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HomeMy WebLinkAbout01/16/2007city Council Agende (I DL�lO�D Bt1R��, Tuesday, January 16, 2007 5:30 p.m. — Closed Session CC -8 5:45 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 'Teleconference Location: 875 North Brea Blvd., Brea, CA 92821 Mayor Steve Tye Mayor Pro Tem Jack Tanaka Council Member Wen Chang Council Member Carol Herrera Council Member Bob Zirbes City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the 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 (luring 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, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET 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, AND IS ALSO AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA January 16, 2007 Next Resolution No. 2007-01 Next Ordinance No. 01(2007) CLOSED SESSION: 5:30 p.m., Room CC -8 ► Government Code Section 54956.9(a) — Pending Litigation — (2 Cases) (1) People of the State of Calif. v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 (2) Diamond Bar v. Southern California Edison LACSCC - No. BC351266 Public Comments on Closed Session Agenda STUDY SESSION: 5:45 p.m., Room CC -8 No. Air Quality Management Plan — Presentation by AQMD ► Wi-Fi Program Report — Presentation by Ken Desforges Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Bob Stebe Northminister Presbyterian Church ROLL CALL: Council Members Chang, Herrera, Zirbes, Mayor Pro Tem Tanaka, Mayor Tye APPROVAL OF AGENDA: Mayor January 16, 2007 PAGE 2 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Presentation of Certificate Plaque to HSBC Bank, USA located at 2783 S. Diamond Bar Blvd. as the New Business of the Month, January, 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of Vicki Cross, Human Resources Manager. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 E -Waste Round -Up — January 20, 2007 — 9:00 a.m. — 4:00 p.m. AQMD/Government Center Parking Lot, 21865 Copley Dr. 5.2 Neighborhood Traffic Management Program Open House — January 20, 2007 - 10:00 a.m. — 4:00 p.m., AQMD/Government Center GB Room, 21865 Copley Dr. 5.3 Planning Commission Meeting — January 23, 2007 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.4 Parks and Recreation Commission Meeting — January 25, 2007 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.5 City Council Meeting — February 6, 2007 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. January 16, 2007 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Special Meeting — December 18, 2006 — Approve as submitted. (b) Study Session Minutes — December 19, 2006 — Approve as submitted. (c) Regular Meeting Minutes — December 19, 2006 — Approve as submitted. 6.2 Ratification of Check Register — Ratify Check Register containing checks dated December 14, 2006 through January 10, 2007 in the amount of $3,595,983.55. Requested by: Finance Department 5.3 Treasurer's Statement - month of November, 2006. Recommended Action: Review and Approve. Requested by: Finance Department (3.4 Rejection of Claim: Filed by Isidro Ochoa on December 12, 2006. Recommended Action: Deny. Requested by: City Clerk 6.5 Acceptance of Work Performed by Zusser Company, Inc. for the Construction of Slope Repairs at Diamond Bar Center, Direct the City Clerk to File the Proper Notice of Completion and Release the Retention Thirty -Five Days after the Recordation Date. Recommended Action: Accept and Authorize. Requested by: Community Services Department 6.6 Adopt Resolution No. 2007 -XX: Confirming the Appointment of Specific Representatives to the San Gabriel Valley Council of Governments. Recommended Action: Adopt. Requested by: City Manager January 16, 2007 PAGE 4 6.7 Award Professional Engineering Services Contract to Katz, Okitsu & Assoc. for the Design of Traffic Calming Measures along Sunset Crossing Rd., between Diamond Bar Blvd., and Prospector's Rd., and on Prospector's Rd. Between Sunset Crossing Rd. and Golden Springs Dr. in the Amount of $57,600, Plus a Contingency Amount of $10,000 for a Total Authorization of $67,600. Recommended Action: Award. Requested by: Public Works Department 6.8 Approve Notice of Completion with Macadee Electrical for Modification of Traffic Signals at Diamond Bar Blvd./SR-57 Fwy On - Ramp, Diamond Bar Blvd./Sunset Crossing Rd, Diamond Bar Blvd./Cold Spring Ln., and Installation of New Traffic Signals at Pathfinder Rd./Peaceful Hills Rd. and Diamond Bar Blvd./Maple Hill Rd. to Macadee Electrical. Recommended Action: Approve. Requested by: Public Works Department 6.9 Approve Contract Amendment with Warren C. Siecke Transportation and Traffic Engineering for the Design of Traffic Signal Interconnect at Various Locations in the Amount of $34,000 Plus a Contingency Amount of $3,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $37,000. Recommended Action: Approve. Requested by: Public Works Department 6.10 Award Three -Year Design and Construction Administration Services Contract for Residential Areas and Arterial Zones Slurry Seal/Cape Seal Project to Norris-Repke and Approve a Contract Amount of $74,380 with a Contingency Amount of $7,500 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $81,880 in FY 2006-07. Recommended Action: Award. Requested by: Public Works Department January 16, 2007 PAGE 5 6.11 Award Design and Construction Administration Services for the 2006-07 Community Development Block Grant (CDBG) Curb Ramp Installation Project to AAE, Incorporated in the Amount of $29,938, and Authorize a Contingency Amount of $3,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $32,938. Recommended Action: Award. Requested by: Public Works Department 6.12 Approval of the Surplus of a 1989 Chevrolet Pick-up Truck. Recommended Action: Approve. Requested by: City Manager 6.13 Adopt Resolution No. 2007 -XX: Establishing an Approved Vendor List as Defined in Ordinance No. 05(2006) to be in Effect From February 1, 2007 until January 31, 2008. Recommended Action: Adopt. Requested by: Finance Department 6'.14 Approve Adjustment of City Council Appointments to the Joint Powers Insurance Authority (JPIA). Recommended Action: Approve. Requested by: City Manager 6.15 (a) Approve Release of Covenant and Agreement and Release of Restricted Use Area Located on Parcel 1 of Parcel Map. No. 14819 (Target Parcel, Corner of Grand Ave. and Golden Spgs. Dr.) Recommended Action: Approve. (b) Adopt Resolution No. 2007 -XX Approving Final Parcel Map No. 61702, for the Subdivision of a 13.69 Acre Site (Target Development) into Three Parcels Located on the Southeast Corner of Golden Spgs. Dr. and Grand Ave. Recommended Action: Adopt. Requested by: Public Works Department January 16, 2007 PAGE 6 6.16 Authorize the City Manager to Enter into An Agreement with TMG Communications, Inc. to Develop a Public Education and Community Outreach Program ($80,000). Recommended Action: Authorize. Requested by: City Manager 6.17 Approve Amendment to FY 2006-07 Community Block Grant (CDBG) Program to Reallocate and Appropriate $150,000 of Prior Year CDBG Funds for the Home Improvement Program (HIP) to a Total of $266,197 and Adopt Resolution No. 2007 -XX. Recommended Action: Approve and Adopt. Requested by: Planning Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7'.1 Public Hearing — Continued from December 19, 2006. Consideration of General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement 2005-01, Specific Plan No. 2005-01, Vesting Tentative Tract No. 63623, Conditional Use Permit No. 2005-01, Development Review No. 2005-27 and Tree Permit No 2005-06, Pursuant to the Subdivision Map Act, City's Subdivision Ordinance (Title 21) and Development Code (Title 22, Sections 22.22, 22.38, 22.48, 22.58, 22.60, 22, 22.70, and 22.62). The Proposed Project Consists of a 99 -Unit Single—Family Residential Subdivision, a Public Park and Open Space Areas on Approximately 34.52 Acres, Located on Property South of Larkstone Dr., East of Morning Sun Ave., West of Brea Canyon Rd., and Northwest of Peaceful Hills Rd. (Related File: Environmental Impact Report No. 2005-01). Recommended Action: Open the Public Hearing, Receive Additional Public Testimony and Continue the matter to February 6, 2007. Requested by: Community Development Department 7.2 Consideration of Adopting Resolution No. 2007 -XX: Approving the FY 2007-08 Community Development Block Grant Program in the Amount of $371,372. Recommended Action: Open the Public Hearing, Receive Testimony and Adopt Resolution No. 2007 -XX. Requested by: Community Development Department January 16, 2007 PAGE 7 COUNCIL CONSIDERATION: None COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR CITY COUNCIL SPECIAL MEETING DECEMBER 18, 2006 Agenda No. 6.1(a) STUDY SESSION: Mayor Tye called the Special Meeting to order at 9:05 a.m, in Conference Room CC -3 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance Present: Council Members Chang, Herrera, Zirbes (telephonically), Mayor Pro Tem Tanaka and Mayor Tye. t: Also Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Nancy Fong, Community Development Director; David Liu, Public Works Director; Ken Desforges, IS Director; Ryan McLean, Senior Management Analyst; Marsha Roa, Public Information Manager and Tommye Cribbins, City Clerk. CM/DeStefano said the purpose of this morning's meeting was to update Council on the pending economic development initiatives that were set forth earlier this year through workshops and the Council's goals and objectives. 1) KMART CM/DeStefano reported that staff and the City's Economic Development Consultant, Larry Kosmont have had recent discussions with the Kmart property owner, Arman Gabey. The discussions focused on creation of a parking authority to accommodate the creation and financing of additional parking spaces on the property. Mr. Gabey has an interest in redeveloping his property, the Kmart portion. And he also has an interest in redeveloping the surrounding properties that include the retail center, gas stations, fast food establishments, etc. that exist on Gentle Springs Ln. and from that point to Golden Springs Dr. Mr. Gabey is not looking to acquire any of the properties, rather, seeking the City's assistance in assembling the properties through creation of a parking authority. Staff told Mr. Gabey that he would need to provide a more detailed proposal to back up his request for a significant financial contribution from the City. In response to C/Herrera CM/DeStefano explained that the project has gone from big box type stores to smaller retail and restaurant "lifestyle" uses and Mr. Gabey felt it would take a couple of months to prepare a new plan. CM/DeStefano believed it would be February or March before the City received the new proposal. A parking authority would not be established until the City was fully aware of the proposed project. CM/DeStefano responded to C/Chang that he believed Mr. Gabey was very clear on the City's position. DECEMBER 18, 2006 PAGE 2 CC SPECIAL MEETING C/Herrera asked if Mr. Gabey intended to contribute investment money or was expecting the City to foot the entire amount. CM/DeStefano indicated that talks have not progressed to that level of detail but said he knew that Mr. Gabey was aware he would have to contribute a substantial portion of the total investment dollars necessary to complete the project. C/Herrera felt the City should consider the larger 20-25 acre project over the smaller 8 or 10 acres occupied by Kmart to maximize the full potential of the area. She asked if there was consideration of connecting the upper and lower portions of the mall with a driveway. CM/DeStefano responded Yes. The concept included removing one of the buildings inside the Jolly Bagel shopping center and replacing it closer to the old Sheriff's substation or looking at a broader opportunity to create an entirely new palate by removing all of the buildings and proposing a much more intense development. 2) HONDA PROPERTY CM/DeStefano stated that at this point the owner is still 10-12 months away from relocating to the City of Industry, a site that has not yet commenced construction. The owner proposes to sell or lease the 5 -acre property and believes the value of the property to be about $10 to $12 million including the Burger King site. The owner does not favor relocating from D.B. However, it is a Honda dealership requirement. The graphic shows potential freeway modification for new on/off ramps at the Grand/SR57 merge through the Honda storage lot. The new ramp would replace the existing on/off ramp at Grand Avenue. The City commented back that the new on/off ramp probably has merit but not at its proposed location because it slices and erodes the Honda property even further. The City of Industry and D.B. have a strong interest in widening the Grand Avenue Bridge to add capacity and to review the existing on/off ramps and merging of the SR60 and SR57. Old Brea Canyon Road is owned by the City of Industry, which gives D.B. an opportunity to talk with Industry about vacating the property to D.B. and pushing the road further west. The next step for D.B. is to assist the property owner's broker in promoting the site for the types of land uses that would be most acceptable to D.B. It is unlikely that the site would ever be used as a new car dealership again. Rather, it would likely be a satellite new car store or used car, recreational vehicle, motorcycle or a boat sales facility. It may also be developed with hotel and restaurant uses. 3) CRESTLINE PROPERTY CAA/DeStefano explained that the unincorporated area has been considered for annexation to D.B. for about two years. Residents are confused about their DECEMBER 18, 2006 PAGE 3 CC SPECIAL MEETING jurisdiction. Planning staff continues to move forward with the annexation process that will take about two years to finalize. D.B. needs to amend its General Plan, to provide zoning for the properties, apply for the annexation, schedule a vote of the property owners and develop an environmental document for certification. CDD/Fong responded to C/Chang that the few residents who attended the community meetings were in favor of annexation and looked forward to having D.B. take care of their streets. CM/DeStefano stated that ingress/egress for the existing developed property is via Brea Canyon Cutoff. There is no other access proposed and no other access that is feasible. This property is adjacent to the 100 acres that D.B. is looking to purchase from the City of Industry and is adjacent to the Aera Energy property. LAFCO gave preliminary approval for the potential of this property to become part of D.B. because it makes sense for many reasons. 4) SITE D C:M/DeStefano stated that Site D is the 28 -acre site located at Diamond Bar Blvd. and Brea Canyon Rd. and is declared excess property that is owned by the School District. D.B. was in escrow with Lewis to purchase the property. However, the agreement with Lewis expired and the property went back on the market. D.B. has discussed with the School District its desire to create a specific plan for the site with 50 percent commercial development because residential is not as promising as a freeway -oriented and residential serving commercial site at that location. The School District is interested in a residential plan because it would meet their objectives to generate the highest value possible. Last week staff and CA/Jenkins met with the School District's Superintendent and attorney to finalize the details of a Memorandum of Understanding (MOU). If the MOU comes together the way staff believes it will the matter would be placed on the Council's January 16 agenda for approval. Incorporated within the MOU is the City's interest in processing a specific plan for the property in an expeditious manner that would include the City fronting the cost for the specific plan estimated at about $250,000. The School District would reimburse the City upon sale of the property. CM/DeStefano responded affirmatively to C/Herrera's questions regarding the specific plan changing the land use and the City's General Plan. The General Plan land use is currently Public Facility and the zoning is Single Family Residential, neither of which would fit with the desires of either the City or the School District. The entire process is likely to take about a year to conclude. DECEMBER 18, 2006 PAGE 4 CC SPECIAL MEETING 5) UPDATE ON THE COUNTRY HILLS TOWNE CENTER Mr. McCarthy (MCC Capital) is continuing to seek tenants for his property. The City does not have any information with respect to new tenants. However, Mr. McCarthy has had recent conversations with the City and has talked about coming forward in about 30 days to address those issues. Currently, Mr. McCarthy is moving existing tenants in preparation for new tenants. For example, he is moving the State Farm Insurance office into the Friends of the Library space and has given the Friends of the Library notice to vacate in the middle of January. Mr. McCarthy has been encouraged to give the Friends additional time but it is his business decision. The grocery store is under construction and slated to be completed by June 2007. However, it is more likely to be completed about August. Starbucks has been approved to move forward with construction at the old Wherehouse location. CDD/Fong stated that MCC Capital has submitted a sign program for review. Staff has completed its review and anticipates sending the matter to the Planning Commission in January and then to the City Council for final approval. CDD/Fong responded to C/Herrera that the applicant proposes to refurbish the existing pylon sign rather than construct a new tower. The entry will look much nicer with the fountains and the entry statement. C/Chang asked if the applicant was proposing a high-end restaurant to replace the theater. CDD/Fong said she believed the applicant was looking for a spa use at that location. MPT/Tanaka said he was bothered by what the applicant's plans were for the entire project, how it was being done piecemeal and the length of time it was taking for completion. C/Chang asked if it was a problem that the City would not expedite the project. CDD/Fong responded No, that staffs goal was to get the shopping center renovated as quickly as possible. CM/DeStefano said it has taken a great deal of effort to get the applicant to respond to the City's desire to expedite the completion of the redevelopment of this shopping center. Regarding Starbucks, the City has been stymied on the issue of the block wall behind the old Wherehouse building. There is supposed to be a drive-through in that area that necessitates pushing the existing block wall closer to Diamond Bar Blvd. and requires a significant amount of geotechnical documentation to support the design to hold up Diamond Bar Blvd. similar to the wall between Target and Grand Ave. DECEMBER 18, 2006 PAGE 5 CC SPECIAL MEETING M/Tye asked why the City would not require the applicant to place a drive- through on the south end of the building rather than compromise a City thoroughfare. CDD/Fong said the design was most likely based on the desire of the tenant. C/Herrera asked if the owner definitely had a lease with Starbucks. CDD/Fong felt certain that he did because Starbucks would not be proposing construction plans without a lease. C/Herrera said she was concerned because the owner presented so many conflicting stories and felt he might take the City down a certain path only to tell the City that the tenants backed out and he would come back with a different proposal. Worse, the City lets the applicant go through the motions of cutting the hillside and putting in a big wall and no tenant would be in the site. She said she had visions of Mr. McCarthy walking away from the project or sell the center and the City be left with an eyesore. MPT/Tanaka asked if staff could verify whether Mr. McCarthy sold the Village Loop Center because the building designated as a restaurant still has chain link fencing around it and the market is gone. C:M/DeStefano said that in the general area Mr. McCarthy has had some successes. For example, he renovated a dilapidated center in Yorba Linda about five to seven years ago; one in Chino at the corner of Central and Philadelphia about five years ago; he purchased the Phillips Ranch Center which was in far worse shape than the Country Hills Towne Center and that has not been quite as successful; shortly after he bought the Phillips Ranch Center he bought the D.B. Center and as everyone knows, the project has been quite frustrating. Mr. McCarthy has demonstrated some success and he does renovate and sell centers as part of his business. The same thing happened to the Jolly Bagel Center. A contractor purchased the property, fixed it up and sold it. CM/DeStefano said staff would verify the sale of the Pomona property and commented that when Starbucks presents tenant improvement plans to a City it is generally a sign that they are moving forward. C/Chang felt that both the City and Mr. McCarthy were frustrated and when Mr. McCarthy comes to the City again the City should require him to put forth a commitment as to when he expects to finish the project so that the City can work with him to help move it along. M/Tye recalled that Mr. McCarthy originally wanted to build the professional two- story building and M/Tye said he would not be interested in moving forward with that project because he has not done much toward completing the first phase of the project. DECEMBER 18, 2006 PAGE 6 CC SPECIAL MEETING 6) TRES HERMANOS CM/DeStefano referred to the vacant land between Diamond Bar and Chino Hills of which D.B. has approximately 700 acres from Grand Ave, to the south side of Diamond Ranch High School. Chino Hills has about 1700 acres from Grand Ave. south to the Boy Scout property. Both Cities have set aside the property for future development opportunities and both Cities have limited residential build out opportunities. The Tres Hermanos Conservation Authority was created a few years ago to look at the possibilities for the property owned by the City of Industry. It has not been determined whether City of Industry wishes to pursue a water use on the property. Staff was directed by the Authority Board to prepare an RFP (Request for Proposal) to obtain the services of a consultant to help Chino Hills and D.B. determine the best use for the property. A final draft RFP was prepared for consideration about September 2006. However, the Authority Board has not met since that time and will not be meeting until late January or February to consider the RFP. C/Chang felt consensus was not forthcoming and that a project would be too costly. C:M/DeStefano said that the City of Industry has talked about master planning the entire 8000 acres. However, D.B. is fundamentally interested in the Tres Hlermanos property and at this time there is no interest in the Tonner Canyon property. At this point, the two cities do not yet know if City of Industry is a willing participant. 7) REED/CITY OF INDUSTRY PROPERTY CM/DeStefano explained that Los Angeles County has a "no net loss" policy for recreation space meaning that the current golf course would have to be relocated. Thus, the City has focused on the Reed property along Pathfinder Rd. area in Rowland Heights and very recently the Industry property became available as a potential replacement site. ACM/Doyle stated that the City is in escrow on two properties and conceptual plans were presented to the City Council. It appears that the properties could accommodate a golf course. There are a lot of moving pieces and the City is looking at a number of alternatives in the area and that this is a very preliminary effort toward looking at the properties as a potential relocation for the golf course. Staff is in the process of setting a meeting with the County's Parks staff to discuss the various options, look at conceptual designs and they just received a proposal to do the metes and bounds study which means that the property must be identified to complete the 18 -hole course. The land mass is provided to the County so that the County can appraise the mass and determine the value against the appraised value of the current site to make certain there is no net loss. Staff is most concerned about setting up public meetings in D.B. and DECEMBER 18, 2006 PAGE 7 CC SPECIAL MEETING Rowland Heights to provide the public with the facts. Newspaper articles and rumors are outside the scope of what D.B. has talked about and what D.B. has considered. In fact, the opposite is true. ACM/Doyle further stated that he has been interviewing consultants to help with the public outreach slated to begin mid-January/early February. During the time the appraisal is being done, the City needs to work with the County to formulate the agreement, look at environmental impacts for both the new and current courses and look at what potential development possibilities exist from parkland and recreational uses to what types of commercial developments might be feasible in accordance with the possible freeway improvements. No decisions have been made to date and staff is making every effort to move the project forward. CM/DeStefano explained that the Reed/City of Industry property would afford additional acreage necessary to accommodate a hillside facility in place of the current flat course. ACM/Doyle also explained that the effort would be to maintain as much of the slope and oak areas as possible to lessen impacts and buffer the homeowners associations. C:M/DeStefano stated that staff spoke with a member of the adjacent residential neighborhoods who was opposed to a housing project proposed by a developer through the County. D.B. is not proposing any homes on the golf course and the City has been so stating that fact from the very beginning. There has been some discussion that homes might be appropriate and if D.B. were a private land developer it would make sense because it would help offset the costs of building a golf course. However, D.B. is not doing that. D.B. is tying this golf course development with the existing D.B. golf course and there is the likelihood of housing on the existing site and development on the existing site can help offset the cost of building a new golf course. It is true that the two properties are not connected and the connection point for those two properties is the Aera Energy property. Staff is talking with Aera to acquire a portion of their property to bridge the gap. Aera may have plans for homes on a portion of their 3000 acres that exists in the area. However, this is not intended to be a golf course that has homes rimming it nor is it intended to be a golf course that has access to Pathfinder Rd. The two most probably access points are from the Aera Energy property and the other from Brea Canyon Rd. south of the Crestline property. This proposal is at a very, very preliminary stage with many unknowns. If the project does not move forward the City can cancel the Reed escrow but it makes sense to move forward with the purchase of the Industry property. This will be a long process with many decisions to be made along the way to determining whether or not to relocate the golf course. ACM/Doyle responded to C/Herrera that the escrow period for the Reed property contains an option for continuing it to May 2008, the same timeframe put on the Industry property. DECEMBER 18, 2006 PAGE 8 CC SPECIAL MEETING CM/DeStefano stated that it is the City's intent to have the golf course be in the City of D.B. and if the City were to acquire the properties and pursue a new golf course D.B. would move forward with annexation of the property. MPT/Tanaka asked what the benefit would be to D.B. in annexing the golf course since the revenue does not flow to the City. ACM/Doyle responded that any sales tax generated would flow to the City. CM/DeStefano explained that the sales tax revenue from the current golf course is minimal and a new contemporary golf course would generate significantly more sales. However, the revenue would not be substantial. Because the current golf course is in the City, staff believes it is important that the relocated golf course be in the City as well and that the name remain the same. ACM/Doyle said the City has obtained information about sales tax leaks and surveyed residents about what kinds of opportunities they would like to see at the current site. Preliminary sketches for possible land use would include buffering for existing residents, open space, parkland, retail opportunities and so forth. CM/DeStefano explained how the next round of freeway improvements would impede upon the current golf course. It appears that there is adequate room to increase capacity for the SR57/60 merge and eliminate much of the weaving problems. More study is required and the City of Industry is heading that effort as a benefit to them and to the region. M/Tye asked if it made sense to move the westbound onramp closer to the freeway to spare the Honda property would it not make sense to move the eastbound off -ramp closer to the freeway to spare property. CM/DeStefano said that it may, but in lieu of having the eastbound Grand Ave. traffic make a left turn to get onto the northbound freeway and stacking on Grand Ave., the engineers believe that the free flow of traffic with the proposed type of movement would be far superior. Indeed, the penalty for the free flow of traffic is the need for acres of property to make it work. C/Herrera felt that a minimum of two public meetings per community should be scheduled as quickly as possible. C/Chang concurred. 8) AERA ENERGY CM/DeStefano reported that tomorrow staff would present Council with a five- year pre -annexation agreement with Aera Energy for approximately 2000 acres. The remainder of the Aera property is closer to Brea and LaHabra Heights. Within the 2000 acres Aera is proposing a maximum 2800 dwelling units plus DECEMBER 18, 2006 PAGE 9 CC SPECIAL MEETING commercial, public safety facilities, schools, parks, open space, etc. A very preliminary financial study reveals merit to the proposal; however, the analysis is not yet complete and is based on preliminary information. He said he would not Ibe recommending a multi-year agreement with steps to implement the terms of the agreement unless it was financially rewarding for the City. 9) TARGET PROPERTY CM/DeStefano reported that Chili's is in escrow and has submitted plans to build a restaurant on the Golden Springs/Grand Ave. corner on the Target pad. Panda Express is in escrow to purchase the second pad and should be presenting their proposal for build out in the near future. C/Herrera felt that for a small city D.B. had undertaken a multitude of very dynamic and exciting projects that were very impressive. She commended staff for doing such a great job with respect to economic development efforts. C/Chang agreed and recommended the City put the information on its website. MPT/Tanaka said he was excited about the projects but cautioned Council that the City should not take on more than it can support. C)'Herrera felt it was important to rely on consultants and the City's engineers to keep the City fully informed about all possibilities involving projects. C/Zirbes said he heard a lot of good things this morning and has been in touch with staff regarding the progress of these items. He thanked everyone for participating. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Herrerai adjourned the Special Meeting at 10:50 a.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of , 2007. STEVE TYE, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 18, 2007 CLOSED SESSION: 5:00 p.m., Room CC -8 DRAFT Public Comments on Closed Session Agenda ► Government Code Section 54956.9(a) — Pending Litigation — One Case People of the State of California v. Rattan Hospitality, LLS (Scribbles) Case No. BC 351925 STUDY SESSION: ON. SR60/Lemon Avenue Interchange Improvements Update IN. Business Licensing — Continued to October 16, 2007 Public Comments: Study Session adjourned to the regular meeting at 6:27 p.m. CALL TO ORDER: Mayor Tye 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. CM/DeStefano reported that during tonight's Closed Session the City Council received an update regarding pending litigation against Scribbles - no action was taken. Also, during tonight's study session Council received a status report on the Pomona Freeway (SR60)/Lemon Ave. Interchange Improvement Project which included a briefing on the four proposed alternatives. Due to lack of time, the matter of Business Licensing was continued to the October 16, 2007 meeting. PLEDGE OF ALLEGIANCE: INVOCATION: Church gave the invocation. ROLL CALL: Tem Tanaka and Mayor Tye, Council Member Herrera led the Pledge of Allegiance. James Price, Sr. Pastor, Diamond Canyon Christian Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager, David Doyle; Asst. City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ryan McLean, Senior Management Analyst; Marsha Roa, Public Information Manager; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer; Joyce Lee, Management Analyst and Tommye Cribbins, City Clerk. OCTOBER 2, 2007 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye presented a Certificate of Recognition to Beth House for Winning The Whirlpool Third Annual "Mother of Invention Grant Rewards Innovation and Ingenuity of Mom Entrepreneurs" award. Mrs. House introduced her husband and son. 1.2 C/Herrera introduced Dr. Cynthia Simms, the new Walnut Valley Unified School District Superintendent. Dr. Simms said she was honored to serve the WVUSD and glad to be a part of the community. 1.3 MPT/Tanaka proclaimed October 7 through October 18, 2007 as "Fire Prevention Week" and presented a proclamation to Chief Nieto. Chief Nieto encouraged residents to have an escape plan for their family and to be very careful when burning candles. BUSINESS OF THE MONTH: 1.4 C/Herrera presented a City Tile to Diana Juan, General Manager of Diamond Bar Hand Car Wash, 2845 S. Diamond Bar Blvd. as Business of the Month for October 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that a Chili's Restaurant is under construction at the corner of Grand Ave. and Golden Springs Dr. in front of the Target Store with the opening anticipated for February/March 2008. 3. PUBLIC COMMENTS: Aziz Ameri, President, Regional Chamber of Commerce, announced the availability of a new map representing the cities in the San Gabriel Valley area including D.B. and reported on the Chamber's efforts to promote business. In response to M/Tye Mr. Ameri said that maps could be obtained from the Chamber office outside of the SCAQMD/Government Center Building or by calling the Chamber at 909-860-1904 to have a copy mailed. Mangal Gulshan pointed out that there was a street close to his house missing from the Chamber map and there may be other corrections that needed to be made before the map was distributed. 4. RESPONSE TO PUBLIC COMMENTS: None. OCTOBER 2, 2007 PAGE 3 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Lorbeer Middle School Rededication of its athletic field — October 8, 2007 — 10:00 a.m., Lorbeer Middle School Field, 501 S. Diamond Bar Blvd. 5.2 Planning Commission Meeting — October 9, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Traffic and Transportation Commission Meeting — October 11, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — October 16, 2007 — 6:30 p.m. AQMD/Government Center Auditorium, 21825 Copley Dr. 6. CONSENT CALENDAR: C/Chang moved, C/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1 CITY COUNCIL MINUTES Chang, Everett, Herrera, MPT/Tanaka, M/Tye None None 6.1.1 Study Session Minutes of September 18, 2007 —as submitted 6.1.2 Regular Meeting of September 18, 2007 — as submitted. 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of August 28, 2007 — Received and filed. 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of June 14, 2007 — Received and filed. 6.3.2 Regular Meeting of July 12, 2007 — Received and filed. 6.4 RATIFIED CHECK REGISTER dated September 13 through September 26, 2007 totaling $723,778.33. 6.5 REVIEWED AND APPROVED PRELIMINARY TREASURER'S STATEMENT — for August 2007. 6.6 ADOPTED RESOLUTION NO. 2007-58: REQUESTING THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT THE TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1747 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZED THE TRANSFER AND OCTOBER 2, 2007 PAGE 4 CITY COUNCIL CONVEYANCE THEREOF. 6.7 (a) AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO NORRIS-REPKE FOR THE PROSPECTORS ROAD STREET REHABILITATION PROJECT IN THE AMOUNT OF $78,560 AND AUTHORIZED A CONTINGENCY AMOUNT OF $8,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION OF $86,560. (b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE PROSPECTORS ROAD STREET REHABILITATION PROJECT TO RJ NOBLE COMPANY IN THE AMOUNT OF $644,000; AND AUTHORIZED A CONTINGENCY AMOUNT OF $65,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $709,000. 6.8 APPROVED SANITARY SEWER MANAGEMENT PLAN (SSMP) DEVELOPMENT PLAN AND SCHEDULE AS REQUIRED BY STATE WATER RESOURCES CONTROL BOARD (SWRCB) ORDER NO. 2006- 003. 6.9 ACCEPTED WORK PERFORMED BY BELAIRE-WEST LANDSCAPE, INC. FOR CONSTRUCTION OF IMPROVEMENTS AT LORBEER MIDDLE SCHOOL TO THE FOOTBALL FIELD, TRACK AND SLOPE; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION, RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE; APPROVED INCREASE IN CONTRACT AMOUNT IN THE AMOUNT OF $5,166.36 FOR ADDITIONAL CONSTRUCTION COSTS; AND, APPROVED APPROPRIATION OF $20,166.36 IN PARK DEVELOPMENT FUNDS IN THE FISCAL YEAR 2007/08 BUDGET FOR THIS PROJECT. 6.10 ACCEPTED WORK PERFORMED BY JDC, INC. FOR THE CONSTRUCTION OF ADA AND PARK IMPROVEMENTS AT PAUL C. GROW PARK AND DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. 6.11 AUTHORIZED THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CONEXUS FOR PROVIDING CONSULTING SERVICES TO PREPARE THE CITY'S HOUSING ELEMENT UPDATE AS REQUIRED BY GOVERNMENT CODE SECTION 65588, FOR A TOTAL CONTRACT AMOUNT OF $43,430 PLUS A CONTINGENCY OF $6,570 FOR A TOTAL AUTHORIZATION OF $50,000. 