 2505310 45300 118.12 8/31/2006 1 72327 JUNITED STATES POSTAL SERVICE BULK MAIL PERMIT -3339 1 0014095 1 42120 1 18,000.001 $18,000.00 8/31/2006 72328 VALLEY CREST LANDSCAPE MAINT INC MAINT-SUMMITRIDGE PK 0015340 42210 9,435.00 $77,858.24 8/31/2006 VALLEY CREST LANDSCAPE MAINT INC MAINT-SUMMITRIDGE PK 0015340 42210 11,750.00 8/31/2006 VALLEY CREST LANDSCAPE MAINT INC MAINT-SUMMITRIDGE PK 0015340 42210 24,837.00 8/31/2006 VALLEY CREST LANDSCAPE MAINT INC MAINT-DBC JUL 06 0015333 45300 5,181.00 8/31/2006 VALLEY CREST LANDSCAPE MAINT INC MAINT-PARKS JUL 06 0015340 45300 10,425.00 8/31/2006 VALLEY CREST LANDSCAPE MAINT INC MAINT-DBC AUG 06 0015333 45300 5,243.57 8/31/2006 IVALLEY CREST LANDSCAPE MAINT INC MAINT-PARKS AUG 06 0015340 45300 10,986.67 8/31/2006 72329 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 90.16 $813.18 8/31/2006 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 67.15 8/31/2006 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 90.12 8/31/2006 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 24.44 8/31/2006 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 90.11 8/31/2006 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 89.91 8/31/2006 VERIZON CALIFORNIA PH.SVCS-PETERSON PK 0015340 42125 91.56 8/31/2006 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 89.91 8/31/2006 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 89.91 8/31/2006 IVERIZON CALIFORNIA PH.SVCS-R REAGAN PK 0015340 42125 89.91 8/31/2006 72330 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 114.55 $281.74 8/31/2006 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 46.23 8/31/2006 VERIZON WIRELESS -LA CELL CHRGS-GENERAL 0014090 42125 0.05 Page 37 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/31/2006 72337 VISION SERVICE PLAN SEPT 06 -COBRA VISION 0014090 0014070 0014070 21107 46.77 $1,256.32 8/3112006 8/31/2006 8/31/2006 72330... VERIZON WIRELESS -LA VERIZON WIRELESS -LA VERIZON WIRELESS -LA CELL CHRGS-GENERAL CELL CHRGS-DESFORGES CELL CHRGS-AZIZ 42125 42125 42125 0.05 60.43 60.43 1 $281.74... 1 8/31/2006 72331 VISION INTERNET PROVIDERS INC WEB HOSTING SVCS -AUG 06 0014070 1 44030 1 150.001 $150.00 8/31/2006 72332 VISION SERVICE PLAN SEPT 06 -VISION PREM 001 21107 1,198.70 $1,245.47 8/31/2006 72337 VISION SERVICE PLAN SEPT 06 -COBRA VISION 001 21107 46.77 $1,256.32 8/31/2006 1 72333 1W.W. GRAINGER INC. SUPPLIES -DBC 1 0015333 1 41200 1 24.881 $24.88 8/31/2006 72334 WAXIF CANITAPV SI IPPLV SUPPLIES-DOYLE 0014030 41200 24.75 $269.75 8/31/2006 72337 WELLS FARGO BANK SUPPLIES -UB% U015333 41200 730.88 $1,256.32 8/31/2006 72342 IWAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PK 0015340 42210 369.98 8/31/2006 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PARK 0015340 42210 155.46 8/31/2006 72335 WELLS FARGO BANK SUPPLIES-DOYLE 0014030 41200 24.75 $269.75 8/31/2006 72337 WELLS FARGO BANK ICJPIA CONF-DOYLE 0014030 42330 245.00 $800.03 8/31/2006 1 72336 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 258.98 $258.98 8/31/2006 72337 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 800.031 $800.03 8/31/2006 72338 WELLS FARGO BANKCAJIPA CONF-CMGR 0014030 42330 1 245.00 $274.21 8!31/2006 WELLS FARGO BANK MTG-CMGR/COUNCIL 0014030 42325 29.21 8/31/2006 1 72339 IWESTBROOK TECHNOLOGIES INC CONSULTING SVCS-JUL 06 1 0014090 1 44000 1 7,100.001 $7,100.00 8/31/2006 72340 WINDOR IWINDOR HIP PROG-21223 SILVER CLD 1255215 1 44000 7,713.00 $8,538.00 8/31/2006 HIP PROG-21223 SILVER CLD 1255215 1 44000 825.00 9/6/2006 1 72341 ISTEVE TYEPER DIEM/LEAGUE OF CALIF 0014010 a��an 140 .001 ,ennn $140.001 9/7/2006 72342 JADELPHIA MODEM SVCS -COUNCIL 1 0014010 1 42130 1 46.951$46.95 9/7/2006 1 72343 JADVANTEC CONSULTING ENGINEERS INC ITRAFFIC SIGNAL -AUG 060015510 44000 2,881.60 $2,881.60 9/7/2006 1 72344 IMIKE ALLEN PK REFUND-SYC CYN PK 001 34740 50.001 $50.00 Page 38 Check Date I Check City of Diamond Bar - Check Register 08/10/06-09/13/06 Vendor Name Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 9/7/2006 1 72345 IKEITH ARNOLD PK REFUND -HERITAGE 001 123002 1 50.00 $50.00 9/7/2006 72346AT & T PH.SVCS-GENERAL 0014090 42125 39.36 $63.19 9/7/2006 72348 AT & T PH.SVCS-GENERAL 0014090 42125 23.83 $700.00 9/7/2006 I 72347 A-VIDD COMP EQ-DBTV 1 0014095 1 46230 1 797.181 Q 797.18 9/7/2006 72348 ISUSAN BAUTISTA JPK REFUND DBC 0011 23002 1 700.001 $700.00 9/7/2006 72349 IBENESYST 9/8/06-P/R DEDUCTIONS 1 001 1 21105 1 511.201 $511.20 9i/12006 72350 jBEST LIGHTING PRODUCTS---MAINT-REAGAN PK 0015340 1 42210 1 460.171 —$-460-171 9/7/2006 72351 BONTERRA CONSULTING INC. PROF.SVCS-FER 96-1 001 23011 1 .310.001 $310.00 9/7/2006 72352 ICAROLWOOD PRODUCTIONS IVIDEO SVCS-DBTV APR 06 0014095 1 44000 1,188.0ol $1,188.00 9/7/2006 72353 CDW GOVERNMENT INC. COMP EQ -HARDWARE 0014070 41300 6.50 $5,485.89 9/7/2006 72355 CDW GOVERNMENT INC. COMP EQ -HARDWARE 0014070 46230 3,963.90 $780.67 9/7/2006 CDW GOVERNMENT INC. COMP EQ -HARDWARE 0014095 46230 1,515.49 9/7/2006 I 72354 CAROL CHAN PK REFUND-PANTERA 1 nM 23002 50.001 m 50.001 9/7/2006 72355 IJEFF CHIAO REFUND -FPL 2006-186 1 001 23010 780.671 $780.67 9/7/2006 72356 CHINESE DAILY NEWS, INC —TAD-LEVY AD -LEVY SPECIAL TAXES 0014030 42390 820.00 $1,510.00 9/712006 72360 CHINESE DAILY NEWS, INC 2006-68 0014030 42390 690.00 $100.00 9/7/2006 1 72357 ICITY OF CHINO HILLS REIMB-FCTC SUMMIT 1 0014090 42325 3,040.jjj $3,040.31 9/7/2006 72358 COLOR ME MINE CONTRACT CLASS -SUMMER 0015350 1 45320 290.00 $368.40 9/7/2006 72360 COLOR ME MINE CONTRACT CLASS -SUMMER 0015350 1 45320 78.40 $100.00 9/7/2006 I 72359 COMLOCK SECURITY GROUP SUPPLIES -DBC 0015333 42210 2a07 126.071 m 9/7/2006 72360 ICOUNTY OF RIVERSIDE TRNG-E FLACKS 1 0015230 42340 100.001 $100.00 Page 39 Page 40 City of Diamond Bar - Check Register 08/10/06-09/13/06 Transaction Description Check Amount Check Date Check Number Vendor Name Fund/ Dept Acct #�Amo�untTotal 9/7/2006 72361 D & J MUNICIPAL SERVICES INC BLVD & SFTY SVCS-JUL 060015220 45000 $80,9137T4- 9/7/2006 72362 DAPEER ROSENBLIT & LITVAK LLP ILEGAL SVCS-JUL 06 0015230 45213 2,435.34 $2,435.34 9/7/2006 72363 DAVID EVANS AND ASSOCIATES INC IDESIGN SVCS -PETERSON PK 2505310 46415 2,684.00 $2,684.00 9/7/2006 72364 DAY & NITE COPY CENTER PRINT SVCS-PLNG 0015210 42110 267.38 $267.38 9/7/2006 72365 DELTA CARE PMI SEPT 06 -DENTAL PREM 001 21104 1 326.521 $326.52 9/7/2006 72366 DEPT OF TRANSPORTATION TRAFFIC SIGNAL-JUL 06 0015554 45507 483.62 $483.62 n nna I 917 •n I 72367 IDiAMOND BAR IMPROVEMENT ASSOCIATION IAD -SEPT 06 0014095 42115 1450 00 $45.0__0.0_ 9/7/2006 72368 DIVERSIFIED PARATRANSIT INC SHUTTLE SVCS -CONCERTS AUG 1125350 45310 797,81 $797.81 2006 72369 DMS CONSULTANTS CIVIL ENGINEERS INC INSPECTION SVCS -GRAND AVE 2505510 46411 39,795.00 $39,795.00 9/712006 72370 DOGGIE WALK BAGS INC SUPPLIES -PARKS 0015310 41200 416.07 $416.07 9/7/2006 72371 SALLY DUFF PK REFUND-PANTERA 001 23002 200.00 $200.00 9/7/2006 72372 EMELINDA LISING PK REFUND -DBC 001 23002 500.00 $500.00 9/7/2006 1 72373 JENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2002-63 001 23010 343.30 $343.30 9/7/2006 72374 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC AUG 9/7/2006 EXTERMINETICS OF SO CAL INC T 0015333 45300 40.00 $116.13 PEST CONTROL -DBC SEPT 0015333 45300 76.13 9/7/2006 72375 FEDEX EXPRESS MAIL-GENREAL 0014090 42125 92.53 9/7/2006 FEDEX $580.05 9/7/2006 FEDEX EXPRESS MAIL -FPL 2002-63 001 23010 24.73 9/7/2006 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 94.34 9/7/2006 FEDEX EXPRESS MAIL -FPL 2002-09 001 23010 19.12 9/7/2006 FEDEX EXPRESS MAIL -FPL 2005-143 001 23010 22.06 9/7/2006 FEDEX EXPRESS MAIL -FPL 2005-147 001 23010 28.01 9/7/2006 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 157.86 EXPRESS MAIL -FPL 2005-147 001 23010 21.75 Page 40 0015333 41200 City of Diamond Bar - Check Register 08/10/06-09/13/06 $319.41 MAINT-DBC 9/7/2006 27.96 HIRSCH PIPE AND SUPPLY INC 0015333 MAINT-DBC 9/7/2006 HIRSCH PIPE AND SUPPLY INC Check Date Check Number Vendor Name Transaction Description��Fund/pt ENTERTAINMENT -SR FESTIVAL Acct # Amount Total Check Amount $200.00 9R/2006 ?2375... FEDEX EXPRESS MAIL-GENERAL0 9/7/2006 $580.05 ... INLAND EMPIRE STAGES 42125 119.65 $1,040.00 45310 1,040.00 9/7/2006 72376 ROCIO FIGUEROA JPK REFUND -HERITAGE PK 001 1 9/7/2006 72388 $200.00 23002 200.00 $245.50 41400 245.50 9/7/2006 72377 FIRETECT SUPPLIES -RECREATION 0015350 9/7/2006 72389 ROBERTO KUCHICH 41200 187.60 $187.60 $500.00 23002 500.00 9/7/2006 72378 GALETON SUPPLIES -RECREATION 0015350 CITY OF LA VERNE PRKG CITE HRGS-AUG O6 $80.81 41200 9/7/2006 45405 GALETON SUPPLIES -COMM SVCS 9/7/2006 72391 9/7/2006 72379 WILLIAM GIEBE CONTRACT CLASS -SUMMER 0015350 45320 10.20 $10.20 23002 100.00 $100.00 9/7/2006 72380 GLADWELL GOVERNMENTAL SVCS INC FI FCTI(lNC Cvr Z_ei 1rn na , ---- - - - vviyvau 4wuuu 1y0.u0 $190.00 9/7/2006 72381 GLASS EYE PRODUCTIONS VIDEO SVCS -PUBLIC INFO 0014095 44000 1,940.00 $1,940.00 9/7/2006 72382 GRAND MOBIL EO MAINT-VEH 0015230 $468.33 42200 468.33 9/7/2006 72383 ELIZABETH GUTIERREZ PK REFUND -DBC 001 23002 350.00 $350.00 9/7/2006 72384 0015333 41200 HIRSCH PIPE AND SUPPLY INC $319.41 MAINT-DBC 9/7/2006 27.96 HIRSCH PIPE AND SUPPLY INC 0015333 MAINT-DBC 9/7/2006 HIRSCH PIPE AND SUPPLY INC MAINT-DBC 0015333 41200 52.85 $319.41 0015340 41300 27.96 $500.70 0015333 41200 244.05 $319.41 0015333 41200 44.91 $500.70 0015333 41200 30.45 9/7/2006 72385 HOME DEPOT CREDIT SERVICES SUPPLIES -COMM SVCS 0015310 $500.70 41200 500.70 9/7/2006 72386 NANCY HUPP ENTERTAINMENT -SR FESTIVAL 0015350 $200.00 45300 200.00 9/7/2006 72387 INLAND EMPIRE STAGES SR EXCURSION -TRANS 1125350 $1,040.00 45310 1,040.00 9/7/2006 72388 KEEP AMERICA BEAUTIFUL INC SUPPLIES -BAGS 1155516 $245.50 41400 245.50 9/7/2006 72389 ROBERTO KUCHICH PK REFUND -DBC 001 $500.00 23002 500.00 9R/2006 72390 CITY OF LA VERNE PRKG CITE HRGS-AUG O6 0014411 $130.00 45405 130.00 9/7/2006 72391 EVELYN CHRIS LAWRENCE PK REFUND -DBC 001 23002 100.00 $100.00 Page 41 Page 42 City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/7/2006 72392 LDM ASSOCIATES INC. 9/7/2006 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-216 001 23010 810.00 $2,133.75 9/7/2006 LDM ASSOCIATES INC. PROF -SVCS -FPL 2006-208 001 23010 112.50 9/7/2006 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-215 001 23010 761.25 9/7/2006 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-213 001 23010 225.00 PROF.SVCS-FPL 2006-209 001 23010 225.00 9/7/2006 72393 ISEN XIAO LI REFUND -FPL 2003-39 001 23010 1,432.20 $1,432.20 9/7/2006 72394 JSUSIEQ LOOR PK REFUND -HERITAGE 001 23002 1 50.00 $50.00 9/7/200672395 MIRIAM LOPEZ RECREATION REFUND 001 36615 450 00 $450 00 W7/2006 72396 IJOHN MAEDER RECREATION REFUND 001 9d7dn -.. ._ 40.00 n $40.00 2006 72397 JKIM MELROSE CONTRACT CLASS -SUMMER 0015350 45320 720.00 $720.00 2006 1 72398 IMOONLIGHT PRESS PRINT SVCS -RECEIPT BOOKS 0014090 42110 368.05 $368.05 9/7/2006 72399 IMUNICIPAL ENGINEERING RESOURCES CONSULTING SVCS -8/16-8/31 0015510 45221 2,847.50 $2,847.50 9/7/2006 72400 INATIONAL ARBOR DAY FOUNDATION MEMBERSHIP DUES -A TARAZON 0015350 42315 15.00 $15.00 9/7/2006 72401 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 8/11 9/7/2006 OLYMPIC STAFFING SERVICES 0015510 44000 926.80 $3,984.42 9/7/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 8/18 0015510 44000 926.80 9/7/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 8/6 0014050 44000 185.36 9/7/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 8/13 0014050 44000 915.22 9/7!2006 OLYMPIC STAFFING SERVICES TEMP SVCS -FPL 2004-67 001 23010 51.72 9/7/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -FPL 2005-147 001 23010 51.72 TEMP SVCS -WK 8/25 0015510 1 44000 926.80 9//2006 1 72402 ISANDY ORELLANO PK REFUND-PANTERA 001 23002 50.00 $50.00 9//2006 1 72403 JORIENTAL TRADING COMPANY INC SUPPLIES -COMM SVCS 0015350 41200 150.38 $150.38 9//2006 72404 ITOM ORMAN PK REFUND -DBC 001 23002 350.00 $350.00 2006 1 72405 JPEPR GRAPHICS PRINT SVCS BUS CARDS 0014095 42110 60 00 $60.00 Page 42 Check Date ICheck City of Diamond Bar - Check Register 08/10/06-09/13/06 Vendor Name 9/7/2006 72406 PERS RETIREMENT FUND 9/7/2006 PERS RETIREMENT FUND 9/7/2006 PERS RETIREMENT FUND Transaction Description RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT Fund/ Dept I Acct # I Amount 001 21109 13,036.55 001 21109 8,257.72 001 1 21109 43.71 Total Check Amount $21,337.98 9/7/2006 172407 POMONA JUDICIAL DISTRICT IPARKING CITATION FEES -AUG 001 77F32230 I 2,040.00 $2,040.00 9/7/2006 9/7/2006 72408 R & D BLUEPRINT R & D BLUEPRINT PRINT SVCS-PLNG 0015210 23002 130.13 42110 50.34 $70.34 72412 ANAIS DE LA RIONDA REFUND -PARKING CITATION PRINT SVCS -FPL 2005-147 001 23010 10.00 305.001 9/7/2006 LEGAL AD -FPL 2002-63 R & D BLUEPRINT PRINT SVCS -FPL 2004-67 001 23010 5.00 9/7/2006 9/7/2006 LEGAL AD -FPL 2006-202 R & D BLUEPRINT PRINT SVCS -FPL 2004-67 001 23010 5.00 1,342.901 9/7/2006 I 72409 IR F DICKSON COMPANY DEBRIS DIVERSION-JUL06 1155515 .5500 -" ���/�/ YJJVV3,400.61 $.3,480.61 9/7/2006 72410 RALPHS GROCERY/FOOD 4 LESS 9/7/2006 RALPHS GROCERY/FOOD 4 LESS 9/7/2006 RALPHS GROCERY/FOOD 4 LESS SUPPLIES -GENERAL SUPPLIES -GENERAL 0014090 1 42325 1 36.87 $132.73 0014090 42325 26.98 0014090 42325 68.88 917/2006 72411 GLADYS RAMIREZ PK REFUND -HERITAGE 1 001 23002 130.13 200.00 $200.00 9/7/2006 72412 ANAIS DE LA RIONDA REFUND -PARKING CITATION 001 32230 1 9/7/2006 9/7/2006 305.001 $305.00 9/7/2006 9/7/2006 72413 SAN GABRIEL VALLEY TRIBUNE SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2005-169 LEGAL AD -FPL 2002-55 001 23010 130.13 $1,041.78 9/7/2006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2006-218 001 001 23010 23010 130.13 9/7/2006 9/7/2006 ISECTRAN SECURITY INC. SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2002-63 001 23010 211.80 294.32 9/7/2006 9/7/2006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2006-202 001 23010 211.80 227.78 9/7/2006 1,342.901 SAN GABRIEL VALLEY TRIBUNE LEGAL AD-PLNG 0015210 42115 130.14 0014095 9/7/2006 I 72414 ISECRETARY OF STATE FILING FEE-FC`TC` _ - - :CTC 0014010 � YV � 423 YGJJJ 20.001 $LU.UU 9/7/2006 72415 ISECTRAN SECURITY INC. ICOURIER SVCS -SEPT 06 0014090 44000 294.32 $294.32 9/7/2006 72416 ISIGN CONTRACTORS INC BANNERS -COMM SVCS 0015350 45300 1,342.901 $1,342.90 9/7/2006 72417 ISIMPSON ADVERTISING INC PHOTOGRAPHY SVCS -DBC 0014095 44000 1,260.681 $1,260.68 Page 43 � J City of Diamond Bar - Check Register 08/10/06-09/13/06 Check Date Check Number Vend N Transaction Description Fund/ Dept or ame 9/7/2006 72418 SMART & FINAL 9/7/2006 SMART & FINAL 9/7/2006 SMART & FINAL 9/7/2006 42126 42126 42126 42126 42126 42126 SMART & FINAL 9/7/2006 72419 SOUTHERN CALIFORNIA EDISON 9/7/2006 SOUTHERN CALIFORNIA EDISON 9/7/2006 SOUTHERN CALIFORNIA EDISON 9/7/2006 SOUTHERN CALIFORNIA EDISON 9/7/2006 SOUTHERN CALIFORNIA EDISON 9/7/2006 SOUTHERN CALIFORNIA EDISON 9/7/2006 SOUTHERN CALIFORNIA F_nl_cn_ti 9/7/2006 1 SOUTHERN CALIFORNIA EDISON 9/7/2006 SOUTHERN CALIFORNIA EDISON 9/7/2006 7 Transaction Description Fund/ Dept !cct#FAnTotal Check AmountUU15350 BINGO BINGO SUPPLIES -DBC 0015350 0015350 0015333 41200 41200SUPPLIES-SR 41200 41200 167.67 $653.30SUPPLIES-SR ELECT SVCS -DIST 38 ELECT SVCS -DIST 39 ELECT SVCS -TRAFFIC CONTRL ELECT SVCS -DIST 41 ELECT SVCS -PARKS ELECT SVCS -TRAFFIC CONTRL 1385538 1395539 0015510 1415541 0015340 0015510 42126 42126 42126 42126 42126 42126 290.56 258.89 192.97 87,16 4,429.82 21.65 $6,042.88 9/7/2006 CLEI. I S'vCS-I RAFFIC CONTRL ELECT SVCS -TRAFFIC CONTRL ELELCT SVCS -DIST 38 0015510 0015510 1385538 42126 42126 42126 32.51 703.20 28,12 2420 SOUTHERN CALIFORNIA WASTE MGMNT FRM CONF REGISTRATION -J LEE 1155515 4234D 90.00 $90.00 9/7/2006 72421 THE KOSMONT COMPANIES PROF.SVCS-JUL 06 0015240 44000 1,350.OD $1,350.00 9/7/2006 72422 113RENDA TRUJILLO PK REFUND-PANTERA 001 23002 50.00 9!7/2006 72423 UNITED PARCEL SERVICE $50.00 EXPRESS MAI )BC 2505310 46415 27.14 $27.14 9/7/2006 72424 UNITED SITE SERVICES OF CALIFORNIA EQ RENTAL -CONCERTS 0015350 42130 454.131 $454.13 9/7/2006 72425 US POSTMASTER POSTAGE -METER 0014090 42120 5,000.00 $5,000.00 9/712006 72426 VANTAGEPOINT TRNSFR AGNTS-303248 9/08/06-P/R DEDUCTIONS 001 21108 26,733.64 $26,733.64 9/7/2006 72427 LORRAINE VELARDE PK REFUND-PANTERA 001 23002 50.00 $50.00 9/7/2006 72428 VERI, CALIFORNIA 9/7/2006 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 312.24 $675.12 9/7/2006 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 67.01 9/7/2006 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 89.91 9/7/2006 VERIZON CALIFORNIA PH.SVCS-PETERSON 0015340 42125 gg.g1 PH.SVCS-DATA MODEM 0014090 42125 55.88 Page 44 Page 45 ,, .. City of Diamond Bar - Check Register 08/10/06-09/13/06 Total Check Amount Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 9/7/2006 72428... VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 60.17 $675.12 ... 