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HomeMy WebLinkAbout04/17/2007C,ity ouncil � ITH� X999 Tuesday, April 17, 2007 5:00 p.m. — Closed Session CC -8 5:30 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Steve Tye Mayor ProTem Jack Tanaka Council Member Wen Chang Council Member Ron Everett Council Member Carol Herrera 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 during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with access the podium in order to make a public comment. available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is ' notice in advance of a meeting. and 5:30 p.m. Monday through Copies of agendas, rules of the Council, Cassette/Video 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 April 17, 2007 Next Resolution No. 2007-25 Next Ordinance No. 05(2007) CLOSED SESSION: 5:00 p.m. Room CC -8 Public Comments on Closed Session Agenda No. Government Code Section 54956.8 — Conference with Real Property Negotiators Property Negotiations: Address: Portion of Lot 13, Tract No. 3941 and Portion of Lot 3, Tract No. 3941 Agency Negotiator: City Manager Negotiating Party: Robert R. Reed Family Trust IN. Government Code Section 54956.9(a) — Pending Litigation — People of the State of Calif. v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 STUDY SESSION: 5:30 p.m., Room CC -8 ► Animal Control Service Fees - Discussion and Action. No. Canary Island Pine Trees — Tree Replacement Program - Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Ahmad H. Sakr, Ph.D., Islamic Education Center ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye APRIL 17, 2007 PAGE 2 APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming April 15-21, 2007 National Library Week. 1.2 Proclaiming April, 2007 as Earthquake Preparedness Month. BUSINESS OF THE MONTH: 1.3 Presentation of City Tile to Ghazala Khan, owner of GK & Associates as Business of the Month, April, 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Update on Farben Drive Group Home. 2.2 Envision Diamond Bar Open House. 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 Vision for the Future Open House — April 21, 2007 — 10:00 a.m. — 4:00 p.m., AQMD/Government Center GB Room, 21865 Copley Dr. 5.2 City's 18th Birthday Party — Sunday, April 22, 2007 — 11:00 a.m. — 5:00 p.m., Pantera Park, 738 Pantera Dr. 5.3 Diamond Bar Library - April 23 — May 5, 2007 — Closed for renovations. 5.4 Crestline and Diamond Canyon Annexation Open House — April 23, 2007 — 7:00 p.m., Diamond Canyon Christian Church, 3338 Diamond Canyon Rd. APRIL 17, 2007 PAGE 3 5.5 Planning Commission Meeting — April 24, 2007- 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.6 Parks and Recreation Commission Meeting — April 26, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.7 Arbor Day Celebration — April 27, 2007 — 10:00 a.m., Pantera Elementary School, 801 Pantera Dr. 5.8 City Council Meeting — May 1, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of April 3, 2007 — Approve as submitted. (b) Regular Meeting of April 3, 2007- Approve as submitted. 6.2 Ratification of Check Register - Approve Check Register dated March 29 through April 11, 2007 in the amount of $1,725,900.59. Requested by: Finance Department 6.3 Amend Design Services Contract with Kimley-Horn and Associates, Inc. for Prospectors Road Street Rehabilitation Project from Sunset Crossing Rd. to Golden Spgs. Dr. in the Amount of $28,947 Plus a Contingency Amount of $3,000 for a Total Authorization of $31,947. Recommended Action: Amend. Requested by: Public Works Department 6.4 Approve Notice of Completion for the Grand Avenue Street Improvement (Beautification/Betterment) Project - Phase I from State Route 57/60 to 470 Ft. West of Cahill. Recommended Action: Approve. Requested by: Public Works Department 6.5 Adopt Resolution No. 2007 -XX: Authoring the City Manager to Apply for all Available Household Hazardous Waste and Used Oil Recycling Grants Offered by the California Integrated Waste Management Board. Recommended Action: Adopt. APRIL 17, 2007 PAGE 4 Requested by: Public Works Department 6.6 Adopt Resolution No. 2007 -XX: Establishing a Policy that Delegates Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Section 910, et seq. Recommended Action: Adopt. Requested by: City Manager 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Award of Contract to Templeton Planning Group for Creation of an Environmental Impact Report to Evaluate Potential Development of the Diamond Bar Golf Course Site and Relocation of the Golf Facility ($397,672) and Authorize a 15% Contingency ($60,000) to be Approved by the City Manager for a Total Authorization of $457,672. Recommended Action: Award. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING CALL TO ORDER: Vice -Chair Chang ROLL CALL: Agency Members Everett, Herrera, Tanaka, Tye and VC/Chang 2. 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 Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 Approve Minutes — Regular Meeting of December 5, 2006 — Approve as submitted. APRIL 17, 2007 PAGE 5 3.2 Treasurer's Statement - November 1, 2006 through March 31, 2007. Recommended Action: Approve. Requested by: Finance Department 4. AGENCY MEMBER CONSIDERATION: None 5. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN REDEVELOPMENT AGENCY MEETING RECESS TO PUBLIC FINANCING AUTHORITY ANNUAL MEETING CALL TO ORDER: Chair Herrera ROLL CALL: Authority Members Chang, Everett, Tanaka VC/Tye, C/Herrera 2. 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 Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Financing Authority values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authoritv Secretary (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Financinq Authoritv. 3. CONSENT CALENDAR: 3.1 Approve Minutes - Regular Meeting of December 5, 2006 — Approve as submitted. 3.2 Treasurer's Statement - November 1, 2006 through March 31, 2007. Recommended Action: Approve. Requested by: Finance Department 4. AUTHORITY MEMBER CONSIDERATION: None 5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority Members are for Authority discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. APRIL 17, 2007 PAGE 6 ADJOURN PUBLIC FINANCING AUTHORITY MEETING RECONVENE CITY COUNCIL MEETING: 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session #1 Memo To: Honorable Mayor and M�RY of the City Council CC: Jim DeStefano, City M a From: Ryan McLean, Senior ManalystrA^ Date: April 13, 2007 Re: Animal Licensing Fee Adjustment Discussion The City contracts with the Inland Valley Humane Society (WHS) to provide animal control services and licensing in Diamond Bar, and has done so since incorporation in 1989. City Staff has found the quality of service provided by IVHS to have remained high throughout this time. As with most industries, the cost of everyday operations continues to rise for NHS. These increased costs have are reflected in the net increase of 24% in this year's animal control contract. Operating costs for animal control services now total $202,008. Current license fees and other related revenue provide $100,000 to offset these costs. Therefore, the City's total annual general fund cost for animal control services is $102,008. Staff expects these numbers to increase in coming years to account for rising operational costs and CPI adjustments as provided in the contract. To offset the increase, the City Council has the option to adjust the present animal licensing fee schedule. Doing so would provide revenue that could eliminate or diminish the need to allocate additional General Fund dollars each year to bridge the funding gap. At a study session in December, the Council directed staff to further investigate such license fee adjustments and to research the possibility of including cats in the license fee schedule. With the information available this evening, staff is seeking direction from the City Council as to whether the license fee schedule should be adjusted and whether cats should be included in any adjustment. Should the Council wish pursue these adjustments, the matter will be brought forward for discussion at a future Council meeting. Please find attached the following documents intended to aid in the discussion of this matter: 1. NHS Cat Licensing Proposal 2. 