7. PUBLIC HEARINGS: None OCTOBER 2, 2007 PAGE 5 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 APPROVE TRAFFIC CALMING CONCEPT PLAN ALONG SUNSET CROSSING ROAD BETWEEN DIAMOND BAR BOULEVARD AND PROSPECTORS ROAD, AND ON PROSPECTORS ROAD BETWEEN SUNSET CROSSING ROAD AND GOLDEN SPRINGS DRIVE, AND AUTHORIZE STAFF TO PROCEED WITH THE PREPARATION OF DESIGN PLANS. SE/Yee provided Council with the background on the Traffic Calming Conceptual Plan that commenced in 2005 with Neighborhood Traffic Management Plan workshops. He said that after presenting the Council with a conceptual plan, staff was directed to go back into the neighborhood to further engage the residents via a survey regarding traffic calming devices. At its September 13, 2007 meeting the Traffic and Transportation Commission concurred with staff's recommendation to move forward with the conceptual plan. Rock Miller, KOA Corp., gave a power point presentation outlining the proposed calming devices. Results of the survey indicate a strong support for the program in general. A number of people expressed concerns over speed cushions and a few expressed concerns about the plan in general. He said in his experience quite often features such as speed cushions are a concern whereas other elements such as islands and landscape features seldom generate concerns. The plan proposes use of bulges and curb extensions along Sunset Crossing, which would tend to reduce the optical width of the street and a full-length median near the freeway ramp which would produce a feeling of entering a gateway into a neighborhood. There was a great deal of comment about landscaping and there is a clear intent that the median be well landscaped based on promises made to the residents. The plan for Prospector Rd. includes reducing the number of speed cushions. Bulges would be located at the Sunset Crossing/Prospectors intersection; islands and a bulge at the Dry Creek intersection; three speed cushions, and a combination of median and bulges at the intersection close to the school. At the intersection to the south would be a series of bulges and an island beyond the typical location of the shadow of the bridge at the freeway ramp. Assuming Council approval tonight, final design should be available in about 60 days. Staff would notify the residents of the Council's action and indicate the construction schedule. Mr. Miller said that as always, he would recommend a six-month measure of the effectiveness of the implementations. Mr. Miller responded to M/Tye stating that generally when there is landscaping included and the appearance of the improvements is clearly judged to be an amenity to the neighborhood he was highly confident that the Council would find very strong support for what the City has done. There is a remote chance that people could come forward to say not enough was done. However, he has never heard of a project in which modest islands and curb extensions like those proposed have been ordered removed because of presenting an inconvenience or obstacle to traffic. He said he understood the City had a negative experience with a traffic circle. Such an implementation falls in an area where there has been mixed experience with traffic circles and islands. He generally recommends that the OCTOBER 2, 2007 PAGE 6 CITY COUNCIL landscaping and full improvements be included with such a device. Quite often when temporary devices are installed with dots, etc. people feel it is permanent. Dust and debris tends to form within the dots because the street sweeper is unable to properly clean them and there is no real positive effect. If traffic circles are not done permanently with rich landscaping and an understanding it is a type of monument they are less likely to be removed because a certain portion of the neighborhood will become attached to it. Many communities still proceed nervously with traffic calming devices but his experience indicates that the same effects are not realized from a temporary device. Temporary programs generally should be demonstrated temporarily for a few weeks, removed and hearings held about whether to continue. He felt the biggest risk would be that the residents would want additional devices installed because the devices would be perceived as amenities. M/Tye asked why his recommendation of a no -left -turn sign turning west onto Prospectors and a no -left turn heading southbound on Prospectors off of Golden Springs was not included. Mr. Miller said that discussions involving turn restrictions were explained to the residents as being difficult if not impossible to enforce. Cities cannot enforce something against a non-resident and forgive it against a resident. Although there is through traffic on the street there is also local traffic going to and from the school. When all was said and done the residents felt that the inconvenience of a turn restriction upon themselves would outweigh the possible advantages. Also, if it was a left turn at Sunset Crossing and Prospectors because the school is the dominant reason for traffic there, there would probably be a parade of vehicles proceeding straight across and making a u -turn within a hundred feet and turning right. SE/Yee further explained that the survey included an item for turn restrictions and the response placed the item last on the list of preferences. Steve Tyler, 202 Red Cloud Dr., said he would like to see traffic diverted back to the freeways and away from residential neighborhoods. The traffic does not come from his neighborhood but from the SR57. He suggested that the City not allow right turns at Sunset Crossing between 6:00 a.m. and 9:00 a.m. weekdays and possibly in the afternoons as well. Curtis Postel, 531 N. Deep Hill Rd., stated that he was first notified of this project about the middle of the year and that he had received the survey late. He also expressed his displeasure with the City of Industry's plan to build high rises and to level the hills; as well as the City's desire to get rid of the golf course and put in a strip mall. He said he has lived in his home for over 30 years and was very concerned about what was happening in the City. He wanted the Council to drive through his neighborhood and think about what would happen when these devices were installed. He felt that an occasional Sheriffs presence and painting 25 mph on the street would be the best solution. OCTOBER 2, 2007 PAGE 7 CITY COUNCIL Kathy Chavez, 300 So Rock River Rd., said she too had lived in her home for 30 years with the same number of residents. Even though the City has guaranteed Sunset Crossing Rd. will not be a through street to the City of Industry it does not guarantee that her street will not become a four -lane highway. The freeway is right behind her home and when it comes to wrecking her neighborhood she has to complain. There is limited parking in her neighborhood and street parking is a necessity. If the City moves forward with these devices it will cause a problem. This is a small neighborhood that is stuck in the middle of "nowhere land" with a traffic problem. $800,000 could buy enforcement for at least five years. She suggested that the speed humps be installed on Sunset Crossing Rd. If these devices are installed in her neighborhood she will use other streets to get around town. Mary Wehmeier, 404 N. Rock River Dr., said she did not receive a survey or a telephone call. She spoke with Council and staff at the Fair and never heard from anyone. She wanted to know how wide the islands would be. There is not enough parking for residents. She wanted the City to give the residents what they want. Michael Goda lives on Sunset Crossing and would welcome the center median to slow the traffic and enhance safety. In his opinion, curb extensions would help protect residents' vehicles when parked on the street. He would tend to ask for more devices including speed cushions. He has also seen traffic speeding down the alleyway and would like to see speed cushions in the alley as well. Dr. Douglas Barcon, 404 North Rock River Dr., said that since his last visit to the Council he has driven different routes and found it to be faster for him to drive down Sunset Crossing Rd. to Diamond Bar Blvd., turn right and go onto the westbound 60. C/Herrera wondered if the trash trucks would have difficulty maneuvering the streets. SE/Yee explained that the design and location of the bulges would be carefully laid out so as not to obstruct the path of trash trucks and allow access to driveways as well. MTP/Tanaka thought that the last time this matter was brought before the Council there was a request to know the actual size of the median and how it would affect the traffic lane and wondered if the information was shared with the residents. SE/Yee said that this plan has not yet moved into the actual design phase and actual physical dimensions will not be available until that time. PWD/Liu said that the concept is to maintain parking for residents and the creation of one driving lane in each direction as well as beautify the median area. Mr. Miller said the travel lanes are about 12 ft. wide. The two inside lanes occupy about 24 ft. of roadway. The median is drawn to a width of approximately 12 to 14 OCTOBER 2, 2007 PAGE 7 CITY COUNCIL Kathy Chavez, 300 So Rock River Rd., said she too had lived in her home for 30 years with the same number of residents. Even though the City has guaranteed Sunset Crossing Rd. will not be a through street to the City of Industry it does not guarantee that her street will not become a four -lane highway. The freeway is right behind her home and when it comes to wrecking her neighborhood she has to complain. There is limited parking in her neighborhood and street parking is a necessity. If the City moves forward with these devices it will cause a problem. This is a small neighborhood that is stuck in the middle of "nowhere land" with a traffic problem. $800,000 could buy enforcement for at least five years. She suggested that the speed humps be installed on Sunset Crossing Rd. If these devices are installed in her neighborhood she will use other streets to get around town. Mary Wehmeier, 404 N. Rock River Dr., said she did not receive a survey or a telephone call. She spoke with Council and staff at the Fair and never heard from anyone. She wanted to know how wide the islands would be. There is not enough parking for residents. She wanted the City to give the residents what they want. Michael Goda lives on Sunset Crossing and would welcome the center median to slow the traffic and enhance safety. In his opinion, curb extensions would help protect residents' vehicles when parked on the street. He would tend to ask for more devices including speed cushions. He has also seen traffic speeding down the alleyway and would like to see speed cushions in the alley as well. Dr. Douglas Barcon, 404 North Rock River Dr., said that since his last visit to the Council he has driven different routes and found it to be faster for him to drive down Sunset Crossing Rd. to Diamond Bar Blvd., turn right and go onto the westbound 60. C/Herrera wondered if the trash trucks would have difficulty maneuvering the streets. SE/Yee explained that the design and location of the bulges would be carefully laid out so as not to obstruct the path of trash trucks and allow access to driveways as well. MTP/Tanaka thought that the last time this matter was brought before the Council there was a request to know the actual size of the median and how it would affect the traffic lane and wondered if the information was shared with the residents. SE/Yee said that this plan has not yet moved into the actual design phase and actual physical dimensions will not be available until that time. PWD/Liu said that the concept is to maintain parking for residents and the creation of one driving lane in each direction as well as beautify the median area. Mr. Miller said the travel lanes are about 12 ft. wide. The two inside lanes occupy about 24 ft. of roadway. The median is drawn to a width of approximately 12 to 14 OCTOBER 2, 2007 PAGE 8 CITY COUNCIL ft. The curb extension is about 8 ft. wide and is designed very close to the intersection so that it does not take away more than one or two parking spaces and can actually be as small as one-half a parking space and in the Prospector area it probably would be equal to about one-half a parking space. The dimension will be somewhat dictated by the project budget, especially on Sunset Crossing. This is a fairly long street for a fully landscaped median and would probably consume much of the project budget. There is approximately $200,000 that has been set aside for construction of this project; design fees run about 10 to 15% of that figure and there are costs associated with working with the neighborhood to attempt to reach consensus. The figures were for the pavement rehabilitation project and construction management that were on the Consent Calendar. He heartily concurs that it is always a good idea to do things outside of a neighborhood if one believes the things outside are pushing traffic into the neighborhood. However, the money does not go very far when cities go outside of the neighborhood. The budget set aside for construction for this project is about $200,000 and there is very little that can be done for $200,000 to move traffic better on an arterial or on a freeway. This is a fairly ample fix for the neighborhood in terms of the budget for what will be accomplished. As an example, a traffic signal costs more than $200,000 to construct. MPT/Tanaka asked if both devices had to be installed in order for the project to be effective or could only the Sunset Crossing medians be constructed? Mr. Miller responded that the Sunset Crossing treatment would be effective for Sunset Crossing and the Prospector Rd. treatment would be effective for Prospector Rd. If both are done the people driving through will have more calming features to deal with. He felt confident in saying that the City would have a measurable decrease in through traffic on the street with both installations. If Sunset Crossing were done alone it would beautify the street but not have any effect on people who wanted to use Prospectors as a shortcut between one end of the subdivision and the other. C/Herrera reiterated the timeline and asked if March was the final stop point for calling a halt to the project? SE/Yee said that one of the next opportunities for residents to speak on this matter would be in January when staff notifies Council about the completed design. Subsequently, once the devices are installed the City would go through its usual six-month evaluation process at which point staff would be collecting speed and volume data to present to the Council for final concurrence on whether the installations should be kept in place. C/Herrera asked how many residences were involved in the project. SE/Yee responded that 1173 surveys were sent to residents and 263 responses were received. OCTOBER 2, 2007 PAGE 9 CITY COUNCIL C/Herrera said that while this project affects a lot of people, not a large number have responded. SE/Yee said that historically, this is one of the better turnouts that the City has received in terms of percentage responses. There have been four notifications to the 1173 residences, two neighborhood meetings a Council Meeting in May and a Traffic and Transportation Commission Meeting in September. PWD/Liu reiterated the facts and indicated that unless individuals respond in writing or speak out, staff has difficulty in determining the needs of the community. However, through the surveys staff understood that the majority of residents who live along Sunset Crossing would like to see medians or speed cushions and residents along Prospectors indicated speed cushions were their number one choice. Staff believes that a 22% response is very good. C/Chang suggested staff hold one more town meeting and have tonight's speakers invite their neighbors. C/Everett said he appreciated the level of work and appreciated the frustration of the speakers. He felt the analysis was sound and that bulges served their purpose. People have asked for specific measurements and it appears that if a design were completed by January the project would go through another group of checkpoints and proceed to the next step. He asked if the schedule could be posted on the City's website and have a checkpoint at which the project design would come back to the Commission and/or Council. He recommended moving forward because this is a serious problem that needs attention. SE/Yee responded that in addition to mailing to the entire neighborhood, staff can post information on the website. There is a general tab on the City's website for the NTMP which can be supplemented with details of this project. Additional checkpoints will involve notifying the entire neighborhood once the design is complete and a study session could be scheduled to bring Council up to speed on what the design would look like. The checkpoints are in staff's presentation. Ron Foster, 23010 Sunset Crossing Dr., said the Council could study this forever and the matter would get no further than it has gotten. He said he was absolutely opposed to having this item tabled. There are a lot of people who do not have time to come to Council meetings who feel Council Members should be able to do their jobs and take care of the residents' needs. CM/DeStefano stated that this matter has been studied with the residents of the neighborhood for the past couple of years. There have been surveys, workshops and a variety of techniques. The rate of response is higher than that of other neighborhoods within the community. This is a project that would piggyback on the project that the Council just approved in its Consent Calendar. Prospectors Rd. is scheduled for an $800,000 renovation. Prospectors Rd. needs a variety of overlay grinding and various road improvements that will occur whether or not any neighborhood traffic management techniques are employed. The roadwork that is OCTOBER 2, 2007 PAGE 10 CITY COUNCIL scheduled for Prospectors and approved by the City Council will occur overthe next few months with a detailed schedule to be developed so as not to negatively impact the neighborhood during the holiday period. This project does not have a specific time limit. Staff's recommendation for action this evening is recommended based on input from the residents, the Council's professional staff and consultants as well as from the Traffic and Transportation Commission. The Council can approve the recommendation and move forward this evening, modify the recommendation and take action to move forward, remand the project back to the Traffic and Transportation Commission and staff to conduct other survey work, etc. Residents will be concerned about the length of time this takes and there are other residents that may believe additional time is required. M/Tye said that one of his questions was what about saturation of sheriff enforcement in the a.m. and p.m. and as addressed by C/Everett the City would not be able to afford to spend $200,000 because when the money was exhausted in a certain amount of time the City would be out the $200,000 and the problem would return. SE/Yee said that $200,000 for enforcement would come from the City's General Fund and not from federal funding because federal funds cannot be used for enforcement. M/Tye said he appreciated that fact but reiterated that the problem would not go away. The City cannot divert traffic to the freeway. D.B. streets are attractive to drivers because of the excessive traffic on the freeway. He felt the problem was cut -through traffic and not neighborhood traffic. He agreed with Mr. Fosterthat the Council could look at this over and over again. He stated that the first Neighborhood Traffic Management Program he attended was April or May 2005 in the Sunset Crossing neighborhood at the YMCA and here we are in October, 2007. At that time, staff and consultants outnumbered the residents. A 22% response is a very good sampling. The City needs to be proactive and move forward and take action. A speaker spoke about the City wanting to turn the golf course into a strip mail. In spite of what residents have been told and what a speaker said tonight there is no proposal before this Council to turn the golf course into a strip mall. C/Chang withdrew his proposal to table this matter. C/Everett moved, C/Herrera seconded, to approve the concept and authorize staff to proceed with the preparation of design plans with NTMP milestone monitoring to be posted on the City's website. Motion approved by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chang, Everett, Herrera, MPT/Tanaka, M/Tye None None OCTOBER 2, 2007 PAGE 11 CITY COUNCIL 8.2 APPOINTMENT TO PLANNING COMMISSION BY COUNCIL MEMBER HERRERA - C/Herrera said that at the last City Council Meeting she announced that due to other obligations, Osman Wei would be unable to continue his duties on the Planning Commission. She invited interested parties to apply and received two applications, one from Jack Shah, currently her Traffic and Transportation Commissioner and a Civil Engineer, and another application from Devon Smith, a mechanical engineer and graduate of D.B.H.S. She interviewed both parties and selected Jack Shah as her appointment to the Planning Commission. C/Herrera moved, MPT/Tanaka seconded to approve C/Herrera's appointment of Jack Shah to the Planning Commission. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Jack Shah thanked the Council Members for expressing their confidence by selecting him to serve as a Planning Commissioner. He thanked SE/Yee for his assistance while serving on the Traffic and Transportation Commission and indicated that many residents spoke very highly of Mr. Yee's contribution to the residents through the NTMP. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said that traffic is the number one concern of the City's residents and is a topic of conversation at almost all Council meetings. When he moved to D.B. in 1987 Grand Ave. was closed. Fortunately, the two cities settled on opening Grand Ave. between Chino Hills and D.B. Present and past Councils and staff have spent a great deal of time reaching out to the community to listen to residents' concerns about traffic. Today the City Council discussed alternatives for improving the freeway system that included on/off ramps at Lemon Ave., a topic that has been discussed for the past 10 years. He personally feels very frustrated at how slowly changes are made but appreciates the thoughtful way in which the City attempts to consider all possible sides of proposed changes. As a result of Proposition 1 B D.B. will receive close to $1 million of the allocated funds for traffic improvement. He commented on the joint venture dedication of Lorbeer Middle School Field dedication to be held on Monday, October 8. C/Everett said he too was frustrated about the challenge of traffic management. He also invited residents to join in the rededication of the Lorbeer Middle School Field. It was a pleasure tonight to welcome the new WVUSD Superintendent. He acknowledged the success of the House family. He thanked Chief Nieto for reminding residents about planning in the event of a fire or other disaster. He felt the hand car wash was great and pleased to recognize them as business of the month. He had the privilege of attending an excellent conference with C/Herrera OCTOBER 2, 2007 PAGE 12 CITY COUNCIL and CDD/Fong about good community. As a servant to the City of D.B. his focus will be sustainability. The conference focused on communities as renewal resources. He felt the concept should be part of the City's Vision Statement. There are recycling bins at Sycamore Park during the Concerts in the Park series. The senior/adult apartments at the north end of D.B. cooperated with staff and have recycling bins in their complex. He encouraged business owners to attend the small business expo. C/Herrera said it was a sad occasion for her to attend the funeral of City of Industry Council Member Phil Marcellin with whom she served on four different boards. Mr. Marcellin was a very active Council Member. He served on the San Gabriel Valley Council of Governments, Alameda Corridor East Construction Authority; Transportation Committee for COG and Four Corners Transportation Coalition which C/Herrera chairs. Mr. Marcellin was always in attendance at meetings and very supportive of other cities in the region including D.B. It is a tragic loss for the city and the community. It reminded her that D.B. lost Bob Zirbes on February 8 and that loss created a huge void within the City Council because Bob worked so very, very hard for the City he loved. She thanked the Council for voting to approve her appointment of Jack Shah to the Planning Commission. Since there is now a vacancy on the Traffic and Transportation Commission she announced that she would accept applications from interested parties until 5:30 p.m. October 10 and asked that staff place the matter on the October 16 meeting agenda. MPT/Tanaka attended the WVUSD award dinner during which individuals who foster good educational programs within the community were recognized. He attended the PUSD candidate forum; the Regional Chamber of Commerce Mixer hosted by the Marriott Courtyard in Hacienda Heights; the Walnut Valley Water District barbecue lunch and toured the plant. He attended the D.B. Chinese- American Moon Festival on Saturday and the Alisa Ann Rauch Burn Foundation golf tournament dinner. MPT/Tanaka announced that the PUSD announced its representative for this semester who is a senior at Diamond Ranch High School; attended the D.B. 4 -Youth meeting; the Senior Octoberfest Dinner and Dance; the WCCA authority meeting last week and the Neighborhood Watch summer barbecue. He thanked Deputy St. Amant for attending and bringing the mobile trailer with him. M/Tye thanked CSD/Rose and other staff members for completing the Lorbeerfield project and said he was reminded that he was on the Parks and Recreation Commission when the City first talked about refurbishing that field. Finally, the School District understood the benefit of this joint venture. He again congratulated Dr. Simms — she has big shoes to fill with Dr. Beckler moving on to Corona -Norco and has confidence that Dr. Simms will bring new talents and vision to WVUSD and maintain the high level of accomplishment within the District. OCTOBER 2, 2007 PAGE 13 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 8:58 p.m., in memory of City of Industry Council Member Phil Marceline. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2007. STEVE TYE, MAYOR MINUTES OF THE CITY COUNCIL Agenda No. 6.1(c) REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 19, 2006 r x CLOSED SESSION: 5:15 p.m., Room CC -8 Public Comments on Closed Session Agenda: ► Government Code Section 54956.9(a) — Pending Litigation — Two cases 1) People of the State of California v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 2) Diamond Bar v. Southern California Edison LACSCC — No. BC351266 Closed Session adjourned at 5:35 p.m. STUDY SESSION: 5:45 p.m., Room CC -8 ► Discussion of Animal Control Services No. Discussion of Pre -Annexation Agreement with Aera Energy Study Session adjourned at 6:10 p.m. CALL 1"0 ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that the City Council began with a Closed Session during which one item of threatened litigation was added to the agenda. There were no comments on the Closed Session agenda and Council took no reportable actions. The Closed Session ended at approximately 5:35 p.m. PLEDGE OF ALLEGIANCE: MPT/Tanaka led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church gave the invocation. ROLL CALL: Council Members Chang, Herrera, Zirbes (telephonically), Mayor Pro Tem Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director; Ken Desforges, IS Director; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Kimberly Molina, Asst. Engineer; Alfredo Estevez, IS Tech; and Tommye Cribbins, City Clerk. N 3. 0 DECEMBER 19, 2006 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 The City Council presented Certificates of Recognition to students from Chaparral, Lorbeer, South Pointe and Suzanne Middle Schools who participated in the Friends of the Library second annual "Read Together Challenge" held on November 2, 2006. Marney Shay, Friends of the Library announced that two schools won the Challenge this year, South Pointe Middle School being one, who would receive a plaque similarto the perpetual plaque that will be placed at the D.B. Library. 1.2 M/Tye presented Certificates of Recognition to the players and coaches of the "Destroyers" Baseball Team for being the Champions of the Cooperstown Youth Baseball Hall of Fame Championship Tournament. NEW BUSINESS OF THE MONTH: 1.3 M/Tye presented Sharon Oliver with a Certificate Plaque to Target #2179 located at 747 Grand Ave. as New Business of the Month for December 2006 and displayed a slide presentation. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Los Angeles County Fire Chief Nieto thanked the City Council for purchasing a Thermal Imagine Unit for his Department. Capt. Green explained that the $15,000 camera detects heated objects such as a body in a building and can locate hidden fires in attics and walls. The unit can also be used to detect individuals trapped in vehicles in dense vegetation. Capt. Green thanked the City Council for purchasing the equipment and said it would be a valuable tool for the Department to help save lives. PUBLIC COMMENTS: Nef Cortez, President, Regional Chamber of Commerce presented a Certificate of Recognition and congratulations to M/Tye. He stated that the Regional Chamber of Commerce San Gabriel Valley extends its commitment to the City Council Members to work together toward economic prosperity for the City and its residents. RESPONSE TO PUBLIC COMMENTS: None 0 DECEMBER 19, 2006 PAGE 3 CITY COUNCIL SCHEDULE OF FUTURE EVENTS: 5.1 Water Conservation — December 16-20, 2006 - Maintenance of the Weymouth Water Treatment Plant. 5.2 Christmas Holiday — December 25 — 26, 2006 — City offices will be closed Monday, December 25 and Tuesday, December 26, 2006 in observance of the Christmas Holiday. City offices will re -open Wednesday, December 27, 2006 at 7:30 a.m. 5.3 Holiday Tree Curbside Collection Program — December 26, 2006 — January 12, 2007 — Trees free of decorations may be left at the curb on regular trash pick up day for free pickup during this period. 5.4 New Year's Holiday — January 1, 2007 — City Offices will be closed Monday, January 1, 2007 in observance of the New Year's Holiday. City Offices will re -open Tuesday, January 2, 2007 at 7:30 a.m. 5.5 City Council Meeting — January 2, 2007 — The City Council meeting for January 2, 2007 will be adjourned to January 16, 2007. 15.6 Planning Commission Meeting — January 9, 2007 — 7:00 p.m. AQMD/Government Center Auditorium, 21865 Copley Dr. CONSENT CALENDAR: C/Herrera moved, C/Chang seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 61.1 CITY COUNCIL MINUTES 6.1.1 Study Session of December 5, 2006 — as Submitted 6.1.2 Regular Meeting of December 5, 2006 — as Submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Workshop of October 24, 2006 6.2.2 Regular Meeting of October 24, 2006 6.2.3 Regular Meeting of November 14, 2006 6.2.4 Regular Meeting of November 28, 2006 6.3 RATIFIED CHECK REGISTER — containing checks dated November 30, 2006 through December 13, 2006 for a total amount of $762,001.42. DECEMBER 19, 2006 PAGE 4 CITY COUNCIL 6.4 ADOPTED RESOLUTION NO. 2006-77: RECITING THE FACT OF THE STATEWIDE GENERAL MUNICIPAL ELECTION HELD ON NOVEMER 7, 2006 AND DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. 6.5 APPROVED NOTICE OF COMPLETION FOR SLURRY SEAL/CHIP SEAL AREA 2 PROJECT TO AMERICAN SOUTH ASPHALT, INC. 6.6 APPROVED AMENDMENT NO. 4 FOR A CONTRACT EXTENSION THROUGH DECEMBER 31, 2007 WITH HIRSCH & ASSOCIATES FOR ARCHITECTURAL SERVICES AND AN INCREASE OF THE CONTRACT BY $6,370 FOR THE SYCAMORE CANYON PARK PHASE III IMPROVEMENTS. 7. (PUBLIC HEARINGS: 7.1 (a) CONSIDERATION OF SOUTH POINTE WEST FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) NO. 2005-01 (SCH NO. 111118) AND ADOPTING FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PROPOSED PROJECT CONSISTS OF A 99 -UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION, A PUBLIC PARK AND OPEN SPACE AREAS ON 34.52 ACRES OF LAND, LOCATED ON PROPERTY SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, WEST OF BREA CANYON ROAD AND NORTHWEST OF PEACEFUL HILLS ROAD (RELATED FILES: GPA 2005-01, ZC 2006-03, DA 2005-01, SP 2005-01 VTTM 063623, CUP 2005-05, DR 2005-27 AND TP 2005-06) (b) CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 2005-01, ZONE CHANGE NO. 2006-03, DEVELOPMENT AGREEMENT 2005-01, SPECIFIC PLAN NO. 2005-01, VESTING TENTATIVE TRACT NO. 0623623, CONDITIONAL USE PERMIT NO. 2005-01, DEVELOPMENT REVIEW NO. 2005-27 AND TREE PERMIT NO. 2005-06, PURSUANT TO THE SUBDIVISION MAP ACT, CITY'S SUBDIVISION ORDINANCE (TITLE 21) AND DEVELOPMENT CODE (TITLE 22, SECTIONS 22.22, 22.38, 22.48, 22.58, 22.60, 22.70 AND 22.62). THE PROPOSED PROJECT CONSISTS OF A 99 -UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION FOR CONDOMINIUM PURPOSE, A PUBLIC PARK AND OPEN SPACE AREAS ON APPROXIMATELY 34.52 ACRES, LOCATED ON PROPERTY SOUTH OF LARKSTONE DRIVE, WEST OF MORNING SUN AVENUE, WEST OF BREA CANYON ROAD AND NORTHWEST OF PEACEFUL HILLS ROAD (RELATED FILE: ENVIRONMENTAL IMPACT REPORT NO. 2005-05). CDD/Fong presented a staff report along with a power point presentation outlining the project. DECEMBER 19, 2006 PAGE 5 CITY COUNCIL CM/DeStefano stated that South Point LLC presented the proposal to the City. He stated that South Pointe West LLC and the Walnut Valley Unified School District are co-owners of the 34- acre project site. Upon conclusion of this matter by Council, would cause the sale of the property from the School District to South Pointe West LLC. One of the benefits to the City contained in the Development Agreement is a $1.5 million contribution to the City of D.B. which staff is recommending be placed in a specific fund for use as traffic mitigation fees. In addition a component of the contribution permits the release of property restrictions and calls for the completion of Larkstone Park. The Developer has not agreed to the terms of the Development Agreement. Should the Developer agree to the terms this evening staff would recommend that the City Council take some action on this matter; however, should the Developer not agree staff would recommend that the entitlement package be moved to a future meeting such as January 16, 2007 and if appropriate, take action only on the Environmental Impact Report. With no comment from Council, M/Tye opened the Public Hearing. Ramona Voge, 21022 Silver Cloud Dr., said that during her tenure at South Pointe Middle School the issue of building on property adjacent to the School was introduced. The primary concern at that time was increased traffic. Members of the South Pointe Community Club Board conducted informal observational surveys during student peak drop-off and pickup hours and discovered that streets were congested about 20 minutes during the morning and after school hours. The conclusion was that this amount of increased traffic was insufficient to negate the building of additional school structures or the sale of property for residential development. Walnut Valley School District parents continue to fight for School District funding. Most efforts with the State have produced minimal and temporary results. This project presents a unique opportunity to acquire funding for computer technology through the sale of the School District property and to assure that students will continue to be taught at a "state -of -the art" level. Carolyn Elfelt, 21199 Silver Cloud, a 25 -year resident and current President of the Walnut Valley Unified School District, introduced Board Members Larry Redinger, Nancy Lyon and Cindy Reese. D.B. has established itself as a City with high quality schools that attract parents and students to the area. State funding is based on an antiquated formula that was conceived when this area was a ranch and for that reason, the School District does not receive as much money per student as do other districts. The District works very hard to make up for the shortfall and this project would give the District an opportunity for cash to be appropriately invested to provide on-going funding that could be used to continue upgrading the school computers. John Corson thanked staff and the Planning Commission for their courteous assistance in helping residents learn about the project. He said he was concerned about traffic congestion and environmental impacts that would DECEMBER 19, 2006 PAGE 6 CITY COUNCIL spill onto portions of unincorporated Los Angeles County (Morning Sun Ave. Shepherd Hills, Chapel Hills Dr. and Tam O Shanter Dr). He presented Council with a petition signed by 40 residents living near the project who he said were very concerned about the proposed access gate onto Morning Sun Ave. Contrary to some presentations the EIR and its technical tendencies are, in his opinion, incomplete and deficient with respect to traffic safety hazards in unincorporated Los Angeles County. The streets mentioned have no sidewalks, no stop signs and no measures commonly used to separate vehicular and pedestrian traffic and were not designed to accommodate traffic flow to the extent that would flow from such a large project. The report and testimony tend to favor the D.B. side and ignore the needs of the unincorporated side of the project and in that respect, the report and testimony is wide open to challenge. He hoped that the City Council would consider the impacts to the unincorporated side because the area will again be victimized by the discharge of traffic from the project as it was in the past by the landslide. He asked the City Council to consider blocking the access from the project onto Morning Sun Ave. Phil Dudar, Los Angeles County Department of Public Works, thanked CDD/Fong and ACM/Doyle for answering questions about this project. He said he was present at the direction of Supervisor Knabe to advocate for the residents of the Rowland Heights community that reside just west of the project. Although the County is very encouraged that the project will mitigate a landslide that has been difficult and has impacted properties along Morning Sun Dr. and depressed property values, the Department shares the concerns of the residents regarding the impacts of the proposed project, the most important being the traffic the project would generate and the impact it would have on the residents and pedestrians of Rowland Heights. The County believes these concerns are valid and respectfully requests that the traffic flow be altered to lessen the impact by restricting or limiting access onto Morning Sun Dr. toward Lemon Ave. Larry Redinger, 23999 Gold Nugget Ave., a 30 -year resident and Walnut Valley Unified School District Vice President, pointed out that in spite of the fiduciary responsibility for the 15,000 students and diminished revenues, he believed the proposed project would bring a long -overdue and significant park to the City of D.B. Once the project is completed the City will immediately receive a turnkey park, a significant advantage to that portion of D.B. Additionally and more importantly there will be road improvements on the northern end of the site, improvements to drainage and, mitigation for the landslide and runoff. He felt the project was positive for the students and the community. Kindon Chu, Tam O Shanter Dr. and Walnut Leaf said he was opposed to the Morning Sun access due to the significant traffic impact. Amanda Owen, Attorney for the Pathfinder Community Association, asked that on behalf of the Association, approval of the project be postponed DECEMBER 19, 2006 PAGE 7 CITY COUNCIL because a portion of the project lies within the Pathfinder Community Assn. The portion is geographically detached from the Association because the Walnut Valley parcel is between the three parcels that were annexed into the Pathfinder Community Association in 1981. The Developer has never contacted the Association to discuss arrangements for the Association's participation. Anyork Lee, 20545 Gemside Dr. felt that although the Project would impact the area, it should move forward because it would benefit the community. He believed the Council should support staff's recommendation to approve the Project for the benefit of the community and its students. Gayle Esfahaniha said she moved to the area about 17 years ago because of the beautiful open space. Her main concern was traffic and the 300 additional vehicles coming down Morning Sun every day. If the School District is not being properly funded it sounds to her like a separate issue that the District needs to address rather than move to destroy the quality of life of the surrounding residents. In spite of the fact the Developer and School District assures everyone that the landslide potential will be fully mitigated she does not trust that the area would withstand 99 new homes. She also took exception to the types of homes being proposed and felt they were not appropriate for D.B. Elizabeth Kim, 1704 Morning Sun Ave. a 27 -year resident, said she was concerned about land movement now, during and after construction. She recently discovered that the brick in her two -foot rear yard retaining wall was cracking and she feared that another landslide would occur and that her home will again be threatened. She was also concerned about loss of privacy and her view. Sharon Bowler, a 32 -year resident of Morning Sun said she suffered through the prior landslides and was not in favor of the Patel project but was in favor of the proposed JCC project. If this project is not approved the School District will sell the property to another developer and this project and developer offers an opportunity for the City to get a decent looking project. She believed JCC would fix the landslide area and not build homes on unsafe land. She also loves the open space, but would rather the land be made safe so that residents would not have to worry about another landslide occurring. She asked the City Council to approve the project and fast track the grading. She said she was concerned about a gate backing up to Mrs. Kim's property and would rather it be an emergency only gate. Mike Collins, 1612 Morning Sun Ave, a 31 -year resident, showed pictures of the area taken in 1995. He and his neighbors want a developer that can fix the area and is in favor of the proposed project with the exception of the access from Shepherd Hill. He believed this proposal was a much better project than the Patel proposal. DECEMBER 19, 2006 PAGE 8 CITY COUNCIL Barbara Beach-Courschesne, 2021 Peaceful Hills Rd. a 23 -year resident, planned to put most of her comments in writing. At the November 28 Planning Commission meeting she made specific requests for information and has not yet had a response to her questions and concerns. She said she was opposed to acceptance of the EIR because she believed it was incomplete and misleading. She was also opposed to the development as inappropriate to the adjacent residences. She has been to most of the meetings and other than the School District has heard only three people speak positively about the proposed development. The School District presented fiduciary concerns and the taxpayers have already generously accepted two bond issues in support of the School District. She said there were funds available to school districts for computer technology as a result of the Microsoft lawsuit settlement. Will Clarke, 20881 Starshine, on behalf of the Pathfinder Homeowners Assn. respectfully asked the City Council to delay its decision until several issues could be resolved and dialogue could take place between the Pathfinder Association Board of Directors and the Developer because there were questions about the project and specifically about Lots 46 through 48 that fall under the jurisdiction of the Pathfinder Homeowners Association. Jack Moore, 1736 Chapel Heights, Rowland Heights, opposed the project and questioned whether there would be another landslide due to the natural creek at the bottom of the gully. He also complained about the traffic congestion and wondered what the residents would do in the event of emergency evacuation. Patty Ondara, 1738 Morning Sun Ave., Rowland Heights said she was very concerned about the traffic on her street and appreciated her neighbors speaking out about the problem. She asked the City Council to reconsider the Morning Sun Ave. access. Kurt Nelson, on behalf of the applicant JCCL South Point West, thanked staff for a thorough presentation. He said that this was a difficult project to balance out because the Developer was charged with achieving a certain level of density while addressing the market demand and making the project reasonably compatible with D.B. in general and the surrounding residential community. His company has built a number of projects in D.B. over the years and believes very firmly that the local market desires detached homes with private yards however modest they might be. On first blush the price of the WVUSD and Patel property dictated attached condominiums to obtain density. Through a lot of hard work and by clustering and concentrating detached homes along the private street of the development, 16 -acres is preserved for open space in perpetuity and the project achieves a sufficient number of homes for the project to be economically feasible. By preserving contour grading in accordance with the intent of the City's Hillside Ordinance and concentrating homes in their proposed location it enhances and promotes a conventional residential feel. This is not a "San Francisco" type DECEMBER 19, 2006 PAGE 9 CITY COUNCIL project. In fact, D.B. is no longer limited to ranch style R-1 one-story dwellings. He said he would prefer that those types of dwellings were feasible but they are not and if those were the only type of homes made available only multi -millionaires could afford to purchase in D.B. The project allows the Developer to build a beautiful public park that the City has sought for a number of years and the School District will realize badly