9/7/2006 72429 JOSEPH VILLEGAS RECREATION REFUND 001 36615 400.00 $400.00 9/7/2006 72430 WALNUT VALLEY UNIFIED SCHOOL DIST 111FACILITYRIENTAL-JUN 060015350 42140 1,140.00 $1,140.00 9/7/2006 72431 WELLS FARGO BANK MTGS-COUNCIL $964.53 0014010 42330 264.72 9/7/2006 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 535.00 9/7/2006 WELLS FARGO BANK MTGS-CALTRANS COUNCIL 0014010 42330 164.81 9/7/2006 72432 WEST COAST MEDIA AD -ONLINE SVCS SEPT 001409542115 475.00 $475.00 9/7/2006 I 72433 ISARA WEST EMPLOYEE COMP PURCHASE 0014060 42348 stao �oQQen �� 9/7/2006 72434 SARA WEST EMPLOYEE COMP PURCHASE $869.39 001406042348 869.39 9/7/2006 72435 ANDREA WOOD-OROZCO RECREATION REFUND 001 34760 130.00 $130.00 9/7/2006 72436 IFELIX XU PK REFUND -DBC 001 23002 500.00 $500.00 9/7/2006 72437 AUSTIN YUEN PK REFUND -DBC 001 23002 350.00 $350.00 9/1212006 72438 DELTA DENTAL SEPT 06 -DENTAL PREM 001 21104 9/12/2006 DELTA DENTAL SEPT 06 -COBRA PREM 2,466.57 $2,698.79 001 21104 232.22 9/12/2006 72439 EMPLOYMENT DEVELOPMENT DEPARTMENT UNEMPLOYMNT CHRGS-2ND QTR 0014090 40093 313.00 $313.00 8/31/2006 1 WT#12 JUNION BANK OF CALIFORNIA, NA DBC -LEASE PYMT SEPT 0014090 42140 64,875.95 $64,875.95 $3,090,792.12 Page 45 CITY COUNCIL TO: Honorable Mayor and Members f the City Council VIA: James DeStefano, City Man e TITLE: Treasurer's Statement — ,July 2006 RECOMMENDATION: Approve the July 2006, Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.5 Meeting Date: Sept 19, 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 July cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 05-06 year end the statement being presented has been termed preliminary. Once the year end numbers have been finalized revised June and July treasurer's statements will be represented to the City Council for approval. REVIEW BY: Linda G. Magnuson, Finance Director Depar t Head a@ Assistant City Manager Attachments: Treasurer's Statement, Investment Portfolio Report CASH WITH FISCAL AGENT: US TREASURY Money Market Account 23,280.20 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS 34,967,144.27 TOTAL CASH $35,126,821.04 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. )naove summary provides sufficient cash flow liquidity to meet the next six month's ed p itures. James DeStefan ,Treasurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT - PRELIMINARY July 31, 2006 BEGINNING BALANCE RECEIPTS DISBURSEMENTS TRANSFERS IN OUT ENDING GENERAL FUND LIBRARY SERVICES FUND $29,520,656.97 $1,885,363.15 $1,762,686.36 ($59,900.74) BALANCE $29,583,433.02 COMMUNITY ORG SUPPORT FD 0.00 5,985.32 0.00 GAS TAX FUND 736,766.93 2,000.00 3,985.32 TRANSIT TX PROP A) FD ( TRANSIT TX (PROP C) FD 1,047,273.49 65,877.20 58,223.24 736,766.93 1,054,927.45 ISTEA Fund 1,559,987.74 283,112.67 1,559,987.74 INTEGRATED WASTE MGT FD 485,831.94 45,665.00 AB2928-TR CONGESTION RELIEF FD 9,649.26 283,112.67 521,847.68 AIR QUALITY IMPRVMNT FD 193,851.12 75,068.45 94,304.23 268,919.57 TRAILS & BIKEWAYS FD 31,083.00 18'728'08 75,576.15 PARK FEES FD PROP A - SAFE PARKS ACT FUND 19,575.00 (2,016.41) 31,083.00 19,575.00 PARK & FACILITIES DEVEL. FD 1,949,022 22 (2,016.41) COM DEV BLOCK GRANT FD (9'9,658.42) 1,949,022.22 CITIZENS OPT -PUBLIC SAFETY FD 219 35,955.85 (135,614.27) NARCOTICS ASSET SEIZURE FD ,629.86 3 219,629.86 CA LAW ENFORCEMENT EQUIP PRGI 74,243.51 ,911.83 455.89 327,455.94 LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD (69,495.87) 7,993.19 147,494.37 26,326.77 74,243.51 (87,829.45) LANDSCAPE DIST #41 FD 4,621.01 21(),920.39 2,533.34 17,501.06 134,614.32 GRAND AV CONST FUND 0.00 14,034.93 205,418.80 CAP IMPROVEMENT PRJ FD �_ (3,046,087.25) 0.00 SELF INSURANCE FUND 1 16,238.46 (3,055,325.71) EQUIPMENT REPLACEMENT FUND 141,775.1818 216,428.00 1,159,707.88 COMPUTER REPLACEMENT FUND 32,244.51 142,775.11 PUBLIC FINANCING AUTHORITY FUNI 287,019.84 911.28 TOTALS 324,551.66 59,900.74 32,244.51 $35,535 567.98 $2,088,032.62 $2,496,779.56 $0.00 23,280.20 $35,126,821.04 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $147,421.49 PAYROLL ACCOUNT 11,005.28 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS $159,676.77 INVESTMENTS: US TREASURY Money Market Acct. $1,530,174.73 LOCAL AGENCY INVESTMENT FD 27,413,689.34 FED HOME LOAN BANK NOTE - 1.0 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 1,000,000.00 FED FARM CREDIT NOTE - 2.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 23,280.20 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS 34,967,144.27 TOTAL CASH $35,126,821.04 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. )naove summary provides sufficient cash flow liquidity to meet the next six month's ed p itures. James DeStefan ,Treasurer CITY OF DIAMOND BAR 2005-06 Actual Interest Income $1,253,196.23 2006-07 Budgeted Interest Income $851,500.00 Actual Year -To -Date Interest Income $ 3,021.33 Percent of Interest Received to Budget 0.355% (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 INVESTMENT PORTFOLIO REPORT (Preliminary) for the Month of July 2006 Institution Investment Type Rating Purchase Maturity Date Amount Fair Market Monthly Interest Interest Received Date Term At Cost Value Accrued in July'06 Rate Yield State of California Local Agency Inv Fund AAA Wells Fargo Bank 9 US Treasury Money Market AAA 27,413,689.34 27,363,956.00 110,774.15 - 4.849% 4.849% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 1,530,174.73 1,530,174.73 -° 2,110.05 4.530 /° 4.530% Union Bank -(Fiscal Agent) Local Agency Inv Fund AAA 23,280.20 23,280.20 911.28 5.100% 5.100% - 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 Wells Fargo Inst Securities Federal Home Loan Note AAA 10/20/05 04/20/07 997,500.00 3,375.00 4.050% 4.050% (1) Wells Fargo Inst Securities Federal Home Loan Note AAA 11/09/05 1.5 Yr 05/09/07 1.5 Yrs 1,000,000.00 991,500.00 3,541.67 4.250% 4.250 /o (2) Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 1,000,000.00 993,500.00 3,833.33 4.600% 4.600% (5) Wells Fargo Inst Securities Federal Farm Credit Note AAA 09/27/05 2.0 Yrs 03/27/08 2.5 Yrs 1,000,000.00 988,500.00 3,625.00 4.350% 4.350% (3) Wells Fargo Inst Securities Federal Home Loan Note AAA 06/27/06 06/27/08 2.0 Yrs 1,000,000.00 987,400.00 3,783.33 4.540°% 4.540% (4) 1,000,000.00 998,900.00 4,666.67 - 5soo / s ann°i ray Totals for month Less Investments matured during the month $ 34,967,144.27 $ 34,874,710.93 $ 133,599.15 $ 3,021.33 Total Investments at 07/31/06 0.00 0.00 $ 34,967,144.27 $ 34,874,710.93 2005-06 Actual Interest Income $1,253,196.23 2006-07 Budgeted Interest Income $851,500.00 Actual Year -To -Date Interest Income $ 3,021.33 Percent of Interest Received to Budget 0.355% (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 Agenda # 6.6 Meeting Date: September 19, 2006 CITY COUNCIL AGENDA REPORT I�OIt'f'UftA��v� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Rejection of Claim — Filed by Sus n Proznick— July 5, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Susan Proznick. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $15,694. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On July 5, 2006, Susan Proznick filed a Claim for Damages with the City alleging that roots from a City owned tree caused damage to her sewer. It is recommended that the City deny the claim and forward said claim to the contractor for further disposition. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye ins, City Clerk REVIEWED BY: Asst. City Manager CITY COUNCIL TO: Honorable Mayor and Mem FROM: James DeStefano, City Mana e City Council Agenda 9 6.7 Meeting Date: 9/19/06 AGENDA REPORT TITLE: AWARD OF CONTRACT TO ZUSSOR COMPANY, INC. FOR THE CONSTRUCTION OF SLOPE REPAIRS AT THE DIAMOND BAR CENTER IN THE AMOUNT OF $267,010, PLUS A CONTINGENCY OF $26,700 (10%) FOR A TOTAL AUTHORIZATION OF $293,710; AND APPROPRIATION OF $305,000 FROM GENERAL FUND RESERVES TO FULLY FUND THIS PROJECT. RECOMMENDATION: Award contract and approve appropriation. FINANCIAL IMPACT: Contractor cost to construct this project is $267,010, plus a contingency amount of $26,700 (10%) for a total contractor authorization of $293,710. Costs for construction inspection and plan check should total approximately $11,290, bringing the total cost for construction to $305,000. According to correspondence received from the Governor's Office of Emergency Services (OES) dated January 5, 2006, 100% of the $305,000 cost will be reimbursed by the State of California. There are currently no funds included in the 2006/07 FY budget for this project. Appropriation of $305,000 from General Fund reserves is necessary to complete this project. Staff expects this entire amount to be reimbursed by OES after construction of the project is completed. BACKGROUND: Three slopes at the Diamond Bar Center suffered a surficial slide during the winter storms in 2005. Federal and state! disaster declarations for the period of time these slides occurred make the costs for repair work eligible for reimbursement by OES and FEMA. Staff contracted with a civil engineer, Group Delta Consultants, to evaluate the slides and to develop plans and specifications to repair the slides. The plans and specifications were released to receive bids from construction contractors on August 7, 2006. Three bids were received and opened on September 12, 2006. Bids ranged from a low of $267,010 to a high of $356,936.50. The apparent low bidder is Zusser Company, Inc. DISCUSSION: Staff checked the status of the contractor license of Zusser Company, Inc. with the State of California and it is active and clear. Staff checked references provided by the contractor and there were no concerns presented. If this contract is awarded on September 19, repair work by the contractor should begin by mid to late October. The contract allows 30 days to complete the work, so it should be completed by mid to late November. Construction inspection work for this project will be done by Arroyo Geotechnical. Plan check was done by D & J Municipal Services. Director of Community Services Attachments: Agreement Bid Submittal / Opening Results co 01 (2) CITY OF DIAMOND BAR Rin R11RMITTAI 1^00 n►,n PAGE OF 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 Zusser Company, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and and; WHEREAS, City did accept the bid of CONTRACTOR Zusser Company, Inc. WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Landslide Repair at the Diamond Bar Center in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Landslide Repair at the Diamond Bar Center in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated July 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 September 11, 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. 3. The CONTRACTOR agrees to complete the work within 30 calendar days from the date of the notice to proceed. 4, 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. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City :nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers" Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. 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 insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 off 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. 8. 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. 9. 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. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") 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 Indemnities against and will hold and save Indemnities 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 Indemnities harmless therefrom. In the event Indemnities 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 Indemnities and any all costs and expenses incurred by Indemnities 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 Indemnities 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 Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 11. 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. 12. 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 September 11, 2006 13. ATTORNEY'S ]FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. 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. CONT'RACTOR'S NAME ADDRESS Date CONTRACTOR'S Business Phone: CONTRACTOR'S Emergency Phone: By: TITLE: CITY OF DIAMOND BAR, CALIFORNIA Date CAROL HERRERA MAYOR ATTEST: By: Date APPROVED AS TO FORM: CITY ATTORNEY Date TOMMYE CRIBBINS CITY CLERK CITY COUNCIL Agenda # 6 - 8 Meeting Date: 9/19/06 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: ADOPTION OF RESOLUTION NO. 2006 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA RIVER GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50) FOR THE SYCAMORE CANYON PARK TRAIL PHASE III PROJECT. RECOMMENDATION: Adopt. BACKGROUND: The City Council adopted the Trails Master Plan in May 2001. The highest priority project is a trail through Sycamore Canyon Park. The trail to the water fall and the trail head at Diamond Bar Blvd. are already completed. Following this construction, the next priority is for the trail improvements connecting these two ends, Phase III of the Sycamore Canyon Park Trail Project. This will add about 1/5 of a mile to the developed portion of the trail. Estimated cost to construct these improvements is $299,200. DISCUSSION: Staff is preparing a grant application for the California River Parkways Grant Program. The application is due October 17, 2006. This resolution is a required element of the grant application. Director of Community Services Resolution No: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50) FOR THE SYCAMORE CANYON PARK TRAIL PHASE III PROJECT WHEREAS, the Legislature and Governor of the State of California have provided Funds for the program shown above; and WHEREAS, the Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the State Resources Agency require a resolution certifying the approval of application by the applicant governing board before submission of said application to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the project NOW, THEREFORE, BE IT RESOLVED that the City Council 1. Approves the filing of an application for the Sycamore Canyon Park Trail Phase III; and 2, Certifies that applicant understands the assurances and certification in the application; and 3. Certifies that applicant will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on projects awarded Proposition 50 Funds; and 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained; and 6. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED AND ADOPTED this . da of Y , 2006. CAROLHERRERA Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 19th, day of September 2006, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS TOMMYE CRIBBINS, City Clerk City of Diamond Bar CITY COUNCIL Agenda No. 6.9 Meeting Date: 9/19/06 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: ADOPTION OF RESOLUTION NO. 06 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM UNDER THE "SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS" FOR THE SYCAMORE CANYON PARK TRAIL PHASE IV PROJECT. RECOMMENDATION: Adopt. BACKGROUND: The City Council adopted the Trails Master Plan in May 2001. The highest priority project is a trail through Sycamore Canyon Park. Sycamore Canyon Park Trail Phase IV trail/overlook will develop the trail that backs up to the residents of Rio Lobos and will add about 1/3 of a mile to the developed portion of the trail. Estimated cost to construct these improvements is $ 346,500. DISCUSSION: Staff is preparing the Recreational Trails Program grant application. The application is due October 2, 2006. This resolution is a required element of the grant application. Director of Community Services Resolution No: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR THE SYCAMORE CANYON PARK TRAIL PHASE IV PROJECT WHEREAS, the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users provides funds to the State of California for Grants to state, local and non-profit organizations to acquire, develop and/or maintain motorized and non - motorized trail purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the applicant, will enter into a Contract with the State of California to complete the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: Approves the filing of an application for the Recreational Trails Program; and 2. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, sufficient funds to operate and maintain the project; and 3. Certifies that the Grantee has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project.. 