2006-07 NHS Animal Control Cost Breakdown for Member Cities 3. IVHS Fee Schedule for Each Member City 4. Potential Licensing Fee Adjustments and Impacts INLAND VALLEY HUMANE SOCIETY & S.P.C.A. PROPOSED DIAMOND BAR CAT LICENSING PROGRAM ✓ Approximately 3,000 cats in the City of Diamond Bar ✓ Estimated revenue generated would be $22,500 ✓ Based on 1,500 altered cats at $5. and 1,500 unaltered cats at $10. ✓ IVHS would recommend a $15. penalty fee for non renewals ✓ License fees could be used to create a reduced fee Diamond Bar Spay/Neuter Program or general fund offset ✓ First year moratorium on penalties ✓ Education through Diamond Bar City News, Diamond Bar Webpage and IVHS license inspectors 01/24/07 m Inland Valley Humane Society & S.P.C.A. Proposed Budget for 2006-2007 Animal Control Cost Break -Down Current Year. Proposed Year. 2005-2006 2006-2007 City Service % Population Service Operating Cost Revenue Net Cost Net Cost Pomona 29% 155,448 $833,357 $ 988,805 $ 617,579 $ 356,949 $ 371,226 Claremont 5% 35,097 $143,682 $ 178,779 $ 55,000 $ 83,857 $ 133,779 La Verne 4% 33,146 $114,946 $ 148,092 $ 73,987 $ 68,330 $ 74,105 San Dimas 4% 36,067 $114,946 $ 151,013 $ 50,682 $ 92,996 $ 100,331 Chino 12% 76,042 $344,837 $ 420,879 $ 180,000 $ 149,030 $ 240,879 Montclair 6% 35,245 $172,4191$ 207,664 $ 65,000 $ 101,057 $ 142,664 Diamond Bar 5% 58,326 $143,682 $ 202,008 $ 100,000 $ 82,463 $ 102,008 Ontario 28% 170,057 $804,620 $ 974,677 $ 566,031 $ 381,788 $ 408,646 Chino Hills 7% 75,622 $201,155 $ 276,777 $ 154,668 $ 111,066 $ 122,109 Total 100% 675,050 $2,873,644 $ 3,548,694 $ 1,852,947 $ 1,427,536 $ 1,695,747 m Inland Valley Humane Society Fee Schedule Spreadsheet City Dog Lic Fees Unaltered glans $30.00 I Chino Hills I $35.00 C,larewaaona $25.00 Diamond Bar I $25.00 La Verne I $35.0() Montclair $25.00 I Ontario I :135-00 Pomona I $45.00 Sats Nims $35.00 SB Co. $60.00 Altered $10.00 $10.00 $10.00 $10.00 $15.00 $10.00 $15.00 $10.00 $10.00 $15.00 SIC Unaltered $10.00 $35.00 $25.00 $25.00 $25.00 $25.00 :$35.00 $45.00 11P5.00 $60.00 SIC Altered ;,5.00 $5.00 $5.00 $5.00 $5.00 $3.75 $6.00 $5.00 $5.00 $9.00 Penalty Cat Lic Fees Unaltered $25.00 $25.00 $25.00 $25.00 $25.00 y,10.00 $25.00 925.00 $35.00 $10.00 $25.00 $15.00 Altered $5.00 $5.00 S/C Unaltered S/C Altered Impound Fees Dog Chino Chino Hills Claremont Diamond Bar La Ve me Montclair Ontario Pomona Baan DiiTWS SB Co. 1st Offense/Altered `0'_0.00 $20.00 $20.00 $20.00 $20.00 $25.00 $20.00 $30.00 $20.00 $40.00 1st Offense/Unaltered $20.00 $20.00 $20.00 $20.00 920.00 $25.00 x20.00 $30.00 $20.00 $80.00 2nd Offense/Altered $40.00 $40,00 $40.00 $40.00 $1.0.00 $40.00 $40.00 $60.00 $1-110.00 $80.00 2nd Offense/Unaltered $40.00 $40.00 $10.00 $40.00 $40.00 $40.00 $40.00 $60.00 $40.00 $160.00 3rd Offense/Altered $60.00 $60.00 `060.00 $60.00 $60.00 $60.00 $GO.m $90.00 $cm.00 $180.00 3rd Offense/Unaltered 960.00 $60.00 x$60.00 $60.00 $60.00 $60.00 $60.00 $90.00 $60.00 $210,00 Cat -Altered $5.00 $5.00 $5.00 $5.00 $5.001 $5.00 $10.00 $5.00 $40.00 Cat -Unaltered 15.00 $5.00 $5.00 $5.00 :$5.00 $5.00 $5.Oo $10.00 $5.00 $80.00 Small Animal u5.00 $5.00 :$5.00 $5.00 $5.00 $5.00 $5.00 $10.00 $5.00 $52 hr Meduim Animal ;615.00 $15.00 $15.00 $15.001 15.00 $15.00 $15.001 $25.00 `$15.00 $52 hr Large Animal Food & Care (per city) Dog ,$25.00 t:l;s;;k: $7.00 $25,001 Chino Hills $7.00 $25.00 $7.00 $25.001 Diamond Bar $7.00 $25.00 t_s. Verne $7.00 $25.00 Montclair $7.00 $25.001 OnTau-ic, $7.001 $35.00 Pomona $10.00 $25.00 Sana Dirnas $'7.00 $52 hr SB Co. $8.00 Cat $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 97.00 $10.00 $7.00 $8,00 Small Animal $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $10.00 $5.00 $8.00 Meduim Animal $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $10.00 $7.00 $8.00 Large Animal $10.00 $10.00 $10.00 $10.00 910.00 $10.00 $10.00 $15.00 $110.00 $8.00 Biter (OBS) animal Owner Release Per Animal $,10.00 Chill_-, $20.00 $10.00 Chino Hills $20.00 $10.00 $2110.00 $10.001 Diamond Bar $20.00 $-10.001 La, Verne $20.001 $10.00 Montclair $20.00 $10.00 Ontario $20.00 $15.00 Pomona $25.00 $10.00 San $20.001 $8.00 SB Co. $35.00 Per Litter $25.00 $25.00 925.00 $25.00 $2.5.00 $15.00 $15.00 $30,00 1$'15.00 $50,00 O/R Pickup Live $30.00 $30.00 :030-00 $30.00 :$30.00 $30.00 1;30.G0 $40.00 $30.00 $70.00 O/R Pickup Dead (DOA) $20.00 $20.00 $20.00 $20.00 1.2.0.00 $20.00 $20.00 $30,00 $20.00 $35.00 Updated; 2/21/06 sib "44 Diamond Bar Animal License Fee Schedule Current Number of Licensed Altered Dogs: 2400 Current Number of Licensed Unaltered Dogs: 1200 Present Fee Schedule: 2400 Altered @ $10 each: $24,000 1200 Unaltered (a� $25 each• $30,000 Total: $54,000 Option #1 2400 Altered @ $15 each: $36,000 1200 Unaltered P. $35 each• $42,000 Total: $78,000 Option #2 2400 Altered @ $15 each: $36,000 1200 Unaltered (cD $40 each• $48,000 Total: $84,000 Option #3 2400 Altered @ $15 each: $36,000 1200 Unaltered (a� $45 each• $54,000 Total: $90,000 Option #4 2400 Altered @ $15 each: $36,000 1200 Unaltered O $60 each• $72,000 Total: $108,000 Guide to Cat Law Legislators Humane Advocates Guide to Cat Law Laws That Address Cats FOR MORE THAN FOUR DECADES, legislation regarding dogs has existed on both the local and state levels. Laws requiring the registration, restraint, and control of dangerous dogs are part of effective pet legislation that protects both the public and the animals themselves, just as complying with those laws is part of being a good pet caregiver. Cats, on the other hand, have often been ignored in animal care and control legislation and have few protections legally. Given the increasing popularity of cats throughout the United States—there are now more cats than dogs in U.S. households—and the corresponding steady increase of cats entering animal shelters, it is imperative that communities enact legislation that will protect both animals and people in those communities. Carefully drafted legislation can help ensure that cats are recognized by the law as domestic animals who are kept as pets, and that cat owners are made legally responsible for their pets' actions and well-being. In addition, by elevating the legal status of domestic felines, cat care and control laws promote the responsible care of these animals. This booklet is intended to serve as a guide for anyone interested in proposing legislation that affects domestic cats, whether owned, stray, free -roaming, or feral. As with any legislation, individuals interested in helping cats through legislation should work with those agencies involved in animal control and protection. They will be able to provide essential support and information that will lead to successful legislation. The passage of laws regarding cats requires a great deal of public education. To suggest credible solutions, you must first assess the problems and understand the causes. Before you begin, ascertain what laws already exist within your community or your state. Then decide what the new legislation should accomplish and whether it should be enacted at the city, county, or state level. For guidance on the process of getting a law passed, see pages 13-15. Why Cats—and People—Need Laws DURING THE MID -1980s, cats became America's most popular pets. In the past two decades, communities have faced increased problems related to free -roaming cats— owned cats allowed to go outside and stray and feral (semiwild) cats. Today there are more than 60 million owned cats, fewer than half of whom are kept safely confined. Tens of millions more domestic cats roam our streets, alleys, vacant lots, farms, and countryside, having been abandoned by their original owners or born in the wild. Keeping Communities Safe The unintended impact of these free -roaming cats on our communities is substantial. Local governments spend hundreds of millions of dollars every year controlling stray animals, from neighborhood cats defecating in sandboxes to feral cats living in urban areas. Unsterilized cats allowed to roam contribute to the high number of cats who end up in our nation's animal shelters every day. Cats are now a major focus of local animal care and control agencies; in the past, these agencies concentrated most of their efforts on dog control and rescue. Animal control agencies were established decades ago primarily to control the spread of rabies among dogs in the street. Cats are now the most common domestic vector of rabies, with 249 cases reported in 2000 in the United States. Cats who roam, particularly after dark, are likely to come into contact with nocturnal creatures, including raccoons and skunks, the primary vector species of rabies in the wild. To control this epidemic, 25 states now mandate rabies vaccination of cats and an additional 13 require local jurisdictions to vaccinate cats against rabies. Free -roaming cats also kill millions of wild animals each year. Studies have shown that most of the animals killed are small mammals, amphibians, reptiles, and birds. Even well-fed housecats will kill wildlife because of their instinct to hunt prey, not because they need the food. Cats are not part of natural ecosystems, and their predation causes unnecessary suffering and death to wild animals. They reduce food sources for natural predators such as foxes, coyotes, and birds of prey. Cats also cause conflicts among neighbors, pitting gardeners and bird lovers against cat owners who allow their cats to roam. Finally, the number of volunteer feral cat feeders who have sought to more actively manage feral cat colonies has been growing in recent years. This trend has convinced some local governments of the need for legislation to help coordinate these programs as part of a comprehensive cat control program. As a result, some local governments now cooperate with feral cat caretakers in responsibly managing programs that trap, test, vaccinate, alter, release, and monitor (TTVARM) free -roaming cats. The goal of such programs is to stabilize feral cat colonies and eventually eliminate them through attrition. � I OF THE UNITEU WTATES, Keeping Cats Safe For the cats themselves, unrestricted freedom to roam can lead to abbreviated life spans. The Humane Society of the United States (HSUS) estimates that the average lifespan of a free - roaming cat is less than three years, compared to 12-15 years for the average indoor -only cat. Free -roaming cats are hit by cars and other vehicles; succumb to rabies and other diseases; ingest poisons on chemically treated lawns, in bait left out to kill rats or mice, and in auto antifreeze that leaks from cars; are attacked by other cats, dogs, and wild predators such as coyotes; and sometimes are victimized by cruel humans. In fact, two out of three veterinarians recommend keeping