needed revenue for its students. The fact is that four geotechnical firms that examined the slide area, conducted borings, set readings, etc. Everyone knows how to fix the slide but it has not been fixed because no one has spent the money necessary to adequately fix the problem. JCCL will not build on the site until the Morning Sun landslide is fully remedied. There was some confusion generated by a flyer that indicated only one gate on the Rowland Heights side on Morning Sun and that is not true. The Project design dictates that vehicles will primarily orient toward the Larkstone main gate and out to Lemon to get to the freeway. Solid estimates indicate that only about 30 percent of the project traffic would flow over the Rowland Heights neighborhood secondary gate even if left at full ingress/egress for residents only. Far from ignoring or shorting the residential neighborhoods in the Shepherd Hills and Morning Sun and Tam O Shanter Dr. areas the response to comment on the El and specifically the initial draft of the traffic report, the study was augmented in June 2006 with a special section to address the impacts upon those very residential streets and it details that those streets presently carry traffic far below their design capacity and that they are Level Service A in their segments and will remain so when the project is completed. He explained that the projected 300 daily vehicle traffic count is the total number of vehicle trips projected in the areas over a 24- hour period. What matters is how many more cars will drive through the neighborhood and during morning hours one more car will drive through the neighborhood at peak hours about every two minutes. That may seem like a lot of cars but in terms of level of service and traffic, one car going by every minute or two that was not there before does not constitute a danger to life and limb. He said he understood the concerns and respected the comments. However, the number of vehicles that will traverse the area over time do not equate to injury to pedestrians. Even though the Developer did not want sidewalks inside the gated community there will be sidewalks. JCC built in "The Country Estates" for ten years and there are no sidewalks in that community. JCCL agreed to staff's recommendation to include a sidewalk on one side of the street and there will be a sidewalk on the south side of Larkstone paralleling the park. If the applicant can change the Morning Sun/Shepherd Hill gate to egress only without overburdening traffic conditions on the other side and be good neighbors by doing so and if it is the City's pleasure to do so, the Developer will agree to do so. Additionally, if he were the individual who told Mrs. Kim she could own the small corner of property she wanted to own, he would make certain that she got the small square of land. Mr. Nelson said that Amanda Owen called him today. He said he was very familiar with the CC&R's for the Pathfinder Homeowners Assn. because he reviewed them with respect to the School District property some time ago. It was news to him that the three parcels referred to as the DECEMBER 19, 2006 PAGE 10 CITY COUNCIL Patel pieces were thusly encumbered because he knows that the School District property that lies closer to the existing Pathfinder homes was disencumbered sometime ago and it seemed totally illogical to him that the even more distant property would remain encumbered. He read the CC&R's before coming to tonight's meeting and found no problems with restrictions on use for commercial activity. The project CC&R's will mirrorthe Pathfinder Assn. CC&R's in that respect. He did not know if the Pathfinder Assn. had architectural review rights but vowed to be fair in dealing with the Association. He said he was entirely comfortable that this project would meet the intent and language of architectural review if the three pieces were subject to their review. Mr. Nelson said he believed the EIR was well done and thorough. He said he was proud of the EIR with respect to biological impacts. His understanding is that with respect to any statements of overriding considerations, the biological impact is cumulative and that this project, however small has absolutely no significant impact on biological resources. One-tenth of one acre of affected water flow across the site will be addressed to the satisfaction of the Department of Fish and Game. When the project is completed and all of the crib wall slope areas grow in with drought tolerant landscape it will look beautiful and many birds including migratory birds will return to the site. Mr. Nelson said he concurred with the conditions and asked that the Council move forward with staff's recommendation for approval. He asked for time to review the final language of the Development Agreement. He said he had no problem with the aggregate numbers of special and direct benefit and would appreciate additional time to review details of when and how. He said he was totally comfortable with the fairness of the City Council and staff. He respectfully requested approval of Certification of the EIR, Map, Conditional Use Permit and move consideration of the Development Agreement to the next City Council meeting. C/Chang asked Mr. Nelson if he would agree to make the Morning Sun gate as an "emergency" gate only. Mr. Nelson responded that it was his understanding from talking with Supervisor Knabe's office his engineers and staff, making that gate an "emergency only' gate would result in bad traffic engineering for an impact that does not exist. Mr. Nelson said that more benefit would be derived from making the gate an "exit only" gate for the project residents without unduly burdening the residents on the other side near the main gate. He said he would defer to staff and the traffic engineer for advice on the matter. C/Chang asked if Mr. Nelson was open to resolving land issues with the Pathfinder Homeowners Assn. Mr. Nelson responded that if it were an encumbrance the Developer would be civilly bound to do so. DECEMBER 19, 2006 PAGE 11 CITY COUNCIL Mr. Nelson explained to C/Chang how the condition for the sidewalk within the project area would be realized. Mr. Nelson reiterated to C/Chang that he would remedy the landslide. C/Herrera asked CM/DeStefano if the Pathfinder Homeowner Assn. as an issue that would have to be resolved prior to approving the resolutions before the Council. CM/DeStefano responded that it was not. CM/DeStefano responded to M/Tye that staff could support an approach to conditioning the project to make the Morning Sun gate an "exit only" gate and incorporate the provision within the CC&R's along with a provision to install programmable gates that would restrict the use of the access point. The Developer has indicated a desire for an "exit only' gate and staff would prefer that compromise to complete restrictions to Morning Sun that would place an unnecessary burden on Lemon Ave. at Golden Springs Dr. CM/DeStefano responded to M/Tye that CC&R's are private contractual relationships between the association and the members thereof and that the overwhelming majority of city governments do not engage in enforcement of private contracts between private parties. With respect to Mrs. Beach- Courchesne's request for information that was not provided he is not personally aware of what requests were made in order to determine whether an answer was provided. C/Herrera moved, MPT/Tanaka seconded, to Adopt Resolution No. 2006-78 certifying the Environmental Impact Report. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Herrera moved, C/Tanaka seconded to continue the Public Hearing on Items a) through f) to January 16, 2007 at 7:00 p.m. Motion carried b the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 19, 2006 PAGE 12 8. COUNCIL CONSIDERATION: 8.1 CITY COUNCIL COMMITTEE APPOINTMENTS: CITY COUNCIL ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Tye Chang Foothill Transit Board Herrera Tye Four -Corners Transportation Policy Group Herrera Zirbes Greater L.A. County Vector Control District Audrey Hamilton Joint Powers Insurance Authority Zirbes Tye L.A. County Sanitation District No. 21 Tye Zirbes L.A. County City Selection Committee Tye Tanaka League of CA Cities — L.A. County Division Tanaka Tye San Gabriel Valley Council of Governments Herrera Tye San Gabriel Valley Economic Partnership Chang Tanaka Southern California Assn. Of Governments (SCAG) Tanaka Chang Tres Hermanos Conservation Authority Herrera/Zirbes Tye Wildlife Corridor Conservation Authority (WCCA) Tanaka Chang Wildlife Corridor Conservation Authority Advisory Davis Herrick STANDING COMMITTEES D.B. Community Foundation Tye AD HOC COMMITTEES City Council Goals/City Manager Evaluation Tye Tanaka Economic Development Zirbes Chang Industry East Development Advisory Committee Herrera Zirbes Legislative Library Task Force Herrera Tanaka Neighborhood Improvement Zirbes Zirbes Chang Chang LIAISON Chamber of Commerce Tanaka Chang PIUSD/City Senior Citizen Tanaka Chang Sphere of Influence/Annexation Tanaka Herrera Herrera Zirbes W'VUSD/City Herrera Tye C/Herrera moved, MPT/Tanaka seconded to approve the appointments as presented by M/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 19, 2006 PAGE 13 CITY COUNCIL 8.2 ADOPT RESOLUTION NO. 2006-82: APPROVING A PLANNING AND PRE- ANNEXATION AGREEMENT BETWEEN THE CITY OF DIAMOND BAR, CALIFORNIA AND AERA ENERGY LLC. CM/DeStefano stated that this agreement would provide for consideration of annexing a vacant 2000 -acre property generally located between the boundaries of the City of D.B., unincorporated area of Rowland Heights and the Orange County/Los Angeles County line. ,ACM/Doyle reported that the item before Council is a planning and pre -annexation agreement between the City and Aera Energy LLC, aka the developer. Aera (formerly Shell Oil) owns approximately 3000 acres south of the City that has been used as a working oil field for the last 100 years. The oil field is coming to the end of its life schedule and the property owner is considering a development project for the site. The proposed project includes a variety of residential housing products, commercial properties, parkland, considerable open space, a new fire station and a new K through 8 School. As a result of discussions between the City and the developer there is now a mutual desire to annex a portion of the proposed development project into the City and for the developer to process a portion of the project through the City for entitlement purposes. The document before the Council tonight for which staff is recommending approval is a resolution authorizing the City to enter into a pre -annexation agreement with Aera. The agreement represents a formal roadmap for the City and developer to proceed through an entitlement process and ultimately for the City to consider annexing a portion of that project with the remaining acres to be processed by LA and Orange Counties. He emphasized that this agreement does not commit the City to any approvals of the project or any discretionary approvals that the Council holds within its power. This is merely an agreement for the City to proceed through a lengthy process that would include numerous opportunities for public participation and comment on various aspects of the proposed project and the elements contained therein. The City welcomes all public participation from D. B. as well as from its neighboring community of Rowland Heights. In addition to the aforementioned, the agreement guarantees that the developer will reimburse the City for all costs associated with proceeding through this lengthy process. If Council approved the agreement tonight the City will commence to develop and Environmental Impact Report including all CEQA required public participation; General Plan Amendment including all required public hearings before the Planning Commission and/or City Council; development of a Specific Plan; creation of a Master Tentative Tract Map; and, negotiating a development agreement between the City and the developer. Ultimately, the City would need to develop a property tax sharing agreement with the County of Los Angeles and file the appropriate LAFCO applications for what ultimately would be annexation. This pre -annexation agreement includes the following elements: The term of the agreement is for five years; this pre -annexation development agreement Puts the developer on notice that the City has concerns that will need to be addressed throughout the process, one of which is to make sure that the project's fair -share of affordable housing (workforce, senior or other such housing) is built within the City limits. The developer may encumber the property with public financing mechanisms such as Community Facilities Districts or Landscaping and DECEMBER 19, 2006 PAGE 14 CITY COUNCIL Lighting Assessment Districts to help pay for the infrastructure and/or the maintenance and long-term care of the medians, landscape or other types of landscape amenities that are ultimately put in place. ACM/Doyle explained that the developer has the ability to terminate the agreement within 10 days of notice to the City and would be required to pay any costs associated with the process up to the point of providing notice. The City does not have that type of discretionary termination clause. However, the City has all of its discretionary approvals within its rights. As such, the City may effectively terminate the agreement at any time by voting no on any of the discretionary permits or approvals that the developer seeks. George Basey, Vice President, Aera Energy LLC, made a power point presentation outlining the proposed project area. He commended staff for working over the past years to prepare the planning and pre -annexation agreement. The proposed project is approximately 3000 acres with the SR57 running along the easterly portion of the property. Harbor Blvd. and Fullerton Rd. confines the property on the west boundary and the SR60 is to the north. Ninety percent of the property is in Los Angeles County and 10 percent lies in Orange County. A portion of the property East of the SR57 (300 acres) lies within D.B.'s Sphere of Influence, along with some area south of the City. Aera remains committed to ensuring that more than half of its land will be set-aside as permanent open space at no cost to the taxpayers. In addition, about 700 acres is dedicated to an unimpeded open space linkage through the property to facilitate wildlife movement to off-site protected lands. A maximum of 3600 residential units are proposed for the entire property. Ingress for the eastern portion is proposed from the Brea Canyon Rd. inter -change area and Tonner Canyon Interchange area in Orange County. Minor road connections are also proposed from Harbor Blvd. and Berry St. in Orange County. No roads are proposed to connect through the property. Furthermore, there are no public road connections being proposed from the property north to Pathfinder Rd. Aera is excited to work with D.B. toward the ongoing planning of a portion of the property subject to the agreement before the Council tonight. Aera respectfully requests the Council's approval of the Planning and Pre -Annexation Agreement and remain committed in efforts to reach out to all of the other stakeholders willing to work and dialogue with Aera. C/Herrera asked for clarification about roads being proposed from the project into LaHabra Heights. Mr. Basey responded that no roads were proposed to go from the project into LaHabra Heights and pointed to an area proposed to accommodate a total of 75 residential units that would take access onto Harbor Blvd., an area that is outside of the D.B. planning area and under the purview of Los Angeles County. ClHerrera asked if any part of the D.B. proposal included roads leading into the City of LaHabra. Mr. Basey responded "no." DECEMBER 19, 2006 PAGE 15 CITY COUNCIL C/Herrera asked if there were any roads that would lead into Rowland Heights. Mr. Basey responded "no." C/Herrera asked if there were any roads that would lead into Brea. Mr. Basey responded "no." M/Tye asked Mr. Basey to again display the graphic that showed a road leading west on Brea Canyon Rd. into Brea. Mr. Basey explained that the project area stops at the County line and those connections would be on the Orange County side. In response to CM/DeStefano Mr. Basey displayed an aerial photograph that defined the area that was the subject of the Planning Agreement before the Council. 'The area is roughly 1940 acres of the 3000 acres and the balance would remain With Los Angeles and Orange Counties. M/Tye asked for public comments. Robert Lewis, 2231 No. 8 Fullerton Rd. and Vice President of the Rowland Heights Water District said that statements he makes tonight are his own and are not to be construed as opinions offered by the Rowland Heights Water District. Mr. Lewis said he was disappointed because Aera had stressed that it was "committed to building a new community that will balance the interests, desires, needs of the Environment, our neighbors, local officials and our future community residents. Nothing short of this will do." The fact that there is now a Planning and Pre - Annexation Agreement is, in his opinion, an attempt to indicate that perhaps the process is being closed off after so many years of discussing a very good project. Rowland Heights is also interested in controlling its future and suggested that D.B. think bigger and bolder and annex Rowland Heights into D.B. in its entirety which would render D.B. one of the 10 largest cities in the County of Los Angeles and greatly enhance its fiscal base and resources to address its traffic problems, its environmental needs, housing needs and all other common problems. Aera is offering to pay the cost of the planning and annexation. What he is suggesting is that instead of adopting this agreement go back to staff and request a discussion of annexing the entire revenue -rich community service district introducing economy of scale and unifying communities into one City staff with one agenda and one direction to move forward to address all problems in the regional area of the San Gabriel Valley. Lawrence Permaul, Senior Counsel, Colantuono & Levin, representing the Hillside Open Space Education Coalition (HOSEC), an organization of neighboring cities and communities including Brea, LaHabra, LaHabra Heights and Whittier as well as the Hacienda Heights Improvement Association and the Rowland Heights Community Coordinating Counsel stated that HOSEC is dedicated to the preservation of open space in the hillside areas bordering Los Angeles and Orange DECEMBER 19, 2006 PAGE 16 CITY COUNCIL Counties in order to safeguard the environment, maintain high quality of life and reduce traffic congestion. Mr. Permaul said he provided CA/Jenkins with a letter that more thoroughly explained the position of HOSEC. HOSEC believes that the annexation of the Aera property to D.B. for development of thousands of homes and hundreds of thousands of square feet of commercial and institutional uses in an environmentally sensitive and visually prominent hillside area is of grave concern. HOSEC learned of this agenda item within the last few days and does not believe there has been adequate time for interested stakeholders to review the information and properly respond. Some of the exhibits that were represented to be attached to the agreement were not available online and were not available in the short period of time HOSEC had to review the information. These concerns have been echoed by Supervisor Don Knabe's office and despite the fact that there has been little time to review the information and respond accordingly there seems to be organized opposition to the particular agreement that is before the Council tonight. He believed that if Council were to postpone decision on the agreement and seek additional public input it would find many concerns among constituents and stakeholders. Dickie Simmons, representing Supervisor Knabe, said he earlier this evening presented each Council Member with a copy of a letter that the Supervisor respectfully requested he read tonight to wit: "The Aera project has generated much concern and conversation over the past few years on plans to develop properties known as the Shell properties in the southeastern portion of Los Angeles County. Although conceptual plans have been discussed there still has not been any definitive plan presented for public review and comment. I know that your city has previously expressed a desire to explore the possibility of annexation of the Aera properties to the City of Diamond Bar and that this pre -annexation agreement is on tonight's agenda. I must say that I am very disappointed with the notice and timing of this agenda item. My office did not receive notice until after the item had been formally placed on the agenda. I would have appreciated the opportunity to reach out to my constituents to make sure that they were aware of the item, particularly the week before Christmas. As you move forward with your plans I would like to respectfully request that this Council do everything in its power to ensure the timely and thorough notification of these processes as you proceed, that they do not circumvent our residents of Rowland Heights, Hacienda Heights and surrounding communities, and that adequate notice and opportunity to discuss in open forums are made available to one and all so that there is a complete airing of the Aera project during each stage of the annexation entitlement process. My position on land development remains as clear tonight as it has for years - there must be a clear balance between construction and development and the preservation of the very few large tracts of open space that we have left in this part of the County. Any project that would call that balance into question including the development of the Aera land needs thorough examination before proceeding. Thank you for your consideration. Sincerely, Don Knabe." Lynn Evancamp, Rowland Heights, said she did not have a clear picture of where the traffic would flow as a result of the project and that Rowland Heights residents are concerned about traffic. DECEMBER 19, 2006 PAGE 17 CITY COUNCIL CM/DeStefano responded to speaker Evancamp's concerns about traffic, that as D.B. understands the project through concept drawings shown this evening, the road network shown in the drawing indicates that all of the traffic flowing to and from the site would come from Brea Canyon Rd. and obviously, Brea Canyon Rd. as it sits today would not be sufficient to handle that level of traffic and would appearthat improvements would be necessary for Brea Canyon Rd. Staff has not seen environmental material that the developer has created. Those documents are part of the next steps within the environmental documents and staff presumes the documentation would contain sufficient traffic studies to understand any and all impacts and proposed mitigation measures. Mr. Basey stated that a lot of the details and information would be forthcoming during the planning process. In general, the concept would focus circulation from the project primarily onto Brea Canyon Rd. The Environmental Impact Report will examine the existing conditions of the roadway, layer in the proposed traffic volumes from the project, identify levels of impact and identify the packages of mitigations which the project would need to bear. Clearly, some of the trips will go elsewhere but his comments were regarding primary points of ingress/egress to the site. CA/Jenkins responded to questions and comments made by the attorney representing HOSEC. (Verbatim) Mr. Doyle In his preliminary comments was exactly right in describing this agreement as a "roadmap." It is in fact nothing more than a path, a process. And, in particular, it does not approve anything. If you approve this agreement and you do nothing else there will be no development of any kind - there will be no change in the physical environment. And it is for that reason that it is my view that this is not a project within the meaning of CEQA and that this agreement is specifically exempt from the requirements of CEQA. However, note that each and every discretionary decision that would have to be made once we go down the path contemplated in this process would be a project within the meaning of CEQA and hence, obviously, we're going to have to comply with CEQA and we're going to have to do it earlier rather than later. And I think our Supervisor Knabe should be satisfied to know that each and every step of the way we will be obligated to give full notice to conduct public hearings at which all members of the public and all interested parties will have the opportunity to participate. In effect we have a property owner who owns a piece of property outside our boundaries and who has a proposed project. He has come to us and said would you consider taking our land and our project into your City and our response by way of this agreement is simply said, we will consider it. We won't guarantee anything but will consider it — we want you to pay the majority of our costs in considering it — we may deny it — we may not go very far into the process but we will consider it. As we consider it we will of course comply with CEQA. In that regard I just want to point the City Council to Section 6.05 of the agreement, which appears on Page 13 and is—the heading of which is "Nature of Commitment." And this paragraph says that this agreement represents the City's commitment only to plan, review and consider the Phase 1 Approvals, the Phase 2 Approvals, and the Phase 3 Approvals - collectively, the "Project Approvals." Nothing in this agreement is or should be construed to be a covenant, promise or commitment by City or any DECEMBER 19, 2006 PAGE 18 CITY COUNCIL agency, board or commission of the City to grant any project approval or to enter into the development agreement on any particular terms or conditions. Nothing herein can be deemed a covenant, promise or commitment by Developer, or its successors in interest, to annex the Aera Project Area, or any part thereof, or to construct any Project Improvements on the Project Area. The purpose of this agreement is merely to set forth the Parties' understanding regarding the manner in which the Parties intend to proceed with cooperative efforts to provide a planning and processing framework in furtherance of the Project, reserving final discretion and approval of the Project Approvals to the Diamond Bar City Council, subject to environmental review in accord with CEQA." And that paragraph 6.05 really says it all very succinctly. Some portions of the letter from the attorneys for HOSEC simply reflect the author's opinion about the merits of the agreement and this opinion is expressed in isolation, in a vacuum without the benefit of having sat down with the representatives of Aera over the course of what must be two or three months of serious negotiations in a process where there was give and take. While it is very nice that someone comes along Monday morning and says well, if I had done it I would have done it differently. Well, that's fine but that's not what we have here so choices have been made along the way. In other respects the letter really grossly misrepresents the agreement and mischaracterizes many of its terms. And since this is really my only public opportunity to comment on that I would just like to take a few more moments if you'll indulge me just to pointed out a couple of those mischaracterizations which I think are really pretty egregious under the circumstances. For example, on Page 2 the first bullet point says that the agreement does not discuss alternatives. Well, this is not an EIR. It will be an EIR and it will discuss alternatives to the project — it has to discuss alternatives to the project. That's not the purpose of this agreement. Second, it says the agreement attempts to specify mitigation measures for the project. No, it doesn't. The letter states that Section 4.03 commits the City to requiring no mitigations beyond those stated in the article. This is a misreading of Section 4.03. If we turn to Section 4.03 we'll see it refers only to "public facilities" — public facility mitigations. It says nothing about mitigations of the project itself. The next bullet point on Page 2 says Section 4.08 appears to pre -commit you to waive the requirements of your grading and other ordinances. Well, it doesn't appear to do that at all. In fact, if you read Section 4.08 it says that some aspects of the project may be inconsistent with the City's grading ordinance and other ordinances and as part of the project applications the applicant may ask the City Council to amend some of its ordinances and the City Council will consider it. What does that mean? It means you'll consider it and you'll either say yes or no within your absolute discretion and nothing can bind your discretion. There is nothing in 4.08 that appears to pre -commit you to waive the requirements of your grading ordinance and frankly I don't know why that sentence appears in this letter at all. On Page 3 the letter states the agreement gives the developer too much control over the EIR. This is entirely the author's opinion. What is contemplated here as far as the preparation and review of EIR provides that the City will give its complete independent review of the EIR, which is what CEQA requires and is a perfectly acceptable and perfectly lawful methodology for the review and certification of an DECEMBER 19, 2006 PAGE 19 CITY COUNCIL EIR. There is absolutely nothing inappropriate about it. On Page 4 the first bullet point makes reference to the "assignment" indicating that the paragraph allowing for assignment would allow the developer to take all the benefit of this deal. This is a complete misstatement. There is no "deal" involved here. Once again, this agreement provides for a process — it doesn't make a "deal." Any development agreement that is negotiated with this developer, if we even get that far, will have a much different type of assignment clause. For purposes of a pre -annexation agreement nothing further or more elaborate than what is included in this agreement is necessary because we have reserved the right to exercise our discretion at any point in the process if we determine not to go forward with any of the discretionary approvals. Consequently, if this developer is to assign it to another developer it's not nearly the concern it would be if we had negotiated a "development agreement" that accorded the developer true vested rights. Then we would want to have more say over an assignment. The third bullet point regarding public debt is very misleadingly worded. As Mr. Doyle indicated, there is a possibility that this developer would want to have a Mello -Roos District all over the property. The reference to "public debt" contains an inference that somehow our general public will be saddled with some new debt when in fact a typical Mello -Roos District of the kind contemplated, a Community Facilities District, would merely place debt on the parcels within the project only and no place else. The fourth bullet point on Page 4 criticizes the agreement for giving the developer complete control over the phasing of the project. I would represent to you that every private project and every development agreement that is approved gives the developer control over phasing. After all, it's the developer's project. The whole point of a development agreement is to allow the developer to phase a project over time based on market conditions, financing and other considerations. Furthermore, nothing in this agreement sets forth what the terms of the ultimate development agreement in this regard are going to be. The last bullet point on Page 4 states that Section 4.10.7 limits Diamond Bar's power to condition build out of the project to protect the health and safety of the community. I challenge you to read Section 4.10.7 and come to that same conclusion. On Page 5 the author references Section 6.03(c) requiring the City to indemnify the developer for any negligence by the City in the entitlement process. Again, I would urge you to read Section 6.03(c), which is a standard indemnification requirement that simply says virtually the opposite — "except for the negligence or willful misconduct of the City the developer must defend and indemnify the City from and against any and all damages, etc. etc." What does that mean? It means that the developer is obligated to defend and indemnify the City with regard to any liability except for liability created by the City's negligence. That's a standard provision in most agreements. Nothing in Section 6.03(c) says anything about negligence in the entitlement process. Frankly, I'm not aware of what type of negligence might arise in an entitlement process. I'm not sure why that criticism is even in the letter. In conclusion I don't believe that the protests made by HOSEC and its attorneys has merit. I don't believe that this agreement is project within the meaning of CEQA. I think the comments are mistaken, erroneous or reflect a mischaracterization of the DECEMBER 19, 2006 PAGE 20 CITY COUNCIL agreement or reflect simply the author's disagreement with various points that were negotiated during the negotiation process. I'd be happy to answer any questions that the Council may have about this. M/Tye agreed with CA/Jenkins. MPT/Tanaka said he was confident with staff's reports and interpretation by the City's legal counsel that all the Council was approving at this point was a process, and that there would be ample opportunity for public input and for comments from interested stakeholders. He was also comfortable that there would be no financial impact to the City. C/Herrera agreed with MPT/Tanaka's comments and said that for some individuals to claim they were caught unaware and did not know about the Aera project was quite unreasonable since for the 11 years she has served on this City Council people have talked about the Aera development. HOSEC was created two years ago by a coalition of cities that wanted to stop the development that everyone knew was coming. C/Herrera moved, C/Chang seconded, to Adopt Resolution No. 2006-79 Approving a Planning and Pre -Annexation Agreement between the City of Diamond Bar, California and Aera Energy LLC. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang thanked residents for their input this evening and encouraged them to participate in public meetings as often as possible. Last week the City recognized and thanked its Senior Volunteers for assisting the City and helping to deter crime. Fie thanked staff for the wonderful community Snow Fest event. He and other Council Members attended the Senior's Christmas party. Yesterday the Council held a special economic development meeting to discuss ways in which various sites could be used to help revitalize the City's economy. He wished everyone Happy Holidays and a very Happy, Healthy and Prosperous 2007. C/Herrera stated that Council Members attend many community events in the City and that the City's staff and City Council look very careful at all issues that come before the City as to how they could benefit the residents of D.B. Council and staff have no interest in making decisions that may hurt the residents and the City, and always have the best interest of the community at hand and heart. Opportunities come with annexing the Aera property. A resident asked where all of the cars would go. Most individuals travel to their jobs and a great majority of people work in DECEMBER 19, 2006 PAGE 21 CITY COUNCIL Orange County. Many are attempting to find affordable housing and the State of California is pressing California cities to plan for some affordable housing. The City of Industry has 85,000 jobs and very little housing so most live in other areas. So, there are all kinds of opportunities for the City and the region to reduce traffic if the workforce can live closer to their places of employment and perhaps travel via MTA or Foothill Transit and she has recently spoken to these agencies about such workforce movement possibilities. There will be numerous public hearings on all these issues and there will be ample opportunity for all residents and stakeholders to participate in the process. She wished everyone safe holidays and a Merry Christmas. MPT/Tanaka thanked residents who watch the meetings on cable and come before the City Council to express their concerns and feelings about projects and issues 'that concern the City. He and C/Herrera attended the installation of officers for the (Korean -American Federation of Eastern Los Angeles. He and his colleagues attended the Volunteer Patrol recognition with Lt. Maxey presiding. He attended the Tri -Counties Association of Realtors Installation and Recognition luncheon. C/Tanaka further stated that he attended the Breakfast with Senator Margett. He thanked staff and especially the Community Services staff for an excellent Snow Fest event and thanked Allison Meyer for coordinating the holiday craft fair at the Diamond Bar Center. The Diamond Bar Performing Arts had a fundraising dinner at the Diamond Bar Center and congratulated the Diamond Bar High School students. Industry held a Manufacturer's Counsel Christmas luncheon for which the Citrus College Singers provided the Christmas program. Armstrong Elementary School held a Christmas program for the first and second graders; The D.B. Seniors put on a very well attended Christmas luncheon with the largest ever participation. The San Gabriel Valley Chamber held its Christmas mixer and co -hosted the United States Marine Corps Toys for Tots Drive. He attended the Pantera Park batting cages meeting and that several residents participated. He visited both Tiny Tots programs during Santa Claus visits at Heritage Park and Pantera. The Diamond Ranch High School Band, Orchestra and Choir held a Breakfast Santa fundraiser this past weekend which was very well attended. There was entertainment throughout the morning with the musical programs. He thanked all of the students from D.B.H.S. who participated in tonight's meeting. He and his wife Wanda wished everyone a Merry Christmas and a happy and healthy New Year. M/Tye said that the students who remained for the entire City Council meeting tonight should receive double class credit. He said he appreciated C/Herrera's comments because the Council is charged with listening and considering all aspects of an issue and must respond to the wishes of the residents who are the eyes and ears of the City. He asked that residents not be fooled into thinking that their Council and staff would be violating community wishes and policies. The goal of this City is to make the community better and it was very disappointing to hear that many residents received mailings from unnamed individuals who sent out unsigned letters containing false and misleading information about the D. B. Golf Course. s. He! said that residents could reach City Council members or staff member and make their concerns known and have their questions and concerns addressed and not fall victim to dishonest rhetoric designed to cause dissention within the community. DECEMBER 19, 2006 PAGE 22 CITY COUNCIL M/Tye congratulated CSD/Rose and his staff on the Snow Fest event and transforming Pantera Park into a winter wonderland! He announced that D.B. resident Ryan Smith (No. 28) would be playing for the Florida Gators. His family has lived in D.B. for 20 years. Ryan attended Golden Springs Elementary and Lorbeer Middle School, played soccer and Little League Baseball in the City. Lance and Marlene Smith would also like everyone know that their daughter Megan who cheered for Ryan during his years in D.B. is attending Clark Atlanta University in Atlanta. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 10:10 P.M. to January 16, 2007 in memory of staff member Al RunlSey's son and in honor of the men and women serving their country who are away from their friends, families and homes during this holiday season. FOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of STEVE TYE, MAYOR , 2007. Agenda # 6.2 Meeting Date: January 16, 2007 CITY COUNCIL l AGENDA REPORT TO: Honorable Mayor and Members o he City Council VIA: James DeStefano, City Man ge TITLE: Ratification of Check Register dated December 14, 2006 through January 10, 2007. RECOMMENDATION: Ratify Check Register containing checks dated December 14, 2006 through January 10, 2007 totaling $3,595,983.55. FINANCIAL IMPACT: Expenditure of $3,595,983.55 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. DISCU13SION: The attached check register containing checks dated December 14, 2006 through January 10, 2007 for $3,595,983.55 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED �BY: i, Finance ector Assist nt City Manager Attachments: Affidavit and Check Register —12/14/06 through 01/10/07. 