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. PASSED, APPROVED AND ADOPTED this 2006. day of CAROLHERRERA Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 19th, day of September 2006, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS TOMMYE CRIBBINS, City Clerk City of Diamond Bar Agenda # 6.10 Meeting Date: September 19 2006 CITY COUNCIL' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manae TITLE: APPROVE CONTRACT AMENDME T IN THE AMOUNT OF $40,000 WITH NORRIS-REPKE FOR ENGINEERING SUPPORT SERVICES. RECOMMENDATION: Approve. FINANCIAL IMPACT: The proposed services will be funded through Public Works Department salary and benefit savings. BACKGROUND: The Junior Engineer position within the Public Works Department has been vacant since December 2005. The recruitment process is underway and not expected to be completed until Oct./Nov 2006. There are a number of land development projects, Public Works Service requests and front counter activities which require immediate and continuous attention. Since February of 2006, Norris-Repke has provided assistance through an experienced technician to support various land development projects as well as handling the majority of customer service questions over the phone and at the front counter. DISCUSSION: Currently, Norris-Repke provides 40 hours of service a week to the City. At the City's request, Norris-Repke is proposing to continue (providing service to the City until the Junior Engineer position has been filled. To date, almost $60,000 has been expended for various tasks assigned to Norris-Repke out of the amended contract amount of $64,000. Upon approval of this amendment #2, the total contract amount with Norris-Repke will be $104,000. To continuously support the City's professional capabilities in a timely mariner, an updated proposal has been requested and is attached. PREPARED BY: Kimberly Molina, Associate Engineer Date prepared: September 5, 2006 REVIEWED BY,;,,,- David Y;.-,David G.ti-u, D' ector of Public Works Attachment: Norris-Repke Proposal "Exhibit A", dated August 17, 2006 Amendment No. 2 to the Consulting Services Agreement 2 AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 2 to the Agreement is made and entered into this 19th day September, 2006, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and NORRIS-REPKE (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with Consultant to provide Professional Engineering Services, which the Agreement was dated January 26, 2006. (ii) The CONSULTANT submitted proposals to provide Professional Engineering Services as described in Exhibits "A", "B" and "C", dated January 24, 2006, April 27, 2006 and August 17, 2006 respectively. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: follows: Section 1: Section 3 of the Agreement is hereby amended to read as Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City." Section 2: Each party to this Agreement Amendment No. 2 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. 2 shall be valid and binding. Any modification of this Amendment No. 2 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement Amendment No. 2 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: Tommye A. Cribbins, City Clerk DATE: CONSULTANT: NORRIS-REPKE Kamran Saber, P.E. Principal CITY OF DIAMOND BAR James DeStafano, City Manager Agenda # 7.1 Meeting Date: September 19, 2006 CITY COUNCIL �'. , % AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manaq2006- TITLE: ADOPT RESOLUTION NO.: A RESOLUTION FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 RECOMMENDATION: Adopt Resolution No. 2006-xx. FINANCIAL SUMMARY: Congestion Management Program (CMP) conformance is required for Diamond Bar to receive State Gas Tax funds and to preserve our eligibility for other State and Federal transportation dollars. Acting as Los Angeles County's Congestion Management Agency, the Los Angeles County Metropolitan Transportation Authority (LACMTA) requires the City to prepare the annual CMP compliance report. BACKGROUND/DISCUSSION: Since 1990, the LACMTA has managed the adopted Congestion Management Program which requires annual updates for Los Angeles County and local jurisdictions. The CMP requires local jurisdictions to: • Assist in monitoring the CMP highway and transit system; • Implement a transportation demand management ordinance; • Implement a program to analyze the impacts of local land use decisions on the regional transportation system; and • Participate in the Countywide Deficiency Plan. As the CMP matures into its second decade, the LACMTA is working with stakeholders throughout Los Angeles County for potential program changes. Currently, the LACMTA continues to explore the feasibility of implementing a countywide congestion mitigation fee to address the regional impacts of new development with a Nexus Study required by the 2003 Short Range Transportation Plan. While the Nexus Study is underway, local jurisdictions report only the new net development activity on the Local Development Report (LDR) and adopt the self - certification resolution. Since 2003, Diamond Bar's 78,651 accumulated credit balance accomplished with a system of debits for new development offset by credits for transportation improvement benefits is temporarily frozen. Diamond Bar's credit benefits included the cumulative and collective efforts of the Transit and Dial -a -Ride programs, Web page, on-line services, Info -to -go, and the transportation capital improvements. Development for Diamond Bar from June 1, 2005 to May 31, 2006 includes 50 new single family residences: two on Goldrush Drive; six in the Country Estates; and 42 for Brookfield. Commercial Development includes: Target, the replacement of 2040 Brea Canyon Road retail and office building, and the child care facility and office space conversion to a medical use al: 21671 Gateway Center Drive for Dr. Adams, Ziering Medical. In conclusion, the City of Diamond Bar remains in compliance with the 2004 Congestion Management Program for Los Angeles County. Prepared By: Linda Kay Smith, Development Services Associate Reviewed by: David G Liu Kancy Fong, IC Director of Public Works Community velop nt Director Attachments: 1. Resolution 2006 -XX 2. City of Diamond Bar 2006 Congestion Management Program Local Development Report 2 RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 A. RECITALS. WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report by September 1 of each year; and WHEREAS, the City of Diamond Bar was granted an extension to September 19, 2006 for the City Council to convene for consideration of the Congestion Management Program and Local Development Report; and WHEREAS, the City Council held a noticed public hearing on September 19, 2006. B. RESOLUTION. NOW, THEREFORE, THE: CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council has taken all of the following actions and that the City of Diamond Bar is in conformance with all applicable requirements of 2004 CMP adopted by the LACMTA Board on July 22, 2004. By June 15, of odd -numbered years, the City of Diamond Bar will conduct annual traffic counts and calculated levels of service for selected arterial intersections, consistent with the requirements identified in the CMP Highway and Roadway System chapter. The City of Diamond Bar has locally adopted and continues to implement a transportation demand management ordinance; consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City of Diamond Bar has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. 3 The City of Diamond Bar has adopted a Local Development Report (LDR), attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report balances traffic congestion impacts due to growth within the City of Diamond Bar with transportation improvements, and demonstrates that the City of Diamond Bar is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority, Stacy Alameida, Transportation Planning Manager, Metro Long Range Planning, Mail Stop 99-23-2, One Gateway Plaza, Los Angeles County, CA 90012-2952. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF SEPTEMBER 2006. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 19th day of September, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 4 CITY OF DIAMOND BAR Date Prepared: September 6, 2006 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2006 Contact: DAVID G. LIU„ DIRECTOR OF PUBLIC WORKS Phone Number: 909 839-7041 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY " IMPORTANT: All "#valuel" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY —Dwelling Units Single Family Residential 50.00 Multi -Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON -RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional/Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE 1,000 Net Sq.Ft.2 141.60 0.00 0.00 1,000 Net Sq.Ft.` 0.00 0.00 (25.00) 0.00 0.00 25.00 0.00 0.00 0.00 Daily Trips 0.00 0.00 EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units 0 Exempted Non-residential sq. IT (in 1,000s) 0 1. Note: Please change dates on this form for later years. Section 1, Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. CITY OF DIAMOND BAR Date Prepared: September 6, 2006 2006 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2006 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." 'PARTO. RESIDENTIAL DEVELOPMENT ACTIVITY Dwelling iCategory Single FamilyUnits Residential Multi-FamilyResidential 50.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY 0.00 Category 1,000 Gross Commercial (less than 300,000 sq.ft.) Square Feet Commercial (300,000 sq.ft. or more) 167.90 FreestandingEating& Drinking0.00 0.00 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Lodging Square Feet Industrial 0.00 Office (less than 50,000 sq.ft.) 0.000.00 Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 25.00 Institutional/Educational 0.000.00 University(# of students) OTHER DEVELOPMENT ACTIVITY 0.00 Description (Attach additional sheets if necessa ) Daily Trips ENTER IF APPLICABLE ENTER IF APPLICABLE 0.00 0.00 Section 1, Page 2 CITY OF DIAMOND BAR Date Prepared: September 6, 2006 2006 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2006 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ... T 2: NEW DEVELOPMENT ADJUSTMENTS -=N=111111111111� i IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Single FamilyUnits Residential 0.00 Multi -Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 26.30 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Lodging Square Feet Industrial Office (less than 50,000 sq.ft. 0.00 Office (50,000-299,999 s .ft.) 25.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.000.00 Institutional/Educational University(# of students) 0.00 OTHER DEVELOPMENT ACTIVITY 0.00 Description Daily Trips (Attach additional sheets if necessary) ENTER IF APPLICABLE ENTER IF APPLICABLE 0.00 0.00 CITY OF DIAMOND BAR CMP Local Development Report rting Period: JUNE 1, 2005 - MAY 31, 2006 Date Prepared: September 6, (Enter data for all cells labeled "Enter.,,If there are no data for that category, enter "0." OT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) Low/Very Low Income Housing High Density Residential Near Rail Stations Mixed Use Developments Near Rail Stations Development Agreements Entered into Prior to July 10, 1989 Reconstruction of Buildings Damaged in April 1992 Civil Unrest Reconstruction of Buildings Damaged in Jan. 1994 Earthquake Total Dwelling Units Total Non-residential sq. ft. (in 1,000s) 0 Dwelling Units 0 Dwelling Units 1EE0 1,000 Gross Square Feet 0 Dwelling Units EE100 1,000 Gross Square Feet Dwelling Units EEH0 1,000 Gross Square Feet 0 Dwelling Units 1EEE00 1,000 Gross Square Feet Dwelling Units 0 0 Section /, Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: Low -Income: equal to or less than 80% of the County median income, with adjustments for family size. Very Low -Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed-use development located within 114 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. Agenda # 7-2 Meeting Date: September 19, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M na r TITLE: Amendment No. 2 to Developmen Agreement No. 2004-01 between the City and Lewis - Diamond Bar, LLC and Target Corporation for property located at the southeast corner of Grand Avenue at Golden Springs Drive RECOMMENDATION: Approve first reading of Ordinance No. XX -2006 PLANNING COMMISSION ACTION: The Planning Commission conducted a public hearing on September 12, 2006. Upon completion of the public hearing, the Commission approved Resolution No. 2006-37 that recommends City Council approval of the proposed amendment. BACKGROUND: In June 2004, the City Council approved Development Agreement No. 2004-01 (the Agreement);, which acted to guide future development of the 70 -acre property located at the southeast corner of Grand Avenue and Golden Springs Drive. An amendment to the document was subsequently approved by the City Council on July 5, 2005 revising the schedule of performance and establishing traffic fees to be paid by the developer. The Agreement and all subsequent amendments are processed pursuant to Government Code Section 65864, et seq. and Chapter 22.62 of the City's Development Code. Lewis - Diamond Bar, LLC, the developer, is proposing a second amendment to the Agreement to the traffic fees and payment schedule for the commercial portion of the project. The Agreement between the City of Diamond Bar and Lewis — Diamond Bar, LLC (the Developer) established the framework that permitted future construction upon the site with a mixture of commercial retail, institutional, high density residential, office business park, and open space land uses; and adopted the Diamond Bar Village Specific Plan. Both parties to the Agreement, Lewis — Diamond Bar, LLC and the City, have worked diligently to implement the terms of the Agreement. In 2005, entitlements were approved for the 180 -unit residential condominium project (Brookfield) and for construction of Target, the major commercial anchor. Currently, the Brookfield project has been substantially constructed and several Certificates of Occupancy have been issued. Construction of the Target is also nearing completion and temporary Certificates of Occupancy were issued in August 2006. Target is expected to open to the public on October 8, 2006. Second Amendment Request The Developer is requesting a second amendment to the Agreement to revise the schedule of payment for the commercial traffic fees. The original Agreement required the Developer to pay traffic fees, but did not specify the amounts. With approval of the first amendment, the traffic impact fees were established for the commercial and residential parts of the project, and the payment schedule for each. With the project nearing completion, all of the residential and a portion of the commercial fees have been paid. The Developer is now proposing to defer payment of a portion of the remaining commercial fees to the time of development of the two additional commercial pads. The following table shows how the fees will be allocated and payment schedule if the second amendment to the Agreement is approved. As shown in the table, the total amount of traffic mitigation fees will not change from those approved under the first amendment. The proposed amendment would allow the developer to pay 75% of the remaining traffic fees, before the certificate of occupancy is issued for Target and to defer 25% of the remaining traffic fees to prior to the development of the two smaller commercial pads. By tying payment of the traffic fees to development of the site, the amendment assures the City that the fees will be paid in a timely manner. ENVIRONMENTAL ASSESSMENT: On June 29, 2004 the City Council approved an Addendum to the previously certified Final Environmental Impact Reports SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Village Specific. The proposed amendment to the Development Agreement makes no changes to the land use plan for the 70- 2 Amendment No. 1 Amendment No. 2 Residential $233,604.50 $304,912.00 (paid by Brookfield) Commercial $964,323.50 $893,016.00: a) $351,565.00 (paid by Target) b) $541,451,00: 1. $406,088.26 (Target, pay prior to occupancy) 2. $ 67,681.37 (Pad 2, pay prior to permit) 3. $ 67,681.37 (Pad 3, pay prior to permit) Total fees $1,197,928.00 $1,197,928.00 As shown in the table, the total amount of traffic mitigation fees will not change from those approved under the first amendment. The proposed amendment would allow the developer to pay 75% of the remaining traffic fees, before the certificate of occupancy is issued for Target and to defer 25% of the remaining traffic fees to prior to