cats indoors, most often citing dangers from vehicles and disease. * .Tragically, fewer than five percent of "found" cats taken in by animal shelters are reunited with their owners. Many owned cats lack registration (licensing) tags or any other form of identification, and when such cats are lost, it is nearly impossible for animal shelter personnel to reunite them with their caregivers. How to Best Control and Protect Cats HISTORICALLY, communities have responded to cat -related conflicts by using methods that rarely provide long-term solutions. For example, traditional programs to reduce feral cat populations include either live -trapping and euthanizing cats or live -trapping, sterilizing, and releasing cats so that they cannot reproduce. Neither approach, however, provides a long-term solution unless carried out in conjunction with a comprehensive cat control program. Trap-and-euthanize policies may alienate feral cat caretakers and many cat lovers. Trap, sterilize, and release programs that are not actively managed may alienate residents not willing to tolerate free - roaming cats in their neighborhoods. Moreover, these approaches are labor and cost intensive. It is important for communities to develop and implement comprehensive laws, policies, and education programs about cats and cat care. Such laws, policies, and programs should be designed to reduce cats' suffering and respond to cat -related conflicts, yet remain acceptable to people in the community. These laws and policies must be periodically evaluated and updated. Local governments must also adequately fund animal care and control programs and enforce cat control ordinances, using general revenues as well as monies collected through "HSUS veterinarian study conducted in June 2001 by Jacobs Jenner & Kent. registration (licensing) fees and user fees. Sufficient funds must be allocated to implement prevention programs; hire and train staff; construct or renovate animal -holding facilities; and purchase and maintain equipment to handle, house, and care for cats. Long-term solutions developed to respond to cat -related conflicts should foster the responsible caretaking of cats. Every community's ultimate goal should be for every resident cat to have a loving, permanent home and caregivers who keep the cat safely confined and meet the animal's special needs. The Elements of an Effective Community Cat Care and Control Program AT A MINIMUM, The HSUS believes that every community's cat care and control program should include the following, all of which should be codified by state statute and/or local ordinance: • Mandatory registration (licensing) of cats (see pages 3-4); if a fee is charged, it should be higher for unsterilized cats than for sterilized cats (a concept called "differential licensing") • Mandatory identification of cats; in addition to requiring that cats wear collars and tags, communities should consider implementing a backup permanent identification system such as a microchip program (see pages 4-6) • Mandatory rabies vaccinations for all cats older than three months of age—the age recommended by vaccine manufacturers (see pages 6-8) • Mandatory sterilization of all cats adopted from public and private animal shelters and rescue groups (see page 8) • Mandatory sterilization of all free -roaming cats (see pages 8-9) 0 A mandatory minimum shelter holding period for stray cats consistent with that established for stray dogs, preferably five days, including a Saturday; this policy should allow for euthanasia of suffering animals before completion of the holding period (see page 9) • Laws and policies that are consistent with the responsible management of feral cats (see pages 11-13); for example, if cats are required to wear identification in a jurisdiction, then feral cats in managed colonies should be identified using microchips and/or visible means of identification such as tattoos (some communities also notch the left ears of male feral cats, and the right ears of females, to indicate that the cats have been sterilized) -2- In addition to those provisions, some local jurisdictions have gone further in addressing the problems caused by free -roaming cats by including the following in their cat control ordinances: • Cat control and restraint (see pages 9-11) • Restrictions on the number of cats per household (commonly referred to as "animal limitation ordinances"; see page 11) • Registration of feral cat caretakers (see pages 11-13) Finally, in addition to effective laws that address the responsible care and control of cats, every community should have an ongoing public education program that promotes responsible cat care and should offer subsidized sterilization programs to encourage cat owners to sterilize their cats. There also must be adequate and appropriate shelter holding space, staffing, and other resources necessary to humanely hold stray felines for the mandatory minimum holding period. Mandatory Registration of Cats A government -mandated cat registration program (historically called "licensing") serves as the foundation for any cat control program. Such programs for dogs, enacted by an estimated 90 percent of cities and counties, have been a hallmark of successful dog control programs for decades. The logic behind extending those policies to cats is equally compelling. Mandatory registration of cats has two goals: primarily, to serve as a lost -pet recovery service, and secondarily (when a fee is charged), to raise revenues to recoup some of the costs of providing animal control services. Because effective mandatory cat registration programs require that cats be outfitted with some form of identification, they encourage more caregivers to do so. Statistics show that mandatory registration programs increase the numbers of impounded cats returned to their owners. After Oahu, Hawaii, began requiring that all cats wear visible identification or be microchipped in 1995, its return -to -owner rate increased from 0.9 percent of impounded cats (138 cats) in fiscal year 1995 to four percent (627 cats) in fiscal year 2002. While revenues from registration fetes will never be enough to fund an effective animal care and control program, they nonetheless can help provide supplemental revenue—and put some of the responsibility of funding cat -protection programs on cat owners. Through a mechanism called differential licensing, in which higher registration fees are charged for unsterilized cats, mandatory registration also provides a financial incentive to have cats spayed or neutered. Another benefit of cat registration is that it helps prevent the spread of rabies by requiring that cats be vaccinated against the disease as a prerequisite for getting the cat sterilized. This is especially important because cats are now the number one domestic vector of rabies in the United States. SAMPLE REGISTRATION ORDINANCES Fort Wayne, Indiana Sec. 91.050 Pet Registration Required; exception; tags; microchip implant. (A) Any person owning, keeping, harboring or having custody of any dog or cat over the age of three months must obtain a pet registration for such animal; provided, however, that no pet registration shall be required of any animal welfare organization, municipal animal control facility or governmental agency, or guide dog. Animals belonging to those agencies or persons will be issued complimentary registration tags. (B) A durable tag stamped with registration number and year of issuance will be provided to pet registration holders for each registration granted. Dogs and cats must wear their tags at all times on their collars, except when involved in any organized show, obedience demonstration, training situation, or under the care of a licensed veterinarian. (C) Any person owning any dog of cat may, in addition to the animal's registration, obtain a microchip implant for the dog or cat. In no case shall the microchip implant replace the requirement for the annual registration of a dog or cat with the Department of Animal Control. (D) Any person owning any dog or cat which has been implanted with a microchip shall transfer the microchip registration with the Department of Animal Control upon sale, trade, barter, gift, or transfer of an animal. ('74 Code, � 6-7) (Ord. G-14-81, passed 9-22-81; Am. Ord. G-16-95, passed 6-13-95; Am. Ord. G-29-95, passed 11-21-95) (Penalty, see S 91.999) King County, Washington 11.04.030 Pet licenses required. A. License Requirements. All dogs and cats eight weeks and over which are harbored, kept or maintained in King County shall be licensed and registered annually. B. License Issuance. Pet licenses shall be issued by the animal control section and may be issued by veterinarians, pet shops, catteries, and kennels and other approved locations upon application and the payment of a license fee made payable to the department of finance according to the i I OF THE UNITED STATES. schedule provided in K.C.C. 11.04.035 of this chapter: I. Pet licenses for unaltered dogs and cats will be valid for a term of one year from the date of issuance, expiring on the last day of the twelfth month. Pet licenses for altered dogs and cats will be valid for one year, expiring on the last day of the twelfth month. There is no proration of any license fees. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their respective renewal month. 