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 December 14, 2006 through January 10, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description 001 General Fund 112 Prop A - Transit Fund 115 Int. Waste Mgt Fund 118 AB2766 - AQMD Fund 125 CDBG Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 Capital Improvement Project Fund Signed: Linda G. Magnus n Finance Director Amount $1,797,435.4T 22,507.41 20,464.73 3,904.01 18,039.61 23,593.19 6,656.67 7,267.13 1,696,115.36 $3,595,983.55 Page 1 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name 12/14/2006 Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/14/2006 1 06- PP25 IPAYRO�_�_ Taeniccco PAYROLL TRANSFER P/R TRANSFER-06/PP 25 115 10200 4,990.98 $133,357.39 12/14/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 25 118 10200 1,101,91 12/14/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 25 001 10200 119,336.90 12/14/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 25 112 10200 4,011.70 12/14/2006PAYROLL TRANSFER P/R TRANSFER-06/PP 25 141 10200 938.68 12/14/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 25 125 10200 1,099.89 12/14/2006P/R PAYROLL TRANSFER TRANSFER-06/PP 25 138 10200 938.66 P/R TRANSFER-06/PP 25 139 10200 06-PP 24 PAYROLL TRANSFER/2006 938.67 Fl/2006 TRANSFER P/R TRANSFER-06/PP 24 141 10200 1,353.22PAYROLL $147,865.10 /2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 24 125 10200 1,192.71/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 24 138 10200 1,353.23 11/30/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 24 139 10200 1,353.25 11/30/2006 PAYROLL TRANSFER PIR TRANSFER-06/PP 24 112 10200 5,414.66 11/30/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 24 115 10200 7,448.87 11/30/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 24 118 10200 1,348.16 P/R TRANSFER-06/PP 24 001 10200 128,401.000 11/30/2006 73441 ABRAKADOODLE 11/30/2006 1 ABRAKADOODLE CONTRACT CLASS-FALL 0015350 45320 396.00 $0.00 CONTRACT CLASS-FALL 0015350 45320 396.00 11/30/2006 73442 ACT GIS INC GIS SVCS-SEPT 06 0014070 44000 6,077.50 $6,077.50 11/30/2006 1 73443 JAGI ACADEMY CORP CONTRACT CLASS-FALL 0015350 45320 504.00 $504.00 11/30/2006 73444 AMERICOMP GROUP INC 11/30/2006 AMERICOMP GROUP INC SUPPLIES-TONER 0014070 45000 565.07 $807.54 SUPPLIES-TONER 0014070 45000 242.47 11/30/2006 73445 ARAMARK WORK APPAREL &UNIFORM SVCS 11/30/2006 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS-WK 11/16 0015310 42130 26.75 $53.50 UNIFORM SVCS-WK 11/23 0015310 42130 26.75 11/30/2006 73446 BEE REMOVERS BEE REMOVAL-HERITAGE PK 0015340 42210 105.00 $105.00 11/30/2006 73447 IBENESYST FLEX ADMIN SVCS-3RD QTR 0014060 42346 93.80 11/30/2006 73448 BENESYST $93.80 12/01 P/R DEDUCTIONS 001 21105 415 05 $415 O5 Page 1 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Page 2 Check Date I Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/30/2006 73449 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09001 23010 895.00 $895.00 11/30/2006 73450 CABALLERO FEED &PET INC SUPPLIES -SNOW FEST 0015350 41200 793.41 $793.41 11/30/2006 73451 TINA CHANG CONTRACT CLASS -FALL 1 0015350 45320 1 54.00 $54.00 11/30/2006 73452 JOAN CHAVEZ REIMB-MTG SUPPLIES 0014090 42325 83.61 $83.61 11/30/2006 73453 ICHIEN ALICE CONTRACT CLASS -FALL 0015350 45320 168.00 $168.00 11/30/2006 73454 CINGULAR WIRELESS 11/30/2006 CINGULAR WIRELESS CELL CHRGS-POOL VEH 0014090 42125 11,42 $22.84 CELL CHRGS-POOL VEH 0014090 42125 11.42 30/2006 73455 CIVIC SOLUTIONS INC 30/2006 CIVIC SOLUTIONS INC PLNG SVCS -AUG 06 0015210 44000 95.00 $10,046.25 30/2006 Fl CIVIC SOLUTIONS INC PLNG SVCS -AUG O6 0015210 44000 47.50 30/2006 CIVIC SOLUTIONS INC PLNG SVCS -AUG 06 0015210 44000 2,280.00 30/2006 CIVIC SOLUTIONS INC PLNG SVCS -AUG 06 0015210 44000 997.50 11/30/2006 CIVIC SOLUTIONS INC PLNG SVCS -AUG 06 0015210 44000 1,140.00 11/30/2006 CIVIC SOLUTIONS INC PLNG SVCS -AUG 06 0015210 44000 23.75 11/30/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-211 001 23010 332.50 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-211 001 23010 59.85 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-211 001 34430 -59.85 11/30/2006 CIVIC SOLUTIONS INC PROF -SVCS -FPL 2006-211 001 23010 23.75 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-211 001 23010 4,2B 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-211 001 34430 -4,P8 11/30/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2005-147 001 23010 2,660.00 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 23010 478.80 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 34430 -478,80 11/30/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-189 001 23010 237.50 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-189 001 23010 42.75ADMIN 11/30/2006 CIVIC SOLUTIONS INC FEE -FPL 2006-189 001 34430 -42,75 11/30/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2004-85 001 23010 1,330.00 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2004-85 001 23010 239.40 11/30/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2004-85 001 34430 -239.40 PROF.SVCS-FPL 2006-224 001 23010 878,75 Page 2 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor !ame��__ ___ _Transaction Description Fund/ Dept Acct # Amount Total C11/30/2006 73455... CIVIC SoLI1T_ ADMIN FEE -FPL 2006-224 001 23010 158.18 $10,046.25 ... 11/30/2006 (CIVIC SOLUTIONS INC ADMIN FEE FPL 2006 224 001 34430 158.18 11/30/2006 73456 CONTACT OFFICE SOLUTIONS 11/30/2006 I 73457 DENNIS CAROL 11/30/2006 DENNIS CAROL 11/30/2006 1 73458 IDEPARTMENT OF JUSTICE ER MAINT-NOWDEC PROF.SVCS-SS/CC MTG PROF.SVCS-PLNG COMM SCREENING 0014090 I 42100-F-1,070 DIAMOND BAR INTERNATIONAL DELI AUG 0611/30/2006 0015333 DH MAINTENANCE 0014030 11 44000 11 225, 0015210 44000 FADDLMAINT-DBCT-DBC -HERITAGE AUG 0015340 350.1 DH MAINTENANCE AINT-DBC OCT 06 0015333 DH MAINTENANCE 0014060 42345 64.1 11/30/2006 73459 DH MAINTENANCE DH MAINTENANCE DIAMOND BAR INTERNATIONAL DELI AUG 0611/30/2006 0015333 DH MAINTENANCE HLY MAINT-OCT 001533311/30/2006 DH MAINTENANCE T -DBC AUG11/30/2006 0015333 11/30/2006 DH MAINTENANCE FADDLMAINT-DBCT-DBC -HERITAGE AUG 0015340 11/30/2006 DH MAINTENANCE AINT-DBC OCT 06 0015333 DH MAINTENANCE AINT-PARK OCT11/30/2006 0015340 7.11 HLY MAINT-SEPT 0015333 45300 45300 45300 42210 45300 42210 45300 3,261 2,795 12,006. 725. 2,484. $1,070.73 $575.00 $64.00 11/30/2006 73460 DIAMOND BAR INTERNATIONAL DELI 75.00 MTG SUPPLIES -COMM SVCS 0015350 41200 006 73461 DIAMOND BAR PETTY CASH $75.00 7.11 $298.69 006 CS -SUPPLIES DIAMOND BAR PETTY CASH 0015350 41200 006 F/2 DIAMOND BAR PETTY CASH PLNG-PARKING 0014030 42325 8.00 DIAMOND BAR PETTY CASH FIN-CDIAC CONE006 0014050 42340 18.00 006 DIAMOND BAR PETTY CASH CM -PARKING 0014030 42330 8.00 11/30/2006 DIAMOND BAR PETTY CASH P/W-MTG SUPPLIES 0015510 42325 19.06 11/30/2006 DIAMOND BAR PETTY CASH CM-JPIA CONE 0014030 42330 9.00 11/30/2006 DIAMOND BAR PETTY CASH MIS -PARKING 0014070 42325 8.00 11/30/2006 DIAMOND BAR PETTY CASH MIS -CONE 0014070 42330 25.00 11130/2006 DIAMOND BAR PETTY CASH CM-MTG 0014030 42325 30.00 11/30/2006 DIAMOND BAR PETTY CASH GEN GOVT-MTG SUPPLIES 0014090 42325 29,10 11/30/2006 DIAMOND BAR PETTY CASH SUPPLIES -DBC 0015333 41200 10.8191 11/30/2006 DIAMOND BAR PETTY CASH CM -MTG SUPPLIES 0014030 41200 5.49 11/30/2006 DIAMOND BAR PETTY CASH CP -PARKING 0015210 42325 8.00 11/3012006 DIAMOND BAR PETTY CASH REC-PRINTING 0015350 41200 7,9$ 11/30!2006 DIAMOND BAR PETTY CASH PLNG-MTG SUPPLIES 0015210 41200 18.00 — COUNCIL-CONF 0014010 42330 13.00 Page 3 Page 4 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/30/2006 1 73461 IDIAMM1111 Qec D=--- F' FO MTG 11/30/2006 DIAMOND BAR PETTY CASH MIS -PARKING 0014050 423U::l DIAMOND BAR PETTY CASH 001 42311/30/2006 DIAMOND BAR PETTY CASH PLNG-COMM MTG SUPPLIES 0015210 42311/30/2006 11/30/2006 BAR PETTY CASH PWKS-SGCOG MTG 0015510 510 423DIAMOND PWKS-SGCOG MTG 0015510 423 11/30/2006 73462 JEDUCATION TO GO CONTRACT CLASS -FALL 0015350 45320 52.00 $52.00 11/30/2006 73463 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-228 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 001 23010 14.40 $172.70 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT 001 42120 28,75 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-228 00011 23010 14.40 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 28,75 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-225 001 23010 14.40 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT001 EXPRESS MAIL -FPL 2006-225 23010 14.40 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-223 001 23010 14.40001 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2002-63 23010 14.40 11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-223 001 23010 14.40 EXPRESS MAIL -FPL 2006-229 001 23010 1 14.40 11/30/2006 73464 EXTERIOR PRODUCTS INC INSTALLIREMOVE-BANNERS 0015310 44000 5,795.00 $5,795.00 11/30/2006 73465 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC NOV 11/30/20060015333 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC OCT 45300 75.00 $115.00 0015333 45300_L_ 40.00 11/30/2006 73466 DAVID FERNANDEZ CONTRACT CLASS -FALL 11/30/2006 DAVID FERNANDEZ 0015350 45320 1,206.50 $1,387.50 CONTRACT CLASS -FALL 0015350 45320 181.00 11/30/2006 73467 FIRE ETC EQ -THERMAL CAMERA 0014421 46250 13,145.50 $13,145.50 11/30/2006 73468 GO LIVE TECHNOLOGY INC ICONSULTANT SVCS -WK 11/24 0014070 44000 3 375 00 $3 375 00 11/30/2006 73469 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL SVCS -OCT GRAFFITI CONTROL SYSTEMS 0015230 45520 PAINT REMVL-ROAD MAINT 0015554 45502 E:4,140.00=$5,160.0011/30/2006 1,020.00 11/30/2006 73470 HIRSCH &ASSOCIATES INC. SULTANT SVCS-SYC CYN 11/30/2006 HIRSCH & ASSOCIATES INC.2505310 ::::]CONSULTANT SVCS-SYC CYN R46415 113.36 $1,713.36 2505310 R46415 1,600.00 Page 4 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date I Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/30/2006 I 73471 (IMPERIAL PAVING CO INC CNSTRCTN-NGHBRHD TRFFC 2�n���n �-----•- RAaA17 � ,.� �� I oo,oai.��� $58,881.01 11/30/2006 1 73472 JINTERNATIONAL PROTECTIVE SVCS INC. CROSSING GUARD SVCS -OCT 0014411 45410 10,784.70 $10,784.70 11/30/200673473 KUSTOM IMPRINTS INCORP. STAFF SHIRTS -COMM SVCS 0015310 412001,156.36 $1,156.36 11/30/2006 73474 ILEWIS DIAMOND BAR LLC REFUND -GRADING BOND 001 23001 14,504.40 $14,504.40 11/30/2006 73475 LIGHTING RESOURCES LLC RECYCLED BATTERIES 1155515 44000 125.40 $125.40 11/30/2006 73476 LOWE'S BUSINESS ACCOUNT SUPPLIES -RECREATION 0015350 41200 216.06 $216.06 11!30/2006 73,477 IMANAGED HEALTH NETWORK EAP SVCS -DEC 06 001 21115 144.72 $144.72 11/30/2006 73478 KAREN MAY CONTRACT CLASS -FALL 0015350 45320 594.00 $594.00 11/30/2006 73479 MCE CORPORATION 11/30/2006 MCE CORPORATION RIGHT-OF-WAY MAINT-OCT 0015554 45522 2,802,28 $10,331.87 ROAD MAINT-OCT 06 0015554 45502 7,529.58 11/30/2006 73480 KIMBERLY MOLINA REIMB-HOLIDAY CELEB 0014090 42325 724.11 72411 11/30/2006 73481 NEW MILLENNIUM CONSTRUCTION INC 11/30/2006 NEW MILLENNIUM CONSTRUCTION INC HIP PROG-23958 G/SPRINGS 1255215 44000 5,600.00 HIP PROG-23958 G/SPRINGS 1255215 44000 5,825.001$11,425.00 11/30/2006 73482 NEWHALL ICE COMPANY SNOW -SNOW FEST DEC 0015350 45300 9,850.75 $9,850.75 11/30/2006 73483 NEXTEL COMMUNICATIONS CELL CHRGS-P/W,C/S,C/D 0014090 42130 551.96 $551.96 11/30/2006 73484 OLYMPIC STAFFING SERVICES 11/30/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 11/19 0015310 44000 158.88 TEMP SVCS- WK 11/5 0015310 44000 158.88 7$317 11/30/2006 73485 ONTARIO ICE SKATING CENTER CONTRACT CLASS -FALL 0015350 45320 288.00 $288 00 11/30/2006 73486 ORIENTAL TRADING COMPANY INC SUPPLIES -SNOW FEST 0015350 41200 490.55 $490.55 11/30/2006 73487 PACIFIC CREST YOUTH ARTS ORGANIZATN SUPPLIES COMM SVCS 0015350 41200 inn nn p � Page 5 Gheck Date Check Nui 11/30/2006 73488 11/30/2006 11/30/2006 11/30/2006 73489 11/30/2006 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Vendor Name PERS RETIREMENT FUND PERS RETIREMENT FUND PERS RETIREMENT FUND PROTECTION SERVICE INDUSTRIES LP PROTECTION SERVICE INDUSTRIES LP Transaction Description ETiRE CON I K113 -LE URVIVOR BENEFIT ETIRE CONTRIB-ER .ARM SVCS -DBC ARM SVCS -HERITAGE PK Fund/ Dept I Acct # 0 0 01=21 0015333 42210 0015340 1 42210 Amount I Total Check Amount 8,373.12 $21,637.42 45.57 13,218.73 $127.26 Page 6 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/30/2006 73501... UNITED PARCEL SERvl(-F= -E_nrKtas MAIL -COMM SVCS 0015350 42120 11.63 11/30/2006 73502 VANTAGEPOINT TRNSFR AGNTS-303248 12/01/06-P/R DEDUCTIONS 001 21108 26,760.24 $26,76024 11/30/2006 73503 VERIZON WIRELESS -LA 2006 3504 VERIZON WIRELESS -LA 2006 L11/30/2006 VERIZON WIRELESS -LA 2006 VERIZON WIRELESS -LA $202.69 CELL CHRGS-CMGR VERIZON WIRELESS -LA 11/30/2006 7 CELL CRHGS-DESFORGESME7 3504 5 50.69 CELL CHRGS-AZIZ $202.69 CELL CHRGS-CMGR 5 50.69 150.00 CELL CHRGS-EOC 11/30/2006 73505 56.61 CELL CHRGS-GENERAL 44.60 11/30/2006 VISION SERVICE PLAN 0.10 Page 7 3504 VISION INTERNET PROVIDERS INC WEB HOSTING-NOV 06 0014070 44030 150.00 $150.00 11/30/2006 73505 VISION SERVICE PLAN 11/30/2006 VISION SERVICE PLAN DEC 06 -VISION PREM 001 21107 1,243.05 $1'289'82 DEC 06 -COBRA VISION 001 21107 11/30/2006 1 73506 JW.W. GRAINGER INC. 46.77 SUPPLIES -COMM SVCS 0015340 42210 609.82 $609.82 11/30/2006 73507 WAXIE SANITARY SUPPLY 11/30/2006 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 617.28 $784'68 SUPPLIES -HERITAGE PK 0015340 42210 167.40 11/30/2006 73508 WELLS FARGO BANK WELLS FARGO BANK MTG-CMGR 0014030 $300.07 11/30/2006 WELLS FARGO BANK SUPPLIES-CMGR 0014030 M4232558.0411/30/2006 64.93JPIA CONF-CMGR 0014030 177.10 11/30/2006 73509 WEST COAST ARBORISTS INC 11/30/2006 WEST COAST ARBORISTS INC TREE MAINT SVCS -OCT O6 0015558 45509 2 346 1,.50 $13,288.50 TREE WATERING SVCS -OCT 06 0015558 55 410 942.00 I I ia2006 73510 PAUL WRIGHT AN SVCS-P/C,CC,T/D 0014090 44000 332.50 $332.50 12/7/2006 73511 NORMA AGUILERA PK REFUND -DBC 001 23002 500.00 $500.00 12/7/2006 73512 AMERICAN MESSAGING PAGER SVCS -DEC -FEB 07 0014090 42130 99.46 12/7/2006 73513 1JOE ANONELLI $99.46 RECREATION REFUND 001 34740 64.00 12/7/2006 73514 AT & T $64.00 12/7/2006 AT & T PH -SVCS -GENERAL 0014090 42125 23,54 $55.87 PH.SVCS-GENERAL 0014090 42125 15.05 Page 7 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check DateCheck Number Vendor Name Transaction Description Fund/ Dept i2i7i20061 73514... IAT & T PH.SVCS-GENERAL j 0014090 Acct # Amount Total Check Amount 42125 1 17.281 $55.87.1 12/7/2006 73515 ISAAC AZIZ RIEMB-FORTIS TRNG 1 0014030 41200 26.74 $26.74 1 42340 1 1,142.101 $1,142.10 SUPPLIES- RECREATION PH.SVCS-GENERAL 0015350 0014070 41200 42125 158.731 304.501 $158.73 $304.50 12/7/2006 73516 BLAZE CONE COMPANY INC SUPPLIES -ROAD MAINT 1 0015554 42325 75.001 $75.00 41250 1,792.76 $1,792.76 STAFF MTG-CPRS 0015350 1 42325 1 180.001 $180.00 12/7/2006 73517 BONTERRA CONSULTING INC. PROF.SVCS-FER 96-1 1 001 23011 1 250.001 $250.00 12/7/2006 73518 BRUNDIGE GLASS SUPPLIES -DBC 0015333 41200 26.74 $26.74 12!7!2006 12/7/2006 73519 73520 JBSN SPORTS CORP BUSINESS TELECOMMUNICATION SYS INC. SUPPLIES- RECREATION PH.SVCS-GENERAL 0015350 0014070 41200 42125 158.731 304.501 $158.73 $304.50 12/7/2006 73521 CA PARKS & REC SOC -DIS XIII IMEMBERSHIP MTG-REC 0015350 42325 75.001 $75.00 12/7/2006 73522 CA PARKS & REC SOC -DIS XIII STAFF MTG-CPRS 0015350 1 42325 1 180.001 $180.00 12/7/2006 12/7/2006 12/7/2006 12/7/2006 73523 CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -PARKS SUPPLIES -PARKS 0015333 0015333 0015340 0015340 1 45310 41200 41200 42210 42210 139.10 $444.52 71.34 189.33 44.75 12/7/2006 73524 JCB RANCH ENTERPRISES EXCURSION -DEPOSIT 0015350 1 45310 50.001$50.00 1217/2006 12/7/2006 73525 73526 ICENTER ICE SKATING ARENA DAVID J. GRUNDY CONTRACT CLASS -FALL P & R COMM -11/16 0015350 00153501 1 45320 44100 84.001 45.66F $84.00 $45.00 12/7/2006 73527 DAY & NITE COPY CENTER IPRINT SVCS -COMM SVCS 0015350 42110 64.95 $64.95 12/7/2006 73528 DELTA CARE PMI DEC 06 -DENTAL PREMIUMS 001 21104 326.52 $326.52 12R/2006 73530 DENNIS CAROL PROF.SVCS-P & R COMM 0015310 44000 100.00 $100.00 Page 8 Page 9 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name 1und/ Transaction Description F Dept Acct # 11 Amount Total Check Amount 12/7/2006 73531 nionnntin Rec uir_u ql pp^ , COMM ORG SUPPORT FUND 0114010 42355 100.00 $100.00 12/7/2006 73532 DIAMOND BAR MOBIL FUEL -COMM SVCS 12/7/2006 DIAMOND BAR MOBIL 0015310 42310 138.51 $256.61 12/7/2006 DIAMOND BAR MOBIL VEH MAINT-COMM SVCS 0014090 42200 12.00 FUEL -COMM SVCS 0015310 42310 106.10 12/7/2006 73533 DIAMOND BAR PETTY CASH CHANGE -WINTER SNOW FEST 001 34720 600.00 $600.00 12/7/2006 73534 IDIANA CHO & ASSOCIATES CONSULTANT SVCS -OCT 06 1255215 44000 1,225.00 $1,225.00 12/7/2006 73535 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE -11/01-11/15 1125553 45529 15,043.16 $15,043.16 12/7!2006 73536 IDOGGIE WALK BAGS INC SUPPLIES -PARKS 0015340 41200 832.13 $832.13 12/7/2006 73537 HENRI DOPPERT PK REFUND -DBC 12/7/2006 HENRI DOPPERT PK REFUND -DBC 001 36615 290.00 $390.00 001 23002 100.00 12(7/2006 73538 EDUCATION TO GO CONTRACT CLASS -FALL 0015350 45320 104.00 $104.00 1217/2006 73539 JEJB DESIGN REFUND -OVERPAYMENT 001 34560 40.001$40.00 12/7/2006 73540 FEIRUZ ENNABE-AYOUB PK REFUND -DBC 12/7/2006 FEIRUZ ENNABE-AYOUB FACILITY RENTAL -DBC 001 23002 500.00 $432.00 001 36615 68.00 12/7/2006 73541 EVERGREEN INTERIORS PLANT MAINT-C"NOV 12/7/2006 EVERGREEN INTERIORS PLANT MAINT-LIBRARY NOV 0014090 422107480.63 $1,160.89 12/7/2006 EVERGREEN INTERIORS 0014090 42210 EVERGREEN INTERIORS PLANTS -CITY HALL DEC O6 0014090 4221012/712006 INTERIORS PLANTS -DBC DEC 0612/7/2006 0015333 42210EVERGREEN PLANT MAINT-DBC OCT 0015333 45300 12/7!2006 73542 FEDEX 12/7/2006 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 34.80 $216.65 12/7/2006 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 84,84 EXPRESS MAIL -GENERAL 0014090 42125 97.01 12/7/2006 73543 FOOTHILL TRANSIT FOOTHILL TRANSIT-NOV 06 12/7/2006 FOOTHILL TRANSIT 1125553 45535712,"400.00 00.00 $26,498.46 12/7/2006 CITY FOOTHILL TRANSIT SUBSIDY -SEPT 06 1125553 4553300.00 FOOTHILL PASSES -SEPT 06 1125553 45535 Page 9 Page 10 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 12/7/2006 7.3,541 FnnTuILL TPA".ISIT CITY SUBSIDY-NOV 06 1125553 45533 12/7/2006 FOOTHILL TRANSIT 4,200.00 $26,498.46... 12/7/2006 FOOTHILL TRANSIT MEMO CREDIT -FOOTHILL PASS 1125553 45535 -2,852.77 12/7/2006 FOOTHILL TRANSIT FOOTHILL PASSES -COMM 1125553 45535 -531.00 12/7/2006 FOOTHILL TRANSIT FOOTHILL PASSES -COMM 1125553 45535 -465.00 MEMO CREDIT -FOOTHILL PASS 1125553 45535 -2,852.77 12/7/2006 73544 LUISA FUA REIMB-HOLIDAY PARTY 0014090 42325 1 31.18 $31.18 12/7/2006 73545 KAREN GENCO PK REFUND -DBC 12/7/2006 KAREN GENCO 001 2300 2 PK REFUND -DBC 001 =00 12/7/2006 73546 CHAD GONELLA CONTRACT CLASS -FALL 0015350 45320 480.00 $480.00 1217/2006 73547 PEDRO GONZALEZ PK REFUND -DBC 001 23002 1 500.00 $500.00 12/7/2006 73548 GRAND MOBIL MAINT-POOL VEH 12/7/2006 GRAND MOBIL 0014090 42200 134.22 $343.39 MAINT-NGHBRHD IMP VEH 0015230 42200 209.17 12/7/2006 73549 SHANNON GRIFFITHS CONTRACT CLASS -FALL 0015350 1 45320 1478.80 $478.80 12/7/2006 73550 NICOLE HERNANDEZ RECREATION REFUND 001 36615 1 400.00 $400.00 12/7/2006 73551 LEW HERNDON P & R COMM -11/16 0015350 44100 45.00 $45.00 12/7/2006 73552 HOME DEPOT CREDIT SERVICES SUPPLIES -DBC 12/7/2006 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015333 41200 6.19 $149.49 0015340 42210 143.30 12/7/2006 73553 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 12/7/2006 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 0015333 41200 21,54 $5,365.74 12/7/2006 IMPAC GOVERNMENT SERVICES EQ -ROAD MAINT 0015350 41200 201.35 12/7/2006 IMPAC GOVERNMENT SERVICES 3CMA CONF-P/INFO 0015554 42310 4.81 12/7/2006 IMPAC GOVERNMENT SERVICES SUPPLIES -HAUNTED HOUSE 0014095 42330 146.97 1217/2006 IMPAC GOVERNMENT SERVICES CCNA/CCDA TRNG-AZIZ 0015350 41200 474.52 12/7/2006 IMPAC GOVERNMENT SERVICES CJPIA TRNG-AZIZ 0014070 42340 458.01 12/7/2006 IMPAC GOVERNMENT SERVICES SUPPLIES -GENERAL 0014070 42340 173.96 12/7/2006 IMPAC GOVERNMENT SERVICES SCAG MTG-FONG 0014090 41200 21,37 0015210 42325 37.15 Page 10 Page 11 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Transaction Description Check Number Vendor Name Fund/ Dept Acct # Amount Total Check Amount 12/7/2006 73553... IMPAC r,nV;:P.H,RAENT 0=3 11n� 12/7/2006 - --—' ' '' IMPAC GOVERNMENT SERVICES ICSGCONF-FONG 0015240 42330 178,14 $5,365.74 ... 12/7/2006 IMPAC GOVERNMENT SERVICES PUBLICATIONS-I.T. 0014070 42340 107.64 12/7/2006 IMPAC GOVERNMENT SERVICES CCNA TRNG-I.T. 0014070 42320 39.95 12/7/2006 IMPAC GOVERNMENT SERVICES MTG-D LIU 0015510 42330 269.00 12/7/20060015340 IMPAC GOVERNMENT SERVICES SUPPLIES -PARKS 41200 66.89 12/7/2006 IMPAC GOVERNMENT SERVICES MTG SUPPLIES-I.T. 0014070 42325 203.55 12/7/2006 IMPAC GOVERNMENT SERVICES MISAC CONF-I.T. 0014070 42330 475.00 12/7/2006 IMPAC GOVERNMENT SERVICES EQ -DBC 0015333 46410 446.00 12/7/20060015350 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 42200 32.46 12/7/2006 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 0015310 41300 32.81 12/7/20060015333 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 41200 9,64 12/7/2006 IMPAC GOVERNMENT SERVICES NRPA CONF-S SOMOGYI 0015310 42330 1,387.00 12/7/20060015350 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 41200 202.00 12/7/2006 IMPAC GOVERNMENT SERVICES TRNG-MAGNUSON 0014050 42340 26,87 12/7/2006 IMPAC GOVERNMENT SERVICES MTG SUPPLIES -GENERAL 0014090 42325 279.46 PROMO SUPPLIES -GENERAL 0014090 41400 69.65 12/7/2006 73554 INDEPENDENT CITES ASSOCIATION MTG-COUNCIL 12/7/2006 INDEPENDENT CITES ASSOCIATION MTG-COUNCIL 0014010 42325 -15.00 $0.00 0014010 42325 15.00 12/7/2006 73555 INLAND EMPIRE STAGES EXCURSION -TRANSPORTATION 1125350 1 45310 1931.00 $931.00 56 INLAND VALLEY DAILY BULLETIN LEGAL AD-P/HEARING :1=2/712006 INLAND VALLEY DAILY BULLETIN LEGAL AD -NOTICE NOMINEES 0015510 42115 201.60 $384.00 INLAND VALLEY DAILY BULLETIN 0014030 42115 99.60 LEGAL AD -NOTICE TO BIDDER 0014030 42115 82.80 12/7/2006 73557 JKHALID JAVAID PK REFUND -DBC 00123002 700.00 $700.00 12/7/2006 73558 ITFRRI JEFFREYS RECREATION REFUND 001 34720 45.00 $45.00 12/7/2006 73559 MANISH JHAVERI PK REFUND -DBC 0011 23002 500.001$500.00 12/7/2006 73560 MADONA KAKISH PK REFUND -DBC 12/7/2006001 MADONA KAKISH 23002 350.00 $620.00 PK REFUND -DBC 001 36615 270.00 12/7/2006 73561 KATHY KORENGOLD PK REFUND DBC 001 23002 1 350.001 $1,241.80 Page 11 Page 12 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description ll:::: Dept Acct # Amount Total Check Amount 12/7/2006 73561... KATHY KORF_Nr_n_i 12/7/2006 I _n (KATHY KORENGOLD VK REFUND -DBC 1PK 001 36615 710.00 $1,241.80 REFUND DBC 001 23004 1818.0 ... 12/7/2006 73562 KIDZ LOVE SOCCER CONTRACT CLASS -FALL 0015350 45320 691.60 $691.60 12/7/2006 73563 JEMILY KLECKNER PK REFUND -DBC 001 23002 350.00 $350.00 12/7/2006 73564 KUSTOM IMPRINTS INCORP. SUPPLIES-REC 0015350 41200 700.22 $700.22 12/7/2006 73565 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS -DBC 0015333 41200 75.23 $75.23 12/7/2006 73566 JKWANG HO LEE PK REFUND -DBC 001 23002 136.68 $136.68 12/7/2006 73567 IBENNY LIANG P & R COMM -11/16 0015350 44100 45.00 $45.00 12/7/2006 73568 LOS ANGELES COUNTY MTA 12/7/2006 LOS ANGELES COUNTY MTA CITY SUBSIDY-NOV 06 112 45533 732.85 $2,799.50 MTA PASSES-NOV O6 1125553 45535 2,066.65 12/7/2006 73569 METROLINK 12/7/2006 METROLINK CITY SUBSIDY-NOV 06 1125553 45533 $41,492.05 12/712006 METROLINK METROLINK PASSES-NOV 06 1125553 45535 12/7/2006 METROLINK MEMO CREDIT -RETURN PASSES 1125553 45535 :-27,8]59.45 MEMO CREDIT -RETURN PASSES 1125553 45535 12/7/2006 73570 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015333 41200 36.80 $36.80 12/7/2006 73571�200=IGHT PRESS 12/7/2006 PRESS PRINT SVCS-PLNG 0015210 42110 190.52 $381.04 PRINT SVCS-P/WORKS 0015510 42110 190.52 12/7/2006 73572�LISETTE TTE MORAN 12/7/2006 MORAN PK REFUND -DBC 001 23002 500.00 $432.00 PROPERTY DAMAGE -DBC 001 36615 -68.00 12/7/2006 73573 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 10/27 0015210 1144000 317.76 $317.76 12/7/2006 73574 TED OWENS P & R COMM -11/16 0015350 44100 45.00 $45.00 12/7/2006 73575 PAETEC COMMUNICATIONS INC LONG DIST SVCS NOV/DEC 0014090 42125 TAin ds a Page 12 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Page 13 ICheck Date (Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/7/2006 1 73576 1POMONA JUDICIAL DISTRIr`T I - " " - ' rrir<t�i rvv l:1 I A I ION -OCT 06 001 32230 2,105.00 $2,105.00 12/7/2006 73577 PRIORITY MAILING SYSTEMS INC SUPPLIES -GENERAL 0014090 41200 37.09 $37.09 12/7/2006 73578 IGOERGINE RANDALL PK REFUND -DBC 001 23002 200.00 $200.00 12/7/2006 1 73579 1RBF CONSULTING DESIGN SVCS -GRAND AVE 0015240 R44000 4,050.00 $4,050.00 12/7!2006 73580 RICHARD RICO RECREATION REFUND 001 34740 64.00 $64.00 12/7/2006 73581 RUTH M. LOW P & R COMM -11/16 001535044100 45.00 $45.00 12/7/2006 73582 SECTRAN SECURITY INC. COURIER SVCS -DEC 06 0014090 44000 302.64 $302.64 12/7/2006 73583 JERRY SHORT CONTRACT CLASS -FALL 0015350 45320 1,996.80 $1,996.80 12/7/2006 73584 SMART &FINAL SUPPLIES -SR BINGO 0015350 41200 111.04 $111.04 12/7/2006 73585 SO CA CHUNG YUAN UNIV PK REFUND -DBC 001 23002 500.00 $500.00 12/7/2006 73586 SANJAY SOJWAL RECREATION REFUND 001 34740 64.00 $64.00 12/7/2006 73587 SOUTHERN CALIFORNIA EDISON 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 93.30 $1,692.43 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 51.40 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 117.94 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 38.42 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 147.78 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 112.22 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 47.38 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 68.42 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 86.04 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 43.88 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 52.05 12/7/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 726,77 ELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 1 106.83 12/7/2006 73588 SUNSHINE SENIORS ASSOCIATION RECREATION REFUND 001 36615 I70 00 $70.00 Page 13 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date (Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12 ii2006 73589 ISUNSHINE SENIORS ASSOCIATION PK REFUND -DBC 001 23002 500.00 $500.00 12/7/2006 73590 ITHE COMDYN GROUP INC CONSULTING SVCS -WK 11122 0014070 1 44000 975.00 12/7/2006 73591 ITHE FINDLEY REPORTS $975.00 BPOSIT-C/HALL 0014050 44000 50.00 12/7/2006 13592 ITHE KOSMONT COMPANIES $50.00 CONSULTANT SVCS -OCT 06 0015240 /744000 2,312.50 $2,312.50 12/7/2006 73593 THOMSON WEST LEGISLATIVE SVCS -FY 06/07 0014030 42320 311.00 $311.00 12/7/2006 73594 BRENT TICE PK REFUND -DBC 001 23002 500.00 $500.00 12/7/2006 73595 ITIME WARNER MODEM SVCS -COUNCIL 0014010 42130 44.95 12/7/2006 73596 ITRENCH PLATE RENTAL CO $44.95 SUPPLIES -ROAD MAINT 0015554 42130 120.00 $120.00 1?17/2006 73597 TRUGREEN LANDCARE 12/7/2006 TRUGREEN LANDCARE ADDL MAINT-PARKS OCT 06 0015340 42210 250.66 $2'12169 12/7/2006 TRUGREEN LANDCARE ADDL MAINT-DIST 38 OCT 06 1385538 42210 833.16 12/7/2006 TRUGREEN LANDCARE ADDL MAINT-DIST 39 OCT 06 1395539 42210 458.43 ADDL MAINT-DIST 41 OCT 06 1415541 42210 579.44 12/7/2006 73598 VERIZON CALIFORNIA 12/7/2006 VERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 121.11 $907.59 12/7/2006 VERIZON CALIFORNIA PH.SVCS-REAGAN OD15340 42125 89.60 12/7/2006 VERIZON CALIFORNIA PH.SVCS-ACCESS MODEM 0014090 42125 61.69 12/7/2006 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 28.87 12/7/2006 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 89.60 12/7/2006 VERIZON CALIFORNIA PH.SVCS-PANTERA 0015340 42125 89.60 12/7/2006 VERIZON CALIFORNIA PH.SVCS-PETERSON 0015340 42125 89.60 12/7/2006 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.69 12/7/2006 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 217.98 PH SVCS -DBC 0015333 42125 89.85 12!7/2006 1 73599 ILOTIE WALKOWIAK PK REFUND -DBC 001 23002 100.00 $100.00 12/7/2006 73600 WELLS FARGO BANK 1217/2006 WELLS FARGO BANK LEAGUE CONF-DOYLE 0014030 42330 500.00 $600.35 MTG SUPPLIES-DOYLE 0014030 42325 100.35 Page 14 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 1212uu6 73601 WELLS FARGO BANK 12/7/2006 WELLS FARGO BANK MTG-COUNCIL 11/1 0014010 42325 88.30 $150.30 MTG-COUNCIL 11/13 0014010 42325 62.00 12!7/2006 73602 WAYNE YADA RECREATION REFUND 001 34740 64.00 $64.00 12/7/2006 73603 YA-CHIN YANG RECREATION REFUND 001 34740 64.00 $64.00 12/7/2006 73604 BEATRICE YEPEZ PK REFUND -DBC 001 36615 400.00 $400.00 12/8/2006 73605 LAWYERS TITLE COMPANY ESCR-INDUSTRY LND PURCH 001 10403 15,000.00 $15,000.00 12/13/2006 73606 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 0014010 1 42325 40.00 $40.00 12/14/2006 73607 ABRAKADOODLE 12/14/2006 ABRAKADOODLE CONTRACT CLASS -FALL 0015350 45320 396.00 $759.00 CONTRACT CLASS -FALL 0015350 45320 363.00 12/14/2006 73608 ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING PROJ-NOV 0015510 44000 1,621.60 $1,621.60 12/14/2006 73609 JAGRICULTURAL COM WGHTS & MEASURES COYOTE CONTROL SVCS -OCT 0014431 45406 101.34 $101.34 12/14/2006 73610 AJAX SIGN GRAPHICS INC. 12/14/2006 AJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATES 0014090 41200 134.35 $178.63 12/14/2006 AJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 14.10 SUPPLIES -NAMEPLATES 0014090 41200 30.18 12/14/2006 1 73611 ALL AMERICAN PRO SPORTS SUPPLIES -WOOD PLAQUES 0014090 41400 1,732.00 $1,732.00 12/14/2006 1 73612 1AMERICANA ART CHINA CO SUPPLIES -CITY MUGS 0014090 41400 19.65 $19.65 12/14/2006 1 73613 APEX IMAGING & PAINTING PROF -SVCS -FPL 2006-240 001 23010 291.25 $291.25 12/14!2006 1 73614 IARFA D MEMBERSHIP DUES -FY 06/07 0014440 42315 2,965.75 $2,965.75 12/14/2006 1 73615 ILPTICIA ARMENGUAL RECREATION REFUND 001 34780 60.00 12/14/2006 73616 ARROYO GEOTECHNICAL CORP $60.00 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-513 001 34650 135.00 $4,905.00 ADMIN FEE -EN 06-532 001 23012 185.40 Page 15 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name 12/14/2006 73622 CATALINA BALLAST BULB COMPANY 12/14/2006 CATALINA BALLAST BULB COMPANY 12/14/2006 CATALINA BALLAST BULB COMPANY Transaction DescriptionFund/ Dept Acct # Amount Total Check Amount 42325 73616... JARROYO GEOTECHNICAL CORP $38 97 /CS-I.T. 0014070 42125 12/14/2006 ARROYO GEOTECHNICAL CORP rtt-tN U6-532 001 34650 185.40 $4,905.00 12/14/2006 ARROYO GEOTECHNICAL CORP ADM ADMIN FEE -EN 06-513 001 23012 ... 135.00 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-453 001 34650 -107.55 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 23012 148.50 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 34650 -148.50 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-453 001 23012 137.25 12/14/2006 ARROYO O GEOTECHNICAL CORP ADMIN FEE -EN 04 453 001 34650 -137.25 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-453 001 23012 107.55 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-453 001 23012 50.40 12/14/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-453 001 34650 -50.40 12/14/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 04 453 001 23012 762.50 12/14/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-513 001 23012 750.00 12/14/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-516 001 23012 825.00 12/14/2006 ARROYO GEOTECHNICAL CORP SLOPE REPAIR -DBC 2505310 46415 660.00 12/14/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-532 001 23012 1,030.00 12/14/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 04-453 001 23012 280.00 PROF.SVCS-EN 04-453 001 23012 597.50 12/14/2006 73617 BFNFSYST 12/14/2006 I 73618 BENESYST 12/14/2006 73619 BEST LIGHTING PRODUCTS 12/14/200673620 BLUESKY CAFE 12/14/2006 1 73621 BUSINESS TELECOMMUNICATION SYS INC 12/14/2006 73622 CATALINA BALLAST BULB COMPANY 12/14/2006 CATALINA BALLAST BULB COMPANY 12/14/2006 CATALINA BALLAST BULB COMPANY 12/14/2006 1 73623 12/14/2006 1 73624 ENNIFER CHARPENTIER SECURITY GROUP FLEX ADMIN SVCS -4TH QTR 0014060 42346 $85.00 /06-P/R DEDUCTIONS 001 211 $415 05 T -PAUL GROW PK0015340 41200 42210 275 00 $275.00 SUPPLIES -GENERAL 0014090 42325 38.97 $38 97 /CS-I.T. 0014070 42125 23002 200 00 $200 00 Page 16 0015333 41200 166.92 $393.64 SUPPLIES -DBC 0015333 41200 36.64 SUPPLIES -DBC 0015333 41200 190.08 PK REFUND -HERITAGE 001 23002 200 00 $200 00 SUPPLIES -PARKS 0015340 Page 16 12/14/2006 TER DAY & NITE COPY CENTER City of Diamond Bar - Check Register 12/14/2006 thru 001 23010 DIAMOND BAR CHAMBER OF COMMERCE 12/14/2006 PRINT SVCS -FPL 2005-147 01/10/2007 23010 12/14/2006 Check Date Check Number Vendor Name DIAMOND BAR INTERNATIONAL DELI 300.00$700.00 12/14/2006 12/14/2006 ADMIN FEE -EN 06-536 Transaction Description Fund/ Dept Acct: Amount Total Check Amount 001 73625 COMMUNICATIONS SUPPORT r;Rni IP Iti, DEL AMO CONSTRUCTION INC ADMIN FEE -EN 06 530 001 34650 12/14/2006 DEL AMO CONSTRUCTION INC - -- •• •� PROF.SVC-CABLE FRANCH 0014090 1 4000 3,750.50 $3,750.50 12/14/2006 7362 ICONSTANCE J. LILLIE 12/14/2006 DEL AMO CONSTRUCTION INC DEPOSIT REFUND -EN 06-530 001 23012 CONTRACT CLASS -FALL 0015350 1 45320 1549.60 DEPOSIT REFUND -EN 06-536 $549.60 23012 12/14/20061 73627 IVICTORIA CROSS 001 23012 12/14/2006 73631 DENNIS CAROL CONTRACT SVCS-H/R NOV 30 0014060 44000 12/14/2006 $3,145.00 3,145.00 12/14/2006 73628 CROWN GRAPHICS PROF.SVCS-PLNG COMM 0015210 1 44000 12/14/2006 1 SUPPLIES-PLNG COMM 0015210 41200 32.48 12/14/2006 73629 001 TT DAY & NITE COPY CEN $32.48 12/14/2006 TER DAY & NITE COPY CENTER PRINT SVCS -FPL 2005-147 001 23010 DIAMOND BAR CHAMBER OF COMMERCE 12/14/2006 PRINT SVCS -FPL 2005-147 001 23010 12/14/2006 73630 DEL AMO CONSTRUCTION -INC 170.00 DIAMOND BAR INTERNATIONAL DELI 300.00$700.00 12/14/2006 DEL AMO CONSTRUCTION INC ADMIN FEE -EN 06-536 001 23012 12/14/2006 DEL AMO CONSTRUCTION INC ADMIN FEE -EN 06-536 001 34640 12/14/2006 DEL AMO CONSTRUCTION INC ADMIN FEE -EN 06 530 001 34650 12/14/2006 DEL AMO CONSTRUCTION INC ADMIN FEE -EN 06-530 001 23012 12/14/2006 DEL AMO CONSTRUCTION INC ADMIN FEE -EN 06-530 001 34640 12/14/2006 DEL AMO CONSTRUCTION INC DEPOSIT REFUND -EN 06-530 001 23012 12/14/2006 DEL AMO CONSTRUCTION INC DEPOSIT REFUND -EN 06-536 001 23012 ADMIN FEE -EN 06-530 001 23012 12/14/2006 73631 DENNIS CAROL 12/14/2006 DENNIS CAROL PROF-SVCSCOMM 0015210 44000 PROF.SVCS-PLNG COMM 0015210 1 44000 12/14/2006 1 73632 IDFS FLOORING MHIN I -Uk3C; 001 TT 42210 12/14/2006 73633 DIAMOND BAR CHAMBER OF COMMERCE 12/14/2006 DIAMOND BAR CHAMBER OF COMMERCE 12/14/2006 -170.00 DIAMOND BAR CHAMBER OF COMMERCE 12/14/2006 12/14/2006 12/14/2006 12/14/2006 12/14/2006 12/14/2006 12/14/2006 131.43 $262.86 131.43 85.00 $6,465.00 -85.00 -170.00 255.00 -255.00 4,550.00 1,915.00 170.00 DIAMOND BAR INTERNATIONAL DELI 300.00$700.00 00142325 400.00 112.50 985.00 PQRF nn SVCS -OCT 06 0015240 45000 1,000 SVCS-NOV 06 0015240 45000 1,000 SVCS -DEC 06 0015240 45000 1.000. $3,000.00 73634 DIAMOND BAR INTERNATIONAL DELI DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014I 42325 90.00 $709.00 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 00142325 112.50 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 00142325 91.00 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES-PLNG COMM 00152340 53.00 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 00142325 112.50 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 00142325 150.00 MTG SUPPLIES -GENERAL 00142325 100.00 Page 17 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount i IL/ -141211116 35 (DIVERSIFIED PARATRANSIT INC� DIAMOND RIDE -11/16-11/30 11 55553 n5C! 1 12,215.28$1221528 12/14/2006 1 73636 JDMS CONSULTANTS CIVIL ENGINEERS INC CONSTRCTN-GRAND AVE 2505510 46411 23,416.00 $23,416.00 12/14/2006 73637 ENVIRONMENTAL CONSTRUCTION 12/14/2006 1 ENVIRONMENTAL CONSTRUCTION CONSTRCTN-SYC CYN PK 2505310 46415 241,456.00 $217,310.40 RETENTION PAYABLE-SYC CYN 250 20300 -24,145.60 12/14/2006 73638 EXECUTIVE PROMOTIONAL PRODUCTS INC PROMO ITEMS -PENS 0014095 41400 1,266.80 $1,266.80 12/14/200673639 F5 NETWORKS INC COMP MAINT-I.T. 0014070 42205 1,698.30 $1,698.30 12/14/2006 73640 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 64.64 12/14/2006 73641 WILLIAM GIEBE $ 64 CONTRACT CLASS -FALL I 0015350 45320 1,428.00 $1,428.00 12/14/2006 1 73642 IDEBBIE GONZALES REIMB-TUITION 0014030 42340 221.50 $221.50 12/14/2006 73643 GOVPARTNER 12/14/2006 GOVPARTNER REQUEST PARTNER-NOV O6 1185098 44030 00 $1,700.00 REQUEST PARTNER -DEC O6 1185098 44030 850850..00 12/14/2006 173644 lGRAFFITI CONTROL SYSTEMS lGRAFFITI REMOVAL SVCS-NOV 0015230 45520 6,300.00 $6,300.00 12/14/2006 73645 GRAPHICS UNITED PRINT SVCS-REC GUIDE 0014095 44000 8,196.00 $8,196.00 12/14/2006 73646 JEAN CLEMENS GUTIERREZ PK REFUND -HERITAGE 001 23002 200.00 12/14/2006 1 73647 IINLAND EMPIRE MAGAZINE $200.00 AD -BRIDAL FAIR DBC 0014095 42115 1,095.00 $1,095.00 12/14/2006 73648 INLAND ROUNDBALL OFFICIALS 12/14/2006 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -DEC 06 0015350 45300 320.00 OFFICIAL SVCS -DEC 06$440.00 0015350 45300 120.00 12/14/2006 73649 INLAND VALLEY DAILY BULLETIN 12/14/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-201 001 23010 195.60 $764'40 12/14/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-232 001 23010 201.60 12/14/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-213 001 23010 182.40 LEGAL AD -FPL 2006-208 001 23010 184.80 Page 18 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 ICheck Date I Check Number Vendor Name 12/14/2006 Transaction Description Fund/ Dept ACCT IF oust Total Check Amount 1 73650 1INLAND VALLEY HI IMANF cnri=ry I I I 12/14/2006 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -DEC 0014431 45403 8,500.67 ANIMAL CONTROL SVCS-JAN 0014431 45403 8,500.67 �:$�17,0001.34 12/14/2006 73651 JJ METRO HOMES 11 REFUND -GRADING BOND001 23001 7,840.80 $7,840.80 12/14/2006 73652 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -DEC 06 0014030 44000 3,000.00 $3,000.00 12/14/2006 73653 IK&V BLUEPRINT SERVICE INC. SUPPLIES -TONER 0015510 41200 $538.98 538.98 12/14/2006 73654 KEYSER MARSTON ASSOCIATES INC FISCAL IMPCT ANALYSIS-NOV 0015240 44000 8,178.75 $8,178.75 12/14/2006 73655 IGABRIELA KLEIN CONTRACT CLASS -FALL 0015350 45320 900.00 12/14/2006 73656 KNOTT'S BERRY FARM $900.00 12/14/2006 KNOTT'S BERRY FARM EXCURSION -DAY CAMP 0015350 45310 1,102.20 EXCURSION -SOAK CITY 0015350 45310 1,064.50 =$2,166.70 12/14/2006 1 73657 IL A COUNTY REGISTRAR RECORDER FILING FEE-PTHFNDR/57 FWY 0015240 46305 25.00 12/14/2006 1 73658 ILASERLOCK SPECIALTIES INC $25.00 EQ MAINT-LASER HOLSTER 0014411 42200 1 517.20 $517.20 12/14/2006 73659 LEAGUE OF CALIFORNIA CITIES 12/14/2006 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 40.00 $120.00 12/14/2006 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 40.00 ------------- LEAGUE MTG-CMGR 0014010 42325 40.00 12/14/2006 1 73660 ILIANA PINCHER T & T COMM -11/09 0015510 44100 $45.00 45.00 12/14/2006 73661 SHERI LIEBE CONTRACT CLASS -FALL 1 0015350 145320 $168.00 168.00 12/14/2006 73662 JIMMY LIN T & T COMM -11/09 0015510 44100 $45.00 45.00 12/14/2006 73663 LOS ANGELES COUNTY PUBLIC WORKS 12/14/2006 1 LOS ANGELES COUNTY PUBLIC WORKS TRAFFIC SIGNAL MAINT-OCT 0015554 45507 498.13 $1,440.38 INDUSTRIAL WASTE -OCT 06 0015510 45530 842,25 12/14/2006 73664 SURENDRA MEHTA 12/14/2006 MEHTA CONTRACT CONTRACT CLASS -FALL 0015350 45320 578.00 $844.50 CONTRACT CLASS -FALL 0015350 45320 266.50 12/14/2006 73665 IMOBILE RELAY ASSOCIATES INC REPEATER SVCS-OCT/NOV 06 0014440 42130 78 75 $78.75 Page 19 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date ICheck Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/14/2006 1 73666 IKENNETH MOK T & T COMM -11/09 - - -- • - � • •, wo. vu $45.00 12/14/2006 73667 MARIE MONTALES RECREATION REFUND 001 34730 113.00 $113.00 12/14/2006 73668 ICHRISSY MORGAN PK REFUND-PANTERA 001 23002 100.00 100.00 $ 12/14/200673639 IMUNI FINANCIAL PROF.SVCS-D/B LIBRARY 0014030 R44000 3,775.00 $3,775.00 12/14/2006 73670 KARLA NEAD RECREATION REFUND 001 34740 64.00 $64.00 12/14/2006 73671 GARY L NEELY CONSULTING SVCS -OCT 06 0015210 44210 1,620.00 $1,620.00 12/14/2006 73672 NEXTEL COMMUNICATIONS A/E CHRGS-P/W,C/S,C.D 0014090 42130 555.71 $555.71 12/14/2006 73673 NORRIS REPKE INC 12/14/2006 NORRIS REPKE INC ENGINEERING SVCS -SEPT 0015510 45221 11,351.50 $21,939.82 12/14/2006 NORRIS REPKE INC ENGINEERING SVCS -OCT 06 0015510 7,008.00 CONSTRCTN-SLURRY SEAL 2505510 1 R46414641 1 3,580.32 12/14/2006 73674 HEATHER NUQUES 12/14/2006 HEATHER NUQUES CONTRACT CLASS -FALL 0015350 45320 56.00 $336.00 CONTRACT CLASS -FALL 0015350 45320 280.00 12/14/2006 73675 JOAK TREE LANES INC CONTRACT CLASS -FALL 0015350 45320 72.00 $72.00 12/14/2006 73676 ORANGE COAST FENCING CONTRACT CLASS -FALL 0015350 45320 21.00 $21.00 12/14/2006 73677 ORIENTAL TRADING COMPANY INC SUPPLIES -TINY TOTS 0015350 41200 105.25 $105.25 12/14/2006 73678 ORKIN PEST CONTROL INC 12/14/2006 ORKIN PEST CONTROL INC GOPHER CONTRL-SYC CYN PK 0015340 42210 55.00 $110.00 GOPHER RL -DIST 38 1385538 42210 55.00 12/14/2006 73679 PANTAGES THEATRE ADULT EXCUSION-WICKED 0015350 45310 2,760.00 $2,760.00 12/14!2006 73680 ANNA PARK RECREATION REFUND 001 34740 128.00 $128.00 12/14/2006 73681 PERS RETIREMENT FUND 12/14/2006 PERS RETIREMENT FUND. SURVIVOR BENEFIT 001 21109 45.57 $21'829.42 RETIRE CONTRIB-ER 001 21109 Page 20 Page 21 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/14/2006 73681... PERS RETIREMENT Fl INn - - RETIRE CUN I RIB -EE 00121109 8,447.57 $21,829.42 12/14/2006 73682 PERS RETIREMENT FUND ... 12/14!2006 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 329.77 $546.65 12/1412006 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 208.88 SURVIVOR BENEFIT 001 21109 8.00 73683 PLAZA DIAMOND BAR PARTNERS LLC PLAZA DIAMOND BAR PARTNERS LLC ADMIN FEE -EN 06-545 -85.00 $245.00 M PLAZA DIAMOND BAR PARTNERS LLC PROF.SVCS-EN 06-545 500.00 PLAZA DIAMOND BAR PARTNERS LLC ADMIN FEE -EN 06 545 =001344PI.C;n -85.00 ADMIN FEE -EN 06-545 -85.00 12/14/2006 73684 JRBF CONSULTING DESIGN SVCS -GRAND AVE 0015240 R44000 1,180.00 $1,180.00 73685 REINBERGER PRINTWERKS =12/14/2006 REINBERGER PRINTWERKS PRINCS-DBC 0015333 42110— 6,101.95 $6,564.18 REINBERGER PRINTWERKS PRINCS-LETTERHEAD T7 0014090 42110 331.25 PRINCS-LABELS 0014090 42110 130.98 12/14/2006 73686 REPUBLIC ELECTRIC 12/14/2006 ELECTRIC TRAFFIC MAINT-D/B/H/VLLY 45507 3,781.29REPUBLIC $11,076.85 12/14!2006 REPUBLIC ELECTRIC TRAFFIC MAINT-D!B/F SPNGS :00:15554 554 45507 5,675.56 TRAFFIC MAINT-GRAND/G/SPG 554 45507 1,620.00 12/14/2006 73687 ILAURA RUIZ RECREATION REFUND F001 34740 164.00 $64.00 12/14/2006 73688 S C SIGNS &SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 154.80 $154.80 12/14/2006 1 73689 1FRANCIS SABADO CONTRACT CLASS -FALL 0015350 45320 654.00 $654.00 12/14/2006 1 73690 IJACK SHAH T & T COMM -11/09 0015510 44100 45.00 $45.00 12/14/2006 1 73691 ImillCHAEL SHAY T & T COMM -11/09 0015510 44100 45.00 $45.00 12/14/2006 1. 