the development of the two smaller commercial pads. By tying payment of the traffic fees to development of the site, the amendment assures the City that the fees will be paid in a timely manner. ENVIRONMENTAL ASSESSMENT: On June 29, 2004 the City Council approved an Addendum to the previously certified Final Environmental Impact Reports SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Village Specific. The proposed amendment to the Development Agreement makes no changes to the land use plan for the 70- 2 acre site. The amendment only pertains to financial terms and the schedule of performance; therefore, additional CEQA review is not required pursuant to Section 15719 of the CEQA Guidelines. PUBLIC HEARING NOTICE: Notice of the City Council public hearing was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune on September 8, 2006. Furthermore, Public Notices were mailed to 552 property owners within a 700 -foot radius of the project site, and the project site and the community boards were posted on September 8, 2006. I ncy Fo, AICP mmuni opment Director Attachments: Reviewed By: David Doyle Assistant City Manager 1. City Council Ordinance No. XX (2006) 2. Amendment No. 2 3. Amendment No. 1 4. Development Agreement No. 2004-01 5. Planning Commission Resolution No. 2006-37 3 ORDINANCE NO. XX (2006) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT 2004-01 AND AS AMENDED BY AMENDMENT NO 1 ON JULY 22, 2005, BETWEEN THE CITY AND LEWIS-DIAMOND BAR, LLC FOR THE DIAMOND BAR VILLAGE PROJECT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS FOLLOWS: Section 1. The City of Diamond Bar and Lewis -Diamond Bar, LLC, desire to amend a development agreement approved on June 29, 2004 and as amended by Amendment No. 1 on July 22, 2005, pursuant to Government Code Sections 65864 through 65869.5, and Chapter 22.62 of Title 22 of the Diamond Bar Municipal Code with respect to real property located at the southeast corner of Diamond Bar Boulevard and Grand Avenue in the City of Diamond Bar. The properties subject to the amendment are more particularly described as Assessor's Parcel Numbers: 8293-045-004, 8293-045- 005 - Lewis - Diamond Bar, LLC, 1156 N. Mountain Avenue, Upland, CA 91785 and Assessor's Parcel Numbers 8293-045-006, 8293-045-007, 8293-045-008 and 8293- 045-009 Section 2. The Planning Commission conducted a public hearing to consider proposed Amendment No. 2 to the Development Agreement, as amended, pursuant to Municipal Code Section 22.62.030(a) on September 12, 2006. The Commission adopted Resolution No. 2006-37, which recommends City Council approval of the amendment. The City Council held a properly noticed public hearing regarding the proposed amendment to the development agreement pursuant to Section 22.62.030(b) on September 19, 2006. Both oral and written evidence was presented both to the Commission and the Council. Section 3. Based upon substantial evidence in the record of the proceeding including, without limitation, the written and oral staff reports, and the record and decision of the Planning Commission, the City Council hereby finds that the proposed amendment to the development agreement is consistent with the General Plan of the City of Diamond Bar and with the; Diamond Bar Village Specific Plan. The City Council further finds that the proposed amendment to the development agreement complies with the zoning, subdivision, and other applicable ordinances and regulations. Section 4. The proposed amendment to the development agreement is consistent with the public convenience, general welfare, and good land use practice, making it in the public interest to enter into the amendment to the development agreement with the applicant. The amendment to the agreement provides for the orderly and comprehensive development of a land area in a visible and important location in the City. The amendment to the development agreement ensures that the project can be developed over time in its approved form, and that the applicant will provide substantial public benefits as a part of the development. Section 5. The City Council further finds that: (a) Amendment No. 2 to the development agreement as amended by Amendment No 1, effective July 22, 2005 will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, since the project is in keeping with the character and general development pattern of the existing area; (b) Amendment No. 2 to the development agreement, as amended by Amendment No 1, will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, since the development agreement ensures that public improvements, additional infrastructure and other public benefits will be provided as the project is constructed; or (c) The amendment to the development agreement will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare, since the amended agreement will result in public safety improvements such traffic improvements and ample parking. Further, the project is conditioned to comply with applicable fire, building and life safety codes and regulations. (d) The amendment to the Development Agreement would be in the best interests of the City. The amendment to the Development Agreement No. 2004-01 implements the proposed Diamond Bar Village project and will provide certainty to the City and the Applicant regarding the project development time table, impact fees, applicable ordinances, overall development standards and similar matters. The approved Diamond Bar Village project will transform an underutilized and graded site into a functional and attractive development that will contribute to the City's tax base. Because of this, the amendment to the Agreement is in the best interests of the City and its residents. (e) The amendment to the development Agreement is consistent with the General Plan, Development Agreement No, 2004-01, any applicable Specific Plan and the Development Code. Diamond Bar Village, the subject of Development Agreement No. 2004-01, is consistent with the General Plan and is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Ordinance demonstrate conformance with City requirements. 2 (f) The Amendment to the Development Agreement would promote the public interest and welfare of the City. As stated above, Diamond Bar Village is a mixed-use development that preserves open space and expands the City's tax base. It retains a residential use adjacent to an existing residential area and limits the commercial -retail and institutional use to an area adjacent to a major intersection. The Amendment to Development Agreement No. 2004- 01 furthers the implementation of this development plan and thus promotes the public interest and welfare. Section 6. The proposed development agreement amendment complies with the terms, conditions, restrictions and requirements of Section 22.62.040 of the Diamond Bar Municipal Code. The proposed development agreement amendment includes additional terms consistent with Diamond Bar Municipal Code Section 22.62.040(b), such as construction schedules, commercial anchor security requirements, and the contribution of a developer fee to the City. Section 7. In June 2004 the City Council approved an Addendum to the Medical Plaza and Economic Revitalization Area Environmental Impact Reports for the Diamond Bar Village Project. The Addendum considered the potential environmental impacts of the Diamond Bar Village project, the Development Agreement, Zone Change, Specific Plan and related project applications. Amendment No. 2 to the previously approved Development Agreement does not change any contemplated land uses for the properties. The Amendment does not result in any physical changes to the project site or result in any new environmental impacts. The amendment only pertains to financial terms and the schedule of performance; therefore, additional CEQA review is not required pursuant to Section 15719 of the CEQA Guidelines. Section 8. Based upon the foregoing, the City Council hereby approves Amendment No. 2 to Development Agreement No. 2004-01 attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement amendment on behalf of the City. Section 9. The time within which to any legal challenge to the subject development agreement must be brought is governed by Government Code Section 65009. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF SEPTEMBER 2006, BY THE CITY COUNCIL OF THE: CITY OF DIAMOND BAR M3 Carol Herrera, Mayor 3 I, Tommye Cribbins, City Clerk: of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of September, 2006 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of September, 2006 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: City Clerk, City of Diamond Bar Recorded at request of ) Clerk, City Council City of Diamond Bar ) When recorded return to ) City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 ) Attention: City Clerk ) Draft September, 2006 EXHIBIT "A" Exempt from Filing Fees Gov. Code section 6103 DIAMOND BAR VILLAGE AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 2004-01 between CITY OF DIAMOND BAR a California municipal corporation and LEWIS-DIAMOND BAR, LLC, a Delaware limited liability company ("Developer") AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT ("Amendment") This Amendment No. 2 is dated this day of , 2006, for reference purposes and amends that certain Development Agreement effective August 7, 2004, (the "Development Agreement") by and between the City of Diamond Bar (hereinafter "CITY"), and Lewis -Diamond Bar, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"), as amended by Amendment No. 1 on July 22, 2005. All capitalized terms shall have the meanings given those terms in the Development Agreement unless otherwise defined herein. RECITALS WHEREAS, DEVELOPER has requested CITY to amend the Development Agreement and the CITY has conducted all proceedings required to amend the Development Agreement in accordance with the DA Laws and all other rules and regulations of CITY; and WHEREAS, the terms and conditions of this Amendment have undergone review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, all actions taken and approvals given by CITY for this Amendment have been duly taken and approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Development Agreement as ]Follows: Section 4.2.1, City Traffic Fee, and Schedule 3, are amended as follows: DEVELOPER and CITY agree that the "fair share" cost of the traffic improvements allocable to the Property and Annexable Property as set forth on Schedule 3 and the timing for payment are: a. $304,912 Residential — prior to the issuance of the first certificate of occupancy b. $893,016 Commercial: i) $757,653.26 Prior to the issuance of the certificate of occupancy for the Commercial Anchor ($351,565 plus $406,088.26) ii) $67,681.37 Prior to the issuance of building permits for the development of Pad 2 (Parcel 2 of Tentative Parcel Map No. 061702) iii) $67,681.37 Prior to the issuance of building permits for the development of Pad 3 (Parcel 3 of Tentative Parcel Map No. 061702) 2. Except as amended above, the Development Agreement effective August 7, 2004, as amended by Amendment No 1, effective July 22, 2005, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. "DEVELOPER" LEWIS-DIAMOND BAR, LLC a Delaware limited liability company By: LEWIS INVESTMENT COMPANY, LLC, a California limited liability company Its Managing Member Dated:_ By: LEWIS OPERATING CORP., a California corporation — sole manager By: Nam( Title: "CITY" CITY OF DIAMOND BAR Dated:_ By: Name: Title: STATE OF CALIFORNIA ) ss. COUNTY OF On before me,. a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF On before me, _ a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature CHICAGO TITLE CO. J JN �J Recorded at request of Clerk, City Council City of Diamond Bar When recorded return to City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Clerk 05 2138212 Exempt from Filing Fees Gov. Code section 6103 DIAMOND BAR VILLAGE AMENDMENT NO.1 TO DEVELOPMENT AGREEMENT NO. 2004-01 between CITY OF DIAMOND BAR a California municipal corporation and LEWIS-DIAMOND BAR, LLC, a Delaware limited liability company ("Developer") ACCOMMODATION REWRDING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT ("Amendment") Q This Amendment is dated this 19th day of July, 2005 for reference purposes and amends that certain Development Agreement effective August 7, 2004, (the "Development Agreement") by and between the City of Diamond Bar (hereinafter "CITY"), and Lewis -Diamond Bar, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"). All capitalized terms shall have the meanings given those terms in the Development Agreement unless otherwise defined herein. RECITALS WHEREAS, DEVELOPER has requested CITY to amend the Development Agreement and the CITY has conducted all proceedings required to amend the Development Agreement in accordance with the DA Laws and all other rules and regulations of CITY; and WHEREAS, the terms and conditions of this Amendment have undergone review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, all actions taken and approvals given by CITY for this Amendment have been duly taken and approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Development Agreement as follows: Section 4.2.1, City Traffic Fee, and Schedule 3, are amended as follows: DEVELOPER and CITY agree that the "fair share" cost of the traffic improvements allocable to the Property and Annexable Property as set forth on Schedule 3 and the timing for payment are: $233,604.50 Residential -- prior to the issuance of the first certificate of occupancy $964,323.50 Commercial -- prior to the issuance of the certificate of occupancy for the Commercial Anchor 2. Section 4.4.1, Residential Fees, is deleted and the following inserted in place thereof. 4.4.1 Residential Fees. DEVELOPER agrees to pay to the CITY development agreement fees in the total amount of $2,000,000 at the issuance of certificates of occupancy for each DU in the Project as follows: $10,000 per DU for the first 60 DU's = $600,000 $11,000 per DU for the second 60 DU's = $660,000 $12,333 per DU for the final 60 DU's = $740,000 0`5 2138`212 OI VI VV If less than one hundred eighty (180) DU's are developed by DEVELOPER, the amount equal to the difference between $2,000,000 and the total amount of Residential Fees paid as of the date the final certificate of occupancy is issued by City for the Project, shall be paid concurrent with City's issuance of that final certificate of occupancy. The City may use the Residential Fees for any purpose permitted by the City's Municipal Code and any other applicable laws. 3. Section 4.5, Commercial Fee, is amended by extending the dates (i) for commencement of construction of the Commercial Anchor from June 1, 2005 to September 1, 2005, and (ii) for opening of the Commercial Anchor to the general public from April 2006 to October 2006. City agrees to cooperate with DEVELOPER, at no cost to City, to amend the Letter of Credit as necessary to provide for these extensions. 4. CITY acknowledges and agrees that in furtherance of Section 4.5 of the Development Agreement and consistent with the Development Plan for the Project, Target Corporation ("Target") filed its applications for Conditional Use Permit No. 2005-03 and Development Review No. 2005-16 (collectively the "Target Development Application") which was approved by the CITY by Planning Commission Resolution No. 2005-18 on April 26, 2005 (the "Target Resolution"). CITY further acknowledges that Target and DEVELOPER will be processing (i) a Boundary Line Adjustment in the form of Exhibit "A" to this Amendment to create the final boundaries of the Annexable Property (as set forth in Exhibit "B" of the Development Agreement) and of the Commercial Component within the Annexable Property under Section 4.5.1 of the Development Agreement, and (ii) a parcel map to create the two (2) retail pads fronting Golden Springs Drive and the remainder parcel of the Commercial Component to be developed by Target as the Commercial Anchor all as identified in the Target Development Application (the "Parcel Map"). CITY agrees that no Development Exactions or Development Impact Fees other than those set forth in the Target Resolution or Development Agreement shall be imposed by CITY as conditions on the BLA or Parcel Map. CITY acknowledges that this covenant is material to the decision of Target to proceed with the acquisition and development of the Annexable Property and Commercial Component. 5. Except as amended above, the Agreement shall remain in full force and effect. 