2. Juvenile licenses must be obtained for pets from eight weeks to six months of age. 3. King County residents sixty-five years of age or older may purchase a special permanent license for the lifetime of cats or dogs which are neutered or spayed and for which they are the registered owners when said animals are maintained at said owner's registered address. Such residents shall not be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no person shall be issued more than three (3) special permanent animal licenses for any combination of three (3) cats and dogs for which they are the registered owner. 4. Applications for a pet license shall be on forms provided by the animal control section. S. License tags shall be worn by dogs at all times. As an alternative to a license tag, a dog or cat may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or issued by the animal control section. 6. Owners of dogs and/or cats which hold valid licenses from other jurisdictions and who move into King County may transfer the license by paying a transfer fee. Such license shall maintain the original expiration date. 7. It shall be a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The King County animal control authority shall be notified of the name, address, and telephone number of the new owner by the person who sold or transferred the pet. F. Nonapplicability. The provisions of this section shall not apply to dogs or cats in the custody of a veterinarian or animal shelter or whose owners are nonresidents temporarily within the county for a period not exceeding thirty days. (Ord. 11404 § 2, 1994: Ord. 10809 § 2, 1993: Ord. 10423 § 4, 1992: Ord. 10,168 § 1, 1991: Ord. 7986 § 1, 1987: Ord. 7416 § 1, 1985: Ord. 6702 § 1, 1984: Ord. 6370 § 4, 1983: Ord. 5805 § 1, 1981: Ord. 4552 § 1, 1979: Ord. 3980 § 1, 1978: Ord. 3187 § 1, 1977: Ord. 2869, 1976: Ord 2158 § 1, 1974: Ord. 16915 1, 1973: Ord. 1396 Art. II § 1, 1972) Mandatory Identification of Cats In lieu of mandatory registration, some jurisdictions have passed laws requiring that cats wear some form of identification. Such laws help convince more cat owners to outfit their felines with identification without requiring them to also pay a fee to the government. The disadvantages of this approach are that the government derives no revenue from the program, there is no centralized repository of information about the cats in a community, and owners must affix separate tags to their animals to prove that they have been vaccinated against rabies. In addition to requiring that cats wear collars and tags, communities should consider implementing a backup permanent identification system such as a microchip program. Rhode Island, for example, passed a law in 1999 that requires cat owners to outfit their charges with identification. The statute specifies a variety of acceptable forms of identification, including traditional ID tags, rabies tags, ear tags, microchips, and embroidered collars. SAMPLE IDENTIFICATION ORDINANCES O'Fallon, Illinois § 90.11 Identification tags. Every owner or keeper of a dog or cat regardless of age, shall cause the dog or cat to wear a collar or harness and shall affix the address and phone number, if any, of the owner or keeper of the dog or cat. ('73 Code, § 4.02(b)) (Ord. 770, passed 9-15-75) Rhode Island § 4-22-3 Required Cat Identification. — It shall be unlawful for any person to be an owner of a cat over three months of age unless the person maintains an identification worn by the cat at all times. The identification provisions in this law are not applicable to the following: (a) A cat brought into the state exclusively for the purpose of entering them in a cat show or cat exhibition or for breeding purposes and which does not remain in this state for more than fifteen (15) days and which is not allowed to be at large. (b) A cat owned by any person who is not a resident of the state and is traveling through the state temporarily and for a period not to exceed thirty (30) days. (c) A cat temporarily kept by a licensed veterinarian, a licensed kennel, or a licensed animal shelter or a licensed municipal pound who maintain on their premises cats owned by others. (d) A cat temporarily kept by owners of a licensed pet shop for purposes of sale or by a licensed animal shelter or a licensed municipal pound for purposes of adoption. (e) A cat kept exclusively indoors or confined in outdoor areas and maintained for pedigreed cat breeding and stud purposes. g 4-22-2 Definitions. — For the purposes of this chapter: (d) "Identification" means: a traceable form of identification such as (1) a collar and a flat or hanging tag worn by a cat which includes the current name, address and telephone number of the owner, or (2) a rabies vaccination tag, or (3) an ear tag issued by a licensed veterinarian or by a licensed animal shelter or licensed municipal pound, or (4) a registered microchip which is used in conjunction with a visible collar and tag or in conjunction with a faceted, reflective ear stud, or (5) a tag from a licensed animal shelter or licensed municipal pound, or (6) a tattoo registered with the National Dog Registry or other similar national tattoo service, or (7) a cat license issued by a Rhode Island city or town, or (8) a collar incorporating embroidery as a type of information labeling rather than a hanging or flat tag or (9) in the case of feral cats, a tipped or notched ear in conjunction with a microchip or any of the above other forms of identification. The intent is to allow flexibility in the types of identification available for cats and to incorporate other types of cat identification in the future as they are developed. § 4-22-4 Removal of Cat Identification. — It shall be unlawful for any person other than an animal control officer, a licensed veterinarian, an employee of a licensed animal shelter, an employee of a licensed municipal pound, or a person authorized by ail animal control officer to remove any identification from any cat not owned by the person. City and County of Honolulu, Hawaii Article 6. Cat Identification Program Sec. 7-6.1 Definitions. For the purposes of this article: "At large" means: (1) On the premises of a person other than an owner of the cat, without the consent of an occupant or owner of such premises, or (2) on a public street, on public or private school grounds, or in any other public place, except when under the control of an owner by leash, cord, chain or other similar means of physical restraint that is not more than eight feet in length. "Identification" means: (1) a collar or tag worn by a cat which includes the current name, address and telephone number of the owner, or (2) an ear tag issued by the Hawaiian Humane Society, or (3) a microchip registering the owner with the National Computer Recovery Network or the Hawaiian Humane Society. "Impounded cat" means any cat released to or under the custody of or control of the Hawaiian Humane Society. "Person" includes corporations, estates, associations, partnerships and trusts, and one or more individual human beings. (Added by Ord. 95-21) Sec. 7-6.2 Identification required. It shall be unlawful for any person to be an owner of a cat over six months of age unless the person maintains an identification worn by the cat. This section shall not apply to cats in quarantine and cats brought into the city exclusively for the purpose of entering them in a cat show or cat exhibition and not allowed to be at large. (Added by Ord. 95-21) Sec. 7-6.3 Owner—Exception. "Owner" means any person owning, harboring or keeping, or providing care or sustenance for a cat, whether registered or not, or having custody of a cat, whether temporarily or permanently. This definition shall not apply to any person who has notified the Hawaiian Humane Society of the cat at large that the person has taken into possession and: (1) Who is or will be transporting the cat to the Hawaiian Humane Society; or (2) Who has made arrangements with the Hawaiian Humane Society to have the cat picked up by the Hawaiian Humane Society. (Added by Ord. 95-21) Sec. 7-6.4 Removal of cat identification. It shall be unlawful for any person other than an officer of or a person authorized by the Hawaiian Humane Society to remove any identification from any cat not owned by the person. (Added by Ord. 95-21) -5-- Sec. 7-6.5 Cats released to the Hawaiian Humane Society. III i OF THE UNITED STATESL (a) Any person who takes into the person's possession any cat at large shall immediately notify the Hawaiian Humane Society and shall release the cat to the Hawaiian Humane Society upon request. (b) In the case of any cat released to the Hawaiian Humane Society wearing an identification, the Hawaiian Humane Society shall make a reasonable attempt to notify the owner by telephone, and shall send written notice to the owner. The cat shall be held by the Hawaiian Humane Society for not less than nine days, after which time the Hawaiian Humane Society may return the cat to the person who had released the cat to the Hawaiian Humane Society, offer the cat for adoption, or euthanize the cat, if not sooner recovered by the owner. An owner wishing to recover the cat shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is held by the Hawaiian Humane Society. (c) In the case of any cat released to the Hawaiian Humane Society not wearing an identification, the Hawaiian Humane Society ,shall hold the cat for not less than 48 hours, after which time the Hawaiian Humane Society may return the cat to the person who had released the cat to the Hawaiian Humane Society, offer the cat for adoption, or euthanize the cat, if