73692 JHUNG SHIH PK REFUND -R REAGAN 001 23002 75.00 12/14/2006 73693 ADVERTISING INC $75.00 12/14/2006 ISIMPSON SIMPSON ADVERTISING INC DESIGN SVCS-TRFFC BRCHR 0014095 44000 2,715.00 $4,360.79 DESIGN SVCS -AD DBC 0014095 44000 1,645.79 12/14/2006 73694 ISARA SOMOGYI REIMB TUI T ION0014060 42341 $1,225.99 1 225 99 Page 21 Page 22 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount -i L/14/LUU6 73695 SOUTHERN CALIFORNIA EDISON 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 250.30 $7'288'58 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 129.16 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 5,872.26 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 27,75 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 368.62 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 39 1395539 42126 228.03 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 22.28 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 33.06 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 75.28 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 33.71 12/14/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 92.06 ELECT SVCS -TRAFFIC CONTRL 0015510 42126 156.07 STANDARD INSURNCE OF OREGON =STANDARD INSURNCE OF OREGON DEC O6 -LIFE INS PREMS 0015510 40090=4,487.95 STANDARD INSURNCE OF OREGON DEC O6 -LIFE INS PREMS 001 21106 DEC 06-STD/LTD 001 21112 12/14/2006 73697 ISTUBBIES PROMOTIONS PROMO ITEMS -PENS 0014095 41400 994.40 $994.40 12/14/2006 73698 THE SAN GABRIEL VALLEY NEWSPAPER GR 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-200 001 23010 241.12 $2,359.02 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-230 001 23010 212,92 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-231 001 23010 212.92 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-165 001 23010 289.06 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2005-168 001 23010 23 8.30 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CDBG APPL 1255215 44000 238.30 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-233 001 23010 202.58 12/14/2006 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-189 001 23010 317.26 LEGAL AD -FPL 2005-147 001 23010 406.56 12/14/2006 73699 ITRAFFIC CONTROL SUPERVISORS ASSN MEMBERSHIP DUES -J GARCIA 0015510 42315 25.00 12/14/2006 73700 VANTAGEPOINT TRNSFR AGNTS-303248 $25.00 12/15/06-P/R DEDUCTIONS 001 21108 4,744.95 $4,744.95 2/14/2006 F12/14/2006 73701�VERIIMZONCALIFORNIA LIFORNIA ERITAGE PK EPH-SVCS-FIERITAGEPK 0015340 42125 24.50 $778'28 0015340 42125 43.21 Page 22 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name :1 Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/14/2006 73701... VERIZON CALIMPIJIe 12!14/2006 I IVERIZON CALIFORNIA PH.NVCS-INFO TO GO I 0014090 I 42125 110.01 $778'28 PHSVCS GENERAL 0014090 42125 1 "" 12/14/2006 73702 WALNUT VALLEY UNIFIED SCHOOL DIST 12/1412006 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-NOV O6 0015350 42140 280.00 $1,420.00 FACILITY RENTAL-NOV O6 0015350 42140 1,140.00 73703 WALNUT VALLEY WATER DISTRICT F VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 10,207.87 $35,279.91WALNUT WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 239.68 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 15,294.02 12/14/2006 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 4,542.65 12/14/2006 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 4,782.89 12/14/2006 WALNUT VALLEY WATER DISTRICT ANNL RENT-EASTGATE COMM 0014440 42126 150.00 ELECT SVCS-EASTGATE COMM 0014440 42126 62.80 12/14/2006 73704 ILE HONG WANG CONTRACT CLASS -FALL 0015350 J-1 11 45320 126.00 $126.00 12!14/2006 73705 IECKE 12/14/2006 IECKE TION SVCS-G/S/PROSP 2505510 R46412185 $4,348.00 12/14/2006 IECKE FWARREN TION SVCS-D/B/S CYN 2505510 R46412 12/14/2006 IECKE TION SVCS-D/B/M.LRL 2505510 R46412 12/14/2006 IECKE TION SVCS-D/B/H/VLY 2505510 R46412 12/14/2006 WARREN SIECKE SVCS 57 RAMP TENG 2505510 R46412 12/1412006 WARREN SIECKE CS-D/B/C/SPNGS 2505510 R46412 12/14/2006 WARREN SIECKE TION SVCS-B/CYN 2505510 R46412 12/14/2006 WARREN SIECKE CS-PTHFNDR/P/HLLS 2505510 R46412 12/14/2006 WARREN SIECKE CS-D/B/MAPLE HILL 2505510 R46412 CS-D/B/S/S XING 2505510 R46412 12/14/2T673706 WELLS FARGO BANK FARGO BANK SUPPLIES -COMM SVCS12/14/2WELLS 0015350 41200 15.14 $695.1SUPPLIES-COMM 12/14/2WELLS FARGO BANK SVCS0015350 41200 56.43 WELLS FARGO BANK SUPPLIES -SR PROGRAM12/14/2 0015350 41200 120.28 12/14/2WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 67.13 12!14/2006 WELLS FARGO BANK MTG SUPPLIES-SCMAF 0015350 41200 20.00 12/14/2006 WELLS FARGO BANK SUPPLIES -CRAFT FAIR 0015350 41200 235.49 12/14/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 5.38 12/14/2006 WELLS FARGO BANK SEMINAR -MARY NG 0015350 42340 99.00 SUPPLIES -COMM SVCS 0015350 41200 76,27 Page 23 City of Diamond Bar - Check Register 12/14/2006 thru 01/10/2007 Check Date Check Number Vendor Name Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 12/14/2006 I 73707 (WEST COAST MEDIA AD -WINTER SNOW FEST 00140 525.00 $525.00 12/14/2006 73708 KEVIN WONG RECREATION REFUND 001 34740 80.00 $80.00 12/14/2006 73709 PAUL WRIGHT AIV SVCS-P/C,CC, T/D 0014090 44000 1 402.50 $402.50 12/14/2006 73710 HELEN WU RECREATION REFUND 001 34740 64.00 $64.00 12/14/2006 73711 JY I C TKD REFUND -FPL 2006-225 001 23010 359.31$359.31 11/30/2006 W/R #015 JUNION BANK OF CALIFORNIA NA DEC -DBC LEASE CAC c rAr iwEry i 0014090 42140 59,434.66 $59,434.66 $1,396,218.38 Page 24 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man ge --y TITLE: Treasurer's Statement — November, 2006 RECOMMENDATION: Approve the Treasurer's Statement of November 2006 FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6 _ -3 Meeting Date: Jan. 16, 2007 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 November 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. REVIEW BY: Linda G. Magnuson, Finance Director Departm t Head Attachments: Treasurer's Statement, Investment Portfolio Report (W Assistant City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 30, 2006 James DeStefano, Ireasurer BEGINNING BALANCE RECEIPTS DISBURSEMENTS TRN SFERS ENDING GENERAL FUND $26,641,492.34 BALANCE LIBRARY SERVICES FUND 1,382,893.81 0.00 $1,791,349.07 ($59,434.66) $26,173,602.42 COMMUNITY ORG SUPPORT FD 1,367.32 0.00 GAS TAX FUND TRANSIT TX (PROP A) FD 572,040.68 93,644.97 150.00 1,217.32 TRANSIT TX (PROP C) FD 1,008,296.08 151,135.32 1,610,104.60 49,625.36 665,685.65 1,109,806.04 ISTEA Fund 81,509.68 INTEGRATED WASTE MGT FD 0.00 1,691,614.28 459 AB2928-TR CONGESTION RELIEF FD ,301.08 54,982.23 672,981.49 23,307.92 0.00 490,975.39 AIR QUALITY IMPRVMNT FD TRAILS & BIKEWAYS FD 72,453.47 3,798.22 679,981.49 PARK FEES FD (149,497.00)68,655.25 PROP A - SAFE PARKS ACT FUND 19,575.00 87,000.00 (149,497.00) PARK & FACILITIES DEVEL. FD (2,016.41) 106,575.00 COM DEV BLOCK GRANT FD 1,957,652.83 (2,016.41) CITIZENS OPT -PUBLIC SAFETY FD (58,946.68) 290,732.42 26,038.83 1,957,652.83 (84,682.51 (84,985.51) NARCOTICS ASSET SEIZURE FD CA LAW ENFORCEMENT EQUIP PRGI 331,108.02 50.00 7,909.56 42 LANDSCAPE DIST #38 FD 75,088.20 323,198.46 LANDSCAPE DIST #39 FD (32,244.64) 2,901.33 26,11989 75,088.20 LANDSCAPE DIST #41 FD 56,953.71 1,163.84 49,112.46 20,261.36 (55,463.20) 37,796.19 GRAND AV CONST FUND 763.71 0:00 15,662.67 34,213.50 CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND (1'424'225'74) 119,424.10 415,820.40 0.00 EQUIPMENT REPLACEMENT FUND 1,355,403.61 164, 732.61 (1,720,622.04) 1,355,403.44 COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUNI 91,724.13 164,732.61 TOTALS 88,738.21 $33,858,927.62 327'04 $1 975 686.03 40,021.91 $2,420 115.19 91,724.13 59,434.66 108,478.00 SUMMARY OF CASH: $0.00 $33,414 498.46 DEMAND DEPOSITS: GENERAL ACCOUNT PAYROLL ACCOUNT ($427,663.49) CHANGE FUND 126,677.30 PETTY CASH ACCOUNT 250.00 1,000.00 TOTAL DEMAND DEPOSITS INVESTMENTS: ($299,736.19) US TREASURY Money Market Acct. $656,393.63 LOCAL AGENCY INVESTMENT FD 24,949,363.02 FED HOME LOAN BANK NOTES 81000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD 108,478.00 (Bond Proceeds Account) 0.00 TOTAL INVESTMENTS $33,714,234.65 TOTAL CASH _$33,414 498.46 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment accounts set up. The regular account's funds are available for withdrawal within 24 hours. Fund. There are two LAIF account's withdrawals require 30 days notice. In addition, the City has started investing The LAIF Bond Proceeds These investments are detailed on the attached Investment Report. in longer term investments. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The ab�lve Um( l�ihrt--, provides sufficient cash flow liquidity to meet the next six month's estimate a nd James DeStefano, Ireasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of November 2006 I Institution Investment Type Rating Purchase Maturity Date Date Term State of California Local Agency Inv Fund Wells Fargo Bank US Treasury Money Market Union Bank -(Fiscal Agent) US Treasury Money Market Union Bank -(Fiscal Agent) Local Agency Inv Fund AAA AAA AAA AAA 5.120% 5.120% Wells Fargo Inst Securities Federal Home Loan Note Wells Fargo Inst Securities Federal Home Loan Note Wells Fargo Inst Securities Federal Home Loan Note Wells Fargo Inst Securities Federal Home Loan Note Wells Fargo Inst Securities Federal Farm Credit Note Wells Fargo Inst Securities Federal Home Loan Note Wells Fargo Inst Securities Federal Home Loan Note Wells Fargo Inst Securities Federal Home Loan Note Wells Fargo Inst Securities Federal Home Loan Note AAA AAA AAA AAA AAA AAA AAA AAA AAA 08/01/06 10/24/06 Called 10/20/05 04/20/07 1.5 Yr 11/09/05 05/09/07 1.5 Yrs 09/28/05 09/28/07 2.0 Yrs 09/27/05 03/27/08 2.5 Yrs 09/12/06 09/12/08 2.0 Yrs 11/06/06 11/06/08 2.0 Yrs 11/07/06 05/07/09 2.5 Yrs 11/14/06 08/14/09 2.75 Yrs Totals for month Less Investments matured during the month Total Investments at 11/30/06 2005-06 Actual Interest Income 2006-07 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Monthly Current Month Amount Fair Market Interest Interest At Cost Value Ar-rrn iori :.._ 24,949,363.02 24,932,781.72 106,554.57 656,393.63 656,393.63 _ 108,478.00 108,478.00 1, 000,000.00 1,000,000.00 1,000,000.00 11000,000.00 11000,000.00 1,000, 000.00 1, 000, 000.00 1,000,000.00 1,000, 000.00 995,100.00 995,100.00 996, 500.00 992,500.00 992,500.00 999, 800.00 999, 900.00 995,500.00 999, 300.00 4,650.00 3,541.67 3,833.33 3,625.00 3,783.33 4,583.33 4,583.33 4,550.00 4,591.67 VXaLc rtela - 5.125% 5.125% 2,757.76 4.498% 4.498% 343.89 5.120% 5.120% - 0.000% 0.000% 13,500.00 5.580% 5.580% - 4.250% 4.250% 23,000.00 4.600% 4.600% - 4.350% 4.350% 4.540% 4.540% 5.500% 5.500% 5.500% 5.500% 5.460% 5.460% 5.510% 5.510% $ 34,714,234.65 $ 34,663,853.35 $ 130,571.24 $ 39,601.65 (1100,1000 00) $ 33,714,234.65 $1,307,302.01 $851,500.00 $454,435.22 53.369% Agenda # 6 .4 Meeting Date: January 16, 2007 CITYC �,, , , y ��� OUNCIL -'� AGENDA REPORT TO: Honorable Mayor and Members Ife City Council VIA: James DeStefano, City Mana erTITLE: Rejection of Claim — Filed by Isidrchoa — December 12, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Isidro Ochoa. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $430,000. Should the claim be successful, paid by the it will be JPIA. BACKGROUND: On December 12, 2006, the Law Offices of Sandra M. Castro on behalf of Isidro Ochoa filed a Claim for Damages with the City alleging that while traveling on the Eastbound 60 Fwy near the 57 Fwy. Mr Ochoa received both damage to his automobile and person, alleging that it was due to unsafe conditions. Since the City of Diamond Bar does not have jurisdiction on the freeway, Carl Warren & Co., the City's Risk Management Service, has recommended the City deny the Claim filed by Mr. Ochoa. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: e an f-- Asst. City ager EA FcF December 22, 2006 F 10zk- TO: The City of Diamond Bar ATTENTION: Tommye Cribbins, City Clerk RE: Claim Ochoa vs. The City of Diamond Bar Claimant Isidro Ochoa D/Event 7/31/2006 Recd Y/Office 12/12/2006 Our File S-1443045-RWQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, WARREN & COMPANY G D. Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & Co. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Bos 25180 Sana Ana, Ca 92799-5180 Phone: (714) 572-5200 • (800) 572-6900 • Fax: (714) 961-8131 ,Agenda # 6.5 Meeting Date: 1/16/07 CITY C,DUNCIL";f._ �:ir . = AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: ACCEPTANCE OF WORK PERFO MED BY ZUSSER COMPANY, INC. FOR THE CONSTRUCTION OF SLOPE REPAIRS AT DIAMOND BAR CENTER; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. RECOMMENDATION: Accept the work performed by Zusser Co. Inc.; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention. FINANCIAL IMPACT: Grant funds are available for the $3,734.96 increase in contract amount for CS Legacy Construction within the appropriation authorized by the City Council for this project. Project Costs: Construction Contractor $ 267,010.00 Design $ 34,910.00 Plans & Specs Photocopies $ 504.88 Inspection, Plan Check & $ 12,682.50 Geotechnical Services TOTAL $ 315,107.38 Project Budget: $ 339,910.00 BACKGROUND: The City Council awarded a contract to Zusser on September 19, 2006 in the amount of $267,010 to construct repairs to the slopes at the Diamond Bar Center. The work was substantially completed on January 9, 2007 and is now ready to be accepted. DISCUSSION: The work completed by Zusser consisted of slope repairs at three locations at the Diamond Bar Center, including repair of the irrigation system and planting of trees and shrubs in the slope repair areas. The work also included erosion control matting that will remain in place for at least the next year. The work was inspected continuously during the construction process to ensure all work conformed to the plans and specifications. Both Group Delta and Arroyo have reviewed the completed project and both recommend the filing of the Notice of Completion. PREPARED /kND REVIEWED BY: Bob FZose7 Director of Community Services Attachment: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL_ TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR CA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (If other than fee, strike "In fee" and insert, for example, `purchaser under contract of purchase," or `lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on January 9, 2007 The work done was: Slope Repairs at Diamond Bar Center 7. The name of the contractor, if any, for such work of improvement was — Zusser Company. Inc. 9/19/06 (If no contractor for work of improvement as a whole, inset "time') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows Diamond Bar Center, 1600 S Grand Avenue Diamond Bar CA 91765 9. The street address of said property is 1600 S. Grand Avenue, Diamond Bar, CA 91765 _ (If no street address has been officially assigned, insert `gone') CITY OF DIAMOND BAR Dated: verification for Individual Owner Signature Of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the City Manaeer the declarant of the foregoing ("resident of', "Manager of; "`.4 partner of," "Owner of:' etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is tame and correct. Executed on January 16 20 07 , at Diamond Bar , California. (Date ofsignature) (City where signed) (Personal signature of the individual who is swearing that the ... tents of thenotice ofcornpletion are true) CITY COUNCIL Agenda # 6 , 6 Meeting Date: January 16, 2007 AGENDA REPORT TO: Honorable Mayor and Member VeCity Council VIA: James DeStefano, City Man TITLE: A RESOLUTION BY THE CITY CF THE CITY OF DIAMOND BAR CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS RECOMMENDATION: Adopt the Resolution. FISCAL IMPACT: There is no fiscal impact on the City of Diamond Bar. BACKGROUND / DISCUSSION: At the discretion of the Mayor, Council Members are appointed to represent the City on the boards of various outside agencies. At the December 19, 2006 City Council Meeting, Mayor Tye designated Council Member Carol Herrera as delegate and himself as alternate delegate to the San Gabriel Valley Council of Governments (SGVCOG). According to the bylaws of the SGVCOG, a resolution must be approved to formalize the new appointments. Resolution 2007 -XX is attached, confirming the appointments. Prepared by: Rya clean, Senior Management Analyst Attachments 1. Resolution No. 2007 -XX, Confirming the Appointment of Specific Representatives to the San Gabriel Valley Council of Governments. RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR CITY COUNCIL CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS A. RECITALS. WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments Joint Powers Agreement; and WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments requires each member city to appoint a Delegate Governing Board Representative and an Alternate Governing Board Representative to represent the City in conducting the affairs of the San Gabriel Valley Council of Governments; and WHEREAS, Council Member Carol Herrera is a current officer of the San Gabriel Valley Council of Governments and is automatically designated as the "delegate" from the City in accordance with the San Gabriel Valley Council of Governments bylaws; and WHEREAS, Mayor Steve Tye has designated himself as the San Gabriel Valley Council of Governments "alternate delegate" from the City of Diamond Bar. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Diamond Bar appoints Council Member Carol Herrera to serve as the City of Diamond Bar's delegate to the Governing Board of the San Gabriel Valley Council of Governments. SECTION 2. That the City Council of the City of Diamond Bar appoints Mayor Steve Tye to serve as the City of Diamond Bar's alternate delegate to the Governing Board of the San Gabriel Valley Council of Governments. SECTION 3. That the individuals designated in this resolution shall serve until replaced by resolution or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San Gabriel Valley Council of Governments. SECTION 4. That the City Clerk shall certify the adoption of this resolution. SECTION 5. That a certified copy of the resolution be circulated to the San Gabriel Valley Council of Governments. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JANUARY 2007. Steve Tye, 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 16th day of January, 2007, 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 Agenda # 6 . 7 Meeting Date :January 16. 2007 CITY COUNCIL _ F,AGENDA REPORT TO: Honorable Mayor and Members f the City Council VIA: James DeStefano, City Ma a TITLE: AWARD OF PROFESSIONAL NGINEERING SERVICES CONTRACT TO KATZ, OKITSU & ASSOCIATES FOR DESIGN OF TRAFFIC CALMING MEASURES ALONG SUNSET CROSSING ROAD BETWEEN DIAMOND BAR BOULEVARD AND PROSPECTORS ROAD AND ON PROSPECTORS ROAD BETWEEN SUNSET CROSSING ROAD AND GOLDEN SPRINGS DRIVE IN THE AMOUNT OF $57,600, PLUS A CONTINGENCY AMOUNT OF $10,000 FOR A TOTAL AUTHORIZATION OF $67,600. RECOMMENDATION: Award Contract. FINANCIAL IMPACT: For Fiscal Year 2006-2007, a budget amount of $250,000 was allocated and approved by the City Council for the design and construction of the subject improvements. The project has been programmed by Caltrans under the Hazard Elimination (HES) Fund in the grant amount of $220,000. The City is funding the remaining balance from the General Fund as part of its local match commitment in the amount of $30,000. BACKGROUND/DISCUSSION: The project is located in the northwest area of the City which currently receives a significant amount of "cut -through" traffic from commuters attempting to avoid congestion at the State Route (SR) 57/60 Interchange. Due to the significant traffic levels on Sunset Crossing Road and Prospectors Road, protection of pedestrian and driver safety is a concern. After consultation with our traffic engineering consultants, it has been recommended that traffic calming mitigation (i.e. speed humps, striping, signage, and other calming devices) can be used in this area. In order to satisfy HES fund guidelines, a Request for Proposals was issued in November 2006 to initiate the process of selecting a qualified engineering consultant to prepare the design plans and specifications. On December 4, 2006, three (3) engineering consulting firms submitted proposals and costs estimates as indicated below: Advantec $42,010 Fehr & Peers $70,650 Katz, Okitsu & Associates $57,600 The proposals were reviewed and evaluated by the selection committee. Katz, Okitsu was selected because of their demonstrated experience with similar projects in the City of Diamond Bar. Katz, Okitsu has been involved with the City's Neighborhood Traffic Management Program (NTMP) since 2004 and they have successfully engaged our communities in working towards a consensus solution to address the speeding and "cut - through" traffic within Diamond Bar. Selection of Katz, Okitsu will allow the City to maintain consistency with the groundwork that has already been established under the NTMP. Katz, Okitsu's proposed scope of work is comprehensive and they have a track record of implementing traffic calming programs and designs with several cities throughout Los Angeles County. As part of their scope of work, Katz, Okitsu will be conducting two (2) public workshops to solicit community input during this process. The tentative project schedule is as follows: Traffic Calming Plan Development Plans and Specifications Complete Construction Contract Award Construction Complete PREPARED BY: Rick Yee, Senior Engineer REVIEWED BY: David Wiu,Dirprtnr of Public Works April 2007 June 2007 September 2007 November 2007 Date Prepared: January 7, 2007 Attachments: Consultant Services Agreement 2 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of January 16 2007 by and between the City of Diamond Bar, a municipal corporation ("City") and Katz. Okitsu & Associates , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated November 14, 2006. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated January 10, 2007 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect January 16. 2007, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Com: James DeStefano, City Manager Consultant: Rock Miller, PE City of Diamond Bar Katz, Okitsu & Associates 21825 Copley Drive 17852 E. 17th St, Ste 102 Diamond Bar, CA 91765-4178 Tustin, CA 92780-2142 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard' of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. F=urthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 01/10/2007 16:54 01/19/2007 16:45 7145739534 9098613117 KATZ, OKITSU & ASSOC CITY OF DIAMNOD BAR PAGE 02 PAGE 02/02 21. Notices, Any notices, bills, invoices, or reports required by this Agreement shall be deemed recelved on (a) the day of delivery If delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing i,aw. This Contract shat) be interpreted, construed and enforced in accordance with the laWs of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or writtdn negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. Ali exhibits referred to in this Agreement are incorporated herein by this reference. IN WiTNESS WHEREOF, the parties have executed this Agreement as of the date first written above. J L}I ATTEST: By: Tommye Cribbins, City Clark Approved as to form, By: City Attorney "C:ONSUI..TANTO Bir -- CITY OF DIAMOND BAR M Steve Tye, Mayor Agenda # 6 . 8 Meeting Date :January 16. 2007 TO: Honorable Mayor and Memb f the City Council VIA: James DeStefano, City Ma a e TITLE: NOTICE OF COMPLETION FO MODIFICATION OF TRAFFIC SIGNALS AT DIAMOND BAR BOULEVAR /NORTHBOUND SR -57 FWY ON-RAMP, DIAMOND BAR BOULEVARD/SUNSET CROSSING ROAD, AND DIAMOND BAR BOULEVARD/COLD SPRING LANE, AND INSTALLATION OF NEW TRAFFIC SIGNALS AT PATHFINDER ROAD/PEACEFUL HILLS ROAD AND DIAMOND BAR BOULEVARD/MAPLE HILL ROAD. RECOMMENDATION: File a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUND: The City Council awarded a construction contract to Macadee Electrical on May 3, 2005, in an amount not to exceed $570,972.00 with a contingency amount of $57,000.00, for a total authorization amount of $627,972.00. The City authorized the Notice to Proceed for the Project on May 27, 2005. DISCUSSION: The work extended beyond the original contract duration due to delays in the delivery of incorrect equipment and extensive lead time on the delivery of illuminated street name signs. Macadee Electrical has completed all work in accordance with the plans and specifications approved by the City. Final Construction Cost of the project is $598,577.00. PREPARED BY: Rick Yee, Senior Engineer REVIEWED BY: / id 1'_iu, Director of Public Works Attachments: Notice of Completion Date Prepared: January 2, 2007 CITY COUNCIL Agenda # 6 . g Meeting Date: Janualy 16, 2007 AGENDA REPORT TO: Honorable Mayor and Members of he City Council VIA: James DeStefano, City Mana e TITLE: APPROVE A CONTRACT AME DMENT WITH WARREN C. SIECKE TRANSPORTATION AND TRAFFIC ENGINEERING FOR THE DESIGN OF TRAFFIC SIGNAL INTERCONNECT AT VARIOUS LOCATIONS IN THE AMOUNT OF $34,000 PLUS A CONTINGENCY AMOUNT OF $3,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $37,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: For Fiscal Year 2006-2007, a budget of $500,000 was allocated and approved by the City Council for design and construction of traffic signal interconnect at various locations throughout the City. The design scope of work fee for these interconnect segments will require 634,000 of this amount. BACKGROUND/DISCUSSION: In 2005, an assessment was conducted as part of the Pomona Valley Intelligent Transportation Project (PVITS) effort led by the Los Angeles County Department of Public Works. The assessment provided an inventory of the size and location of existing traffic signal interconnect throughout the City of Diamond Bar. As identified below, several key interconnect segments of the City's arterial network of traffic signals were found to be either deficient in size or have yet to be constructed: STREET LIMITS Diamond Bar Boulevard Brea Canyon Road — Cold Spring Lane Diamond Bar Boulevard Golden Springs Drive — Shopping Center Drive (Kmart) Diamond Bar Boulevard Eastbound SR 60 — Westbound SR 60 Brea Canyon Road Silver Bullet Drive — Diamond Bar Boulevard Brea Canyon Road Golden Springs Drive — Lycoming Street Breva Canyon Road Lycoming Street —Washington Avenue Brea Canyon Cutoff Oak Crest Drive — Brea Canyon Road Bridge Gate Drive 1600 Bridge Gate Drive — Gateway Center Drive Copley Drive City Hall — Golden Springs Drive STREET LIMITS Gateway Center Drive Bridge Gate Drive — Valley Vista Drive Gateway Center Drive Valley Vista Drive — Golden Springs Drive Golden Springs Drive SR 60 Ramps — Brea Canyon Road Golden Springs Drive Adel Avenue — Copley Drive Golden Springs Drive Grand Avenue — Golden Prados Drive Golden Springs Drive High Knob Road — Temple Avenue/Avenida Rancheros Grand Avenue Summitridge Drive — Longview Drive Pathfinder Road Southbound SR 57 — Brea Canyon Road/Fernhollow Road Temple Avenue Diamond Bar Boulevard — Golden Springs Drive Signal interconnect is necessary to enhance efficiency of signal operations so that the timing plans along major arterials share a common time reference. Warren Siecke Transportation and Traffic Engineering has significant knowledge and expertise in the preparation of traffic signal interconnect design plans. The firm has relevant experience in the preparation of previous design plans for the City's interconnect network and they have demonstrated a strong understanding of the constraints that exist with the City's interconnect infrastructure. PREPARED BY: Rick Yee, Senior Engineer REVIEWED B /Z / Da 'd G. iu, Director of Public Works Date Prepared: January 8, 2007 Attachments: Amendment to the Consulting Services Agreement 2 AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 1 is made and entered into this 16th day of January 2007, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Warren Siecke Transportation & Traffic Engineering (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide engineering services for the design of traffic signal interconnect at various locations. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated January 7, 2007„ for the traffic engineering services to design the traffic signal interconnect at various I'ocations throughout the City. follows: Section 2: 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 "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Agreement shall not exceed ($34,000.00) dollars." 01/11/07 08:18 FAX Z002 • - ' --CITY 0r DIAMNOD BAR PAGE 03/0: 01/11/2007 09:03 9098613117 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By;- City y _C',ity Attorney ATTEST: CITY OF DIAMOND BAR Tornmye Cribbins, City Clerk DATE: — CONSULTANT: WARREN C. SIECKE Warren C. Siecke, P.E. .fames DeStefano, City Manager 2 Agenda # 6.10 Meeting Date: danuaa 16, 2007 CITY COUNCIL �� w AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: AWARD A THREE-YEAR DESIGIO AND CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR RESIDENTIAL AREAS AND ARTERIAL ZONES SLURRY SEAL/CAPE SEAL PROJECT TO NORRIS-REPKE AND APPROVE A CONTRACT AMOUNT OF $74,380 WITH A CONTINGENCY AMOUNT OF $7,500.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $81,880.00 IN FISCAL YEAR 2006-2007. RECOMMENDATION: Award. FINANCIAL IMPACT: The FY 2006-2007 Budget allocated a total of $750,000 for the Residential Area 3 Slurry Seal/Overlay Project and a total of $300,000 for the Arterial Zone 1 Slurry Seal Project. A total of $81,880.00 is required from this year's budget to implement the slurry seal/overlay project. $78,036.00 and 81,913.00 will be required in FY 2007-2008 and FY 2008-•2009, respectively. The total three year fee is outlined in their fee schedule which is included in the consulting services contract. The total design services fee for three years shall not exceed $76,669.00 and the total construction administration services fee for three years shall not exceed $157,660.00. BACKGROUND: The Public Works Department requested five engineering consulting firms to submit proposals; for professional engineering services. On November 17, 2006, three (3) proposals were received. These proposals were reviewed and evaluated based on 1) general responsiveness to the City's request for proposal (RFP), 2) staff and firm qualifications, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. The following are the three (3) firms that submitted proposals with their proposed fees: Consultant Desi n Construction Administration Total Zone 1 o n ) DMS $20,650.00 $27,775.00 $48,380.00 Norris -Re ke $24,320.00 $50,060.00 $74,380.00 AAE, Inc. $43,904.00 $38,787.00 $82,690.00 DISCUSSION: As part of the pavement management system, updated in May 2005, the City is continuing with the third year of the 7 -year annual residential slurry seal program. (Attachment A) The centerline mileage of residential area 3 is approximately 15.8 miles. In addition to the annual residential roadway maintenance, the City has incorporated an annual arterial preventative maintenance program in the form of a slurry seal/overlay project for all arterial roadways throughout the City. This type or preventative maintenance program will extend the pavement life of the roadway by sealing cracks that occur in the pavement often leading to potential subgrade problems further clown the road. This year will launch the first year for the arterial roadway slurry program with zone 1. The centerline mileage of arterial zone 1 is approximately 4.82 miles and includes Diamond Bar Blvd. from Avenida Rancheros to Grand Ave., Chino Hills Parkway and Avenida Rancheros within the City boundaries (Attachment B). In consideration of the six criteria mentioned above, staff concurred that the best firm for this project is Norris-Repke. Norris-Repke demonstrated the importance of public relations, with the community and best understood the City's needs and expectations. Attached is the Consulting Services Agreement with the firm's scope of services and fee schedules incorporated. The Consulting Services Agreement will be in effect over a period of three years and will incorporate the services of Norris-Repke for residential areas 3-5 and arterial zones 1-3. The project schedule for this year's slurry seal/overlay project is tentatively set as follows: Award of Contract January 16, 2007 Notice to Proceed with Design January 29, 2007 Approval of Plans and Specifications/ Authorize; Advertisement April 16, 2007 Bid Opening May 8, 2007 Award of Construction Contract of May 15, 2007 Notice to Proceed with Construction May 28, 2007 Completion of Construction August 31, 2007 PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: January 9, 2007 REVIE' a David (3. w, Director of Public Works Attachments: Attachment A -Residential Slurry Area Map Attachment B -Arterial Slurry Zone Map Attachment C -Consulting Services Agreement Citywide Residential Slurry Seal Program ATTAC14MENT A TOTAL 103.4 SECTION FISCAL AREA MILEAGE YEAR 1 17.6 04-05 2 15.8 05-06 3 15.8 06-07 ® 4 14.0 07-08 ® 5 12.2 08-09 6 10.8 09-10 7 17.2 10-11 TOTAL 103.4 Citywide Arterial Slurry Seal Program ATTAcHmEw a DIAMOND BAR ZONE SECTION FISCAL MILEAGE YEAR 4.82 06-07 2 3.86 07-08 3 5.21 08-09 4 3.07 09-10 6 3.05 10-11 6 2.8 11-12 7 1.88 12-13 TOTAL 24.69 ATYAONc-r4Y G CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of January 16, 2007 by and between the City of Diamond Bar, a municipal corporation ("City") and Norris-Repke , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to proviide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated October 20, 2006. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated November 17. 2006 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect January 16. 2007, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Consultant: Kamran Saber, RE Norris-Repke 400 N. Tustin Ave., Suite 230 Santa Ana, CA 92705 714-973-2230 Ext. 112 714-973-2263 FAX x 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees Ito reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this; section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire: any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses, as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye A. Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: written negotiations, representations or agreements. This Agreement may not be arnended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. IVY ATTEST: CITY OF DIAMOND BAR By: By: Tommye A. Cribbins, City Clerk Steve Tye, Mayor Approved as to form: City Attorney "CONSULTT" i By: Its: Agenda # Meeting Date: January 16. 2007 CITY ("J0UNCIL TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: AWARD OF DESIGN AND CONS RUCTION ADMINISTRATION SERVICES FOR THE 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO AAE, INCORPORATED IN THE AMOUNT OF $29,938.00, AND AUTHORIZE A CONTINGENCY AMOUNT OF $3,000.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $32,938.00. RECOMMENDATION: Award. FINANCIAL IMPACT: Fiscal Year 2006-2007 Budget includes an allocation of $201,258 of Community Development Block Grant (CDBG) funds for the Curb Ramp Installation Project within an approximate '/2 mile radius of Walnut Elementary School, Diamond Point Elementary School and Golden Springs Elementary School. BACKGROUND: Several areas within an approximate % mile radius of Walnut Elementary School, Diamond Point Elementary School and Golden Springs Elementary School are in need of constructing or upgrading approximately 70 curb ramps. The majority of the 70 locations identified are currently without curb ramps while the few locations where curb ramps have been previously installed will need to be removed and replaced to meet current ADA guidelines. DISCUSSION: In November of 2006, the Public Works Department requested six engineering consulting firms to submit proposals for professional engineering services. The request included preparation of plans, specifications and estimates, construction administration/inspection, and construction staking services. A total of five (5) proposals were received on December 12, 2006. The table below show the five consulting firms proposed fees. Consultant Total AAE, Inc. $29,938.00 APD $29,965.00 DMS $49,545.00 Hall & Foreman, Inc. $55,072.50 Norris-Repke $84,800.00 The five proposals were reviewed and evaluated by the selection committee. Staff unanimously concluded that AAE, Incorporated best understood the City's needs and was the most qualified consultant because of their design approach, public relations views, knowledge of local conditions and CDC Federal Requirements. AAE, Inc.'s scope of work includes: • Research of City, County and Utility company records • Prepare project plans • Locate all existing utilities • Prepare project specifications and cost estimates • Survey and Construction Staking • Serve as general liaison and coordinator among Contractor, Subcontractors, Utility Companies and City Staff • Provide all inspection services and daily reports • Review all contractor submittals and invoices prior to City Engineer review and approval • Develop any "Punch List" items • Submit final acceptance report to the City upon Completion of the project The tentative schedule of this project is as follows: Design, Specifications and Estimate Complete March 2007 Contract Award April 2007 Construction Completion June 2007 PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: January 9, 2007 REVIE _ BY: David G. iu, Director of Public Works Attachments: Consulting Services Agreement 2 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of January 16, 2007 by and between the City of Diamond Bar, a municipal corporation ("City") and AAE, Incorporated, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated November 16, 2006. E3. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, -THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated December 12, 2006 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2.. Term of Agreement. This Contract shall take effect January 16, 2007, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager Consultant: John Oskoui, P.E. City of Diamond Bar AAE, Incorporated 21825 Copley Drive 601 Valencia Ave., Suite 250 Diamond Bar, CA 91765-4178 Brea, CA 92823 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. T Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form 4 comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense„ all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 0 B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. D. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Consultant's non-compliance with the equal opportunity clauses of the Agreement or with any such rules, regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or as otherwise provided by law. G. The Consultant will include the provisions of paragraphs (A) through (F) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City my direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such directions by the City, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 16. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1965, no person shall, on the grounds of race, color, or national origin, be executed from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 17. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be 7 subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 18. Age Discrimination Act of 1975 and Rehabilitation Act of 1973. Any prohibition against discrimination of the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. 19. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 20. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 23. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 24. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 25. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 26. County Lobbying Certification. The Consultant certifies that: (A) It is understood that each person/entity/firm who applies for a Community Development Commission contact, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) and; (B) That all persons/entity/firm who seeks a contact with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 27. Lobbying Certification. The Consultant certifies that: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. P The Consultant be included in all subcontracts and thashall arequire language llsuubcont acts shallcertif andldisc disclose accordingly. y 28. Records and Audits. The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all projects, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. (24 CFR Part 84, Sec. 84.53) 29. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 30. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tornmye A. Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: 10 •JAN -09-2007 ;17:33 From: To:9098513117 P.2/2 01/09/2007 14:30 909861.9117 CITY OF LTAMNOD BAR PAGE 09/0' deemed necessary by the City to assure proper accounting for all projects, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. (24 CFR Part 84, Sec. 84.53) 29. Entire Agreement, This Agreement, and any other documents incorporated herein by specific reference, represent the entire and Integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid If signed by the City Manager or the Mayor end attested by the City Clerk. 30. Exhibits, All exhibits reterred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST; CITY OF DIAMOND BAR By: By: Tommye A. Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: City Attorney "CONSULTANT" Agenda # 6 12 Meeting Date: January 16 2007 CITY COUNCIL AGENDA REPORT t9g9 TO: Honorable Mayor and Membe he City Council VIA: James DeStefano, City Man g TITLE: APPROVAL OF THE SURPLUS 1989 CHEVROLET PICK-UP TRUCK RECOMMENDATIONS: It is recommended the Council approve the surplus of the vehicle. FISCAL IMPACT: There is no fiscal impact to the General Fund. The City may receive a nominal amount of revenue based on the sale of the truck at auction. BACKGROUND / DISCUSSION: Since 1989, the City's Community Services Department has maintained the 1989 Chevrolet Pick -Up Truck as a part of its vehicle fleet. For seventeen years, the truck has served the City well in a number of capacities related to park and facility maintenance. Recently, the vehicle reached the end of its useful life and is no longer operable. After covering over 130,000 miles, problems with the vehicle include issues with the radiator, water pump, brake cylinders, and transmission. Staff believes the necessary repairs to the vehicle exceed its current value, and that such repairs would not result in any significant resale value. The City has utilized the services of General Auction to surplus other items in the past, including office supplies and computer equipment that no longer functioned or were obsolete. Upon approval by the Council, the truck will be turned over to General Auction, who will pick up and tow it from City Hall to be sold at auction. Prepared by: Reviewed By: Rya McLean, Senior Management Analyst Dave DoykAsantCity Manager CITY COUNCIL Agenda # 6- Meeting Date: Januaa 16 2007 AGENDA REPORT TO: Honorable Mayor and Members Of the City Council VIA: James DeStefano, City Man'� TITLE: Approval of Resolution No. 2007- Establishing an Approved Vendor List as Defined in Ordinance No. 05(2006) RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2007 -XX establishing an Approved Vendors List as Defined in Ordinance No. 05(2006). FINANCIAL IMPACT: None BACKGROUND/DISCUSSION: The City's Purchasing Ordinance (Ordinance No. 05(2006)) includes a provision for the establishment of an Approved Vendor's List. The provision reads as follows: "In January each year, City Staff will establish an "Approved Vendor List" and present it to the City Council for approval. This list will be comprised of vendors who have consistently provided excellent service to the City. This will be based on City standards for quality and price of services meaning that they have traditionally been the lowest bidder, they can deliver goods or services on time, or they consistently meet or exceed product/service specifications. Vendors on the Approved Vendor List shall be evaluated regularly by City staff for quality and price. Vendors not meeting City Standards may be removed by the City Manager or designee at any time. Once removed, a vendor may be reconsidered for placement on the Approved Vendor List the following January. " City staff has composed a vendor list and is requesting approval of this list. Vendors on this list have historically met City standards for quality and price of services. If at any time a listed vendor falls below City expectations, the vendor may be removed from the list by City staff. Upon approval of Resolution 2007- XX this list will be valid from February 1, 2007 through January 31, 2008. Prior to that time a new resolution and list will be presented to the City Council for approval. PREPARED BY: Linda G. Magnuson REVIEWED BY: Departmen HeadAsManager Attachments: Resolution 07 -XX Exhibit A — Approved Vendor List - Valid from 02/01/07 through 01/31/08. RESOLUTION NO. 2007 — XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2007 UNTIL JANUARY 31, 2008 WHEREAS, the City Council has adopted Ordinance No. 05(2006) which became effective August 31, 2006; WHEREAS, the Ordinance defines vendor list procurement and requires the annual establishment of an Approved Vendor List; WHEREAS, staff has prepared and attached Exhibit A — Approved Vendor List in accordance with the Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES that the vendors eligible for Vendor List Procurement as defined by Ordinance No. 5(2006) are contained in the attached Exhibit A — Approved Vendor List and will be in effect from February 1, 2007 until January 31, 2008. PASSED, ADOPTED AND APPROVED THIS day of 2007 Steve Tye, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council of the City of Diamond Bar held on the day of 2007 b the following vote: y AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Tommye Cribbins City Clerk of the City of Diamond Bar RESOLUTION NO. 2007 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2007 UNTIL JANUARY 31, 2008 WHEREAS, the City Council has adopted Ordinance No. 05(2006) which became effective August 31, 2006; WHEREAS, the Ordinance defines vendor list procurement and requires the annual establishment of an Approved Vendor List; WHEREAS, staff has prepared and attached Exhibit A — Approved Vendor List in accordance with the Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES that the vendors eligible for Vendor List Procurement as defined by Ordinance No. 5(2006) are contained in the attached Exhibit A — Approved Vendor List and will be in effect from February 1, 2007 until January 31, 2008. PASSED, ADOPTED AND APPROVED THIS day of 2007 Steve Tye, Mayor I, Tomrnye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council) of the City of Diamond Bar held on the day of 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTXN: COUNCIL MEMBERS: ATTEST: Tommye Cribbins City Clerk of the City of Diamond Bar Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2007 through January 31, 2008 Vendor Product Explanation Abrakadoodle Contract Class instructor - ,* Youth Art See Contract Class Instructor Explanation Adapt Consulting AGI Academy Albertson's Alice Chien Americomp Angeli Lyer Arrowwoods Audio Visual Innovations A-VIDD Balloons by Alice Bear State Air Conditioning Recycling Promotional Items Contract Class Instructor - Computer Classes Misc. Supplies Contract Class Instructor - Yoga & Dance Printer Supplies & Maintenance Contract Class Instructor - Adult Enrichment Interior wood DBC AN System service Audio Visual Services for DB N Bday & July 4th Balloons HVAC Svc. DBC Ability to provide promotional items made from recycled materials. ** See Contract Class Instructor Explanation Local vendor for program supplies ** See Contract Class Instructor Explanation Consistently bid below the competition and provide superior quality for printer maintenance & toner supplies city wide ** See Contract Class Instructor Explanation High quality repairs and installation of mill work Original installer of DBC AV system. Vendor is sole source for SCALA software used for DBTV and is familiar with City's equipment setup. Provides best price, & supply for 4th of July, B -Day, Low bidder for service contract. Quality work, fast response Best Lighting Lighting Supplies Familiar with City equipment, fast emergency response Bill Giebe Contract ** See Contract Class Instructor Explanation Brundige Glass Glass Repairs Consistent low bidders, quick response and high quality work BSN - dba Sport Supply Group Calsense Carolwood Productions Catalina Ballast & Bulb Center Ice Arena Chad Gonnella Charter Oak Gymnastics Christine Angeli Sporting Goods Landscape controls Video Productions Lighting Supplies Contract Class Instructor - Ice Skating Golf Contract Class Contract Class Instructor - Gymnastics Contract Class Instructor - Adult Crafts Page 1 Lowest price from bids and meets all requirements Proprietary equip Local company that has continued to provide quality, cost effective services. Lowest bidder, ability to locate hard to find parts ** See Contract Class Instructor Explanation ** See Contract Class Instructor Explanation ** See Contract Class Instructor Explanation ** See Contract Class Instructor Explanation Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2007 through January 31, 2008 Vendor Product Explanation CM School Supply Tiny Tots & Day Camp Supplies Local vendor with specialty supplies needed for programs Color Me Mine Comlock Connie Lillie Contract Class Instructor - Youth Art Keys/Lock supplies Contract Class Instructor - Jazzercise ** See Contract Class Instructor Explanation Proprietary lock system for the DBC ** See Contract Class Instructor Explanation Contact Office Solutions Copier Supplies & Maint Consistently bid below the competition and provide superior quality for copier maintenance and toner supplies city wide. Cornerstone Bibie Community Cr Tutoring Class ** See Contract Class Instructor Explanation Costco Warehouse Food -Rest Supplies Better prices when larger quantities are required. Craig Coffman Contract Class Instructor - Music ** See Contract Class Instructor Explanation David Fernandez: Contract Class Instructor - Adult Dance ** See Contract Class Instructor Explanation Day & Nite Copy Center, Inc. Copying/Printing Able to provide same day service at low cost. Often as low bidder. DB International Deli Meeting Supplies Meets requirement and provides good service including delivery Deane Homes Swim Rental Facility - Contract Classes Facility Use Agreement signed yearly. DFS Flooring Proprietary Method Carpet Local vendor that uses manufacturer's process to clean cleaning for DBC Carpet Dupont carpets at DBC Diamond Bar Hand Car Wash City Fleet Car Wash Local vendor with quality service Diamond Bar Hills Club Rental Facility - Contract Classes Facility Use Agreement signed yearly. Diversified Paratransit Shuttle Service Only Vendor able torovide handicapped pped shuttles. Dog Dealers, Inc. Contract Class Instructor - Dog Obedience ** See Contract Class Instructor Explanation Doggie Walk Bags Dog Bags for Park Dispensers Responsive vendor for product to fill dispensers in parks Dolphin Rents Bday Equipment Lowest price for B -day party, & snowfest. Dora Lonyai Contract Class Instructor - Make-Up/Skin Care ** See Contract Class Instructor Explanation Page 2 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2007 through January 31, 2008 Vendor Product Explanation Dunn's Fence Co. Temporary and Permanent Fence Lowest bidding prices Frank Stein Novelty Co. Supplier Gabriela Klein Education To Go Contract Class Instructor - Adult Fitness GADDMS, Inc On -Line Classes ** See Contract Class Instructor Explanation Esperanza Florets Dance Contract Class ** See Contract Class Instructor Explanation Evergreen Interiors Interior Plant Maint-City Repair Hall & Library Lowest Bid & Meets Requirements Executive Promotional Products Promo Items Exterior Products City's Event Banners Exterminetics of So. Cal Rodent/Insect Control at DBC Food From the Heart Caterer Foothill Building Materials Sand & Sandbags Francis Sabado Contract Class Instructor - Music/Voice Frank Stein Novelty Co. Specialty Supplies Gabriela Klein Contract Class Instructor - Adult Fitness GADDMS, Inc Contract Class Instructor - Youth Enrichment Glass Eye Productions Video Productions Glenn's Refrigeration Refrigeration/Freezer Repair Grand Mobil Vehicle maint Graphics United Printing Graybar Electrical Supplies H2O Pressure Washing Pressure washing Heather Nuques Contract Class Instructor - Youth/Adult Enrichment Hirsch Pipe and Supply Plumbing supplies Page 3 Often a low bidder providing quality, timely merchandise. Has artwork on file for a variety of items. Lowest bidder at time banners were purchased -- now stores, cleans, up -dates and posts banners as directed Low bidder for service contract. Quality work, fast response Consistently bid below the competition and provide superior quality Only local vendor to deliver sand to fire stations for sand bags ** See Contract Class Instructor Explanation Responsive vendor with specialty supplies needed for programs ** See Contract Class Instructor Explanation ** See Contract Class Instructor Explanation Provides consistent, quality services at a reasonable cost. Quality, responsive repair service Low bidder, quality work Consistently low bidder & provides quality, timely services. Local vendor with specialty repair materials Lowest bidder, quick response for small jobs ** See Contract Class Instructor Explanation Local vendor with specialty repair materials Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2007 through January 31, 2008 Vendor Product Explanation Home Depot Misc. Supplies Local vendor for repair materials and program supplies Hot Shots Youth Uniforms Traditionally lowest Price from bids. Hydro -Connections Irrigation Supplies Local vendor with specialty repair materials IMS Refrigeration Ice Machine repairs High quality repairs at competitive prices James Events Bday rides Only vendor to meet requirements. Jay Parayno Contract Class Instructor - Adult Enrichment See Contract Class Instructor Explanation Jerry Short Contract Class Instructor - Karate *' See Contract Class Instructor Explanation John Bishop Contract Class Instructor - Martial Arts Classes *" See Contract Class Instructor Explanation Karen May Contract Class Instructor - Yoga/Meditation See Contract Class Instructor Explanation Keep America Beautiful Inc Recycling Promotional Items Ability to provide promotional items made from recycled Ken's Ace Hardware Misc. Supplies materials. Local vendor for repair materials and KidStar Performing Arts Contract Class Instructor - program supplies ** Youth Enrichment See Contract Class Instructor Explanation Kidz Love Soccer Contract Class Instructor - Soccer ** See Contract Class Instructor Explanation Kim Melrose Contract Class Instructor - Golf " See Contract Class Instructor Explanation Kirk Steinke Electric Electrician Consistent low bidder and excellent work Kustom Imprints Coaches shirts - Adult 6 - ball Shirts Traditionally lowest Price from bids. Land's End Le -Hong Wang*` Staff shirts, apparel Variety of quality y products -- vendor has city artwork See Contract Class Instructor Explanation Lewis Engraving Engraving Svcs -Name Badges, Tiles & Plaques Consistently provides good service in a timely manner. Lighting Resources, LLC Live Sound Concepts Lowe's Home Impnrmt Center Mad Science Waste Recycling Vendor Concert/July 4th - Audio Equipment Misc. Supplies Contract Class Instructor - Youth Science Page 4 Only local vendor that doesn't have a pick up charge. Lowest price for concerts, snowfest & b -day party for 3 years. Local vendor for repair materials and program supplies ** See Contract Class Instructor Explanation Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2007 through January 31, 2008 Vendor Product Explanation Magic and Variety July 4th - Entertainment Only vendor in area that has Uncle Sam & balloonist available on 4th of July. MCO-The Microfilm Co Specialized Microfiche Maint Provides timely specialized service. Merchants Building Maint. Window washers Consistently low bids Michelle Tang Contract Class Instructor - Adult Enrichment ,* See Contract Class Instructor Explanation Mity-Lite Furniture Light Weight and Durable Low bidder for tables and chairs at DBC, Pantera and Tables/Chairs Heritage; excellent service and warranty program; products match existing inventory Moonlight Printers Printing Svcs Provides timely service. Music to Go D.J. Price is equal to others, service is superior to others. NET Easter Eggs Easter Eggs Lowest price and only vendor that meets our requirements. Nicole Prado Contract Class Instructor - Youth Baton ** See Contract Class Instructor Explanation Oak Tree Lanes Contract Class Instructor - Bowling ** See Contract Class Instructor Explanation Ontario Ice Center Contract Class Instructor - Ice ; ** See Contract Class Instructor Explanation Orange Coast Fencing C n cing tract Class Instructor - ** See Contract Class Instructor Explanation Oriental Trading Co. Specialty Supplies Responsive vendor with specialty supplies needed for programs Orkin Pest Control, Inc. eradication - Parks & LLA Responsive vendor for on-going rodent control service Partition Specialties PSI Wall Partitions DBC Original Installers familiar with proprietary systems Patrick Montoya y Contract Class Instructor - Music *` See Contract Class Instructor Explanation Periwinkle Productions Bday animals Only vendor to meet requirements. Pomona Unified 'School Distr. Rental Facility - Contract Classes & Sports Facility Use Agreement signed August 1997 PYRO Spectaculars July 4th - Fireworks Only vendor to respond for the last five years. Pyro-Comm Systems Fire alarm service Proprietary fire systems for DBC and Heritage Park Ralphs Misc. Supplies Local vendor for program supplies Raquel Hernandez Contract Class Instructor - Youth Math ,* See Contract Class Instructor Explanation Red Dragon Karate Contract Class Instructor - Martial Arts ** See Contract Class Instructor Explanation Page 5 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2007 through January 31, 2008 Vendor Product Explanation Printing -Envelopes, Reinberger Priniwerks, Inc. Letterhead, Stationery, Consistently provides good service in a timely manner. Certificate Covers etc Vendor has many templates already on file. Related Visual, Inc. Audio/Visual Consistently low bidder. Also provides maintenance support for equipment. Roland Barrientos TracT 1853 in ** See Contract Class Instructor Explanation Ron Bevacqua Contract Class Instructor - Pet Therapy `* See Contract Class Instructor Explanation Roto Rooter Emergency Plumbing Roy Boorman Contract Class Instructor - Digital Photography Safeway Signs Co. Traffic Signs SC Signs Traffic Signs & Poles School Specialty, Inc. Tiny Tots & Day Camp Supplies Shannon Griffiths Contract Class Instructor - Belly Dance Sharon Butler Finance Contract Class Sheri Liebe Contract Class Instructor - Youth Dance Simpson Advertising, Inc. Skate Express Skyhawks Smart & Final Sparkletts Water Sport Pins International, Inc. Stitches Uniforms Stubbies Promotions Subway Sudha Jain rorces Banner Graphic Design Contract Class Instructor - Roller In-line Skating Contract Class Instructor - Youth Basketball Food, Rest. Supp. Water Supplies & Equipment Rental Pins Staff Uniforms Promo Items Meeting Supplies Math Contract Class Page 6 Responsive to emergencies, competitive prices ** See Contract Class Instructor Explanation Manufacturer of City street name signs, ability to provide matching signs. Traditionally been low bidder and ability to provide supplies in a timely manner. Responsive vendor with specialty supplies needed for programs ** See Contract Class Instructor Explanation ** See Contract Class Instructor Explanation ** See Contract Class Instructor Explanation Lowest Bidder -- now has artwork for future orders. Continues to provide graphic design support. Selected through RFP process. ** See Contract Class Instructor Explanation ** See Contract Class Instructor Explanation Good prices, specialized products for City events. Consistently provides good service. Consistently low bidder. Lowest price for Birthday shirts 3 years in a row. Often a low bidder providing quality, timely merchandise. Has artwork on file for a variety of items. Consistently provides good service in a timely manner. ** See Contract Class Instructor Explanation Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2007 through January 31, 2008 Vendor Product Explanation Surendra Mehta Contract Class Instructor - Yoga/Wellness *' See Contract Class Instructor Explanation Tennis Anyone Contract Class Instructor - Tennis *' See Contract Class Instructor Explanation The Whole Enchilada Meeting Supplies Consistently provides good service in a timely manner including delivery. Tina Chang Contract Class Instructor- Dance & Martial Arts `* See Contract Class Instructor Explanation Tina Liu Youth Sports Contract Class *` See Contract Class Instructor Explanation Traffic Control Service Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner. Trane HVAC Controls Proprietary controls at the DBC and Heritage Community Tri -City Pools Fountain service centers Lowest bidder, familiar with City equipment TryFitt Sports Youth Sports Contract Class ** See Contract Class Instructor Explanation Union Ice Company Snow Fest Only vendor that responds to bids, that can provide requirements. United Site Services Special Event - Restrooms & Sinks Only vendor to respond for the last three years for special Valley Trophy Youth Trophies events. Traditionally lowest Price from bids. W.W. Grainger, Inc. Specialty Supplies Local vendor with specialty repair materials Walnut Hills Fire Protection Fire extinguisher repair Familiar with City equipment, great service Walnut Vly Unified Schl Distr. Rental Facility - Contract Classes & Sports Facility Use Agreement signed September 1992 Waxie Sanitary Supply Janitorial supplies Competitive pricing, offers periodic training White Cap Road Maint Materials & Equipment Only local vendor specialized in street construction World Wide Bingo Bingo supplier materials. Lowest price in 3 years of bidding and Yosemite Water Water Supplies & great service. Equipment Rental Responsive supplier for low quantity orders *"Instructor meets the requirements of the contract class program: successful completion of instructor application, supplemental questionnaire, class proposals, background check and quarterly quality review of classes. Page 7 Agenda # ; i d Meeting Date: January 16 2007 CITY COUNCI- REPORT TO: Honorable Mayor and Memb he City Council VIA: James DeStefano, City Man g TITLE: ,ADJUSTMENT OF CITY COUNCIL APPOINTMENTS TO THE JOINT POWERS INSURANCE AUTHORITY (JPIA) RECOMMENDATION: Approve. FISCAL IMPACT: There is no fiscal impact on the City of Diamond Bar. BACKGROUND / DISCUSSION: At the discretion of the Mayor, Council Members are appointed to represent the City on the boards of various outside agencies. At the December 19, 2006 City Council Meeting, Mayor Tye designated Council Member Bob Zirbes as delegate and himself as alternate delegate to the Joint Powers Insurance Authority (JPIA). After recent discussion, Mayor Tye and Council Member Zirbes have mutually agreed to adjust the appointment. If approved by the Council, Mayor Tye will serve as delegate and Council Member Zirbes as alternate to the JPIA. The remainder of the Mayor's appointments will be unchanged. Prepared by: Ryan clean, Senior Management Analyst Agenda # 6-19 (a) Meeting Date: January 16 2007 I 0J& CITY COUNCIL Alk TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVE RELEASE OF CO ENANT AND AGREEMENT AND RELEASE OF RESTRICTED USE AREA LOCATED ON PARCEL 1 OF PARCEL MAP NO. 14819 (TARGET PARCEL, CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE) RECOMMENDATION: Approve the Release. FINANCIAL IMPACT: There is no financial impact to the City. BACKGROUND: Prior to the development of the Target Store at the corner of Grand Avenue and Golden Springs Drive, a Restricted Use Area (RUA) existed onsite adjacent to Grand Avenue. The RUA is located in the eastern corner of the site. This development restriction was placed on the previously recorded map (PM 14189) due to geologic conditions. During development, specific mitigation measures were recommended in the geotechnical report to create a suitable building pad and subsequently a retaining soil nail wall was constructed within the designated RUA. Furthermore, a Covenant and Agreement (Covenant) was executed by both the Target Corporation and the City to allow construction within the RUA. This document was recorded in the Office of the Los Angeles County Recorder as Instrument No. 05-2772958 on November 16, 2005. Exhibit A of the Covenant was a memo dated November 10, 2005 by Leighton and Associates which states that "grading operations and construction of the planned soil nail wall following recommendations of the geotechnical report (Leighton and Associates, 2004) are expected to mitigate the RUA." DISCUSSION: Upon completion of grading operations and construction of the soil nail wall, Leighton submitted a Report of Geotechnical Observation and Testing during the rough grading of the Target Store pad, dated April 7, 2006. Leighton reports that the unsuitable geologic conditions in the RUA have been mitigated by the owner. Additionally, they conclude that based on the field observations, "no restrictions for development are deemed necessary." Due to the fact that the RUA has been deemed mitigated with the completed grading operations and the construction of the retaining soil nail wall along Grand Avenue, it is hereby requested by Target Corporation that the City Council: 1) The Covenant and Agreement recorded on November 16, 2005 as Instrument No. 05-2772958 in the Official Records of Los Angeles County be terminated and released and of no further force and effect, and 2) The Restricted Use Area dedicated on Parcel 1 of Parcel Map No. 14819 recorded in Book 154 Pages 27 to 30 of maps in the Office of the County Recorder of the County of Los Angeles (Parcel(s) 8293-045-006; 007; 008; 009) shall be vacated and released from the Property. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: January 8, 2007 REVIEWED BY: ;iu., Director of Public Works Attachments: Attachment A: Release of Covenant and Agreement and Release of Restricted Use Area Attachment B: Parcel Map 14819 Attachment C: Covenant and Agreement, Instrument No. 05-2772958 AT*rA,c l -f M �N -F !4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Exempt from recording fees pursuant to Gov. Code Sec. 6103 (Space above for Recorder's Use.) RELEASE OF COVENANT AND AGREEMENT AND RELEASE OF RESTRICTED USE AREA THIS RELEASE OF COVENANT AND AGREEMENT AND RELEASE OF RESTRICTED USE AREA (the "Release") is made as of January 16, 2007, by the CITY OF DIAMOND BAR, a California general law city (the "City"), in favor of TARGET CORPORATION d/b/a TARGET STORES, a corporation (the "Owner"). RECITALS A. Owner has obtained entitlements from City to construct a retail commercial structure on Parcel 1 of Parcel Map No. 14819 in the City, as more fully described in Exhibit "A" attached hereto and made a part hereof. Parcel 1 is encumbered by a development restriction (the "restricted use area") that precludes development due to geologic conditions. In light of that restriction, as a condition of issuing a building permit to Owner, City and Owner entered into that certain Covenant and Agreement recorded on November 16, 2005 as Instrument No. 05-2772958 in the Official Records of Los Angles County (the "Covenant and Agreement"), providing for mitigation of the unstable geologic conditions in the restricted use area. B. Owner has mitigated geologic hazards identified in geologic reports submitted to City prepared by Leighton and Associates dated April 7, 2006, in satisfaction of the terms and conditions of the Covenant and Agreement. Further, the geologic conditions that gave rise to the dedication in Parcel Map No. 14819 of the restricted use area have been mitigated to the satisfaction of the City. NOW THEREFORE, in consideration of the foregoing: The Covenant and Agreement recorded on November 16, 2005 as Instrument No. 05-2772958 in the Official Records of Los Angles County is hereby terminated and released and of no further force and effect. 2. The Restricted Use Area dedicated on Parcel 1 of Parcel Map No. 14819 recorded in Book 154 Pages 27 to 30 of Maps in the Office of the County Recorder of the County of Los Angeles (Parcel(s) 8293-045-006; 007; 008; 009) is hereby vacated and released from the Property. IN WITNESS WHEREOF, the City has executed this Release as of the date set forth above. CITY: CITY OF DIAMOND BAR I= Date: ATTEST: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: Michael Jenkins, City Attorney STEVE TYE, MAYOR STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On this day of 2007, before me a notary, public in and for said State, personally appeared , personally known to e (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Signature: Notary Public (Seal) EXHIBIT "A" RESTRICTED USE AREA THAT CERTAIN "RESTRICTED USE AREA" SHOWN WITHIN PARCEL 1, OF PARCEL MAP NO. 14819, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 154, PAGES 27 THROUGH 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID "RESTRICTED USE AREA" HAVING BEEN DEDICATED ON SAID PARCEL MAP. EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION, IN FORMANCE IT THE PROFESSIONAL LAND SURVEYOR'S ACT. %,"L-rir%D,fAUlVI F'.L.J I EXPIRES 6/30/08 /-f-6-off EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" LEGEND DEDICATION LINE ------------ EXISTING PROPERTY UNE CENTERLINE EXHIBIT "B" RESTRICTED USE EASEMENT CITY OF DIAMOND BAR, CALIFORNIA N Q SCALE: 1 "=50' SHEET 1 OF 1 DRC De A Engin ent $eenurce Cunsaltante, Ine. M 8175 E KAISER BOULEVARD EnWonmwHd ANANEIM MJ.Ss CA 92808 (714) 685-8880 ,D � ��N�oe �gop� op•� `\ �i �• 6 �. fig. 9opoo � !, C� `" ` �'4AT 001lop 3p�a� w Na3 9g D p 'S3sr, 00 ' �Rtl� .�0`� � �tZl0• •.. 2p�6po.E �... � 86 �o .. ,�- �cb• 'moo• >�o� Z y AGRES NET 5z •'�,, N lea. �gCRE S 6 F °' MANENT aPEN bPA� ul •6S 6� R�sERYEO FaR PER d N Zgro.22 /cam 6aoE TITLE(S) : A& A1"TACA 1HEN'r C This page is pari of your document - DO NOT DISCARD 05 2772958 RECORDED&IL-D IN OFF) IAL RECORDS LOSANGELES COUNTY CALIFORNIA 11:01 AM NOV 16 2005` FEE M---- IFFE $?2 D -20L AF $12 CODE: 20 CODE 19 CODE 9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black Ink. D.T.T. Number of AIN's Shown THIS FORM IS NOT TO BE DUPLICATED RI --CORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF DIAMOND BAR ATTN: CITY CLERK 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 COVENANT AND AGREEMENT A. Recitals 05 27'2958 (i) Target Corporation ("OWNER" hereinafter) has applied to the City of Diamond Bar ("CITY" hereinafter) for builVing permit(s) to. construct a soil nail wall ("the Work" hereinafter) on property located at 747 nd Avenue Diamond Bar, California, as more fully described as Parcel I of Parcel Map 14819 in the City of Diamond Bar recorded in Book 154 Pages 27 to 30 of Maps in the Office of the County Recorder of the County of Los Angeles and/or Parcels) 8293-045-006; 007.008 & 009 in the records of the County of Los Angeles Assessor's Office ("Property" hereinafter). (ii) The Property is located in an area subject to hazard(s) of a geologic nature. (iii) OWNER has submitted certain geologic reports to CITY, prepared by Lei hton & Assaciates indicating that the Property appears to be geologically safe for the proposed use provided that certain structural ! mitigation features are incorporated into the structure's design (attached hereto as Exhibit "A ). B. Agreement, NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND OWNER AS FOLLOWS: I. Inconsideration of the issuance of building permit(s) for The Work on the Property, OWNER HEREBY RELEASES CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILI'T'Y for any loss or damages related in any manner whatsoever to the issuance of such building permits) or to any earth imovement, erosion, earthquake, landslide, lateral displacement, vertical displacement, sloughing, slippage, settlement or any other cause on the Property, AND SPECIFICALLY RELEASES CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY DUE TO NEGLIGENCE IN THE ISSUANCE Of- SUC1-f BUILDING PERMIT(S). OWNER further agrees to defend, indemnify and hold CITY and its elected officials, officers, employees, and agents free and harmless from any loss or damage arising out of any claim, suit, action or judgment, whether at law or in equity, by and person or persons related in any manner whatsoever to the issuance of such building permit(s), construction of the Work or to any earth movement, erosion, earthquake, landslide, lateral displacement, vertical displacement, sloughing, slippage, settlement or any other cause on the Property. 2. Prior to the issuance of building permit(s), OWNER shall record in the Office of the County Recorder of the County of Los Angeles the findings of the aforementioned geologic reports) and this Covenant and Agreement. 3. OWNER shall comply fully with all the recommendations contained in the aforementioned geologic report(s) and other conditions deemed necessary by the City Engineer, 4. This Covenant and Agreement shall run with the land and be binding upon OWNER, OWNER'S heirs, representatives, assignees and successors in interest, and all subsequent owners and tenants of the Property. 5. This Covenant and Agreement shall continue in effect until the City Engineer records in the Office of the County Recorder of the County of Los Angeles a statement that he finds such hazardous no longer exist. IN WIHITNESS WHEREOF, the undersigned have executed this Covenant and Agreement as of the _ `" ' day of ©e-TDi3Z� in the year Z.00S" EXHIBIT A Leighton and Associates, Inc. A LEIGHTON GROUP COMPANY November 10, 2005 Project No. 020849-005 To: City of Diamond Bar Public Works/Engineering Division 21825 Copley Drive Diamond Bar, California 91765 Attention: Ms. Kimberly Molina Subject: Restricted Use Area (RUA) Adjacent to the Proposed Target Store, Southern Corner . of Grand Avenue and Golden Springs Drive, City of Diamond Bar, California Reference: Leighton and Associates, Inc., 2004, Geotechnical Investigation, Proposed Residential and Commercial Development, Southern Corner of Grand Avenue and Golden Springs Drive, City of Diamond Bar, California, Project No. 020849-001, dated November 11, 2004 Leighton and Associates, Inc. is providing geotechnical observation and testing during grading of the Target Store at the southern corner of Grand Avenue and Golden Springs Road in the City of Diamond Bar. Some of this construction includes grading within a previously established Restricted Use Area (RUA). Grading operations and construction of the planned soil nail wall following the recommendations in the geotechnical report (Leighton and Associates, 2004) are expected to mitigate the RUA. An as -graded geotechnical report summarizing the conditions encountered and providing the results of our density testing will be submitted to the City of Diamond Bar upon completion of construction within the RUA. 10532 Acacia Street . Suite B-6 ■ Rancho Cucamonga, CA 91730 909.484.2205 ■ Fax 909.484.2170 111 www.leighlongeo.com If yoia have any questions regarding this letter, please call us at your convenience. Respectfully submitted, pcYi'pFESS1 LEIGHTON AND ASSOCIATES, INC. CC w No. 61778 rn R' Exp. 6.30-01 Philip A. Buchiarelh, CEG 1715 9T`c OF C0.UFa4 Senior Associate Geologist Jason D. Hertzberg, RCE 61778 Senior Project Engineer PB/JDH/rsh Distribution: (2) Addressee 020849-005 STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) On this th day of September, 2005 before me, a Notary Public within and for said County, personally appeared Marc Steadman, to me personally known, who, being first by me duly sworn, did say that he is the Vice -President of Target Corporation, and a duly -authorized signatory of said corporation, and that the foregoing instrument was signed by him on behalf of said corporation by authority of its Board of Directors and Marc Steadman acknowledged said instrument to be the free act and deed of said corporation. a^,y ELIZABETH A. MANKEY WTARYKWO-MINNESOTA Nnthry Public Ny Ck�pleebn �ykW Jui. 81, 2088 rJ1 M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Callfornia ss. County of Los Angeles On November 1 , Z9_0 before me, Tnm_�P A n nr� �__��y}�� }}� Notary pt 1 i Dato Norms end TI110 0l tSRa:er (eg., "7 -ane , Nofary Pubdc7 personally appeared— r�matDf m s+9nerta7 O personally known to me EX proved to me on the basis of satisfactory evidence �onat,t ANNE .. SINS CbmrnMon # 1411077 t+b166 K cowtf I MYComm, BO -Apr 26, 2007 Place Notary Seal Above to be the person(s) whose name(§} is/ate subscribed to the within instrument and acknowledged to me that he%ttelthey executed the same in his6herltt'.t it authorized capacityOus), and that by his&W/th§ik signatur*) on the instrument the person(), or the entity upon behalf of which the person6p) acted, executed the instrument, WIT SS my hand and offic' I seal /2t— -4 A NUARture Dt NDlaty Pllbra: OPTIONAL Though the infonnatlon below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _- Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual Top of thumb here • Corporate Officer — Title(s): O Partner --- ❑ Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National NotaryAssaclatlgn • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call 7011 -Free 1-800-876.6927 IN THE UNINCORPORATED TERRITORY OF THE )LINTY OF LOS ANGELES, STATE OF CALIFORNIA. ,.' `�`°yIrf� IM R. MCGANN(DN, R.C.E. Z* °0)13 �}' APRIL, 10)82 .AND P'T_l ON OF roc vv 1 ti"� R ct L. ( R UA 138/35- 39 . E� '' o a ela ' i N S --P 39'!5eF_ ;'$Ii �V 2-ID.3OF ....� yo P E fZ T14E \�a,tL ;_1°29_3-7..w Rao Ce•/fo';) �i�e�vt �, \4� WI \ VA -WAV ANO FiRE � ` e � ' l �.. •N IO ��?° � . / Q J ZIg co 30'00„ L12 -Io W E;C0.`` <� �s �444'?/ 0 3 6 40. g e)' /'�4°S / 0 ' /�'• v 1 / P SNV OF 12-849 ACRes GROSS /2.'AcRe5 NET ,v4B°IBW'W � / • G O `"�/i5. ick._ >X 63 i PCS:.�(6v > zs. lDdi� �b�o • O 0� tj V3/ `42'00'EL. � O�^. O �� V OO.11 21-2 060... • �p �� 3 /5.47 'Lf' ��• "'^�,{q '�i G,eos,$ N/8 °00'00 NET /8/.4�'� ' 10 N3i°24'o0'E W'\O / 45.9' C SS° r w 3 N24°0700'E N$ObBOO E n 7C °0� 3 I tio�dj e a2•peq,, LL x I.IJI 3 ^ n P Agenda # 6 15 (b) Meeting Date: danuary 16 2007 CITY COUNCIL AGENDA REPO RT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma g TITLE: ADOPT RESOLUTION NO. 2007- NO. 61702, FOR THE SUBDIVISION OF A013.69 CRE SI EVING FINALRCEL TARMAP GET DEVELOPMENT) INTO THREE PARCELS LOCATED ON THE SOUTHWEST CORNER OF GOLDEN SPRINGS DRIVE AND GRAND AVENUE. RECOMMENDATION: Adopt Resolution and Direct the City Clerk to certify and process the map p for FINANCIAL IMPACT: There is no financial impact to the City. BACKGROUND: The Tentative Map application was made to the Planning Commission b Tar Corporation d/b/a Target Stores at a duly noticed public hearing on March 28, 2006 which time the item was continued to the April 11, 2006 Planning Commission meetingat . At the April 11, 2006 meeting, the Planning Commission concluded its review of the e application and adopted Resolution No. 2006-15 approving the Tentative Parcel Ma No. 61702. p The City Council conducted a duly noticed application on May 16, 2006 and adopted Resolution cNo 2006-46 this tentative map Parcel Map No. 61702.approving Tentative DISCUSSION: The conditions of approval require that certain on and offsite improvements b constructed for this development. All public and private improvements conditioned for the Target Development have been completed to date. In addition to the surety posted for the improvements of the development at permit issuance, a fair share contribution in the amount of $541,451 for mitigations and the traffic impact fee of $351,565 for off-site i the time of to be paid to the City. To date, Target has paid the $351,565 for Off-sitetraffic that were completed along Grand Avenue and Gold improvements are required Golden Springs Drive .lmpnoaddition Target has paid $406,088.26 of the fair share costs associated with the dev the Target Store. The remainder ($135,362.74) of the fair share costs will b lopmee Paid with of the development of the two remainin pads g pads. Any development associated with the two (parcels 2 and 3 of this map) will undergo a separate development review with the Planning Commission. process The Final Parcel Map subdivides 13.69 acres of into three 3 three parcels is currently occupied by the Target Store. The two smaller intended to be sold for commercial/restaur ()parcels. The largest of the revenues, jobs to the City and quality of life to the Diamond wilIBar oCom additional parcels tax The Final Parcel Map 61702 has been reviewed by thea r munity. been found to be technically correct and conforms substantial) to appropriate agencies and has tentative parcel map. Furthermore the final map meets the requirements conditions of a Y the approved approval. q ments of the PREPARED BY: Kimberly Molina, Associate Engineer REVIEWED BY: David . Liu, Director of Public Works Attachments: Resolution No. 2007 -XX Parcel Map 2 Date Prepared: January 2, 2007 RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING FINAL PARCEL MAP 61702, FOR THE SUBDIVISION OF A 13.69 ACRE SITE INTO THREE PARCELS, LOCATED AT THE SOUTHWEST CORNER OF GOLDEN SPRINGS DRIVE AND GRAND AVENUE IN THE CITY OF DIAMOND BAR CALIFORNIA RECI_T_ (i) On March 28, 2006 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider the application of Target Corporation d/b/a Target 1000 Nicollet Mall, TPN -13A, Minneapolis, MN 55403 (the "Applicant' hereinafter) for approval of Tentative Parcel Map No. 61702 at which time the item was continued to the April 11, 2006 Planning Commission Meeting, and upon conclusion of said public hearing on April 11, 2006 the Planning Commission adopted its Resolution No. 2006-15 recommending that the City Council approve Tentative Parcel Map 61702. (ii) On May 16, 2006 the City Council of the City of Diamond Bar conducted a duly noticed public hearing to consider Tentative Parcel Map No. 61702 and, upon conclusion of said public hearing on May 16, 2006 the City Council adopted its Resolution No. 2006-46 approving Tentative Parcel Map No. 61702. On July 17, 2006 the Applicant filed an application for approval of Final Parcel Map No 61702 (the "Application" hereinafter), as described in the title of this Resolution. (iv) Pursuant to Municipal Code Section 21.22.090, the City Engineer has reviewed Final Parcel Map No. 61702 and determined that the map is technically correct, conforms to the approved Tentative Parcel Map and is in compliance with applicable provisions of Title 21 of the Municipal Code and of the Subdivision Map Act. M. All legal prerequisites to the adoption of this Resolution have occurred. 3 NO�V, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: �. This City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct. 2. Pursuant to Section 21.22.100 of the Diamond Bar Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 21 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map 61702 as presented. 3. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Target Corporation d/b/a Target 1000 Nicollet Mall, TPN -13A, Minneapolis, MN 55403 4 PASSED, APPROVED AND ADOPTED this 16th day of January, 2007. Steve Tye, Mayor I, Tornmye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 16 th day of January, 2007, by the following vote: AYES: COUNCIL MEMBERS NOE;i: COUNCIL MEMBERS ABESENT: COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar 5 TO: Mayor and Member of the Council: VIA: James DeStefano, City Manager SUBJECT: Consent Calendar Item 6.15(b) There are two parts to Consent Calendar item 6.15 for the Target Final Map. Item 6.15 (a) for the release of Covenant and Agreement and restricted use area could be considered by the Council. With respect to Item 6.15 (b) City Attorney recommends that the item be pulled so a condition of approval be placed on the item. The Council could then approve the item with this motion: "I move conditional approval of the resolution in item 6.15(b) subject to the condition that the resolution not be signed by the Mayor and the map not be stamped approved or released for recordation until and unless the underground easement is executed; and further, that if the undergrounding easement is not executed on or before February 6, 2006, this conditional approval will be deemed void and of no effect; and further, that the final map be rescheduled for approval by the Council at such time as the easement is executed." PARCEL 61702 IN THE CITY OF DI BOUNTY OF LOQ ANGELES, STATE OFBAR, MAP FILEDUN (BOOK 104 PAGESTI27 OF 30 RI NCLUSIVE�OFNPARCEEL MAPS, INT HENOFFICE OF O, 119.gPER HE TE COUNTY RECORDER OF SAID DOCUMENTANDECOFRDEDLSO E1AUOU T PARCELOWN AS 2005 AS INSTRUMENTANO. O05846648 COMPLIANCE ol OF OFFICIAL RECORDS. PFEILER & ASSCCIATES ENGINEERS, INC. MARK P. PFEILER, MARCH 2006. STATEMENT )ERSIGNED, BEING, ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE BORDER LINES AND WE HEREBY CONSENT TO THE PREPARATION AND ;AID MAP AND SUBDIVISION. HIGHWAYS AND EREBY DEDICATE TO THE PUBLIC USE ALL STREETS, LIC WAYS AS SHOWN ON THIS MAP. �RGET CORPORATION, A MINNESOTA CCRPORATION. C-AL-IFeR1arA M, S. �f��yy�J.