05 2138212 IN WITNESS WHEREOF, the: parties hereto have executed this Agreerr-jent on the day and year set forth below. "DEVELOPER" LEWIS-DIAMOND BAR, LLC a Delaware limited liability company By: LEWIS INVESTMENT COMPANY, LLC, a California limited liability company Its Managing Member Dated: July 22 2005 By: LEWIS OPERATING CORP., a California corporation — s ole manager By: Name: John M. Goodman Title: Sr. VP/QEO/CFO "CITY" CITY OF DIAMOND BAR Dated: July 27, 2005 By: &. Name: Wen Ch Title: Mayo Exhibit A — Boundary Line Adjustment 05 2138212 JI VI VV STATE OF CALIFORNLA ) ss. COUNTY OF S,14 6 FQ�j�Afcl ) On ZS, 900, before me, _ Cb4el A • J ,ynho�J , INotaryPublic in and for said county and state, personally appeared -j�' rna�m personally known to me nidenie�e) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS m hand and official seal. EDNAA. JOHNSON y Commission # 1419983 _s Notary Public - California San Bernardino County Signature My Comm. Expires Jun 4, 2007 STATE OF CALIFORNIA ) ss. COUNTY OF Leers0aI�� ) OnAbefore me �)rnm_T __i`�ltt7G , a Notary Public in and for said county and state, personally appeared LuAliq personally known to me (or proved to me on the Basi of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESSm hand andofficialseal. Signature ti " rt z- ' !Ll TOMMYE ANNE CROWNS ' Cotnmissbn # 1411077 o Notary Public - California lot Angeles County Vly Comm. expires Apr 26, 2007 05 `138212 EXHIBIT "A" BOUNDARY LINE ADJUSTMENT 05 2138212 -' - ISAI NU 1h pv"t, 7 ------ r IF CC ro ° Z!,��\ _�I iSTRICTED USE AREih-I f Cid I t VT(�;i/��rlr y"419, Ii 11V11 0 ��et'�+7 / L� (! "C�JO� I i Iii. II n FLURE I f l?.'lLL'j ilyL� nnu ll;Ir ' I RRE S/EG ESS ,,,���///��/j 4,1 � F*0.310,', .5052 S.F. 1, 6„p EMENT , i��ir {';?f� - ra ss, ACRES ,� / X00 0-L6 FUTURE Ln '� < y T "INGRESS/EGRESS w u EASEMENT / {III li�,! Iry phi W.�9 PARCEL IV:; +)I�ti jllmi!m,ilIluin�. J (I' IIi I I I.IdJ�9j0772 AMES p 2 Z02#,W- q& u'L 1llu !'+!( II j� I(./, 1 t EXIST. I I! it Ti�i,"n i1Tr. BUILDING; fffiw TRTCTED usEUAUk, ki 1 / i`zv /1 �IL �� 'I' KiCN �� � � / LAND Spy` , `fir MARK a -�_ �_ _ j !P. �PFEILER �� �1 ! I/ ��/O i i ��� ,'����✓�� "i �� L.S. 5959 LES2Q TF OF c X ---x LOT LOT UNE TO BE REMOVED PROPOSED LOT LINE ---- FUTURE INGRESS/EGRESS EASEMENT MARK P. PFEILER L.S. 5959 DATE --- LOT UNE TO REMAIN EXPIRES 12-31-06 PARCEL 3 - NOT A PART I NOTE: 'THIS PLAT IS NOT A LEGAL DESCRIPTION AND SHOULD ONLY BE USED SEE SHEET 2 FOR LINE AND CURVE DATA AN AID IN UNDERSTANDING THE ACCOMPANYING LEGAL DESCRIPTION': SHEET 1 OF 2 PLAT FOR PFEILER & ASSOCIATES ENGINEERS, INC. LOT LINE ADJUSTMENT CIVIL ENGINEERING & LAND SURVEYING LLA __---- 660 N. Diamond Bar Blvd. Suite 100, Diamond Bar, Ca 91755 Telephone (909) 860-5850 Fax (909) 860-3967 DIAMOND BAR, CALIFORNIA. PIDF created with pdfFactory trial version www.pdttactory.com 01 2138212 NUMBERi DIRECTION DISTANCE L7 N 31'42'09' E 43.4193' L2 S 02'59'27' E 87.0231' L3 S 57'57'49' W 78.4765' L4 N 17'59'21' W 181.5089' L5 N 31'24'09' E 45.999B' L6 S 80'47'33" W 184.0619' L7 N 24'07'15' E 37.6277' LB N 20'17'20' W 123.5419' L9 N 70'45'39" E 127.1746' L10 N 33'49'15' W 288.2138' L11 S 35'30'06" W 100.2016' L12 S 73737'40' E 82.0481' L13 N 01'39'30' E 100.7764' L14 N 2T54'12' E 86.6182' L15 N 62'06'43' W 239.9740' L16 S 44'40'45' E 70.0595' L17 S 73'20'38' W 100.0189' L18 N 43'33'00' E 130.0283' L19 S 60'21'16" E 99.9948' L20 N 19'47'20' W 103.0101' L21 N 29'.SO'11' E 70.0148' L22 S 88'35'28' W 200.0307' L23 N 62"20'43' W 118.0070' L24 S 3328'08" W 210.0450' L25 N 77'44'38" W 63.0071' L26 N 2TDO'42' W 128.0007' L27 N 12'41'37" E 43.6218' L28 N 8750'36" W 85.1710' L29 N 59'39'00' E 87.0582' L30 N 35'10'44' W 188.8919' L31 N 09'59'35" E 139.9446' L32 S 79'59'23' E 34.9958' L33 S 34'20'53' W 67.9854' L34 S 5738'23' E 17.4563' L35 S 86'03'54' E 72.8401' L36 N 77'28'22' E 111.2616' L37 S 6756'08' W 58.5441' L38 N 36'19'42" E 151.0308' L39 N 4731'29" E 144.7476' L40 N 34'33'17' E 195.2372' L41 N 21'37'22" W 60.9813' L42 N 6922'38' E 42.2921' L43 S 4352'46" W 56.5068' 1-44 N 3358'21' E 117.6295' L45 N 46'21'34" W 85.1952' L46 S 41'38'26' W 18.2168' L47 N 49'58'09" E 124.5644' L48 S 36'01'01' W 22.7590' L49 S 51'58'59' E 7.0000' L50 IS 14'09'38' W 155.8604' L51 S 7646'39' E 80.7289' L52 N 61'22'43' W 140.0078' L53 S 83'59'31' W 153.7571' L54 N 27*33'23' W 381.0506' L55 N 2348'25" E 82.7379' L56 S 24'01'30' W 11.0000' L57 S 65'58'30' E 44.8162' L58 15 4559'46" E 68.1146' L59 I N 01'53'38' W 108.5697' L60 N 24'01'30' E 31.0000' L51 S 65'58'30' E 2.2687' L62 N 24'01'30' E 42.0000' L63 N 3755'03' W 54.0000' L64 S 51'58'59" E 32.0000' L65 S 38'01'D1" W 0.1853' L66 S 51"58'59' E 31.0000' SEE SHEETS 2-4 FOR LINE AND CURVE DATA NUMBER DELTA ANGLE RADIUS ARC LENGTH TANGENT C1 28'54'26" 289.5600 146.0911 74.6355 C2 5339'54" 26.0000 24.3525 13.1521 C3 29'23'29" 431.0000 221.0928 113.0361 C4 88'47'22" 27.OD00 41.8411 26.4355 C5 05'09'41" 3050.0000 274.7501 137.4680 C6 33'35'12" 1190.0000 697.5755 359.1311 C7 19'34'09" 100.0000 34.1545 117.2452 C8 19'34'09" 177.0000 60.4535 130.5240 C9 90'13'05" 23.0000 36.2158 23.0877 C10 19'58'44" 293.0000 102.1686 51.6083 C11 44'06'08" 95.0000 73.1242 38.4811 C12 98'50'46" 289.5600 499.5463 338.1110 C13 93'28'25" 23.0000 37.5227 24.4384 C15 10'08'08" 1095.8100 193.8467 97.1769 C16 22'21'53" 123.0000 48.0115 24.3152 C17 17'33'40" 147.0000 45.0551 22.7056 C18 13'12'53" 1079.8100 249.0463 125.0781 C19 89'49'00" 23.0000 36.0547 22.9265 C20 02'27'34" 3067.0000 131.6468 65.8335 C21 89'04'22" 23.0000 35.7561 22.6308 C22 89'04'22" 23.0000 35.7561 22.6308 C23 01'54'22" 3067.0000102.0362 51.0228 C24 12'54'50" 2417.0000 544.7730 273.5455 C25 91'40'54" 23.0000 135,8034 123,6852 MARK P. PFEILER L.S. 5959 DATE EXPIRES 12-31-06 PFEII,ER & ASSOCIATF,IS ENGINEERS, INC. CIVIL ENGINEERING & LAND SURVEYING 660 N. Diamond Bar Blvd. Suite 100, Diamond Bar, Co 91765 Telephone (909) 860-5850 Fax (909) 860-3967 P created with DdfFactory trial version www.r)dffactorv.com n I± SHEET 2 OF 2 PLAT FOR LOT LINE ADJUSTMENT LL ------ DIAMOND BAR, CALIFORNIA. C% a 0% - _ 10100412 Recorded at request of Clerk, City Council City of Diamond Bar When .recorded return to City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Clerk 5123105 05 1198312 Exem t from Fifin2 Fees Gov. Code section 6103 DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT NO. 2004-01 A STATUTORY DEVELOPMENT AGREEMENT between CITY OF DIAMOND BAR a California municipal corporation and LEWIS-DIAMOND BAR, LLC, a Delaware Iimited liability company ("Developer") DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is entered into effective on the Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and Lewis -Diamond Bar, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seg. of the Government Code and Chapter 22.62 of the City's Municipal Code (collectively the "DA Laws"); and. WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the subject of this Agreement (the "Property") and has an option to acquire certain additional real property which may be annexed into this Agreement at a later date and made a part of the Property (the "Annexable Property"); and WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the DA Laws and all other rules and regulations of CITY; and WHEREAS, all of the rights and benefits of the Agreement shall inure to the benefit of the Property and to DEVELOPER. WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of CITY's ability to regulate development on the Property; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the City of Diamond Bar and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the Cali fomiaEnvironmental Quality Act have been met with respect to the Project and the Agreement, including the subsequent annexation of the Aruiexable Property (as defined herein); and WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 05 1198312 M310 5 WHEREAS, development: of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Property, and generally serve the purposes for which development agreements under the DA Laws are intended; and WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "Annexable Property" means the real property described on Exhibit "A-2" and shown as a portion of Planning Area 1 on Exhibit "B". 1.1.3 "CITY" means the City of Diamond Bar, a municipal corporation and general law city. 1.1.4 "City Council" means the City Council of the CITY. 1.1.5 "Condominium" means an estate in real property as defined in Civil Code Sections 783 and 13510; Condominium units as defined in Civil Code Section 1351(f) are DU's as defined in this Agreement. 1.1.6 "Current Development Approvals" mean all Development Approvals approved or issued prior to the Effective Date. Current Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Development Approvals that are a matter of public record on the Effective Date. 1.1.7 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public and private facilities related to the 3 05 1198312 Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.8 'Development Approvals" mean all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits and site plans; (d) zoning; (e) design review approvals; and (f) grading and building permits. 1.1.9 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.10 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with ap=proval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Government Code Section 66477, fees collected by CITY for other public agencies other than the CITY, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). "Development Impact Fee" expressly excludes processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or. proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of 4 05 983 2 maps under the provisions of the Subdivision Map Act, Division 2 (con-imencing with Section 66410) of Title 7 of the Government Code; or planning seryices under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Goverment Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superceded, including by amendment or replacement. 1.1.11 "Development Plan" means the Current Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.12 "DEVELOPER" means Lewis -Diamond Bar, LLC, and its successor in interest to all or any part of the Property. 1.1.13 "DU's" means single-family and Condominium/townhouse residential dwelling units, including detached. and attached units for sale to the general public but do not include residential units developed for rental purposes. 1.1.14 "Effective ]Date" means the date that is 31 days following the date that this Agreement is approved by the City by final action of the City Council. 1.1.15 "EIR Addendum" means that certain Addendum to Environmental Impact Report Nos. SCH No. 91121027 and 96111047 as described in Exhibit "C" attached hereto. 1.1.16 "Existing Land Use Regulations" mean all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include the Regulations incorporated herein as Exhibit "D" and all other Regulations that are a matter of public record on the Effective Date. 1.1.17 "Land Use Regulations" mean all ordinances, resolutions, codes, rules, regulations and official written policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property, as modified or supplemented by the Current Development Approvals. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting; of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; or 5 05 1198312 (e) the exercise of the power of eminent domain. 1.1.18 "Lot" means a legal subdivided lot. 1.1.19 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.20 "Project" means the development of the Property as contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.21 "Property" means the real property described on Exhibit "A-1" and shown as Planning Areas 2, 3, and 4 on Exhibit "B" to this Agreement. The Property shall include the "Annexable Property" upon recordation of a Notice of Annexation by Developer in the form of Exhibit "A-3". 1.1.22 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under. Section 3.6 of this Agreement. 1. 1.23 "Specific Plan" means the Diamond Bar Village Specific Plan No. 2004-01 approved June 29, 2004 by the City, Ordinance No. 03(2004). 1.1.24 "Subsequent Development Approvals" means all Development Approvals approved by the City subsequent to the Effective Date in connection with development of the Property. 1.1.25 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A-1" -- Legal Description of Property. Exhibit "A-2" - Description of Annexable Property Exhibit "A-3" — Notice of Annexation Exhibit "B" -- Map of Specific Plan Area Exhibit "C" -- Current Development Approvals. Exhibit "D" -- Existing Land Use Regulations. Exhibit "E" — Grand Avenue Improvements. Exhibit "F-1" —Commercial Component Description Exhibit 7-2" — Letter of Credit Form Schedule 1 — List of Pre -Approved Developers Schedule 2 — Entitlement Processing Schedule Schedule 3 — Project Impact Fees wee tic- l -k c2 u A �� eX q� i c� ►4�IzIC6� �. 6 05 1198312 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective Date, it is the owner of the fee sample title to the Property and has an agreement to purchase the Annexable Property. The Annexable Property is not owned or controlled by DEVELOPER and is not a part of this Agreement; provided CITY and DEVELOPER agree that if DEVELOPER acquires title to the Annexable Property, DEVELOPER agrees (i) to record a Notice of Annexation to annex that Annexable Property into this Agreement within thirty (30) days after its acquisition of title to the Annex able Property, (ii) that the Annexable Property will be developed by DEVELOPER consistent with the Specific Plan and this Agreement; (iii) that the annexation of the Arnnexable Property is not a discretionary act and is not a project within the meaning of CEQA, and (iv) that the environmental consequences of annexing the Annexable Property have been evaluated in the Addendum. In the event DEVELOPER fails to record the Notice of Annexation within the aforementioned 30 -day period, the CITY shall have the unilateral right to execute and record that Notice of Annexation without DEVELOPER's signature on the Notice. 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years thereafter. This Agreement shall be void and of no force and effect if DEVELOPER is not the owner of fee simple title to the Property as of the Effective Date. 2.4 Assignment. 2.4.1 Rig -ht to A.ssi . DEVELOPER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map ,Act, Government Code Section 66410, et se .), to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER under this Agreement. OZO 1198312 Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by DEVELOPER under this Agreemer7t. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement regukired by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such p urchaser, transferee or assignee until and unless such agreement is executed, and the CITY apprpves of such purchaser, transferee, or assignee, which approval shall not be unnecessarily withheld so long as the requirements for Release of DEVELOPER are met in Section 2.4.2 below. 2.4.2 Release of'DEVELOPER. Notwithstanding any sale, transfer or assignment, DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property sold, transferred or assigned unless DEVELOPER is given a release in ti'''nting by CITY, which release shall be provided by CITY upon the full satisfaction by DEVELQPER of the following conditions: (a) DEVELOPER no longer has a legal or equitable interest in all or any part of the Property sold; (b) DEVELOPER is not then in default under this Agreement; (c) DEVELOPER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above; (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder; and (e) The purchaser, transferee, or assignee is a merchant home builder of DU's and/or a developer of commercial/retail/office projects generally recognized by the Southern California Building Industry Association as a quality, financially sound, developer, such as those developers listed in Schedule 1 attached hereto. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Partial Release of Purchaser, Transferee or Assignee�f Lot A purchaser, transferee or assignee of a Lot, that has been finally subdivided as provided for in the Development Plan and for which a site plan for development of the Lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to CITY to release said Lot from the obligations under this Agreement relating to all other portions of the Property. Within thirty (30) days of such request, CITY shall review, and if the above site plan condition is satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, or otherwise effect, a release of DEVELOPER from its. duties and obligations under this Agreement as to the remainder of the Property (exclusive of such Lot). 