not sooner recovered by a person claiming ownership. If a person claiming ownership seeks to recover the cat, the person shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is held at the Hawaiian Humane Society. (d) Any cat released to the Hawaiian Humane Society with a "notched ear," indicative of a sterilized feral cat, shall be held at the Hawaiian Humane Society for not less than nine days, after which time the Hawaiian Humane Society may return the cat to the person who had released the cat to the Hawaiian Humane Society, offer the cat for adoption, or euthanize the cat, if not sooner recovered by a person claiming ownership. If a person claiming ownership seeks to recover the cat, the person shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is held at the Hawaiian Humane Society. (e) If a cat released to the Hawaiian Humane Society is not recovered by the owner, the person who had released the cat to the Hawaiian Humane Society shall have the right of first refusal for permanent custody and ownership of the cat. (Added by Ord. 95-21) Sec. 7-6.6 Sterilization of cats. Sec. 7-6.7 Enforcement. An impounded cat for which an identification is not maintained by an owner may not be released by the Hawaiian Humane Society to a person claiming ownership of the cat until the owner complies with the identification requirements of this article. If an impounded cat, with or without identification, has not been sterilized, the person claiming ownership may be cited by an officer of the Hawaiian Humane Society for a violation of Section 7-6.6. The penalty for violating Section 7-6.6 shall be waived upon proof of sterilization of the cat by a veterinarian furnished to the Hawaiian Humane Society within 30 days after the date the citation was issued. (Added by Ord. 95-21) Sec. 7-6.8 Penalty. Any person found guilty of violating any of the provisions of this article shall be fined not more than $100.00. (Added by Ord. 95-21) (Article 6 of Chapter 7, which can be found at www.co.bonolulu.bi,uslrefslrohl7.btm) Mandatory Rabies Vaccinations The widespread vaccination of dogs in the United States has reduced the number of cases of rabies in dogs from 6,949 in 1947 to 114 in 2000. Today more cats than dogs succumb to this deadly disease, with 249 cases of feline rabies confirmed in 2000, not including undocumented cases of stray and feral cats who also likely fell victim to the disease. That is why state and local governments should ensure that all cats are vaccinated against rabies. In fact, as of 2001, 25 states mandated rabies vaccination of cats and an additional 13 required local jurisdictions to vaccinate cats against rabies. Ordinances related to rabies should: • • • It shall be unlawful for a cat owner to allow a cat over the age of six months to be at large unless the cat has been sterilized by a veterinarian. (Added by Ord. 95-21) Make it unlawful for any person to own or harbor a cat over the age of three months without a valid rabies vaccination; persons bringing cats into the community should be required to show proof of such vaccination; no exceptions should be made for cats kept indoors Establish rabies vaccination clinics operated by the municipal health department that charge preestablished fees Require that any vaccinated domestic cat who bites a person be quarantined securely on the premises of the animal's owner (or at the discretion of the director of public health, in a veterinary hospital or an animal shelter) for 10 days • Require that any unvaccinated domestic cat who comes into contact with a rabid wild animal be quarantined in a veterinary hospital or an animal shelter for at least six months or euthanized and tested SAMPLE RABIES VACCINATION ORDINANCE Wakulla County, Florida Sec. 6.004. Rabies vaccination required (a) Frequency; exception. Every dog and cat four (4) months of age or older shall be vaccinated against rabies with a U.S. Government -approved vaccine. Each animal shall be required to be vaccinated no more frequently than the effective period of the approved vaccine used. Such vaccination is excused only if a licensed veterinarian certifies in writing that vaccination would be injurious to the dog's or cat's health. In such case, the dog or cat shall be confined in an enclosed building or kennel until the dog or cat can be safely vaccinated. (b) Proof of vaccination; tags. Proof of vaccination shall consist of a rabies vaccination certificate, a rabies vaccination tag and identification tag which shall specify the name, address and telephone number of the owner of the animal. Such certificate and rabies tag shall be approved by the director of animal control. The rabies vaccination tag issued for one dog or cat shall not be valid for any other dog or cat. (c) Removal of tag. It is unlawful for any person to remove the rabies vaccination tag or identification tag of any currently vaccinated dog or cat unless: (1) The dog or cat is participating in any organized exhibition or field trial, or is training for these events, or is engaged in a legal sport under competent supervision; (2) A licensed veterinarian directs in writing that the rabies vaccination tag be removed for reasons of the dog's or cat's health. In such event, the dog or cat shall be confined until the veterinarian permits the tag again to be placed on the dog or cat; or (3) The animal is securely confined. (d) Display of proof. It is unlawful fon the owner of a dog or cat to refuse to show proof of current vaccination of such dog or cat by the end of the next business day if such information is requested by the director of animal control or any animal control officer. (e) Rabies information to go to county. Any person administering a rabies vaccination to a dog 'or cat within the county shall furnish the information contained therein to the division of animal control upon request. (f) Compliance with State Administrative Code. When any animal bites or wounds a human or when a human or domestic or captive wild animal is bitten by or exposed to rabies by a suspected or known rabid animal, the owner shall comply fully with Florida Administrative Code, chapter 10D-3, "Communicable Disease Control." (Ord. No. 91-45, 12-5-91) Sec. 6.005. Potential rabies carriers No person shall keep, own, possess or harbor any rabies carriers as a personal pet within Wakulla County, Florida. Owners of potential rabies carriers shall be allowed to keep, own, possess, or harbor such animal, provided that they are properly permitted through state or federal agencies. Adequate living quarters and confinement must be provided for the animal which are consistent with the species' normal requirements for size, shelter, exercise area, heat, ventilation, light and safety. All areas for the animal must be maintained in a sanitary manner. Carriers as defined in this article shall not apply to properly licensed or permitted museums, wildlife rehabilitators, zoological parks or research facilities. It shall be the responsibility of the owner of any potential rabies carrier animal to provide proof of the acquisition date and the animal's source if requested to do so by the division of animal control. (Ord. No, 91-45, 12-5-91) Sec. 6.006. Rabies control (a) Duty to report. It shall be the duty of any person having knowledge that an animal has bitten or otherwise exposed a person or domestic or captive wild animal to rabies to report the incident immediately to the division of animal control or to the county health officer for examination or for supervised quarantine of the animal at the expense of the owner. (b) Quarantine of cats or dogs. Any cat or dog which has bitten or exposed a human to rabies shall be quarantined for a period of not less than ten (10) days. (c) Procedures for rabies investigations to conform to state provisions: The procedures for the investigation of animal bites inflicted by animals other than dogs and cats shall be followed in accordance with the provisions set forth in the Florida Administrative Code, chapter l OD -3. (d) Location and conditions of examination. The location and conditions of examination or quarantine of animals which have bitten or otherwise exposed a person to rabies shall be established by the county health officer (Florida Administrative Code, chapter 1OD-3.) (e) Concealment, etc., prohibited. It shall be unlawful for any person to hide, conceal or refuse to surrender any �7� OF THE UNITED STATESL animal for examination or quarantine upon lawful demand to do so by the county health officer or by the division of animal control. (f) Duty of person having knowledge of rabies exposure Any person having knowledge that a domestic animal has been bitten by or otherwise exposed to rabies by a wild animal of a species commonly recognized to be a carrier of rabies such as, but not limited to, raccoons, foxes, skunks, bats and bobcats shall immediately report such bite or exposure to the county health officer or to the division of animal control for the investigation of such bite or exposure. (Ord. No. 91-45, 12-5-91) Mandatory Spaying and Neutering of Adopted Cats No animal shelter should ever place cats back into the community who haven't been spayed or neutered. Although the vast majority of animal shelters require the sterilization of all adopted animals as a matter of policy, an ordinance mandating that policy will serve as an effective enforcement mechanism. Mandatory sterilization laws typically require adopters of shelter animals to have the animals