�., �B�E�F�D�RE M�£��� PERSONALLY -Y APPEARFD_�5lat .—ALS -------------- - BE - ME (OR ?RAVED TO ME ORETHE SUBSCR BEDF TO SATISFACTORY WITH INS RUMENTOAND ON(S) WHOSE NAME(S) IS/ ARE TO ME THAT HE/SHE/THEY EXECUTED THE SAME R HIS/HER/THEIR cD CAPACITY(IES), AND THAT BY -IIS/HER/THEIR SIGNATURE(S) ON THE AT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS) (SCUTE THE INSTRUMENT. ,- � T Notary Public ' MY HAND.. : i Wnnne o a �t9v comr ou, rx�z 4nai, o0 UBLIC IN AND FOR SAID TATE. MY PRINCIPAL PLACE OF BUSWESS ISMA COUNTY. COM MY COMMISSION EXPIRES: INTE xN, AnG SG 7Gl F --Atff0MTA } S.S. OFA. —) BEFORE ME'T2�s-a-'—f 1I5- -v yYT� ^ _ P SONALLY \LLY APPEARED__ Se -,44. ---------- TO ME (OR PROVED TO ME r THE BASIS OF SATISFACTORY EVIDENCE) TO BE RSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND 'LEIZED CAPAED DME THT CITY(IE )A AND/THAT/B`f HIS/HER/TOHEIRESAME IN SIG SIGNATURE(S) ONTHE LENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) EXECUTED THE INSTRUMENT. it ' > MY HAND: uut JRE �- PUfILJC IN AND FOR SAISTATE. MY PRINCIPAL PLiACE OF BUSINESS IS _ g�.A2 COUNTY. MY COMMISSI N EXPIRES: / 17 DRI4 . S D -.-r , nr A CNF SURVEYOR'S STATEMENT THIS MAP WAS PRFPARED BY ME OR UNDER 41' DIRECTION AND IS BASED UPON IREMENTS OF THE SUBDIVISION M FIELD SURVEY IN CONFORMANCE WITH THE REOU ACT AND LOCAL ORDINANCES AT THE. REQUEST OF TARGET CORPORATION ON MAR 2006. 1 HERFBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THI APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY: THAT THE MONUMENTS OF THE CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE WILL BE IN UR NG DATE OF MAP D THAT SAID WITHINSUFFICIENTOMONTHS O M THE MONUM NTS ARE TO ENABLE THE EISURVEY TO BE7H1: RETRACED AND THAT TIE NOTES TO ALL CENTERLINE MONUMENTS SHOWN "TO BE SET" WILL BE ON FILE_ IN THE OFFICE OF THE CITY ENGINEER WITHIN TWENTY FO MONTHS FROM THE FILING DATE SHOWN HEREON. AND S�p4 MARK P. PFEILER L � P 59590 e MARK P. PFEILER S. 5959 DATE EXPIRES: 12-31-0 - CITY SURVEYOR'S STATEMENT I STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IT CONFORMS WITH THE MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT AND I AM SATISF SAID MAP IS TECHNICALLY CORRECT. c)) l2 / ,nMICHAEL L. NAVARRO DATE P. L.S. 1848 EXPIRATION DATE: 12-31-08. CITY ENGINEER'S STATEMENT I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THERE THAT ALL PROVISIONS OF SUBDMSION ORDINANCES OF THE CITY OF DIAMOND" APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH (0) (1) NAND ALL. LHAVROVI ON COMPLIED SUBDIVISION MAP ACT SEC - DAVID G. LIU DATE CITY ENGINEER, CITY OF DIAMOND BAR R.C.E. N0. 44053 EXPIRATION DATE: 6--30-07. SIGNATURE OMISSIONS THE SIGNATURES OF THE FOLLOWING HAVE BEEN OMITTED UNDER THE PROVIS SECTION 66436 (0) (3) (A) (i -viii) OF THE SUBDIVISION MAP ACT, THEIR INTI SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE. SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR PUE UTILITIES AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 11, 1911 AS INSTRUMENT NO. 135, IN BOOK 4706, PAGE 125 OF DEEDS, COUNTY OF LO`. ANGELES. THE COUNTY OF LOS ANGELES, HOLDER OF AN EASEMENT FOR INGRESS ANC ORAINR STORMDNO. 2908 IN BOOK D4805 PAGE 62AND INCIDENTAL PURPOSES,C ORDED OF OFFICIALAUGUSRECORDS,7C INSTRUMENT OF LOS ANGELES. THE COUN �ROGCLANUANGELES, NCIDENTALOPURPOSESNPER PARCELFOR MAPSTORM 14819 ARCELS 'd ACRES PARCEL MAP NO. 61702 SHEET 2 C IN THE CITY OF DIAM014D BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AT PFEILER & ASSOCIATES ENGINEERS, INC. MARK P. PFEII_ER MARCH 2006, BOUNDARY AND MAP SHEET FD. BRASS DISK, IN WELL —MONUMENT, ON. 6" PER LACO FB 4408/23, ACCEPTED AS C.L. INT. __-Cl N5T00'29"W '� 'y \ RA—LIIAL— Ob q C', ,Q CAL KE SEE TRIANS&F USW,EPERTLACODFB 4408/22, `�5y4j*`pry ACCEPTED AS B.C. SHEET 4 th, o R9i\fir N47'33'44 W 61� iry� 5"j� WASHER, FLUSH, PER PARCEL =R 4408/22, TIES— 3 7'37" E N52'21'S7"W 0 \ BEARINGS -- �! \ !+ PARCEL 2 V 26.93' L19 RADIAL 1 „b L71, 1.02 ACRES / / •0i 0 GRAND AVENUE TO BE DEDICATED __-Cl N5T00'29"W '� 'y \ RA—LIIAL— Ob q C', ,Q SEE Z. C14 -Pt- DETAL °Pa SHEET 4 NRADIAL — 02q WASHER, FLUSH, PER PARCEL =R 4408/22, TIES— 3 /� U 0.69 PTED AS E.C. C 11 ACRES 26.93' L19 C1 I TO THE CITY OF DIAMOND BAR GEN 0 INDICATES FOUND MONUMENT AS NOTED. O INDICATES 1" IRON PIPE IN DIRT OR LEAD, TACK CONCRETE OR SPIKE & WASHER IN ASPHALT, ALL 5959, TO BE SET WITHIN 24 MONTHS OF THE FIL PARCEL MAP. INDICATES RECORD DATA PER PARCEL MAP NO, 1 154 / 27-30. 0--w--v INDICATES THE BOUNDARY OF LAND BEING SUBDIV MAP. BASIS_OF BEARINGS THE BEARING OF NORTH 37'07'37" EAST ON THE INVERSE[ BEARING FROM THE INTERSECTION OF GRAND AVENUE AND SPRINGS DRIVE TO THE END OF CURVE ON GOLDEN SPRINI SHOWN ON PARCEL MAP N0. 14819, BOOK 154, PAGES 2 - PARCEL MAPS, RECORDS OF lHE COUNTY OF LOS ANGELES CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS. EASEMENTS SEE SHEET 3 OF 4 SHEETS / / SEE �O F IDIETAL 'A' oSHEET hyd jO a 4 \ ^"�w SCALE: 1"=i00' / O \ C77 SEE b" b�. 0000. c,� 2 DETAL '®' SHEET 4 30 `20 00 s!c me CELS ACRES PARCEL MAP NO. 61702 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. PFEILER & ASSOCIATES ENGINEERS, INC. MARK P. PFEILER MARCH 2006, EASEMENT LOCATION SHEET EA'S MENTS A 50' WIDE EASEMENT OF SOUTHERN CALIFORNIA EDSON COMPANY FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES PER INST. N0. 135 IN BOOK 4706, PAGE 125 OF DEEDS, RECORDED 9/11/1911. CENTERLINE LOCATION PLO17ED HEREON IS THE LOCATION OF A CENTERLINE PASSING THROUGH EXISTING TOWERS. A 10' WIDE EASEMENT OF THE COUNTY OF LOS ANGELES FOR STORM DRAIN PURPOSES PER INST. NO, 2908 IN BOOK D4805, PAGE 762 O.R., RECORDED 8/18/1976. VARIOUS EASEMENTS OF THE COUNTY D'= LOS ANGELES FOR STORM DRAIN AND STORM DRAIN INGRESS AND EGRESS AS SHOWN ON PARCEL MAP NO. 14819, P.M.B. 154 / 27-30. AN EASEMENT FOR SLOPE PURPOSES PER INST. NO. 83-237794 AND NO. 83-237795 O.R., RECORDED 3/2/1983. AN EASEMENT OF WALNUT VALLEY WATER DISTRICT FOR WATER LINES AND UTILITIES PER INST. NO. 85-1023703 O.R., RECORDED 9/4/19&5. AN EASEMENT OF HIDDEN MANNA COPORATION AND LEWIS DIAMOND BAR, LLC FOR PASSAGE AND All OMMODATION OF PEDESTRIANS AND VEHICLES PER INST. NO. 05--2067632 O.R., RECORDED 8/29/2005. A 7' WIDE EASEMENT OF VERIZCN CALIFORNIA FOR PUBLIC OTILITES PER INST. NO. 06-826698 O.R., RECORDED 4/14/2005. A 10' WIDE EASEMENT OF SOUT14ERN CALIFORNIA GAS COMPANY FOR PIPELINES PER INST. NO. 05-1207644 O.R., RECORDED 6/1/2001i. AN EASEMENT OF SOUTHERN CALIFORNIA EDISON COMPANY FOR OVERHEAD ELECTRICIAL & COMMUNICATION SUPPLY SYSTEMS PER INST. NO. 06-1441523 O.R., RECORDED 6/29/2006. SCALE: 1"=100' a 9,Ii�pOAq' / 1 FD. BRASS DISK, IN WELL MONUMENT, 1 NO REF. ACCEPTED AS C.L. INT. FD. SPIKE & WASHER, STAMPED CAL TRANS, FLUSH, NO REF. F, ACCEPTED AS B.C. A \ x app 9pry� n`AGI xs� \ cp ,Sp ., PARCEL 2 DATA SHEET 3 OF CURVE RADIUS _DELTA ANGLE ARC LENGTH LINE BEARING Cl 23.00' 34'36'58" 13.90' U N 3755'03" W C2 27.00' 21'42'44" 10.23' L2 51'58'59" W C'3 7.3.00' _ 1439'IO'" _ L3 _N N 38'01'Ct" E C4 23.00' 39'56'25" 16.03' L4 N 51'58'59" W C5 23.00' 04'09'12" _ 1.67' L5 N 38'01'01" E C6 369.00' 10'06'47" 65.13' L6 N 65'58'30" W C7 26.00' 53'39'54" 24.35' 24'Oi'30" E CS 379.00' 04'0419" 26.94' _17 L8 _N N 65'58'30" W C9 95.00' 44'06'08 73.12' L9 N 24'01'30" E CIO 293.00' 19'58'44" 102.17' LIC N 48'28'40" W C11 23.00' 93'28'25" .37.52' L11 N 41'31'20" E C12 123.00' 22'21'53" 48.01' L12 N 42'10'53" E C13 147.00' 1733'40" 45.06' L13 N 37'55'03" W C14 1095.81' 0438'32" _ 88.79' L14 N 37'55'03" W C15 1079.81' 00'35'02" 11.00' L15 N 45'59'46" W C76 427.00' _ 11'12'26" 83.52' 1 L16 N 4:137'31" E C17 85.00' 23'49'21" 35.34' L17 N 24'01'30" E C18 258.00' 19'58'44"' 89.96' 118 N 24'01'30" E C19 85.00' 17'10'45" 25.49' L19 N 6558'30" W C20 1095.81' 05'29'36" 105.06' L20 N 42'10'53" E C21 25.00' 19'38'16" 8.57' L21 N 48'2840" W C22 25.00' 52'52'45" 23.07' L22 N 41'31'20" E C23 25.00 35'41'58" 15.58' 1-23 N 48'2B'4D" W C24 50.00' 28'35'49" 24.96' L24 N 41'31'2D" E C25 100.00' 19'04'13" 33.28' L25 N 48'28'40" W C26 25.00' 485637' 21.21' L26 N 41'31'2D" E C27 23.00' 19'05'21" 7.66' L27 N 48'28'40" W C28 195,00' 0,597'44" 18.02' L2_8 L29 N 41'31'20" E N 24'20'35" E C29 1095.81' 00'4721" 15.09' C30 14TO0' 11'24'00" 29.25'______ L30 N 04'42'21" E C31 147.00' 04'30'13" 11.55' L31 N 24'20'35" E C32 90.00' _ 70'3822" 110.96' L32 N 41'31'20" E C33 45.00' 53'21'45" 41.91.' L33 14 70'0708" E C34 133.00' 44'01 _ 102.37' L34 N 51'02'54"E C35 32.00' 108'43'44" 60.73' L35 N 70'28 15" W 836 260.00' 73'34'20" 61.59' L36 N 70'28'15" W C37 256.00' 19'52'41" 88.82' L37 N 71'50'15" W C38 12.50' 90'00'00" 19.63' L38 N 87'06'44" W C39 12.50' 96'24 24" 21.03' -1-39- LA040 ` N 8TD6'44" W N N 83'35'50" W C40 400.00' 19'58'44". 139.48' C41 400.00' 29'23'2.9" 205.19 L41_ N 73-26'D7" W C42 400.00' 172621 121 75 _ L42 N 52' 10'00" W C43 268.56' 12744'20" 598.74' L43 --I--57 '27'44" W C44 116.00' 44'06'08" 89.29' L44 N 48'00'00" W r Ei ,ya0j/ p �? oO. 40 /OXgY ' °i /p' C27 / / �a/ /Q -P L45 N 61'48'00" W L46 N 76'53'47" W L47 N 46'28'40" W L48 N 01'53'38" W L49 N 45'59'46" W LSO N 00'00'00" E L51 N 41'31'20' E L52. N 48'28'40" W L53 IJ 41'31' 02 E LS_4 N 48'28'40" W L55 N 25'16'30" E L5 N 45'59'46" W L577 N 4559'46" W 1.58 N 24'01'30" E L59 _ N 49'58'09" E L60 _ N 01'53'38" W L61 N 45'59'46" W L62 N 38'0101" E IS CRES PARCEL MAP Nos IN THE CITY OF DIAMOND BAR 61702 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. PFEILER & ASSOCIATES ENGINEERS, INC. MARK P. PFEILER MARCH 2006. DETAIL SHEET .E, p1 / 0., R=1147'31' O �s d D=00'0234" �- 00. . / \G O�9g Chco, PARCEL p II �/PJP olo °S PARCEL 2 'ST. S*' Ll' LINE OF INST. NO. O.R. 95-1383206 O.R. REC. 8/24/95. ETAIL='A_ N.T.S. RQ Sp N56R081AILl"W \ h�O POP 4.i '58'59"W ADIAL C5 O� .h6«i�/ `?!�•// SW'LY LINE OF INST. hh/ y�0 ���5y/�P/• �`0'� h�01 ,4, /NO. 05-1361141 O.R. REC--6�19/05. �J 0 lb / 2" IP.., RCE 14814, yti^ FLUSH, PER TRACT N0. �y y p 42536, ACCEPTED AS ,l� �'S^9 E.C. yL a NOT A PART SW'LY LINE OF INST. N� 95-138.3206 O.R. REC. 8/24/95. PARCEL 2 \7�"Wl, N62'28'1RADIA N.42' 10'53"E. C3-- C,L. OF 9K. 4706/125 DDS 1 ESTABLISHED 9Y CENiER OF 611 ER3 N87'07'17' 1�_ zs7.os' SW'LY L[NE OF INST. NO. �� 05-1361141 O.R. REC. 6/10/05. per/ SHEET 4 OF 4 5,L7361N4100.R.SREC�- 6/10/U5. i QPM GRAND AVENUE TO RE �--- TO THE CIN OF DIAM( / / / P °°h\D 1& 3 e� /q. o'DETA L eE• DETAIL �Po kl0j" BELOW�A --.1"-C27 A C4-�rN xR 3 RADIAL NO2'01'2 R PARCEL 1 DETAIL "B" . N.T.S. / / NOT A PART PARCEL 3 1/1 /R t'/ 4 � N6's•3a � `SGy-JOk, R o N6S 'O0•'9S _4430 (�d e4y, �Y 996 s9 S9. \ s AmjY A2gJ G \` h/ FLUSH, PER LACOSHER. SH, p Hs`�30 ENC. FS 4408/22, TIES GONE, ACCEPTED AS E.C. 2H C11 JAss- h� 2 k 2 �' � .o r�®\I E 2 / / NOT A PART PARCEL 3 1/1 /R t'/ 4 � N6's•3a � `SGy-JOk, R o N6S 'O0•'9S _4430 (�d e4y, �Y 996 s9 S9. \ s AmjY A2gJ G \` CITY COUNCIL Agenda # _ 6-16 Meeting Date: Jan 16, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Authorize the City Manager to enter into greement with TMG Communications, Inc. to develop a ublic education and community outreach program ($80,000). RECOMMENDATION: Authorize City Manager to enter agreement. FINANCIAL IMPLICATION: There are sufficient funds in the FY 2006-07 budget for this contract. DISCUSSION: The City Council has a number of economic development projects on its goals and objectives for FY 2006-07. In order to achieve these goals, it is important to gather information from the community. Over the past several weeks the City Manager and Assistant City Manager interviewed several public relation firms and solicited proposals from 3 separate firms. After reviewing the proposals and interviewing the firms, it is recommended that the City award the contract to TMG Communications, Inc. for an amount not -to -exceed $80,000. This amount includes the services from TMG and reimbursable expenditures such as postage, printing and other necessary expenses. The methodology proposed by TMG Communications, Inc. for the development of the community outreach program and gathering input from the community includes a telephone survey, toll-free hotline, community meetings, website information, and direct mail. TMG Communications has a proven track record of similar projects in other communities and the project team leader, Kristine Scott, has many years of experience in the field and has been associated with many successful projects. PREPAmP,Et��Y: David Doyle, Assistant City Manager Agenda # 6.17 Meeting Date: January 16, 2007 CITY COUNCIL :;.,' r Ir"` AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mang Le TITLE: Approve an Amendment to Fisc Year 2006-2007 Community Development Block Grant (CDBG) Program to Reallocate and Appropriate $150,000 of Prior Year CDBG Funds for the Home Improvement Program (HIP) to a Total of $266,197 and Adopt Resolution No. 2007 -XX RECOMMENDATION: Approve the 2006-2007 CDBG program allocation amendment, appropriate the funds into the 2006- 2007 City Budget, and adopt the Resolution. BUDGET IMPLICATION: The amendment will be incorporated into the City's Fiscal Year 2006-2007 CDBG Program Budget and will increase the total allocation for the Home Improvement Program to $266,197. The additional $150,000 will be allocated to the Home Improvement Program from HIP funds carried over from the FY 2005-2006 CDBG program year, HIP loan repayments and unexpended project funds from the previous program year. BACKGROUND: On January 17, 2006, the City Council approved Fiscal Year 2006-2007 Community Development Block Grant (CDBG) Program Funding in the amount of $383,090 which included an allocation for the Home Improvement Program (HIP) of $116,197. Financial close-out of the FY 2005-2006 CDBG Program for the period ending June 30, 2006 has been finalized by the Los Angeles County Community Development Commission (CDC). The City may utilize unexpended CDBG funds from the FY 2005-2,006 project balances to implement new projects and/or supplement on-going projects that are not subject to funding caps. Public service projects and CDBG administration are not eligible for additional funding from the unexpended balance of funds. However, HIP is eligible, under the CDBG regulations, to receive reallocated funds. DISCUSSION: On December 3, 2002 the City Council approved the establishment of a Home Improvement Program to provide housing rehabilitation assistance to qualified low and moderate -income households. CDBG funds are allocated to HIP on an annual basis. For FY 2006-2007, HIP has been allocated $116,197 in CDBG funds to provide grants of up to $5,000 and deferred loans of up to $10,000 for improvements and repairs. Emergency grants up to a maximum of $2,000 are also available on an as needed basis. HIP funds are utilized for exterior property improvements and for repairs to alleviate health and safety issues and to correct code violations. In addition HIP funds may be used to improve home access to disabled persons and for the removal of lead based paint hazards. Currently, there are 5 projects in the construction phase, 4 projects in the pre -construction phase and 6 projects in -the bid phase. In addition, there are 12 homeowners, who have requested assistance through HIP, on the waiting list. With the additional funds, home improvement assistance could be provided to those applications that are on the waiting list. The allocation of $266,197 will provide funding for the rehabilitation of an estimated 18 projects (6 in bid phase and 12 on waiting list). It is recommended that the City Council approve the increased allocation of CDBG funds for HIP. City staff will execute the CDBG documents required for the implementation of the project. Prepared by: Nancy FYng, AI Community Dei Attachment: Resolution 2007 -XX Director 2 Reviewed by: s Dave Doyle Assistant City Manager RESOLUTION 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2006-2007 TO PROVIDE ADDITIONAL FUNDING FOR THE HOME IMPROVEMENT PROGRAM (HIP) WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar receives an allocation of Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals; and WHEREAS, the general exterior improvements to single-family owner -occupied dwelling units and home improvements to mitigate building, zoning, health, and 'safety code deficiencies and/or violations meet the CDBG eligibility criteria for project funding; and WHEREAS, the Home Improvement Program provides grants and deferred loans to low and moderate income homeowners for the necessary improvements and repairs; and NOW, 'THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the 2006-2007 Program Year shall be amended to provide an additional $150,000 in CDBG funding for the Home Improvement Program increasing the total HIP budget to $266,197. Section 2. That the City Manager or his designee is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles Community Development Commission that are required for the implementation of the project set forth herein. Section 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 16th day of January, 2007 Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2007- was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 16th day of January, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar, California 4 CITY COUNCIL Agenda # 7.1 Meeting Date: January 16, 2007 AGENDA REPORT TO: Honorable Mayor and Members f e City Council VIA: James DeStefano, City Manae TITLE: Consideration of General Plan Ame dment No. 2005-01, Zone Change No. 2006-03, Development Agreement 2005-01, Specific Plan No. 2005-01, Vesting Tentative Tract No. 063623, Conditional Use Permit No. 2005-01, Development Review No. 2005-27 and Tree Permit No. 2005-06, pursuant to the Subdivision Map Act, City's Subdivision Ordinance (Title 21) and Development Code (Title 22, Sections 22.22, 22.38, 22.48, 22.58, 22.60, 22, 22.70, and 22.62). The proposed project consists of a 99 -unit single- family residential subdivision, a public park and open space areas on approximately 34.52 acres, located on property south of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. (Related File: Environmental Impact Report No. 2005-01). CONTINUED FROM DECEMBER 19, 2006 RECOMMENDATION: Staff recommends that the City Council open public hearing, receive additional public testimony and continue the hearing to February 6, 2007. BACKGROUND: On December 19, 2006, the City Council conducted a public hearing on the project. After receiving public testimony, the City Council voted unanimously to adopt Resolution No. 2006-78 certifying the EIR for the project. The Council did not take action on the remaining entitlements and voted to continue the public hearing to the regular January 16, 2007 meeting. DISCUSSION: At the December 19, 2006 public hearing, sixteen persons spoke on the project. Of those, seven persons, including the applicant, spoke in favor of the project. Nine persons were either opposed or expressed concerns with the project. Issues raised included traffic, landslide hazards, project density, and housing product. All of those issues have been addressed in the Planning Commission report dated November 20, 2007. Additional issues discussed by the public are listed below: A Traffic impact on Morninq Sun Ave and Shepard Hills Rd.: A full discussion of traffic from the Morning Sun Avenue gate generated by the project is included in November 20, 2006 Planning Commission memo. To lessen the impact on the Rowland Heights side of the project, several members of the public recommended that the project traffic be restricted at this gate at the December 19, 2006 meeting. B Pathfinder Homeowner's Association: At the December 19, 2006 meeting, a representative of Pathfinder Homeowner Association (HOA) related that a portion of the project site is governed by the Pathfinder HOA CC&Rs and that the project had not received prior HOA approval. Per the City Attorney, the HOA issue is a private matter between the individual parties and should not be a part of the Council's consideration of the project. The applicant indicated that they will be working with the association to resolve the matter. The City Council, after considering the input from the public, directed staff to prepare additional condition that restricts the access off Shepherd Hills Road and Morning Sun Avenue to exit only. The proposed condition will read as follows: The access off Morning Sun Avenue and Shepherd Hills Road shall be limited to exit only. Appropriate signs shall be posted and the gate shall be programmed for exit only. The detailed design of the gate and the posted sign shall be submitted for Community Development Director review and approval prior to issuance of building permits. City staff has requested additional traffic studies. The applicant's consultant is working on updating the traffic information. At the writing of this report, the requested information is not available; therefore, staff with the consent of the applicant, is requesting a continuance of the project to the February 6, 2007 meeting. A Prepared B &velopnt ICP Reviewed By Dave Doyle Community rector Assistant City Manager Attachments: Exhibit "A" — site plan, landscape plan, architectural elevations, grading plan and vesting tentative tract map Agenda # 7 . ;2 Meeting Date: January 16, 2007 CITY COUNCIL �` AGENDA REPORT TO: Honorable Mayor and Memksthe City Council FROM: .James DeStefano, City MaTITLE: RESOLUTION NO. 200ROVING THE COMMUNITY DEVELOPMENT 13LOCK GRANT PROGRAM ALLOCATION OF $371,372 FOR FISCAL YEAR 2007- 2008 RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and adopt the Resolution. BUDGET IMPLICATION: Funding for the CDBG Program is received from the Federal Government. Approval of the 2007- 2008 CDBG budget will be incorporated into the Fiscal Year 2007-2008 City Budget. The CDBG Program does not impact the City's General Fund budget. BACKGROUND: By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles County Community Development Commission — Community Development Block Grant (CDBG) Program. The CDBG Program was established through the Housing and Community Development Act of 1974. The primary program of each grantee under the Title is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Eligible CDBG projects are those that meet one of the following national objectives for the program: • Benefiting low and moderate income persons; • Addressing slums or blight; or • Meeting a particular urgent community development need. The projects must also meet one of the eligible activity categories; acquisition of real property for an eligible use; ;acquisition, construction, and rehabilitation of public facilities; demolition and clearance of deteriorated buildings; community service for low and moderate -income households; removal of barriers that restrict the mobility for elderly or disabled persons; or special economic development activities. Funds may be used for a variety of community development activities such as public services, administration and public works projects. The funds may only be used within low and moderate - income census tracts (of which the City has none) and/or to benefit low and moderate -income persons and/or presumed eligible persons (elderly or disabled). The Los Angeles County Community Development Commission (CDC) has determined that the City of Diamond Bar's preliminary CDBG allocation for Fiscal Year 2007-2008 is approximately $371,372 for the implementation of eligible CDBG projects. In the event that actual CDBG funding levels vary from the $371,372 estimate, the City may adjust the proposed projects and budgets accordingly. The City's approved projects and budget must be submitted to the Los Angeles County CDC by February 1, 2007. The City of Diamond Bar's projects and budget will ultimately become part of the Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban Development (HUD). DISCUSSION: Prior to approval of the programs and budget, a public hearing is required to receive and consider citizen input on the proposed CDBG Program. The public hearing has been advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin. Additionally, the City sent Request for Proposals to all interested organizations regarding the availability of CDBG funding. Based on the proposals received by non-profit agencies and City Departments, past history of applicants and the availability of funds, funding recommendations have been developed. Prior to a project being funded, eligibility is determined and the sub -recipients must meet the Federal regulations/requirements. The City provides support to the projects that receive funding with technical assistance and monitoring to insure compliance. The City is responsible for overseeing the operations of all the sub -recipient supported activities including compliance with all applicable Federal requirements and for monitoring the achievement of performance goals. As part of the application process, the City must describe the programs that are currently being implemented and how those programs are meeting the goals and objectives that have been established b,y the City. CURRENT CDBG PROJECTS AND ALLOCATIONS FOR 2006 - 2007 PROGRAM YEAR YMCA Childcare ($22,367) - To provide pre-school child care and after school childcare for up to twenty (20) children from low and low -to -moderate income families each month. The YMCA has provided childcare for twenty (20) children. YMCA Day Cramp ($5,000) - To provide summer/off track day camp for up to twenty (20) children from low and low -to -moderate income families. The YMCA has provided summer day camp for seventeen (1 'IT) children. 2 Senior Programming ($28,338) - To provide senior activities including information and referral, physical mobility classes, nutrition classes, seminars, arts and crafts, game days, senior excursions, and special events. General Insurance has been purchased for the senior groups utilizing the Heritage Park Community Center and Diamond Bar Center. Program Administration ($37,137) - Program administration funds are used for overall program management, coordination, monitoring, reporting, and contract compliance services. The CDBG program is being implemented by City staff with assistance from our consultant - Diana Cho and Associates. Home Improvement Program ($116,197) - To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for necessary home improvements as well as repairs to mitigate building and safety code deficiencies and/or violations. The Home Improvement Program is administered by the City's consultant - LDM Associates, Inc. Three (3) rehabilitation projects are in progress, six (6) projects are in pre -construction and five (5) rehabilitation projects have been completed. The initial approved allocation for FY 2006-2007 is $116,197. Because there were available HIP funds carried over from the FY 2005-2006 CDBG program year, HIP loan repayments and unexpended project funds from the previous program year, the City Council will be considering the approval of re -allocating an additional $150,000 to the HIP during tonight's meeting. An estimated 18 houses will be rehabilitated under the Home Improvement Program. Paint the Town ($10,000) - To assist the Diamond Bar Improvement Association (DBIA) in the exterior rehabilitation of five (5) homes. Paul C. Grow ADA Retrofit Project ($131,831) — To provide for the construction of ADA retrofit improvements at Paul C. Grow Park. Preparation of construction bid documents are in progress. Curb Ramp Installation ($201,258) — To provide for the construction of curb ramps at several intersections in the vicinity of various elementary schools. A Request for Proposal has been issued to hire an engineering firm to prepare plans and specifications for this project. PROPOSED PROJECTS AND ALLOCATIONS FOR THE 2007-2008 PROGRAM YEAR In preparation for the 2007-2008 CDBG grant allocation process, the City published a public notice announcing the availability of CDBG funds and mailed letters with applications to all existing sub - recipients and interested parties requesting proposals for use of the CDBG funds. Based upon Federal regulations, CDBG funds must be allocated and expended within three (3) years. In addition, cities are strongly encouraged by the CDC to allocate all monies as soon as feasible. The following distribution of funds is based upon an allocation of 15% toward Public Service projects, 75% toward Public Works and 10% for overall general administration. 2007-2008 Public Service - (15%) - $55,705 During Fiscal Year 2006-2007 a total of $55,705 was allocated for Public Service projects. The Public Service cap for Fiscal Year 2007-2008 remains at $55,705. City Senior Program FY 06-07 $ 28,338 Total Requested $ 71,625 Recommend $ 28,338 The City's Senior Program includes special events, Friday Bingo, and the Senior Coordinator's position for referrals and coordination between groups. As in prior years, the Senior Program proposes to combine and include several of the activities and supplies as requested by the Diamond Bar Senior Citizens Club, Diamond Bar Chinese Evergreen Senior Association, Sunshine Seniors Group, and Diamond Age Senior Citizen Association such as: • Diamond Bar Senior Citizens Club - $2,700 Requested liability insurance and funding for supplies and printing for weekly meetings. • Chinese Evergreen Senior Association - $16,800 Requested liability insurance and funding for sick/elderly visits, medical seminar, classes for seniors, and monthly meetings and activities. • Sunshine Senior Group - $900 Requested liability insurance. • Diamond Age Senior Citizen Association - $10,000 Requested liability insurance and excursion program. The amount of funds requested for Senior Programming has typically exceeded the CDBG public service projects allocation. For FY 2007-2008, the additional funds required for the City's Senior Program will be paid through the Community Services budget as in prior years. The requested use of FY 2007-08 CDBG funds is identified in the attached memo from Community Services Director Bob Rose and is summarized below: City Senior Program Senior Coordinator $20,000 Special Events $16,675 Supplies $ 4,550 Senior Clubs $ 1,000 each for Liability Insurance for their programs $ 700 each for Program Support Since the City will not receive any increase in CDBG funding for FY 2007-2008, it is recommended that Senior Programming be funded at the same funding level as the current year in the amount of $28,338. Diamond Bar YMCA Childcare FY 06-07 $22,367 Request $25,000 Recommend $22,367 To provide after school childcare for twenty (20) low and moderate income children monthly. The project allows for parents to work while their children are in a safe environment. Funding at the current level is recommended for FY 2007-2008. El Diamond Bar YMCA Day Camp FY 06-07 $ 5,000 Request $10,000 Recommend $ 5,000 To provide full day care for up to thirty (30) children during the summer, holidays and student free school days. Funding at the current level is recommended for FY 2007-2008. Public Service Sub -total Request Recommend 2007-2008 Administration — 10% $37,137 Program Administration $106,625 $ 55,705 FY 06-07 $37,137 Request $37,137 Recommend $37,137 To provide reimbursement to the City for CDBG program administration and contract compliance services. 2007-2008 Public Works and Housing — 75% $278,530 Home Improvement Program FY 06-07 $116,197 Request $150,000 Recommend $138,530 To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for necessary home improvements as well as repairs to mitigate building and safety code deficiencies and/or violations. Paint the Town FY 06-07 $10,000 Request $ -0- Recommend $ -0- The Diamond Bar Improvement Association is not requesting CDBG funding for FY 2007-2008. Curb Ramp Installation FY 06-07 $201,258 Request $100,000 Recommend $ 90,000 To provide ADA accessibility to existing sidewalks through the construction of ADA compliance curb ramps at various intersections in the vicinity of Quail Summit Elementary School and Paul C. Grow Park. Design for ADA Retrofit Improvements Sycamore Canyon Park -Phase IV FY 06-07 $ -0- Request $60,000 Recommend $50,000 5 To provide for design, plans and specifications required for ADA retrofit improvements in the restrooms at Sycamore Canyon Park. Public Works and Housing Sub -total Request $310,000 Recommend $278,530 TOTAL 2007-2008 CDBG FUNDS REQUESTED $453,762 AVAILABLE / RECOMMENDED $371,372 The purpose of the public hearing is to solicit public testimony and receive presentations from the public service organizations requesting funds. It is an opportunity for the City Council to question the proposed public service organizations as well as City staff regarding the applications under consideration. Prepared by: Nancy Fo�, AICP/ Communi Devel gment Director Attachments: Reviewed by: Dave Doyle Assistant City Manager Matrix of Projects / Recommended Funding Options Resolution 2007 -XX CDBG Project Applications Memo from Community Services Director 2 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 2007-08 PROGRAM YEAR City of Diamond Bar Community Senior Services $28,338 Services Diamond Bar Senior Senior Services Included in City Club Request $41,225 $28,338 $2,700 Included in City Request Sunshine Senior YMCA Senior Services Included in City $900 Included in City Club Request Request Evergreen Senior Senior Services Included in City $16,800 Included in City Club Request Request Diamond Age Senior Senior Services Included in City $10,000 Included in City Club Request Request Child Care $22,367 $25,000 $22,367 Diamond Bar/ 1 Day Camp $5,000 $10,000 $ 5,000 vv a nut Sub -total $55,705 $106,625 $55,705 ADMINISTRATION $37,137 10% CITY OF DIAMOND Admin. $37,137 $37,137 $37,137 13AR Sub -total $37,137 $37,137 $37,137 7 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 2007-08 PROGRAM YEAR Agency Service'Provided City Council Allocated Requested Funds 07-08 City :Staff Council Recommendations 06-07 Allocation Public Works 75% $278,530 City of Diamond Home Bar — Community Improvement $116,197 $150,000 $138,530 Development Program $201,258 *Includes City of Diamond Curb Ramp carry-over $100,000 $ 90,000 Bar — Public Works Installation funds from prior year City of Diamond ADA Retrofit Bar — Community Improvements $_0_ $ 60,000 $ 50,000 Sycamore Canyon Services Park — Phase N $131,831 City of Diamond ADA Retrofit *Includes Bar — Community Improvements carry-over $-0- $_0_ Services Paul C. Grow Park funds from prior year Diamond Bar Improvement Paint the Town $10,000 $-0- $-0- Assoc. Sub -total $459,286 $310,000 $278,530 Total $552,128 $453,762 $371,372 Interoffice MEMORANDUM To: Nancy Fong, Director of Community Development From: Bob Rose, Community Services Director Date: November 27, 2006 Re: CDBG Request for 2007 / 08 FY — Community Service Dept. Request for Public Works Funds CDBG Public Works funding Request from Community Services Department: Design (Plans and Specifications) for ADA Retro -fit Improvements at Sycamore Canyon Park — Phase IV (Design revisions necessary to make existing restrooms ADA accessible): $60,000 Grand Total Public Works funding Request (Sycamore Canyon Park — Phase IV) $60,000 Please let me know if you need additional information on this project at this time. Note: CDBG request for senior services will be submitted closer to the December 5, 2006 deadline. Cc: James DeStefano, City Manager Interoffice MEMORANDUM To: Nancy Fong, Community Development Director From: Bob Rose, Community Services Director Date: December 5, 2006 T5/ -t9 Re: CDBG Recommended Allocation for Senior Programs — 2007/08 Fiscal Year Community Services staff has reviewed the requests submitted for the allocation of CDBG funds for the 2007/08 FY and recommends the following allocation: 1. City Senior Program: a. Special Events $16,675 b. Bingo Supplies S4,550 c. Senior Coordinator $20,000 $41,225 Note: Remainder of City Senior Programs costs will be submitted in the proposed 2007/08 FY General Fund budget for review and consideration. 2. Diamond Bar Senior Citizens Club: a. Liability Insurance $1,000 b. Program Support $700 $1,700 3. Chinese Evergreen Senior Association: a. Liability Insurance $1,000 b. Program Support $700 $1,700 4. Sunshine Seniors Group: a. Liability Insurance $1,000 b. Program Support $700 $1,700 5. Diamond Age Senior Citizen Association: a. Liability Insurance $1,000 b. Program Support $700 $1,700 Note: CDBG funds for senior organizations are held by the City and paid as reimbursement after required documentation demonstrates CDBG eligibility of expenses. Grand Total Recommended Senior Allocation: $48,025 CITY OF DIAMOND Bim, - - COMMUNITY DEVELOPMENT BLOCK GRANT } _ REQUEST FOR PROPOSALS =� 2007-2008 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: December 5, 2006 5:00 p.m. APPLICATION SUMMARY Organization: DTAMOND BAR SENIOR CITIZENS CLUB F roject Name: Entertainment Amount Requested: $2700 Diamond Bar Center, 1600 Grand Ave., Diamond Bar Location of Project: Promote good companionship, entertainment Funds would be used to: and recreation for senior citizens. GENERAL INFORMATION Organization Address: 16QO Grand Ave. City:- Telephone/FaxNumber• 909-839-7068 E-mail Address: ContactPerson/Title: Thomas Wuetcher - President Officials authorized to represent organization and expend funds: 7vame: Thomas Wuetcher Title: President Name: Mary Woolf Title: Treasurer Diamond Bar 17ederal LD Number/Non-Profit Status: 95 3330474 This application is proposing a new existing project. (check). ]Has the project received past funding from the City of Diamond Bar? Yes Ilf yes, please identify the year/amount and source of funding: 1999/2000—$2183—CDBG 2000/2001, 2001/2002, 2002/2003 $263 each year—$263—CDBG 2003/2004 $268, 2004/2005 $508, 2005/2006 $500, all CDBG 2006/2007 $700 CDBG GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished Nvith the requested funds. 1. Liability insurance for the Diambond Bar Senior Citizens Club. 2. Kitchen supplies for weekly meetings. 3. Printing for Club membership books, by-laws and membership cards. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. To promote good entertainment and recreation and the opportunity to participate in senior activities. The age group of those served is primarily over 60 years of age. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Primary target area is Diamond Bar but includes some nearby surrounding areas. :PROJECT CLIENT PROFILE :Diamond Bar clients assisted in previous year: 365 'Diamond Bar clients assisted which meet the low/moderate income requirements: :Diamond Bar clients expected to be assisted in new project year: 300 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic 'background. Relate how the project will meet the federal requirements of benefiting low/moderate income pMent population characteristics are both male and female over 55 years of age with a mix of ethnic background mainly living on a fixed income. The project will serve and provide community service for low and moderate income persons and address the community developement objectives the City proposes to pursue. Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. 1. See attached request for 2007/2008. 2. See attached Club budget for 2007. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. S i tore: Title: Pl� Es I E Al l' Date: %% — �,2 e- ,? 0,0 & DIAMOND BAR SENIOR CITIZENS CLUB REQUEST FOR PROPOSAL 2007-2008 1. Liability Insurance $500.00 2. Kitchen Supplies for weekly meetings. $1400.00 Coffee, napkins, cups, paper plates, plastic forks, knives & spoons, creams & sugars. 3. Printing -Club Membership book, by-laws and membership cards. $800.00 Total request for 2006-2007 $2700.00 PROJECTED BUDGET 2007 RECEIPTS $900.00 $240.00 Dues _ 50/50 Bingo $2,700.00 $3,600.00 $1,200.00 Pull Tabs $3,060.00 Daubers $300.00 City Birthday Club Activity $350.00 CDBG Funds -Club Liability Ins. $500.00 Weekly Meeting Goodies Birthday Cakes $960.00 $840.00 TOTAL RECEIPTS $11,710.00 EXPENDITURES Lunches $1,331.00 50/50 Tickets $125.00 Binao Sunnlies $1,200.00 Pull Tabs Daubers $900.00 $240.00 City Birthday Club Activity $100.00 CDBG Funds -Club Liability Ins. $500.00 Miscellaneous $1,100.00 Entertainment $600.00; Gifts $450.00 Weekly Meeting Goodies Birthday Cakes $960.00 $840.00 Bread Pickup $600.00 Memorial /Cards $480.00 Kitchen Supplies $1,400.00 Film $84.00 Printing (Membership Cards, Books & By -Laws) $800.00 TOTAL EXPENDITURES $11,710.00 City of Diamond Bar 21825 November 8, 2006 Drive Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 2007-2008 PROGRAM YEAR All Interested Parties: The City of Diamond Bar is currently accepting applications for the 2007-2008 Community Development. Block Grant program year. If your organization has a program or project that qualifies for Community Development Block Grant (CDBG) funding, the attached application must be completed and returned to the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, 91765, by December 5, 2006. Federal regulations limit the different allowable activities that the City may undertake with CDBG funding. The City is expected to receive approximately $371,372 in funding. Fifteen percent (15%) or $55,705 can be allocated towards community public service programs/or projects. Ten percent (10%) or $37,137 can be allocated to the overall general administration of the program. The remainder of funding or seventy-five percent (75%) or $278,530 may be allocated towards public improvements, economic development and rehabilitation projects. To be eligible for CDBG funding, your program or project must meet the following three requirements: CDBG Eligible Activity — acquisition of real property for an eligible use; acquisition, construction and rehabilitation of public facilities; demolition and clearance of deteriorated buildings; community services for low and moderate income households; removal of barriers that restrict the mobility of elderly or handicapped persons; special economic development activities. ■ CDBG National Objectives — (1) Project must principally serve low and moderate income persons; (2) Project must eliminate slum and blight, or (3) Project must address a recent and urgent health and safety need. CDBG Letter Page 2 November 8, 2006 ■ The Project must address the Community Development objectives the City proposes to pursue. Groups/organizations requesting funding consideration under the City's CDBG program must submit a completed application form for each proposed project. This application requires detailed and specific information about the proposal. The City will use this information to determine if the proposal is eligible for CDBG funding. The City may conduct interviews with your organization to discuss your proposed project(s) and funding requests. The City of Diamond Bar will review all applications for funding at a City Council Public Hearing tentatively scheduled for January 16, 2007. if you should need any assistance or have questions on the CDBG Program or application process, please contact Nancy Fong, Community Development Director, or Diana Cho, CDBG Consultant, at (909) 839-7030. Sin Nancy Fondl Community bevelopment Director Application CITY OF DIAMOND BAR I 1 41 COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2007-2008 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: December 5.2006 5:00p.m. APPLICATION SUMMARY Organization: � � �' � M J _ GU'- Project Name: lir��(,G�iY► �1 }�rl?