8 W 1198312 2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The restrictions and requirements of Subsection 2.4.1 shall not apply to the sale or lease (fora period longer than one year) of any (i) Lot that has been finally subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by the City as defined in Civil Code Section 1351(e) (the "Condominium Plan") individually (and not in "bulk";) to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and such Lot or Condominium unit shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The Lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; (b) The Condominium unit is described on a Condominium Plan approved by the City and individually (and not in bulk) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and, (c) A final certificate of occupancy or similar certificate has been issued for a building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by written consent of all parties or their respective successors or assigns with respect to their respective portions of the Property in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or DEVI?LOPER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including, without limitation, issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. Termination of this Agreement, except for termination under Section 7.4, shall not constitute termination of any other land use entitlements approved for the Property. Except as provided in Section 4, upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such 9 05 1198312 termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request., demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices, shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt., after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records o:Fthe telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Manager with a copy to: Jenkins & Hogin 1230 Rosecrans Ave., Suite 110 Manhattan Beach, CA 90266 Attn: Michael Jenkins, Esq. If to DEVELOPER: Lewis -Diamond Bar, LLC Attn: John M. Goodman P. 0. Box 670 Upland, CA 91785-0670 1156 N. Mountain Avenue Upland. CA 91786-3633 10 ®5 1198312 with a copy to: Lewis Operating Corp. Attn: W. Bradford Francke, Esq. P. O. Box 670 Upland, CA 91785-0670 1156 N. Mountain Avenue Upland, CA 91786-3633 (c) Either party may, by notice given at anytime, require Subsequent notices to be given to another person or entity, whether a party or an officer or represent ative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement ine luding the Reservations of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with and to the extent of, the Development Plan. The Project shall remain subj ect to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided expressly in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the design, ov improvement, and construction standards applicable to development of the Property, and provisions for reservation and dedication of land for public purposes and Development Exactions shall ov those set forth in the Development Plan. Without limiting the foregoing, CITY arld DEVELOPER agree that the maximum density permitted for the Property is 200 DUs as provided in the Specific Plan, 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided expressly under the terms of this Agreement including the Reservations o f Authority, the rules, regulations and official policies of the City governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as reflected in the other Current Development Approvals. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters, provided CITY shall use its best efforts to comply with the processing schedule attached hereto as Schedule 1. 3.3 Timing of Development. The parties acknowledge that DEV$LOPER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors that are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Cama 11. �(1984) 37 Cal -3d 11 05 1198312 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement., i t is the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or phasing requirements set forth in the Development Plan. 3.4 Phasing Plan, Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that development of the Project will require Subsequent Development Approvals and may include changes that are appropriate and mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a change in the Current Development Approvals is necessary or appropriate, DEVELOPER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including, without limitation, the Reservations of Authority. If approved, any such change in the Current Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Current Development Approvals shall be deemed "minor" and not require an amendment to this Agreement but instead require only the approval of the City Manager (or its designee) provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole or modify the Development Exactions; or, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 -of the Public Resources Code; or (f) Permit material changes to the architecture, design, or materials provided for in the Current Development Approvals or Subsequent Development Approvals for the Project; or (g) Extend the term of this Agreement; or (h) Reduce the benefits to the CITY or Development Exactions provided for in this Agreement. . 12 05 Ii983�2 512310 5 3.6 Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notes ithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or is Sued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals axzd any other matter of procedure. (c) Regulations governing construction standards and specifications including without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code that are applied uniformly and on a City-wide basis to all development projects of a similar type as the Project. (d) Regulations imposing Development Exactions except as set forth in this Agreement; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit that includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would prevent or increase the cost of development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in 'Whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations that may be in conflict with the Development Plan but that are reasonably necessary to protect the public health and safety of the residents of the Project or immediate community. To the extent possible, any such regulations shall be applied and construed so as to provide DEVELOPER with all of the rights and assurances provided under this Agreement. (f) Regulations that are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or tirtiing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations that are in conflict with the Development Plan provided DEVELOPER has given written consent to the application of such regulations to development of the Property. (h) Regulations that impose non-discriminatory City-wide taxes. assessments and/or fees, including but no limited to franchise fees or business taxes upon all residents or 13 00 1198312 nonresidential users (commercial or industrial) of real property in the CITY similar to the DU's or the Commercial Component but not including any Development Exaction or other fee designed to mitigate the impacts of the development of the Project. 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. Without limiting the foregoing, DEVELOPER acknowledges that nothing in this Agreement limits the right of the City to conduct design review in accordance with its Existing Land Use Regulations prior to issuing any building pen -nits for improvements on the Property. DEVELOPER further acknowledges that such design review may result in modifications to the cortceptual elevations and site plans included in the Specific Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The; parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be restricted by contract. 3.7 Public Works. If DEVELOPER is required by this Agreement to construct any improvements that will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. 3.8 Provision of Real. Property Interests by CITY. In any instance where DEVELOPER is required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event DEVELOPER is unable, after exercising commercially reasonable efforts, for a period of ninety (90) days, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by DEVELOPER and upon DEVELOPER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow DEVELOPER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. DEVELOPER shall pay all costs associated with such 14 as 1198312 acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct any public improvements on land not owned by DEVELOPER;, except to the extent that the DEVELOPER elects to proceed with the development of the Project, and then only in accordance with valid conditions consistent with the Development Plan imposed by the: CITY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from ori ointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vesting Tentative :Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on DEVELOPER by providing more fully for the satisfaction of the public needs resulting from the Project. Developer's obligations under this Section 4 shall survive any termination of this Agreement except termination under Section 7.5. 4.2 Development Impact Fees/Traffic Fee. 4.2.1 City Traffic Fee. DEVELOPER shall pay to the City a development impact fee (the "City Traffic Impact Fee") equal to the "fair share" cost of those traffic improvements allocable to the Property (and allocable to the Annexable Property when annexed to this Agreement) as determined by the Project traffic study in accordance with Government. Code Section 66000 et seq. isa5 1198312 4.2.2 Time of Pavment. The City Traffic Fee required pursuant to Subsection 4.2.1 for the Property (and for the Annexable Property) shall be paid to CITY on the dates set forth in Schedule 3. During the term of this Agreement, commencing as of the Effective Date, the City Traffic Fee shall not be increased with respect to this Project, 4.2.3 In -Lieu Construction. DEVELOPER shall be entitled to credit against the City Traffic Fee for the construction of any of the improvements for which those fees are paid. Such credit shall be equal to the City's program costs for such improvement(s) listed on the "Fair Share" studies used by City to determine those fees. 43 Project Park Requirement. 4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of 200 Condo minium/townhouse DU's for which DEVELOPER shall pay Quimby Act Fees in the amount and at the times set forth in Schedule 3 attached hereto in accordance with Chapter 21.32.040(D) of the City's Municipal Code (the "Quimby Act Fees"). CITY agrees that the Quimby Act Fees shall not be increased during the term of this Agreement. CITY and DEVELOPER agree that the Quimby Act Fees were determined by using the fair market value of land located in the CITY reasonably suitable for park purposes as mutually agreed by CITY and DEVELOPER. 4.3.2 Improvement Credits. DEVELOPER shall receive credit against the Quimby Act Fees for any offsite park improvements or land dedications made by DEVELOPER. 4.3.3 Private Park Improvements. DEVELOPER shall design and construct private park improvements for the exclusive use of the future residents of the DU's (the "Private Park Improvements") of a type, size and quality reasonably approved by CITY. CITY and DEVELOPER shall engage in good faith negotiations following execution of this Development Agreement for the purpose of developing a conceptual design of the Private Park Improvements. DEVELOPER's constriction of the Private Park Improvements and payment of the Quimby Act Fees fully and completely satisfies DEVELOPER's Quimby Act Fee obligation imposed against the DU's constricted in the Project. 4.3.4 Park Credit. DEVELOPER maybe entitled to credit against the Quimby Act Fees for the value of private open space within the Property which is improved with Private Park Improvements for active recreational uses in accordance with Government Code Section 60477(e) as determined by the City in its reasonable discretion. 4.4 Development Agreement Fees. 4.4.1 Residential Fees. Developer agrees to pay to the CITY a development agreement fee at the issuance of certificates of occupancy for each DU in the Project as follows: $5,000 per DU for the first 75 DU's $12,000 per DU for the second 75 DU's $14,500 per DU for the final 50 DU's 16 05 1198312 4.5 Commercial Fee. 4.5.1 Commercial Anchor/Letter of Credit. DEVELOPER acknowledges that the development of the DU's will result in fiscal impacts to the CITY by reason of the need to furnish CITY services, including, without limitation, police, fire, and utility services for which the DU's do not generate tax revenue to offset the cost of those services. DEVELOPER intends to purchase the Annexable Property and to develop that Property in accordance with the Specific Plan for the commercial and retail uses described in Exhibit "F-1" attached hereto (the "Commercial Component") that will generate significant sales tax revenue to the CITY. DEVELOPER acknowledges and agrees that CITY would suffer the fiscal impacts of the DU's if DEVELOPER fails to purchase the Annexable Property and/or timely develop the Commercial Component with a Home Depot, Target, Lowes, or comparable sales tax generator reasonably approved by the CITY, containing at least 130,000 square; feet (the "Commercial Anchor"). As such, DEVELOPER agrees, within thirty (30) days following the Effective Date of this Agreement, and provided there are no lawsuits filed challenging this Agreement or any of the Current Development Approvals, or the Project's CEQA compliance, to post a Two Million Dollar ($2,000,000.00) Letter of Credit to the City to ensure timely development of the Commercial Anchor. The Letter of Credit shall be in the form of Exhibit "F-2" attached hereto. If construction of a Commercial Anchor does not commence on the Annexable Property on or prior to June 1, 2005, of if the Commercial Anchor is not open to the general public by April, 2006, (each an "LC Default"), then the CITY may draw down the Letter of Credit at the rate of Forty-one `Thousand Six Hundred Sixty-six Dollars ($41,666.00) per month until the earlier of (i) the date the applicable LC Default is cured, or (ii) until the $2,000,000 Letter of Credit is exhausted. 4.5.2 The right of the CITY to draw down the Letter of Credit is conditioned on the following: (a) Permitted delays set forth in Section 10.10 of this Agreement. (b) Timely CITY processing of Subsequent Development Approvals, as provided in Section 3.6.2 and Schedule 2 herein. (c) Final CITY approval of all Subsequent Development Approvals required for construction of the DU's and for construction of the Commercial Anchor. (d) CITY completion of the Grand Avenue Improvements described in Exhibit "E" benefitting the Commercial Component, within the schedule set forth in Exhibit "E". (e) CITY shall not otherwise be in material default under this Agreement. 4.5.3 The Letter of Credit, and CITY's rights to draw against the Letter of Credit, shall be the sole remedy available to CITY if DEVELOPER fails to acquire the Annexable Property or timely develop the Commercial Anchor. CITY acknowledges that DEVELOPER shall not be 17 05 512310 liable for any failure of the Commercial Component, including the Commercial Anchor, after completion thereof, to generate sales tax revenue in amounts projected or anticipated by the CITY. 4.6 No Additional Impact Fees. Except for the City Traffic Fee and the Quimby Fees, the City may not impose any new, additional, or increased Development Impact Fees upon the Property during the term of this Agreement. REVIEW FOR COMPLIANCE. 5.1 Periodic Review. The City Manager (or its designee) shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30 days after written notice from the City Manager (or its designee). The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 5.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City ;Manager (or its designee) shall conduct such special reviews. 