spayed or neutered within 30 days of adoption and adopters of animals younger than six months of age to pay a deposit toward future sterilization. In recent years, the growing number of veterinarians providing prepubertal spaying and neutering services (spaying and neutering dogs and cats as young as eight weeks of age) has made it possible for shelters to "pre -sterilize" all animals before sending them home with adopters. In this way, shelters do not have to enforce the mandatory sterilization law because all adopted pets have already been sterilized. SAMPLE MANDATORY SPAY/NEUTER ORDINANCES Note: In addition to the sample ordinances listed here, The HSUS has a model bill, "Mandatory Spaying and Neutering of Dogs and Cats." For a copy, contact The HSUS Government Affairs at 2100 L Street, NW, Washington, DC 20037; 202-452-1 [00; legislation@hsus.org. Bellevue, Washington 8.04.025 Mandatory spaying and neutering. A. No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to BCC 8.04.040. B. Guide dog puppies in training and police service dogs are exempted from provisions of this section. C. Any dog or cat over the age of six months adopted from an animal shelter in the city shall be spayed or neutered before transfer to owner. (Ord. 4577 $ 2, 1993) Richmond, Virginia Sec. 4-26. Spaying and neutering of animals prior to adoption. All dogs and cats that come into the care of the City Animal Shelter and subsequently become available for adoption shall be spayed or neutered prior to releasing custody of such animals for adoption. However, such dogs and cats shall not be spayed or neutered until they obtain a sufficient age or size to undergo such sterilization procedure and the City Animal Shelter has received payment of the adoption fee required by section 4-27. (Ord. 99-394-372, § 1, 12-13-99) Spaying and Neutering of Outdoor Cats Many communities have begun to look at ways to address the problems caused by cats who spend most or all of their time outdoors. To help stop these free -roaming cats from breeding indiscriminately, they have passed ordinances requiring that all cats allowed to roam outside be spayed or neutered. Such provisions do little to protect the cats in question but do help lower the number of surplus cats within communities. Registration of cats should be a prerequisite of this kind of provision so that animals and their owners may be identified and the ordinance enforced. SAMPLE OUTDOOR CAT SPAY/NEUTER ORDINANCES Riverside, California 6.08.030 Control of unspayed and unaltered cats. It is unlawful for any person who owns, harbors or keeps any unspayed or unaltered cat four months of age or older within the unincorporated area of Riverside County to allow or permit such unspayed or unaltered cat to be or remain outdoors in such unincorporated areas. (Ord. 630.7 § 3, 1999) El Dorado, Arkansas Ord. 6-31, Section 1. Spay/Neuter. Owners of cats allowed outdoors must sterilize the cat(s) by the age of six (6) months. (Ord. 6-31, El Dorado, Ark.) Petaluma, California Sec. 9.08.120 Animals at Large F No person owning or otherwise having a cat over six (6) months of age in his care, charge, control, custody, or possession shall cause, permit, or allow such cat to be in or upon any public street, road, alley, or other public or private place other than the animal owner's property unless such cat is spayed or neutered. An animal control officer is empowered to seize and impound every cat found in violation of this section and shall require owners of the cat to either spay or neuter the cat or to produce a certificate of sterilization signed and dated by a veterinarian which lists the veterinarian's name, clinic's name, address, telephone, license number, pet name, age, breed, and adequate description of the cat. (Ord. 2045, Sec. 9.08.120, City of Petaluma, Calif., Municipal Code) Mandatory Minimum Shelter Stray Holding Period Minimum stray -animal holding periods are designed to allow the owners of lost animals time to reclaim their lost pets from local sheltering facilities. The holding period for stray cats should be consistent with that established for stray dogs, preferably five days, including a Saturday; this policy should allow for euthanasia of suffering animals before completion of the holding period. Some jurisdictions mandate longer holding periods (for example, nine days) for impounded animals wearing some form of identification. This gives cats with strong evidence of ownership extra time to be reclaimed. SAMPLE MINIMUM SHELTER STRAY HOLDING PERIOD ORDINANCE North Richland Hills, Texas Section 3.2 Disposition of Impounded Animals 3.2.A Dogs and Cats with No Identification: All dogs and cats impounded by the Animal Services Division or brought to the Animal Services Center by a person other than the harborer or owner of that animal shall be held for a minimum of ninety-six (96) hours during which time period the owner may present proof of ownership at the Center and after paying all applicable fees, that owner may reclaim the dog/cat. In the event that the dog/cat is not claimed after ninety-six (96) hours in the Center, that dog/cat shall become the property of the City of North Richland Hills. 3.2.B Dogs and Cats with Identification: All dogs and cats impounded by the Animal Services Division or brought to the Animal Services Center by a person other than the harborer or owner of that animal that are wearing traceable identification or where an owner is known shall be held in the Center for a minimum of seven (7) complete days from the time the animal enters the facility, during which time the Animal Services Division shall notify the owner, when known, of the impoundment. Unless the owner has notified the animal Services Division in writing of his/her intentions to claim the dog/cat after that date, listing a date by which time that owner will reclaim the dog/cat and satisfy all applicable fees and this arrangement has been approved by the Animal Services Supervisor, the animal shall become the property of the City of North Richland Hills on the eighth (8th) day. 3.2.0 Animals Surrendered by Owner/Harborer: All animals surrendered by the owner/harborer to the Animal Services Division shall become the property of the City of North Richland Hills immediately upon completion of the Owner/Harborer Surrender form. (Ord. 1848, Article 3, City of North Richland Hills, Texas) Cat Control and Restraint Laws requiring that cats he kept indoors or under supervision when outdoors are the most effective way for communities to gradually eliminate their cat -related problems and ensure that cats receive the protection and care they deserve. "Control" and "restraint" are defined in various ways, but basically, when a cat is controlled (or safely confined), that cat's behavior is restricted either by the supervision of the owner or the fact that the cat is within a house; when a cat is restrained, that cat's behavior is restricted by the use of a leash and harness or similar device. The HSUS recommends that cats be under the direct supervision and control of their caregivers. The organization does not recommend that cats (or dogs) be tied when unsupervised, since a tied animal cannot escape attack from other animals or humans and because tying an animal outside makes that animal much more vulnerable to being stolen. Cat restraint and control can be a controversial issue. Em OF THE UNITED TATE$ Many people argue that it isn't "natural" to keep a cat indoors or otherwise safely confined. Unfortunately, this belief is self-perpetuating, especially if a pet caregiver makes no effort to provide the cat with a stimulating indoor environment. While most cats enjoy being outside where they can hunt prey and explore their surroundings, it's a myth that going outside is a prerequisite for feline happiness. Playing with an indoor cat easily satisfies the animal's stalking instinct and keeps the cat stimulated and healthy through exercise. In fact, the indoor cat who get lots of attention and playtime is generally happier than the indoor -outdoor cat who is largely ignored by his or her human companions. Cat owners can easily create feline -friendly homes that meet all of their cats' needs. Many innovative and fun toys can help make the indoor life a great and safe adventure. Finally, cats don't have to be deprived of the great outdoors to stay safe. Cats can be trained to accept a harness and a leash, and cat fences and enclosures can allow them to experience all the pleasures of the great outdoors without all of the risks. SAMPLE CONTROL AND RESTRAINT ORDINANCES Overland Park, Kansas 6.08.020 Dog and cat control. B. Cat Control. All cats must be under the control of their owner, keeper or harborer at all times. For the purpose of this section, a cat shall be considered not under control and in violation of this section in the following situations: 1. If a neighbor complains orally or in writing to the owner, keeper or harborer of a cat, that the cat is entering upon the neighbor's property, then the cat's presence on the neighbor's property at any time subsequent to the neighbor's complaint shall constitute a violation of this section; 2. If a cat causes injury to persons or animals; 3. If a cat causes damage to property off its owner's, keeper's or harborer's property to include, but not limited to, breaking, bruising, tearing up, digging up, crushing or injuring any lawn, garden, flower bed, plant, shrub or tree in any manner or defecating or urinating upon