� P�u h Amount Requested: - Location of Project: , _ j GENERAL INFORMATION Organization Address: T',"Pp -dry o,- "PpTelephone/Fax Number E-mail Address: o) 41 Contact Person/Title: h ' d tr e resent or anization and expend funds: _ek Officials aut ortze o p g Name: L�� �/ Title: Name: -f', Title: Federal I.D Number/Non-Profit Status: 364 3e) This application is proposing anew existing _d—i�rcject. (check). Has the project received past funding from the City of Diamond Bar? L/ If yes, please identify the year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. / C11 6rSSeS e hd a 7`y1-( J� �lri�Tz. C��.t7�, ty { L� <` ` ✓�G //iE3��c� w y J Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. � 017 150 1;77 -eat f ire if��i� �i Ssc�i� dim, GJ'i/aZc{c 4r ;, ��/r! ! 6L �! �! �j � ✓.��(JJ ��/� <�19 (CTS ��� �7 ,`�`� d77%, �Lffhei}iCl �✓G✓� Ilti ! �'� CCS%y $� ?Z ly �l.�ti (�) �iN•� f1 �' yn� Gt `✓1, � 9 r � " % � N 1r ey �� s � s C �� " vC `�31C y + (Hi��'I%ll-Z � '�v ��✓��V t'i/C6�it� p a std es . Iden 6 and descpnbe the geographic boundaries of the target area. (Attach a map if appropriate). / vel-�W 7L -zrr� c'�-yJ%�/»d��/r. ��`� 'Z �,✓ . s .� ,,,-� c� .C.O�c.ti ; `�'� -�1�- tesy�d �% ..�'.hJ�±y.��r 7i � G/� s� `Z� �`i�,� , �'.� PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: Diamond Bar clients assisted which meet the low/moderate income requirements: l l Diamond Bar clients expected to be assisted in new project year: )001%' I CT , Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. / !g Is your organization familiar with the CDBG reporting requirements? /V1;' FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. �716 Signature: � Title: Date: CITY OF DIAMOND VAR- --5 I I I I COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS ...... °•" 2007-2008 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE APPLICATION December 5, 2006 5:00 p.m. M Organization: u- %%L%T /' Amount Requested: —,�� � " Project Name: _ h 0 1 17 _ Location of Project: — Funds would be used to: A 51� GENERAL INFORMATION / Organization Address: 2 % / 4lL� %N� City: Tel.ephone/Fax Number -C E-mail Address: Contact Person/"Title: Officials authorized to represent organization ,an_d expend funds: k / �G� izL /��V Title: Name: , Name: Title: Federal I.D Number/Non-Profit Status: This application is proposing anew existing project. (check). Has the project received past funding from the City of Diamond Bar? If yes, please identify the year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Identify and describe the geographic boundaries of the target area. ( Attach a map if approp PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: _7� Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Is your organization familiar with the CDBG reporting requirements? --7'� FINANCLAL INFORMATION f the roiect Include all items that CDBG funds are being requested to Please attach a proposed budget o p ] be used for. Include all other sources of funding and the total budget of the organization. //VV I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Title: Date:: CITY OF DIAMOND BAS ;, " -5 0 5 1 I COMMUNITY DEVELOPMENT BLOCK GRANT - = - REQUEST FOR PROPOSALS ^�b..2007-2008 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: December 5 2006 5:00 n•m• APPLICATION SUMMARY p, wi DFsO ikClri i lit'(i'1.L'�-� S I.�et�Li.f1 1 �0 Organization: ��A io, �r�v Project Name: ���� � tK� G'l-0vy_ - Amount Requested: � Location of Project: 5v�s�n��� T��% DEQ ir�o,fiaRS �Co 00 �tt2�TT1w�f� G�it�Se Funds would be used to: // ! 7y I CLQ I../ ,.. ._ 1 l A Ldp VA11 0,1,f � linvi i I- v lk; 12y,, GENERAL INFORMATION 1 � 7.0 0 t�a� � �+ � R � r� ►: city: Organization Address: 6,v -mail Address: Telephone/Fax Number - Contact Person/Title: Officials authorized to represent organization and expend funds: i Narne: L t u L t g I G C Title: '(2CA,U C� ! Name: &J Title: lac Gt17 K' l7 1 a Z—t T a (� Federal I.D Number/Non-Profit Status: This application is proposing anew existing ---project. (check). Has the project received past funding from the City of Diamond Bar? If yes, please identify the year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished _ with the requested funds. A + — f 11 z Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. a We, Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: N 0 Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Is your organization familiar with the CDBG reporting requirements? FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. v I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. signature: Title: Date: i CITY OF DIAMONDGRANT 40. COMMUNITY DEVELOPMENBOCK REQUEST FOR PROPOSALS 2007-2008 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as the organization o. This n and proposed projelication must be ctleted,may be d supplemental information regarding a g request is $10,000 per project. attached. The minimum fundin APPLICATION DEADLINE: December 5 2006 5:0_ 0 �.m. APPLICATION SUMMARY Organization: Cit of Diamond Ba Project Name: Seni or Prnarammi na Amount Requested: , Location of Project: Funds would be used to: Conduct senior ro rammin to enrich the lives ,,r -c Ac't,��,r�a� that ��ni�lri i��rinnc c=Prial a�tG, classes, seminars, dances, Bin§o and excursions. GENERAL INFO$1MATION City: n; amnna tsar Organization Address: 1 E-mail Address:bob - -- Telephone/Fax Number, d i 4mond—bad . c a. u s Contact Person/Title: Officials authorized to represent organization and expend funds: Title: Name: - - --- - Name: James DeStef ano Title: Cit Mana er Federal I.D Number/Non-Profit Status: This application is proposing a new existing -- X --project. (check). C Has the project received past funding from the City of Diamond Bar? YES If, yes, please identify the year/amount and source of funding: Funded annualy, most recently 20061" An'7 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Provide senior programming @or up to 320 pwrsons per day Develop and conduct a variety of recreation and informational classes, seminars and workshops which andmand conductthe erse referralneeds of the seniors in Diamond Bar. Exp ts of seniors in Diamond Bar. services based on reques Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Meet the human service and rec alaba�kgroundsnal s oTf a he agelgroup population with d ears of age and over. to be served would be 55 y Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). The primary service area is Diamond Bar. Neighboring communities and cities are serviced as well. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 7 0 5 2 _ Diamond Bar clients assisted which meet the lowimoderate income requirements -1 benefit Diamond Bar clients expected to be assisted in new project year: 8,815 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting lowlmoderate income persons. Is your organization familiar with the CDBG reporting requirements? —Y-E� FINANCIAL INFORMATION 11 items that CDBG please attach a proposed budget ofthe project. include duandde total budget of the organization. nds are mg requested to be used for. Include all other sources SEE ATTACHED funds are granted to our organization they will be used to benefit low and I hereby certify that if low/moderate income residents of thio isionsland federiamond ally required understand that �e formal agreement with the City will define other reporting p Signature: Title:. Date: CITY OF DIAMOND BAR Health Fair & Flu Shot Clinic Budget Discussion FY 07-08 $0.00 PROJECTED REVENUE $ 629.50 CDBG Funds $ 629.50 PROJECTED EXPENSES PERSONNEL SERVICES $229.50 Personnel $ 205.92 (3) Recreation Leader 1 (40030) Personnel Services $23.58 Worker's Compensation (40083) @ 6.16% $7.82 Medicare (40085) @ 1.45% $2.99 Social Security (40085) @ 6.2% $12.77 SUPPLIES - Operating Supplies (41200) $100.00 Projected Amount Paper Goods (001.5390-41200) $100.00 CONTRACT SERVICES - Community Services (45300) $300.00 Refreshments (001.5350-45300) $300.00 CONTRACT SERVICES - CDBG CITY OF DIAMOND BAR Senior Tea Time Dance Budget Discussion FY 07-08 PROJECTED REVENUE 150 x 8 $ 1,200.00 PROJECTED EXPENSES $ 1,829.50 CDBG Request $ 629.50 PERSONNEL SERVICES $229.50 Personnel (3) Recreation Leader 1 (40030) 6 x 11.44 Personnel Services Worker's Compensation (40083) @ 3.8% Medicare (40085) @ 1.45% Social Security (40085) @ 6.2% SUPPLIES - Operating Supplies (41200) Projected Amount $ 205.92 $ 23.58 $ 7.82 $ 2.99 $ 12.77 Decorations (001.5350-41200) $ 150.00 Prizes (001.5350-41200 $ 100.00 CONTRACT SERVICES - Community Services (45300) Music (001.5350.45300) $350.00 Refreshments (001.5350.45300) $1,050.00 $200.00 $1,400.00 CITY OF DIAMOND BAR Senior Luau Budget Discussion FY 07-08 PROJECTED REVENUE 150 x 10.00 $ 1,500.00 PROJECTED EXPENSES $ 2,429.50 CDBG Request $ 929.50 PERSONNEL SERVICES $229.50 Personnel (3) Recreation Leader 1 (40030) 6 hours Personnel Services Worker's Compensation (40083) @ 3.8% Medicare (40085) @ 1.45% Social Security (40085) @ 6.2% SUPPLIES - Operating Supplies (41200) Projected Amount $ 205.92 $ 23.58 $ 7.82 $ 2.99 $ 12.77 Decorations (001.5350-41200) $ 150.00 Prizes (001.5350-41200 $ 100.00 CONTRACT SERVICES - Community Services (45300) Music (001.5350-45300) $ 450.00 Refreshments (001.5350.45300) $1,500.00 $250.00 $1,950.00 CITY OF DIAMOND BAR Senior Valentine Dinner Dance Budget Discussion FY 07-08 PROJECTED REVENUE 150x12 $ 1,800.00 PROJECTED EXPENSES $ 2,829.87 CDBG Request $ 1,029.87 PERSONNEL SERVICES $229.87 Personnel (3) Recreation Leader 1 (40030) 4 X 11.44 $ 137.28 Personnel Services $ 15.72 Worker's Compensation (40083) @ 3.8% $ 522 Medicare (40085) @ 1.45% $ 1.99 Social Security (40085) @ 6.2% $ 8.51 SUPPLIES - Operating Supplies (41200) $275.00 Projected Amount Decorations (001.5350-41200) $ 175.00 Prizes (001.5350-41200) $ 100.00 CONTRACT SERVICES - Community Services (45300) $2,325.00 Dinner (001.5350.45300) $1,950.00 Music (001.5350-45300) $ 375.00 CITY OF DIAMOND BAR Cinco de Mayo Dance Budget Discussion FY 07-08 PROJECTED REVENUE 150 x 10 $ 1,500.00 TOTAL PROJECTED EXPENSES $ 2,152.99 �CDBG Request $ 652.99 PERSONNEL SERVICES $152.99 Personnel (3) Recreation Leader 1 (40030) 4 X 11.44 $ 137.28 Personnel Services $ 15.71 Worker's Compensation (40083) @ 3.8% $ 5.21 Medicare (40085) @ 1.45% $ 1.99 Social Security (40085) @ 6.2% $ 8.51 SUPPLIES - Operating Supplies (41200) Projected Amount $300.00 Decorations (001.5350-41200) $ 150.00 Prizes (001.5350-41200 $ 150.00 CONTRACT SERVICES - Community Services (45300) $1,700.00 Music (001.5350.45300) $ 350.00 Dinner 001.5350.45300) $1,350.00 CITY OF DIAMOND BAR Senior Multi Cultural Event Budget Request FY07/08 REVENUE PROJECTION: TOTAL GENERAL FUND BUDGET $ 1,128.81 PROJECTED EXPENDITURES $1,128.81 CDBG Request PROJECTED NET COSTS NNEL S Personnel (40030) 4 Recreation Leader II $9.77 x 9 hours Coordinator $25.00 x 9 hours Total Amount Buagecea: Amount Budgeted: $ 576.72 $ 351.72 $ 225.00 Personnel Services (40000) Amount Budgeted: $ 52.09 Worker's Compensation (40083) @ 3.8% $ 21.92$ 8.36 Medicare (40085) @ 1.45% $ 21.81 Social Security (40085) @ 6.2% SUPPLIES (41200) Operating Supplies (001.5350.41200) Amount Budgeted: Decorations (001.5350.41200) $ 500.00 628 0.00 CITY OF DIAMOND BAR Senior Bar-B-Que & Casino Night Budget Discussion FY 07-08 PROJECTED REVENUE 150x12 $1,800.00 PROJECTED EXPENSES $ 4,062.00 CDBG Request $ 2,262.00 PERSONNEL SERVICES $229.50 Personnel (3) Recreation Leader 1 (40030) 6 X 11.44 $ 205.92 Personnel Services $ 23.58 Worker's Compensation (40083) @ 3.8% $ 7.82 Medicare (40085) @ 1.45% $ 2.99 Social Security (40085) @ 6.2% $ 12.77 SUPPLIES - Operating Supplies (41200) $420.00 Decorations (001.5350-41200) $ 200.00 Prizes (001.5350-41200 $ 220.00 CONTRACT SERVICES - Community Services (45300) $2,212.50 Dinner (001.5350.45300) $2,212.50 CDBG CONTRACT SERVICES (125.5215.45300) Casino (125.5215.45300) $1,200.00 $ 1,200.00 CITY OF DIAMOND BAR Halloween Dinner Dance Budget Discussion FY 07-08 PROJECTED REVENUE 150 x 10.00 $1,500.00 PROJECTED EXPENSES $ 2,479.50 CDBG Request $ 979.50 ERSONNEL SE Personnel (3) Recreation Leader 1 (40030) 6 hours $ 205.92 Personnel Services $ 23.58 Worker's Compensation (40083) @ 3.8% $ 7.82 Medicare (40085) @ 1.45% $ 2.99 Social Security (40085) @ 6.2% $ 12.77 SUPPLIES - Operating Supplies (41200) Projected Amount $229.50 $250.00 Decorations (001.5350.41200) $ 150.00 Prizes (001.5350.41200 $ 100.00 CONTRACT SERVICES - Community Services (45300) $2,000.00 Dinner 150 x 9 $1,650.00 Music (001.5350-45300) $ 350.00 CITY OF DIAMOND BAR Senior Holiday Dinner Dance Budget Discussion FY 07- 08 PROJECTED REVENUE 150x11.00 $ 1,650.00 PROJECTED EXPENSES $ 3,029.00 CDBG Request $ 1,379.00 SER Personnel (3) Recreation Leader 1 (40030) 6 hours Personnel Services Worker's Compensation (40083) @ 3.8% Medicare (40085) @ 1.45% Social Security (40085) @ 6.2% SUPPLIES - Operating Supplies (41200) Projected Amount $ 205.92 $ 205.92 $ 23.58 $ 7.82 $ 2.99 $ 12.77 50 $ 350.00 Decorations (001.5350-41200) $ 200.00 Prizes (001.5350-41200 $ 150.00 CONTRACT SERVICES - Community Services (45300) $ 2,450.00 Dinner (001.5350.45300) $2,100.00 Music (001.5350.45300) $ 350.00 CITY OF DIAMOND BAR Oktoberfest Budget Discussion FY 07-08 PROJECTED REVENUE 150 x 10 TOTAL EXPENDITURES 'CDBG Request $1,500.00 $ 2,229.50 $ 729.50 PERSONNEL SERVICES $229.50 Personnel (3) Recreation Leader 1 (40030) 6 X 11.44 $ 205.92 Personnel Services $ 23.58 Worker's Compensation (40083) @ 3.8% $ 7.82 Medicare (40085) @ 1.45% $ 2.99 Social Security (40085) @ 6.2% $ 12.77 SUPPLIES - Operating Supplies (41200) Projected Amount $250.00 Decorations (001.5350-41200) $ 150.00 Prizes (001.5350-41200 $ 100.00 CONTRACT SERVICES - Community Services (45300) $1,750.00 Food (001.5350.45300) $1,350.00 Music (001.5350-45300) $ 400.00 CITY OF DIAMOND BAR Pirates Party Budget Discussion FY 07-08 PROJECTED REVENUE 150 x 10 $1,500.00 TOTAL EXPENDITURES $ 2,179.50 CDBG Request $ 679.50 PERSONNEL SERVICES $229.50 Personnel (3) Recreation (Leader 1 (40030) 6 X 11.44 $ 205.92 Personnel Services $ 23.58 Worker's Compensation (40083) @ 3.8% $ 7.82 Medicare (40085) @ 1.45% $ 2.99 Social Security (40085) @ 6.2% $ 12.77 SUPPLIES - Operating Supplies (41200) Projected Amount $250.00 Decorations (001.5350-41200) $ 150.00 Prizes (001.5350-41200 $ 100.00 CONTRACT SERVICES - Community Services (45300) $1,700.00 Food (001.5350.45300) $1,350.00 Music (001.5350-45300) $ 350.00 CITY OF DIAMOND BAR Senior Tea Luncheon & Fashion Show Budget Discussion FY 07-08 PROJECTED REVENUE 150x12 $ 1,800.00 TOTAL EXPENDITURES $ 2,894.93 CDBG Request $ 1.094.93 PERSONNEL SER Personnel $ 174.90 (3) Recreation Leader 1 (40030) 5 X 11.44 $ 174.90 Personnel Services $ 20.03 Worker's Compensation (40083) @ 3.8% $ 6.65 Medicare (40085) @ 1.45% $ 2.54 Social Security (40085) @ 6.2% $ 10.84 SUPPLIES - Operating Supplies (41200) Projected Amount 194.93 $350.00 Decorations (001.5350-41200) $ 200.00 Prizes (001.5350-41200 $ 150.00 CONTRACT SERVICES - Community Services (45300) $2,350.00 Luncheon (001.5350.45300) $1,950.00 Music -Entertainment (001.5350.45300) $ 400.00 CITY OF DIAMOND BAR Senior Bingo Friday w/Refresh Budget Discussion FY 07-08 PROJECTED EXPENSES $ 4,550.00 CDBG Request $ 4,550.00 SUPPLIES - Operating Supplies (41200) Bingo supplies (cards) (001.5350-41200) $1,650.00 Refreshments (001.5350-41200 $2,900.00 $4,550.00 CITY OF DIAMOND BAR Senior Coordinator/Senior Club Insurance Budget Discussion FY 07-08 PROJECTED EXPENSES CDBG Request $ 45,718.00 $ 45,718.00 PERSONNEL SERVICES- CDBG Salary 125.5215.40010 $ 41,280.00 $41,280.00 PROFESSIONAL SERVICES - CDBG $ 3,108.00 4 Clubs Liability Insurance 125.5215.44000 $ 3,108.00 TRAVEL- CONFERENCES (42330) $ 1,330.00 Bass Lake Conference (001.5350.42330) $ 880.00 CPRS Conference (001.5350.42330) $ 450.00 001.5350.42330 6;I - 1 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRAFT' '' REQUEST FOR PROPOSALS 2007-2008 Program Year Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000. APPLICATION SUMMARY Organization: _Diamond Bar/Walnut YMCA Project Name: YMCA CW]d rare (Ag_s3-.121 Amount Requested -_$25,0(10 Location of Project: 22600 Sunset Crossing Road, Diamond Bar CA 91765 Funds would be used to: Provide stop eau subsidized child care for boys andigirls ages 3 12 years from low and moderate income families We will be working with employers to help provide quality child care for their worker making minimum wage or slightly above We will also help assist these families in obtaining long term government subsidized child care Free W our money to help another family. GENERAL INFORMATION Organization Address: _22600 Sunset Crossing Road City Diamond Bar Telephone/Fax Number: 909/860-9622 909/860-3957 E-mail jtaylor(n� omonaymca org Contact Person/Title: Jane Taylor. CEO or Joyce McGregor Administrative Assistance Officials authorized to represent organization and expend funds: Name: Jane Taylor Title: CEO Name: Joyce McGregor Title: Administrative Assistance Federal I. D. Number/Non-Profit Status: 95-1641976 This application is proposing a new existing X project (check). Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of the funding: 1992-3 -$34,000; 1993-94- $26,000; 1997-98 -.$28,000; 1998-99 - $15,000; 1999-2000 - $15,000; 2000-01 - $15,000; 2001-02 - $$20,000; 2002-03 - $27,500; 2003-04 - $27, 500; 2004-05 - $18,375; 2005-6 $26,375; 2006-7 —22,367. GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Afterschool Tutorials - ( Kindergarten 7`6 grade) The YMCA offers an education enhancement Program which is designed to serve children from kindergarten through fifth grade. It provides youth with structured afterschool opportunities to do homework, engage in group discussions, participate in sports, and attend cultural events. Although so many after school child care programs elsewhere have had difficulty holding the attention of boys and girls beyond the fourth grade, the YMCA keeps the older children involved by offering activities which target their interest and are age-appropriate. Monday through Friday the children are picked up after school by the YMCA staff and transported to one of four nearby locations, where they are given a light snack. From 3:00 to 4:00 P.M., the children do their homework under the guidance of the YMCA staff. Group and one -on- one tutoring is provided for children having trouble with assignments. Serious difficulties with school work are reported to the parent(s). The YMCA staff works closely with the child's teacher and parents when providing any additional help. At 4:00 the children participate in 2 45 minutes enrichment activities. As with any YMCA programs, the YMCA School Age Curriculum is centered around the YMCA mission and program objectives. The YMCA mission is to put Christian principles into practice through programs that build a healthy spirit, mind, and body for all. Y programs, such as school age child care, are the tools YMCAs use to help participants experience the YMCA mission. hi school-age programs, mission activities look like this: Spirit refers to self-esteem and willingness to help others and the activities that develop these qualities. It also includes a sense of fun and a climate of positive energy. YMCA activities includes building strong inter -personal relationship skills, conflict resolution skills, and opportunities for success regardless of ability. Mind refers to learning and to activities that promote learning. YMCA activities include and encourage solving problems, using school -gathered knowledge, and having high expectations each time an activity is undertaken. Body refers to health and wellness and the activities that promote these qualities. YMCA activities include and encourage physical fitness and active games. The components of the school-age curriculum are character development, health and fitness, homework support, literacy, technology, social competence, and conflict resolution. Character development - In today's challenging and complex world, children need reinforcement of positive values even when they are away from home. YMCA school-age child care programs take character development seriously by incorporating the values of caring, honesty, respect, and responsibility into play, learning, and social activities. Through consistent teaching, modeling, reinforcement, and practice, staff help children demonstrate and accept positive values. Health, Wellness and Fitness - Building strong bodies is a part of the YMCA's history. Strong bodies five longer. Strong bodies are healthy and have organs that work better. YMCA school-age staff work closely with fitness staff to help design a program where children fully participate in health, wellness, and physical activities. This discipline is a powerful character building tool that builds an ethic of hard work and. goal setting. Young bodies develop better when good health habits and physical activity are a regular part of daily life. Homework Support- In YMCA homework centers, the program staff provides a time, place and support to help children complete homework. A strong program also provides resource -rich environments, introduces activities that build on what children learn in the school day, and if needed, may even provide tutoring and other support services. Literacy - a core component in the YMCA afterschool learning is just one way the YMCAs can help support a child's success in school without extending the school days with academic activities. Literacy includes reading, writing, speaking, gathering information, using information, thinking critically, understanding others, and expressing oneself. Social Competence and Conflict Resolution - Afterschool programs are a place where children feel safe, understood, respected and secure. When these basic requirements for healthy living and socializing are missing in a person's life, learning rarely takes place. Social competence and conflict resolution curriculum activities, when used regularly, helps make Y MCA programs emotionally and socially comfortable places to be. In school-age programs, staff help educate children in understanding natural .and logical consequences and encourage them to accept responsibility for their behaviors. They guide activities, giving children strategies for dealing with conflict when it comes their way, and help them develop socially acceptable ways of interacting with one another. The requested CDBG funding would help pay Child Care fees to enable children from low -moderate income families to enjoy the benefits of a safe, quality, affordable and fun place to be during their parent's working hours. Activities are planned and supervised, by caring YMCA trained staff. Program hours are from 6:30 AM — 6:30 PM Monday —Friday. CDBG funding will go directly to program fees. Each family receiving assistance is required to complete a financial assistance application with all necessary documentation (including proof of residence in the City of Diamond Bar) and is required to pay partial fees, contributing to a sense of pride and responsibility in providing care for their children. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. It has been widely documented that families and society have changed radically. The high divorce rate(over 50%), and the rise in the number of single household incomes, have resulted in a higher percentage of mothers entering the work force than any previous time in the nation's history. For a majority of working mothers, their absence from home is an economic necessity. For the poor, all problems are exacerbated and finding afterschool programs is no exception. Unable to afford quality care at all, parents living at the poverty level frequently leave their children in settings that range from inadequate to harmful. Raising a child is extremely difficult for a parent with a job outside of the home. It is more difficult yet for a parent with more than one child or a limited income. For parents, the child care issue does not go away when a child reaches school age. If anything, it intensifies. Sixty-nine percent of children have working parents. Options available today, for working families with infants, toddlers, and preschoolers, far exceed the choices available to school age children. The workday schedules and school hours almost never coincide. Where do children go when the bell rings at 2:15 and their parents will not be home for another three hours? Research suggests that the premature responsibilities of taking care of themselves may be too much for some children. For some children, taking care of themselves may mean: I. Vulnerability to peer pressure, bad choices due to a lack of appropriate adult supervision. II. Responsibility of caring for younger siblings. III. Experimentation with drugs, alcohol and sex. Nationally, the highest rates of juvenile crime occur between the hours of 4:00 and 7:00 P.M. These facts demonstrate that the hours after school are critical ones for children. In addition, a recent report shows that juveniles are twice as likely to be victims of violent crime in the hours between 3:00 - 4:00 P.M. on school days as at any other time. (Juvenile Offenders & 99 National Report.) The workplace is influenced by the problem of latchkey children. After school lets out at 3:00 P.M., parents wait for the phone call that tells them that their child is home safe. This is referred to as the three o'clock syndrome, productivity of workers drops after school lets out. The dramatic changes in family life, coupled with the stresses of day-to-day survival in a fast paced society, makes the YMCA's School Age Child Care Program - emphasizing, body, mind and spirit - more important than ever. By offering nonschool activities, the YMCA hopes to stop the growth of gang activity and substance abuse in high risk youth by involving them and their families in wholesome programs now and, hopefully, for the rest of their lives. Some of the best substance abuse prevention programs never mention drug and alcohol at all. They focus on developing youth leaders who are self- assured. The YMCA will provide programs for children ages five through thirteen. The goal of the YMCA Preschool is to give children a balanced experience that develops social, emotional, physical and intellectual skills. The objectives of the YMCA preschool are as follows: Learning to follow simple instruction Learing to communicate with children & teachers Large and small muscle development Hand -eye coordination Using various art materials Music for an understanding of rhythm and song Vocabulary building with stories, pictures and records Outside play Alphabet study for visual recognition and phonics Number recognition and application Color and shape recognition Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Citywide in the City of Diamond Bar, PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 17 clients 765 clients contracts Diamond Bar clients assisted which meet the low/moderate income requirements: 100% Diamond Bar clients expected to be assisted in new project year: 20 beneficiaries —1100 clients contacts Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project wit] meet the federal requirements of benefiting low/moderate income persons. Boys and girls ages 2years, 9 months to 5 years old -from families who are low income ($11,441 to $19,300) to moderate income ($19,301 to $30, 850). Is your organization familiar with the CDBG reporting requirements? Yes If yes, please identify the year/amount and source of the funding: 1992-3 -$$1,574; 1993-94- $11,500; 1997-98 - $13,000; 1998-99 - $6,500; 1999-2000 - $15,000; 2000-01 - $6,500; 2001-02 - $11,500; 2002-03 - $14,000; 2003-04 - $14,000; 2004-05 - $12,500; 2005-6 $10,000; 2006-7 — 5,000. FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. i'l-1.4 C- u"da 4-'W7_8 Revenue Grants 25,000 Pro am Fees 444,369 Total Revenue 469,369 Expenses Salaries 233,180 Health Insurance/Retirement 26,136 Payroll. Taxes/Workers Comp 41,488 Data Processing/Accounting 13,000 Supplies 25,435 Telephone 6,000 Postage 1,400 License and Permits 3,800 Occupancy/Rent 34,400 Equipment Maintenance 7,800 Insurance 37,600 Program Advertising/Promotion Media 2,150 Food Cost-Program/Transportation 27,252 Training Expense 2,000 Membership dues 500 Total Expenses 469,077 Outcome 292 I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Title: CEO CITY OF DIAMOND BAR _= COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2007-2008 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is$10,000 per project. APPLICATION SUMMARY Organization: Diamond 1 arfWal ut YMCA Project Name: Summer Day Camp Amount Requested: $10,000 Location of Project: 22600 Sunset Crossing Road, Diamond Bar CA 91765 Funds would be used to: Provide std gap subsidized child care for bas and&ls apes 3- 12 years from low and moderate income families We will be working with employers to help provide quality child care for their worker making minimum wage or slightly above We will also help assist these families in obtaining longterm erm government subsidized child care Free up our money to help another family. This care will be provided the 10 weeks that the youth are out during the summer. GENERAL INFORMATION Organization Address: 22600 Sunset CrossingR_ City Diamond Bar Telephone/Fax Number: 909/860-9622 909/860-3957 E-mail jtaylor c(�r pomonaymca.org Contact Person/Title: Jane Taylor CEO or Joyce McGregor Administrative Assistance Officials authorized to represent organization and expend funds: Name: Jane Taylor Title: CEO Name: Joyce McGregor Title: Administrative Assistance Federal I. D. Number/Non-Profit Status: 95-1641976 This application is proposing a new existing X project (check). Has the project received past funding from the City of Diamond Bar? Yes GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The Diamond Bar/Walnut YMCA provides families with a safe place and quality care for children of working and single parents. The requested funds will be used to subsidize day camp fees for moderate and low-income families in Diamond Bar. Each family is required to show proof of income and residence and pay a small part of the Day Camp fee, with the larger balance paid through CDBG funds. Having families participate in a small way in payment of their children's Day Camp fees has proven to help families feel more vested in the YMCA and in their children's care while they are working, resulting in a greater sense of pride and responsibility. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Over 200 families throughout the local community enroll their children in YMCA Day Camp Programs, which provide programs for boys and girls ages 4 and entering Kindergarten through age 13. Day Camp offers great alternatives to children being left at home unsupervised or getting involved in unwholesome activities while parents are working. YMCA Day Camp Programs incorporate the "CORE" values of Honesty, Caring, Respect and Responsibility", offer participants a wide variety of activities, field trips, and esteem building experiences in a safe environment with lots of other potentials friends — all supervised by caring YMCA — trained staff We encourage participants to grow as a family unit and individuals to participate in values education, physical fitness and community service they may not otherwise receive. The requested funds allow families from low or moderate income to participate in Day Camp. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Citywide in the City of Diamond Bar, PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: New program (budget modification request) Diamond Bar clients assisted which meet the low/moderate income requirements: 100% Diamond Bar clients expected to be assisted in new project year: 30 new beneficiaries — 1500 clients contacts Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Boys and girls ages 5 years to 13 years old -from families who are low income ($11,441 to $19,300) to moderate income ($19,301 to $30, 850). Is your organization familiar with the CDBG reporting requirements? Yes If yes, please identify the year/amount and source of funding: FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. n—, C.— Rivlaet *?nO7 Revenue Grants $10,000 Pro am Fees $113,110 Total Revenue $123,110 Expenses Salaries 51,600 Health Insurance/Retirement 5,375 Payroll 'Faxes/Workers Comp 9,260 Data Processing/Accounting Processing/Accounting 4,100 Supplies 6,000 Tel hone 350 Postage 300 License and Permits 350 Occupancy/Rent 400 Equipment Maintenance 1,200 Insurance 10,100 Program Advertising/Promotion Media 350 Food Cost-Program/Transportation 15,000 Transportation Rental 14,800 Training Expense 1,500 Membership dues Total Expenses 120,685 Outcome 2,425 I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Title: CEO CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GR,kNT 03 REQUEST FOR PROPOSALS 2007-2008 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: December 5, 2005 5:00 p.m. APPLICATION SUMMARY Organization: Home Improvement Program City of Diamond Bar Project Name: Holm Cruprm amentProaLm Amount Requested: S, 1501000 nn Various Project Locations Location of Project: Assist low — to moderate- income residents of the City, who live in single-family Funds would be used to: Detached dwellings, make needed exterior repairs to their homes. Funds may be used to correct health & Safety items, code violations, improve home access to disabled persons, remove lead based paint hazards, & any other item deemed eligible by the City. GENERAL INFORMATION Organization Address: 21825 Copley Drive City: Diamond Bar Telephone/Fax Number- (Q09) R;9-7000 F -mail Address: art. casanas4c i diamond-har ra iia Art Casanas, Program Consultant Contact Person/Title: Officials authorized to represent organization and expend funds: Name: Art Casanas Title: Program Consultant Federal I.D Number/Non-Profit Status:N/A - This application is proposing a new existing X roject. (check). Yes Has the project received past funding from the City of Diamond Bar? If yes, please identify the year/amount and source of funding: FY 02-03: $75,000 ; FY 03-04 : $211578 FY 04-05 • S200,3 12 ; FY 05-06 : $119,992 (Prop increased budget to $$276,785) FY 06-07: $120,000 GOALS. AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The City of Diamond Bar has initiated the Home Improvement Program to assist low -to moderate -income residents of the City, who live in single-family detached dwellings, make needed exterior repairs to their homes. The City provides assistance through the use of grants and/or loans. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The intent of this program is to enhance the appearance of Diamond Bar neighborhoods by making necessary improvements to the exterior of homes. Priority shall be granted to all exterior property improvements. However, funds may be used to correct health & safety items, code violations, improve home access to disabled persons, remove lead based paint hazards, & any other item deemed eligible by the City. All repair items will be screened and approved by the City prior to construction. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Single-Fanuly detached residences located within the City of Diamond Bar boundaries. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 17estimated households Diamond Bar clients assisted which meet the low/moderate income requirements: 17estimated households Diamond Bar clients expected to be assisted in new project year: 6-10 households Describe: the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. In order to participate in the HIP, an applicant must meet the following: (1) Property must be a single- family detached dwelling. (2) Property must be located within Diamond Bar city limits. (3) Applicant must be the owner and the occupant of property. (4) Total annual household income cannot exceed federal income guidelines. Is your organization familiar with the CDBG reporting requirements? _Yes FINANCIAL INFORMATION Please .attach a proposed budget of the project. Include all items that CDBG finds are being requested to be used for. Include all other sources of finding and the total budget of the organization. CDBG to be the only finding source. See attached proposed budget. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. , e2it��� Signature: Art as a Title: Program Consultant Date: December 4, 2006 CITY OF DIAMOND BAR Proposed Budget Summary - FY 2006-2007 Home Improvement Program Proposed HIP Budget 06-07: $ 150,000 $ - Estimated Construction Costs ($14,500 x 8 = $114,000): $ - $ 116,000 Constniction Contigency Amount ($500 x 8 = $4000): $ 4,000 Lead Tech Environmental ($500 x 8 = $4000): $ - $ 4,000 MDG Associates - Loan Docs ($232 x 8 = $1856): $ - $ 2,000 Gateway Title ($100 x 8 = $800): $ - $ 800 LDM Admin Costs: (20%): $ -T-__ 23,200 F:\Esther -HIP\Spreadsheets\Proposed Budget.FY07-082 � IT CITY OF DIAMOND ;BAS r�_; i COMMUNITY DEVELOPMENT'BMACk GRANT -- a REQUEST FOR PROPOSALS 2007-2008. PROGRAM �. 9Sgi Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: December 5, 2006, 5: 00 p.m. APPLICATION SUMMARY Organization: Project Name: Amount Requested Public Works Department, City of Diamond Bar 2007-08 CDBG Program Curb Ramp Installation $100,000 Location of Project: The target area is located within an approximately 112 mile radius o Quail Summit Elementary Schooland Paul C. Grow Park. Funds would be used to: Provide appropriate ADA accessibility to existing sidewalks in the vicinity c f an elementary school and public park through the construction of approximately 25 ADA compliant curb ramps at various intersections where substandard curb ramps currently exist. GENERAL INFORMATION Organization Address: 21825 Copley Drive City: Diamond Bar Telephone Number: (909) 839-7044 Fax: (909) 861-3117 E-mail: kimberly.molina@ci.diamond-bar.ca.us Contact Person/Title: Kimberly Molina, Associate Engineer 1 of 5 Officials authorized to represent organization and expend funds: Name: David G. Liu Title: Director of Public Works Naive: Rick Yee Title: Senior Engineer Federal I.D. Number/Non-Profit Status: This application is proposing a ® new ❑ existing project (check). Has the project received past funding from the City of Diamond Bar? ❑ Yes ®No If yes, please identify the year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The proposed project will remove the existing curb returns and replace them with ADA - compliant curb ramps. The project proposes to install approximately 25 curb ramps within the specified neighborhoods. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The proposed project will provide ADA access at several intersections within the specified neighborhoods. Ssubstandard curb ramps have been implemented at these intersections. Consequently, the existing sidewalks are inaccessable to the disabled. Although the proposed project is intended to serve all age groups of the general public, because these intersections are located in the vicinity of an elementary school, this project is critical to the safety of the attending; children- specifically those children who must walk to and from school. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). The target area (Slurry Seal Area 1) is located adjacent to Quail Summit Elementary School and Paul C. Grow park, in the neighborhood bounded to the west by S. Diamond Bar Boulevard, to the northeast by Grand Ave. and to the south by both Coyote Springs Drive and Forest Canyon Drive. See attached Exhibit "A" 2 of -5 PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: general public Diamond Bar clients assisted which meet the low/moderate income requirements: general public Diamond Bar clients expected to be assisted in new project year: general public Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. general public Is your organization familiar with the CDBG reporting requirements? ® Yes ❑ No FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. See attached Exhibit "B". I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Title: Senior Engineer Date: 1-2,J 5; 66 3 of 5 ES7 I AF ZA -* $-N 9iEi'fFF XP- 'Z '7 EXHIBIT "A" 5 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2007-2008 PROGRAM YEAR PROJECT AREAS FOR 2007-2008 CDBG PROGRAM CURB RAMP INSTALLATION itv 1� qA IWOARTF - QUAIL SUMMIT ELEMENTARY SCHOOL Fol"T CE ca PEA 6WEIV 03 C-41 CREEK DR SEE ® F-5 jjj34g DR I BROKEN CREEK IN 2 DEER SPALNGS LN 3 TWIN SPR14G LN 4 SILVER SPRING LN 03 C-41 EXHIBIT "B" CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2007-2008 PROGRAM YEAR PRELIMINARY COST ESTIMATE FOR 2006-07 CDBG PROGRAM CURB RAMP INSTALLATION ITEM NO. DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST 1 CURB RAMPS 25 EACH $3,000 $75,000 DESIGN & CONSTRUCTION ADMINISTRATION (20% OF CONSTRUCTION COST) $15,000 SUBTOTAL (CONSTRUCTION, DESIGN & CONSTRUCTION ADMINISTRATION COST) $90,000 CONTINGENCY (10% OF SUBTOTAL) $9,000 TOTAL $99,000 SAY $100,000 5of5