5.3 Procedure. (a) During either a periodic review or a special review, DEVELOPER shall be required to demonstrate good faith. compliance with the terms of the Agreement. The burden of proof on this issue shall be on DEVELOPER. (b) Upon completion of a periodic review or a special review, the City.Manager (or its designee) shall submit a report to the City Council setting forth the evidence concerning good faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the City Council finds on the basis of substantial evidence that DEVELOPER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the City Council makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Agreement, the City Council may modify or terminate this Agreement as provided in Section 5.4 and Section 5.5. Notice of default as provided under Section 7.4 of this ,Agreement shall be given to DEVELOPER prior to or concurrent with, proceedings under Section 5.4 and Section 5.5. 5.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with ;modification or termination of this Agreement, CITY shall give written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: 18 05 1198312 (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and, (c) Such other information as is reasonably necessary to inform DEVELOPER of the nature of the proceeding. 5.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, DEVELOPER shall be given an opportunity to be heard. DEVELOPER shall be required to demonstrate: good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds, based upon substantial evidence; that DEVELOPER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 5.6 Certificate of AQre:ement Compliance. If, at the conclusion of a periodic or special review, DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER stating that after the most recent periodic or special review and based upon the information known or made known to the City Manager (or its designee) and City Council that (1) this Agreement remains J n effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. DEVELOPER may record the Certificate with the Los Angeles County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Manager (or its designee) or City Council. 6. PREVAILING WAGES. 6.1 Public Works Determination. DEVELOPER has been alerted to the requirements of California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Development Agreement constitutes a public works contract. It shall be the sole responsibility of DEVELOPER to determine whether to pay prevailing wages for any or all work required by this Development Agreement. Asa material part of this Development Agreement, DEVELOPER agrees to assume all risk of liability arising; from any decision not to pay prevailing wages for work required by this Development Agreement. 19 05 1198'312 6.2 Indemnification. As a further material part of this De-'velopment Agreement, DEVELOPER agrees to indemnify, defend and hold harmless the CIT'X—its officials, officers, employees, consultants and agents from any and all claims, liability, loss, cysts, damages, expenses, fines and penalties, of whatever stype or nature, including all costs of defe- Ilse and attorneys' fees, arising from any alleged failure of the DEVELOPER or DEVELOPER's cormstractors to comply with the prevailing wage laws of the State of California. If the CITY or any o f the other indemnified parties is named as a party in any dispute arising from the failure` of DEVELOPER or DEVELOPER's contractors to pa;y prevailing wages, DEVELOPER agrees that the CITY and those other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to pay all attorneys' fees and defense costs of the CITY and the other indemni .fied parties as billed, in addition to all other damages, fines, penalties, and losses incurred by the CITY and those other indemnified parties as a result of the action. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that neither party would have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that neither party shall be liable in damages to the other party, or to any successor in interest of such party, or to any other person, and each party covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (c) Arising out: of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 7.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against CITY or DEVELOPER as provided in Section 7.1 above; provided nothing in this Agreement precludes CITY frons exercising its rights to enforce bonds or other security furnished by DEVELOPER to CITY as required in the Development Plan. (b) Due to the size, nature and scope of the Project, it May not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, DEVELOPER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. DEVELOPER has invested significant time and 20 05 1198312 resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms; of this Agreement, and it is not possible to determine the sum of money that would adequately compensate DEVELOPER for such efforts. 7.3 Release. Except for nondamage remedies, including the remedy of specific performance as provided in Section 7.2, and judicial review as provided for in Section 5.5, DEVELOPER, for itself, its successors and assignees, hereby releases the CITY, its officials, officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, :known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.4 Termination or Modification of Agreement for Default of DEVELOPER. Subject to the provisions contained in Subsection 5.5 herein, CITY may terminate or modify this Agreement for any failure of DEVELOPER to perform any material duty or obligation of D EVELOPER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to DEVELOPER of default setting forth the nature of the default and the actions, if any, required by DEVELOPER to cure such default and, where the default can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.5 Termination of AQreement for Default of CITY. DEVELOPER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default. and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of'such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, 'has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8. THIRD PARTY LITIGATION. 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. DEVELOPER has reviewed the General Plan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of DEVELOPER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance; with law. 8.2 Third Party Litigation Conceming Agreement. DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers, independent contractors, subcontractors, and employees from any claim, action or proceeding against CITY, its agents, officials, officers, independent contractors, subcontractors, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any Subsequent Development Approval granted pursuant to this Agreement. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense of any such claim, action or proceeding. 8.3 Indemnity. In addition to the provisions of Section 8.2 above, DEVELOPER shall indemnify and hold CITY, its officials, officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (DEVELOPER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure or conveyance of the public improvements, save and except claims for damages to the extent arising through the gross active negligence or willful misconduct of CITY. DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, agents, employees, subcontractors and independent contractors in any action or proceeding based upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any such action or proceeding. 8.4 Environment Assurances. DEVELOPER shall indemnify and hold CITY, its officers, officials, agents, independent contractors, subcontractors, and employees free and harmless from any liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any, violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may, in its discretion, participate in the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attomey(s) that DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 22 06 1198312 �a 5�z3ia� 8.6 Survival. The provisions of this Sections 8.1 through 8.6, ine�lusive, shall survive the termination of this Agreement. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or lirrl- it DEVELOPER, in any manner, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security devvice securing financing with respect to the Property. CITY acknowledges that Mortgagees providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such Mortgagees tp negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner speci fled herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance of DEVELOPER's obligations under this Agreement. (c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to DEVELOPER under the terms of this Agreemernt, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 23 05114AO4 n 10. MISCELLANEOUS PROVISIONS 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Los Angeles County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. If an}, term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule 6f construction to the effect that ambiguities are to be resolved against the drafting party shall not be ernployed in interpreting this Agreement, all parties havinl; been represented by counsel in the negotiation and preparation hereof'. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Time of Essence. 'rime is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.8 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 24 05 1198312 10.10 Force Majeure. Neither party shall be deemed to be in defaul t where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulati ons, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for perfonnance by either party of any of its obligations hereunder may be extended by the written agreement of the parti es for the period of time that such events prevented such performance, provided that the term of this .Agreement shall not be extended under any circumstances for more than five (5) years. 10.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 10.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.13 Counterparts. This Agreement maybe executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 Jurisdiction and Venue. Any action at law or inequity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and DEVELOPER is that of a government entity regulating the development of private property and the developer of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent 25 05 1198312 512310 5 and to fulfill the provisions of this Agreement or to evidence or consurZlmate the transactions contemplated by this Agreement. 10.17 Eminent Domain. No provision of this Agreement shall b e construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Agent for Service of Process. In the event DEVELOPER is n of a resident of the State of California or it is an association, partnership or joint venture without a 11-1 ember, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, DEVELOPER shall file with the City Manager (or its designee), uporl its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon DEVELOPER. If for any reason service of such process upon such agent is not feasible, then in such event DEVELO PER maybe personally served with such process out of Les Angeles County and such service shall constitute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10.19 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind DEVELOPER to the performance of its obligations hereunder. 10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER THOROUGHLY REVIEWED THIS AGREEMENT THE RIGHTS ANS OBLIGATIONS OF DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER HAS EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE, SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET, AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS OF SECTION 4.4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES AND .AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS AND BENEFITS OF THIS AGREEMENT AND IS WILLING AND ABLE TO BEAR THE ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO. 26 j 1198312 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. "DEVELOPER" LEWIS-DIAMOND BAR, LLC a Delaware limited liability company By: LEWIS OP TING CORP., a Californ c oration — sole anager Dated: q1"10 `` _ By: Name: David R. Lewis 11tle: Vice President -/Director of Multifamily Deve I opment/Secretary "CITY" CITY OF DIAMOND BAR Dated: By: Name: _;9, 4. `rice Title: �y W BF:km\949\G2303D-DevAgmt;062S)04 27 05 1198312 STATE OF CALIFORNIA ) ) ss. COUNTY OFS,9d ,6fA'lXZti rVo ) On S be,— 1 -7-0o << before me, rDaIA 4 - JOh* Sed , a Notary Public in and for said county and state, personally appeared [7/V-rD ,e. personally known to me (car-pfev 9mg- o -n the -ha' S ^f gari'zfaQtG+Y z) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature E(2� a C STATE OF CALIFORNIA ) j ss. COUNTY OF . c e• ) EDN,gA, JOHNSON Commissl M # 1419943 . •� Notary PubBc - CaBfaMo Son BenXKd o county My Comm. Expires Jun 4, 2007 On ke, cy 7)C c-1 before me, f" J'1 i/vs , a Notary Public iri and for said county and state, personally appeared Rcb=4 c; personally known to me (� �-� ,a `� ^�P ^n rh baSie of cat;cfa�oly c��) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature TOMA!''E ANNE &' " Lou 411077 s - Callfomloes. M0 26, 7 05 198312 ..., ToMMYE ANNE CRIBBINS Commission !►1411077 t Notary Put - 00omla Los ArpNs�t ICQmty Ny Comm. Exp6m. Apr26.2007 TOMA!''E ANNE &' " Lou 411077 s - Callfomloes. M0 26, 7 05 198312 'V4-� � 5123105 EXHIBIT "A-1 " TO DIAMOND BAR VILLAGE DEVELOPMENT AGRIlt-�EMENT Legal Description of Property THE LAND SITUATED IN THE STATE OF CALIFORNIA, CITY OF DL0,40ND BAR, COUNTY OF LOS ANGELES: PARCEL A: PARCELS 2 AND 3 OF PARCEL MAP NO. 14819, IN THE CITY OF DLkN-jOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN gOOK 154, PAGES 27 TO 30 INCLUSIVE OF PARCEL, MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL & GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER AS RESERVED IN DEED OF TRANSAMERICA DEVELOPMENT COMPANY A CORPORATION, RECORDED MARCH 29, 1968, BOOK D3955 PAGE 185, OFFICIAL RECORDS. ANDRE_ RECORDED JUNE 19, 1969, BOOK D4407, PAGE 591, OFFICIAL RECOPDS. ALL SURFACE RIGHTS TO A DEPTH OF 500 FEET WERE QUITCLAIMED BY INSTRUMENT RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553, OFFICIAL RECQRDS. PARCEL A1: THOSE CERTAIN NON-EXCLUSIVE PERPETUAL ROAD EASEMP-NTS GRANTED IN ACCORDANCE WITH SECTIONS 5.01, 5.02, AND 5.03 OF THAT CERTkIN DECLARATION OF RESTRICTIONS, SLOPE DEVELOPMENT, MAINTENANCE AND EASEMENT DATED MARCH 2, 1983, AND RECORDED MARCH 2, 1983 AS INSTRUMENT NO. 83-237794, OFFICIAL RECORDS. . Exhibit "A-1., 05 1498312 EXHIBIT "A-2" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Description of Annexable Property Annexable Property is that portion of Planning Area 1 which provides for commercial -retail development of the type generally shown on Exhibit 7-1" attached hereto. Exhibit "A-2" 00,- 1- 9 8 312 EXHIBIT "A-3" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Notice of Annexation Recording requested by: TITLE COMPANY Order No - When recorded return to: (Space Above This Line for Recorder's Use Only) NOTICE OF ANNEXATION FOR DIAMOND BAR VILLAGE Exhibit "A-3" 05 1198312 NOTICE OF ANNEXATION DIAMOND BAF: VILLAGE DEVELOPMENT AGREEMENT THIS NOTICE OF ANNEXATION ("Notice of Annexation') is executed by the City of Diamond Bar ("City") and Lewis -Diamond Bar, LLC, a Delaware limited liability company ("Developer") this day of , 200_ pursuant to and in accordance with that certain Diamond Bar Village Development Agreement between the City of Diamond Bar and Developer approved June 29, 20041(Ordinance 04(2004) (the "Development Agreement"). RECITALS Developer is the owner of that certain real property located in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described and set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Annexable Property"). Section 1.1.22 of Development. Agreement requires that Developer annex the Annexable Property into the Development Agreement within thirty (30) days after its acquisition of title to the Annexable Property. NOW, THEREFORE, in accordance with the foregoing recitals and pursuant to Section 1.1.22 of the Development Agreement, City and Developer agree as follows: : ARTICLE 1 ANNEXATION 1.1 Annexation of Annexable Property. City and Developer hereby declare that the Annexable Property is annexed to and made part of the Property already subject to the Development Agreement. This Notice of Annexation constitutes a notice of annexation as described in Section 1.1.20 of the Development Agreement. By virtue of such annexation, the Annexation Property is and shall be part of the Property and subject to each and all of the terms and conditions of the Development Agreement. ARTICLE 2 GENERAL PROVISIONS 2.1 Amendment. This Notice of Annexation may be amended only in accordance with the provisions of the Development Agreement. 