any private property. (Ord. DAC -1679 S 9,91; DAC -1385 $ 5, 86; DAC -1311 4, 85; DAC -1091 5 2, 80; DAC -697) Muscle Shoals, Alabama Sec. 14-8. Dogs and cats; restraint. (a) Dogs. All dogs shall be kept under restraint or prevented from being at large. (b) Cats. It shall be unlawful for the owner or any person having custody or control of any cat within the corporate limits or the police jurisdiction of the city to allow said cat to run at large if said cat habitually causes destruction or damage to the property of another or creates a nuisance. Provided, however, that no prosecution shall be commenced and no arrest made pursuant to this section except upon affidavit made by the aggrieved party before a judge or magistrate of the municipal court and a warrant issued by said judge or magistrate. (Ord. No. 1154-95, art. I, § 7, 5-1-95; Ord. No. 1169-96, art. I, S 7, 7-1-96) Aurora, Colorado Sec. 14-101. Running at large. (a) Prohibited. It shall be unlawful for the owner of any cat to fail to keep the cat from running at large within the city. (1) For the purposes of this chapter, a cat not physically restrained when off the premises of the owner or custodian shall be deemed running at large. (2) For purposes of this chapter, the term "premises of the owner or custodian" shall be defined as the residence of the owner or custodian, including the attached property surrounding the residence that is leased or owned by the owner or custodian, but not including any common area, park or recreational property jointly owned or leased by the members of a homeowners' or tenants' association. (3) No cat shall be deemed to be running at large when the animal is upon the premises of the owner. (4) Any cat enclosed within the automobile or other vehicle of its owner or custodian shall be deemed to be upon the owner's or custodian's premises. (b) Penalty. Any person found guilty of violating this section shall, upon the first conviction, be subject to the payment of a fine of not less than $15.00, upon the conviction of a second offense occurring within a one-year period shall be fined a sum not less than $25.00, and upon the third and subsequent offenses committed within a one-year period shall be fined an amount not less than $75.00 nor more than $1,000.00. In addition to the fines stated in this subsection, a person convicted under this section, may be subject to not more than one year in jail. None of the fines shall be suspended by the municipal court. Nothing in this subsection shall be construed as preventing the animal care officer from instituting a proceeding in the municipal court for violation of this section where there has been no impoundment. (Code 1979, S 7-30; Ord. No. 97-51, S 8, 10-13-97) Restrictions on the Number of Cats Per Household (Cat Limitation) In an effort to solve certain problems associated with individuals attempting to care for too many cats, some communities have passed ordinances limiting the number of cats allowed per household. These so-called "cat limitation laws," which are most common in urban and suburban areas, have several benefits. The most significant is that they enable governments to more easily resolve animal hoarder cases. Animal hoarders are individuals who accumulate so many animals (in the dozens or even hundreds) that they are unable to provide even minimal standards of nutrition, sanitation, and veterinary care. Many hoarders accumulate cats, and these individuals frequently do not recognize the suffering they cause the animals. Under a cat limitation ordinance, officials are able to immediately remove suffering cats without having to first prove animal cruelty. In addition to hoarder control, cat limitation laws also give animal care and control officials an additional tool to resolve certain nuisance complaints. The most common scenario involves a well-meaning individual who feeds large numbers of stray and/or feral cats but fails to get the animals sterilized. A well -crafted limitation ordinance helps empower officials to resolve complaints by neighbors and business owners; in fact, a cat limitation ordinance works best when implemented in conjunction with programs that create incentives for feral cat caretakers to more actively manage the cats they feed. Cat limitation laws can be controversial. Those able to responsibly care for a large number of cats may feel that an arbitrary limit penalizes them for no reason. As a result, these cat owners may be driven "underground" and avoid registering their cats, and some may actively oppose other cat care and control legislation. For these reajons it is essential that a cat limit include provisions that allow responsible cat caregivers to care for additional cats provided certain criteria are met. To be both effective and politically feasible, a proposed cat limitation ordinance should include: • A clause that "grandfathers" in those cat owners who have more than the maximum number of cats allowed • A mechanism that allows certain cat owners to keep more cats than the limit—for example, cat breeders and other fanciers as well as cat owners who can responsibly care for more cats; some jurisdictions allow these individuals to purchase "hobby permits" (for a nominal fee) and require annual premise inspections to ensure proper standards of care • A cat registration requirement that clearly defines what constitutes "ownership" of cats; this enables local officials, for example, to determine when a frequent feeder of feral cats can be considered an "owner" under the ordinance SAMPLE CAT LIMITATION ORDINANCE Aurora, Colorado Sec. 14-102. Excessive number prohibited. (a) It shall be unlawful to own, keep or harbor more than five cats that are four months of age or older on any premises. Only one litter of offspring may be kept on the premises until the age of four months. Exceptions are as follows: (1) Licensed kennels, pet shops, city shelters and individuals in possession of a valid fancier's permit with the conditions established by the city council for the permit. In no event shall the permit authorize the possession of more than ten cats. (2) Individuals exceeding the allowable number of cats at the time of the enactment of the ordinance from which this section derives may be permitted excess allowable number of cats if the specific existing cats were licensed by the animal care division at the time this section became effective on February 18, 1994. (b) It shall be affirmative defense to excessive number of cats prohibited if the owner is engaged in a bona fide effort to rescue cats and possesses an animal rescue permit. The owner must make application for the permit to the animal care division within 14 days of taking custody of the additional cats. The permit shall give the owner three months to dispose of the cats or otherwise return to the limit of permitted cats. A maximum of two rescue permits shall be issued to a household at any one time. (Code 1979, S 7-31; Ord. No. 97-51, S 9, 10-13-97; Ord. No. 2002-02, S 1, 2-25-2002) Feral Cat Caretaker Registration Programs Recognizing the challenges associated with feral cats, some communities have passed cat registration ordinances that include registration of feral cat colonies or caretakers. These ordinances and the programs created in support of them are _»_ OF THE UNITED bTATESL designed to manage and ultimately eliminate feral cat colonies. The laws often piggyback on the efforts of volunteer feral cat feeders. When crafted properly, they provide incentives to help those who regularly feed feral cats and ensure that colonies are managed effectively and in a way that ensures harmony between feral car caretakers, property owners, and animal care and control officials. In recent years, traditional trap, sterilize, and release programs have been supplanted by more responsibly managed programs that trap, test, vaccinate, alter, release, and monitor (TTVARM) free -roaming cats. The goal of any TTVARM program should be to stabilize and eventually eliminate the colony through attrition. An effective program that seeks to address the issue of feral cats should: • Make sure that feral cat colony maintenance programs are consistent with cat -related laws such as mandatory shelter holding periods for stray animals and ordinances prohibiting cats from roaming at large • Register caretakers who are willing to devote the time and resources necessary to fulfill program goals; in cooperation with caretakers, develop uniform guidelines covering colony care and maintenance, spaying and neutering, health monitoring, census taking, and related topics • Assess each area to determine whether a colony can be safely maintained; for example, colonies should not be maintained near roads with heavy traffic or in areas with extreme weather conditions and insufficient shelter • Assess the impact of feral cats on local wildlife populations before deciding whether to return the animals to an area; cat colonies should never be maintained on lands managed for the benefit of wildlife (such as wildlife sanctuaries) • Secure the permission of landowners and residents to maintain feral cat populations on their properties • Assess the carrying capacity of each area to determine how many cats can be released; carrying capacity should be based on the number of colony members, the number of caretakers, the size and nature of the area, and the available resources • Before trapping, place trapping -notification signs in the area and distribute informational