2.2 Inurement. This Notice of Annexation, and each of the covenants, conditions, restrictions, reservations, easements, liens and charges set forth in the Development Agreement, shall run with the Annexable Property and shall inure to the benefit of and be binding upon Developer and its successors -in -interest to the Annexable Property, for such duration and according to such terms and provisions as set forth in the Development Agreement. Exhibit "A-3" 05 1198312 512310 5 Assignunent / Notice of Annexation Ui Page 2 2.3 Defined Terms. Unless otherwise defined herein, all capitalized w1ords and phrases used in this Notice of Annexation shall have the same meanings given them in the Development Agreement. IN WITNESS WHEREOF, the City and Developer have executed this Notice of Annexation as of the date first above written to be effective upon its record' ation in the Official Records of Los Angeles County, California. "CITY" CITY OF DIAMOND BAR By: Name: Title: "DEVELOPER" LEWIS-DIAMOND BAR, LLC, a Delaware limited liability company By: LEWIS OPERATING CORP., a California corporatiori By: Name: Exhibit "A-3" 05 1198312 X12310 5 STATE OF CALIFORNIA ) ss. COUNTY OF —) On _ _before me, , a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, .and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature Exhibit "A-3" 05 1198312 Exhibit "A-3" 05 11 9 8 ,Z I EXHIBIT "B" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Map of Specific Plan Area Exhibit 'B" 05 1198312 Sub -PQ 3 office/Business Park— or High -Density Residential 2.7 AC LAND USE SUMMARY 101—Ina arta .l Is NA devel(jW with of Cttusiness usm hiub.dmsiy recidMuihl uses may mmir as an e.panslM al Plamm�u ares i and shall nM oc vd t1w meal nijmhw of uaiss prnniucd by shit ipx,fie 1'Iml ' 1,.AJn.."' cluarl aoln+. uYulY, snd..wr.I hahim. Figure 7 Specific Plan Land Use Plan 7541 PLANNING CONSULTANTS DIA14OND BAR VILLAGE 115{j EW 17th Ya0. IIYI, �� Page a II- A vnv Aplanningxom Com mercial- Ren iVlnstitutional mmmm 1 30.7 -- — I ligh-Density Residential 2 11.6 17.2 dulac 200 Office/Business Park or [lip,h-Density Residential' Open Space' 4 25.5 -- — 101—Ina arta .l Is NA devel(jW with of Cttusiness usm hiub.dmsiy recidMuihl uses may mmir as an e.panslM al Plamm�u ares i and shall nM oc vd t1w meal nijmhw of uaiss prnniucd by shit ipx,fie 1'Iml ' 1,.AJn.."' cluarl aoln+. uYulY, snd..wr.I hahim. Figure 7 Specific Plan Land Use Plan 7541 PLANNING CONSULTANTS DIA14OND BAR VILLAGE 115{j EW 17th Ya0. IIYI, �� Page a II- A vnv Aplanningxom EXHIBIT "C" TO DIAMOND BAR VILLAGE DEVELOPMENT AGRIEEMENT Current Development Approvals General Plan Amendment No. 2004-01 Resolution No. 2004-36 Zone Change No. 2004-02 Ordinance No. 02(2004) Diamond Bar Village Specific Plan No. 2004-01 Ordinance Na, 03(2004) Addendum to Medical Plaza Final Environmental Impact Report, SCH No,. 91121027 and Diamond Bar Economic Revitalization Area Final Environmental Impact Report, SCH 96111047 Resolution No,. 2004-35 Development Agreement No. 2004-01 Exhibit "C" Ordinance No,. 04(2004) 05 119832 EXHIBIT "D" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Existing Land Use Regulations 1. City of Diamond Bar, Development Code Adopted November 3, 1998. 2. City of Diamond Bar, General Plan Adopted July 25, 1995. 95 1198312 Exhibit "D" 512310 5 EXHIBIT "E" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Grand Avenue Improvements The proposed Grand Avenue Beautification/Betterment Project consists of modifications/improvements to the existing center median islands, architectural treatment and aesthetic enhancement to the roadway and intersections. The center median modifications will include reconstruction of curbs for proper channelization of traffic, replacement of existing irrigation systems, landscape, hardscape, planting, and concrete improvements. Included in this Beautification/Betterment Project will be traffic safety enhancements such as street widening in the vicinity of Golden Springs Drive, installation and/or modification of signals, street lights, signal timing synchronization, striping, drainage improvements and other streetscape im provements Description and Construction Schedule Start of Construction - April 2005. Completion of construction — March 2006 Exhibit „E„ 05 1198312 EXHIBIT "F-1" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Commercial Component Description Exhibit 7- " 05 1193312 00 conceptual alts assign +or ulualraWe purposes only and represenb only one aeemative for developmenl of the site. Individual building designs an typical and basad an requirements established by the Do Nd BM VILLAGE SPEQPIC PLAN, This design concept is not intended to dictate or gmit other design altemativea. Actual development mayv y - Source: Pierce/CooleyArcltibi t&B PLANNING CONSULTANTS .,I"Me. n+ra w..I,-.1. ft a-.. Figure 8 uonceptuai bite Plan- Commercial-Retail/Institutional (Option A) not 0 scale Tli ammilun Rau Vii i ar_F A6 1 �rs.a r..,s..... s,..•'aa f..h Ufveat3 t ,,,uasefwn,.fasf,e, DIAMOND BAR VILLAGE 1 1 , i nE310BlML \l,_ f 1 I 11 f - aa� ^Y._ �r L;.t 1 e• i( I I I u I' I I ,. .. li III 1 1�1 .� JI' -- "~` - _•S '_"""` i�� J•• �e�..a... .Aware emxlcnrva' r,Veva elaceRslE \� ; I I i 1 l —M oorf tEfes TMEL I! .unwo elRlmunE am010lEYR \ l _I / 1.+, v EL /eP Ei,me � >I+: III , li.n rTl ELM MAM laSi,aR _ 11095TIMCAWARY -I .:.. - - moutooll" 1�...,..II , = li N if _ _ �... 7 It t,l ' r I'1IW111 I"r!147 U \ ��� � -%.I 1 l 1��9 �- a. ♦1'11' � f ^• I �`` y � � -f— ."f ` / l \ I -1l• �` C{r RNfe ! 11 II �I I s`r a. !/ I R,...4�a ... .I .- •1: .I 111 It Figure 9 Notes: This is a conceptual Bile design for Illustrative purposes Doty end Conceptual — Site Plan represenls only one allemalive for development of the site. established biding dpiyns BA typical SPECInd ed PLM. established 6y Iha Owano BM Vauee SreciFlc ('wy, This design design concept is not Intended to dictate or Ilmit ogler design alternatives. Commercial-Retail/Institutional (Option B) Actual devil gmenl may vary, Sowce:Pierce/CcoleyArchilech a (o 1 �rs.a r..,s..... s,..•'aa f..h Ufveat3 t ,,,uasefwn,.fasf,e, DIAMOND BAR VILLAGE 5123105 EXHIBIT "F-2" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Letter of Credit Form FINANCIAL INSTITUTION NAME ADDRESS Contact Phone: Email: IRREVOCABLE STANDBY LETTER OF CREDIT Beneficiary: I Letter of Credit No.: City of Diamond Bar 21825 Copley Drive Date: , 2004 Diamond Bar. CA 91765 Ladies and Gentlemen: At the: request and for the account of Lewis -Diamond Bar, LLC, a Delaware limited liability company, 1156 North Mountain Avenue, Upland, California 91786, we hereby establish our Irrevocable Letter of Credit in favor of the City of Diamond Bar in the amount of Two Million and 00/100 United States Dollars (US $2,000,000.00) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded pursuant to either A or B below: A. "The undersigned, an authorized representative of the City of Diamond Bar, hereby certifies that: 1. Lewis -Diamond Bar, LLC, a Delaware limited liability company, has failed to timely perform its obligations under Section 4.5.1 of that certain Diamond Bar Village Development Agreement (the "Development Agreement") dated , 2004, by and between the City of Diamond Bar, a municipal corporation of the State of California ('Beneficiary"), and Lewis -Diamond Bar, LLC, a Delaware limited liability company ("Lewis"), with respect to the development of the Commercial Component as defined in the Development Agreement; and 2. None of the: conditions in Section 4.5.2 of the Development Agreement apply; and 3. Written notice of default and intent to draw on this Letter of Credit was delivered by Beneficiary to Lewis thirty (30) days prior to the date of this request to draw on the Letter of Credit; and therefore, Exhibit "F-2" 4. Pursuant to Section 4.5.1 of the Development Agreement, a monthly draw in the Amount of $41,666.00 is due and payable to Beneficiary on 200 and on the same day of each month thereafter until written notice that Lewis is not in default is executed by Beneficiary and delivered to us; or B. "The undersigned, an authorized representative of the City o f Diamond Bar, hereby certifies that: 1. Lewis -Diamond Bar, LLC, a Delaware limited liability company, has failed to meet its obligations under Section 4.5 of that certain Development Agreement for the (the 'Development Agreement) dated , 2004, by and between the City of Diamond Bar, a municipal corporation of the State of California ('Beneficiary"), and Lewis - Diamond Bar, LLC, a Delaware limited liability company ("Lewis"), because [FINANCIAL INSTITUTION NAME] delivered written notice not to extend the Letter of Cred it and Lewis failed to deliver a replacement Letter of Credit or to extend term of this Letter of Credit at least ten 00) days before expiration of this Letter of Credit; and therefore, 2. Pursuant to Section 4.5.1 of the Development Agreement, the Amount of is due and payable to Beneficiary." Each draft must be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit in the amount of our payment on such draft. Each draft drawn hereunder must be marked "Drawn under [FINANCIAL INSTITUTION NAME] Letter off Credit No. , dated , 2004". This Letter of Credit expires at our above office on 2005 but shall be automatically extended, without written amendment, first to 2006, then to , 2007, and then to, but not beyond , 2008 unless we have sent written notice to you at your above address by registered mail or express courier that we elect not to extend this Letter of Credit beyond the date specified in such notice, which date will be , 2005, or , 2006, or ,2007and be at least thirty (30) calendar days after the date we send you such notice. Partial drawings are permitted (more than one draft may be drawn and presented under the Letter of Credit). The aggregate amount of all drafts presented to us under and in compliance with the terms of this Letter of Credit on or before 2005, or the. expiration date as extended, may not exceed $2,000,000.00. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. Exhibit " F-2" fly 1 i OQ0.4 C) We hereby engage with you that all drafts drawn under and in compliance with the terms of this Credit will be duly honored by us if drawn and presented for payment at our office on or before the expiration date as specified herein. FINANCIAL INSTITUTION NAME Name: Title: Exhibit "F-2" 05 1198312 SCHEDULEI TO DIAMOND BAR VILLAGE DEVELOPMENT AGR P—EMENT Brookfield Home Depot, Lowes, Target List of Pre -Approved Developers Schedule 1 05 C) M.4 SCHEDULE2 TO DIAMOND BAR 'VILLAGE DEVELOPMENT AGREEMENT Entitlement Processing Schedule To be detertnined Schedule 2 05 1198312 SCHEDULE3 TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Project Impact Fees FEE DESCRIPTION AMOUNT TIME OF PAYMENT City Traffic Fee [To be Determined per Section 4.2.1 ] Residential — prior to each certificate of occupancy Commercial — prior to each certificate of occupancy Quimby Fee $2,175 per DU Prior to each certificate of occupancy PLANNING COMMISSION RESOLUTION NO. 2006- 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 2004-01 REGARDING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE COMPRISED OF APPROXIMATELY 70 ACRES AND IDENTIFIED AS ASSESSORS PARCEL NUMBERS - 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009 A. RECITALS The applicant, Lewis -Diamond Bar, LLC (Lewis), acting as a property owner, has filed an application for Amendment No. 2 to Development Agreement No. 2004-01 regarding development of a site comprised of approximately 70 -acres generally located at the southeast corner of Grand Avenue and Golden Springs Drive and identified as Assessors Parcel Numbers - 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009 Hereinafter in this Resolution, the subject application shall be referred to as the "Application," and the proposed development as the "project." 2. The applicant has specifically requested the City to approve Amendment No. 2 to Development Agreement No. 2004-01 concerning schedule for the payment of traffic fees for the develop�erif of the commercial component of the Diamond Bar Village on the Property as outlined in Exhibit "A" attached hereto. 3. On August 25, 2006, notification of the public hearing for this application was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, public hearing notices were mailed to approximately 552 property owners of record within a 700 -foot radius of the project. Furthermore, the project site was posted with a required display board and public notices were posted in three public places. 4. The Community Development Department has determined that the proposed Amendment No. 2 to the Development Agreement represents a consistent, logical, appropriate and rational implementing tool that furthers the goals and objectives of the City General Plan and it is in the public interest. 5. On September 12., 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a public hearing on the Application. 6. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1,. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends that the City Council approve Amendment No. 2 to Development Agreement No. 2004-01. 3. California Environmental Quality Act (CEQA): The Addendum for Diamond Bar Village, which is an addendum to the Medical Plaza and Revitalization EIRs, considers potential environmental impacts of Diamond Bar Village and the Specific Plan and meets all requirements for compliance with CEQA. 4. The Planning Commission does hereby recommend to the City Council approval of the proposed Amendment No. 2 to Development Agreement No. 2004-01, with finalization and execution by the City Manager, based on the following findings, as required by 22.62.030(e) of the Municipal Code and in conformance with California Government Code Section 65864 et seq. a. Amendment No. 2 to Development Agreement would be in the best interest of the: City. b. Amendment No. 2 to Development Agreement No. 2004-01 implements the proposed Diamond Bar Village project and will provide certainty to the City and the Applicant regarding the development time table, impact fees, applicable ordinances, overall development standards and similar matters. Because of this, the Agreement is in the best interest of the City and its residents. C. Amendment No.2 to Development Agreement No. 2004-01 is consistent with the General Plan, any applicable Specific Plan and the Development Code. The subject of Amendment No.2 to Development Agreement No. 2004-01 is consistent with the General Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. 2 Planning Commission Resolution No. 2006-37 d. Amendment No. 2 to Development Agreement No. 2004-01 would promote the public interest and welfare of the City. Development Agreement No. 2004-01 implements this development plan and thus promotes the public interest and welfare. e. Amendment No. 2 to Development Agreement No. 2004-01, prepared in accordance with Government Code Section 65864 et seq., and Chapter 22.62 of the Development Code, establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. 5. The Planning Commission does hereby recommend City Council approval of Amendment No. 2 to Development Agreement No. 2004-01 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (1) Certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSI N OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of September 2006, by the following vote: AYES: Commissioners: Torng, Wei, VC/Nelson NOES: Commissioners: Lee ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: ancyFong, Pecretary 3 Planning Commission Resolution No. 2006-37 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK 1 FROM: \ c:.t c -,n c. ;� ! r � DATE: ADDRESS: rcDCD PHONE ORGANIZATION: AGENDA #/SUBJECT: 1�-/? o-4 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:.:',x'i,a ADDRESS: ORGANIZATION: n r%r-HIII A UI0I 10 1Ct+T• DATE: JI 1 PHONE: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 67 '7100 ADDRESS: �L°Z�� 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. TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL A(zi=kInA ivCI IR.IF('T CITY CLERK DATE: PHONE: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �Qn ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: PHONE: fa? I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sig ature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �ey%� DATE:`��/9�d6 ADDRESS: -S��/�: PHONE5�78'��6� ORGANIZATION: PST e AGENDA #/SUBJECT:�GU� � 7 19176 e �T TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK R 'Q 13 C-2_ T DATE: "b- ( € �` L� (:< i PHONE: 4,5;40 , AGENDA #/SUBJECT: c'1`- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: CNA yz ADDRESS: ORGANIZATION: N, AGENDA #/SUBJECT: V L) T-/ 0 f DATE: ! I j6 ►V I�- �% OJ t'HONE: 26