leaflets to residents to give owners of outdoor cats a reasonable amount of time to safely confine their cats; signs and leaflets should also educate readers about abandonment laws and any restrictions on feeding unowned cats • Schedule several days for live -trapping and follow humane trapping guidelines; ensure that traps are checked frequently (ideally every two to three hours, at a minimum every eight hours) so that captured animals can be transported quickly • Carefully evaluate captured cats to determine whether they are appropriate candidates for readmission into the colony; socialized cats should be removed from the colony and, if possible, placed for adoption • Test trapped cats for fatal infectious diseases such as feline leukemia (FeLV) and feline immunodeficiency virus (FIV); remove from the colony any cats who test positive for FeLV, FIV, or any other chronic or debilitating disease • Prior to release, vaccinate cats against rabies and other common diseases or viruses for which vaccinations are available • Sterilize cats prior to release • Permanently identify animals prior to release using a microchip and/or a visible means of identification such as ear tipping (also called ear notching) or tattooing; to help identify from a distance which feral cats have been sterilized, some communities notch the left ears of male feral cats who have been sterilized and the right ears of female feral cats • Immediately trap any new cats who enter a colony and assess them for placement or release SAMPLE FERAL CAT REGISTRATION ORDINANCE Cape May, New Jersey Chapter 5 (Animal Control), Section 11: Feeding of Wild Cats 5-11.1 Definition. Feral cat shall mean any homeless, stray, wild or untamed cat. (Ord. No. 1046-95 § 6-20.1) 5-11.2 Unlawful Care It is unlawful for any person to intentionally provide food, water, or other forms of sustenance to a feral cat or feral cat colony unless the person has furnished a signed statement to the Animal Control Officer agreeing to comply with the following conditions: a. Annual registration with the Animal Control Officer as caring for feral cats; b. Assure responsibility and arrangements for feeding the cat or cat colony regularly throughout the year, including weekends, holidays and vacations of the person registered; c. Regular and frequent trapping of cats over the age of eight (8) weeks to have them spayed or neutered; d. Arrange to have all trapped cats tested for feline leukemia and to have those who test positive humanely euthanized or isolated indoors; e. Identify all trapped cats by tipping their ears; and f. Arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the State. (Ord. No. 1096-95 S 6-20.2) Enforcement THE ABILITY TO ENFORCE A LAW is critical when it comes to legislation regarding cats. In many communities, animal care and control programs have been geared toward dogs, not cats. But as the number of cats within communities climbs, these agencies must respond to the problems that result. As municipalities consider legislation to address these problems, they must also consider what will be required to enforce such legislation. This should include the following: 0 An adequate staff that is trained to handle cats • Equipment for humanely holding and handling cats, both in the field and in the shelter • Facilities and equipment (including cages, handling equipment, food, supplies, and basic medical provisions) suited to holding and providing necessary care for cats • A sufficient level of allocated funds to support enforcement efforts The vast majority of cities and counties that have passed progressive cat legislation use a complaint -based enforcement system. This enables animal care and control agencies to respond to complaints with the force of law behind them, while recognizing that available resources— and public sentiment—usually do not support more aggressive enforcement of cat -related laws. A law requiring control and restraint of cats, for example, easily allows animal control personnel to respond to complaints about nuisance cats. Getting Your Cat Law Enacted: Advice for Advocates AT WHAT LEVEL of government should you pursue your legislation? Should you go to the city council, county government, or state legislature? While a state law helps the most animals, working for enactment of a local ordinance makes the most sense if you are primarily concerned about a local problem. First, local animal care and control laws are generally easier to get funded—and that is also where they will be enforced. In addition, once several local jurisdictions have passed ordinances covering the same issue, a similar state law will be more politically feasible. Finally, because it is easier to work for change in your own geographic region and with people you know, you might want to make your first attempt at the city or county level. Documenting the Problems Before presenting your case for an ordinance, you must document the cat -related issues and problems in your community. Here are suggested steps: 1. Compile these statistics for your community shelter: • How many cats enter local shelter(s) each year? • How many of those cats are stray (cats who, it is reasonable to assume, may have owners but who have either become lost or been turned loose or abandoned) and how many have been surrendered? • How many stray cats entering the shelter(s) are reclaimed by their owners? • How many cats are adopted? • How many cats are euthanized? This information can support your case for the necessity of legislation. As an example, with few exceptions, the percentage of stray cats returned to their owners is abysmally low, while for dogs it can be quite high. Statistics from your local shelter(s) may show, for example, that cats make up a relatively high percentage (often above 50 percent) of the animals entering the facilities and that the percentage has been increasing steadily in recent years. The data may also show a wide disparity between the reclaim rate for dogs and that for cats. If this is the case, one explanation is that few cats wear any form of identification. A law requiring that cats be registered and wear registration tags can increase the number of lost cats who are returned to their owners. 2. Track the number and kinds of complaints that animal care and control agencies receive regarding cats; these will include, but not be limited to, general nuisance calls and reports of attacks on wildlife, destruction of property, and cats roaming "at large." Registration laws will make it possible to hold cat owners accountable for problems caused by their cats. (This information may not be easily obtained.) 3. Document all cases of neglect, cruelty, and injuries (including, if possible, incidents involving cats being injured or killed by cars). Do not limit your investigation to police records or the courts; look also to the records of animal care -13- OF THE NREO TATE$ and control personnel. Besides the obvious tragedy for the animal, there are public safety concerns regarding cats injured or killed by motor vehicles. 4. Document public health problems that relate to cats. Include diseases that are spread from cat to cat as well as those spread between cats and other animals. In the United States, there are more incidences of rabies in cats than in dogs. The number of reported cases of cats biting humans is steadily increasing. Cats who are allowed to roam freely are more likely to come in contact with rabid wildlife and contribute to the spread of this disease. Making rabies vaccination a prerequisite for registration will help halt this spread. The information you have gathered will be useful and necessary as you explain why an ordinance regarding cats is important in your area. Your efforts to educate people about the need for such legislation can make a critical difference in whether the ordinance passes. Those who resist cat registration may do so out of belief that mandatory registration is another way for government to interfere in the lives (and delve into the pockets) of citizens. They do not see that what registration laws do is provide cats with the same consideration and protection currently received by dogs in the majority of communities. Mandatory registration will hold cat owners accountable for their pets' actions just as dog owners are responsible for their dogs' actions. Legislative Tips Once you have documented the issues and problems, follow these tips to improve your odds of success: • • Know the process. Learn how the legislative process works in your jurisdiction and how an ordinance gets passed into law. Working toward passage of a city or county ordinance will be different from working toward passage of a state statute. (Note: This publication refers to local legislators as "council members," but in your jurisdiction they may be referred to as selectmen, aldermen, or some other name.) Work with your local animal care And control agency. It's vital to work in partnership with your local animal control department or nonprofit humane organization (if the latter has a contract to provide animal control and/or sheltering services in your community). That agency will be responsible for implementing and enforcing the ordinance provisions, and in many communities may wield considerable influence with local council members. Remember that enforcement is a key part of the success of most laws, and that if the enforcing agency isn't an enthusiastic supporter of your idea, you'll have made few gains for cats. • Be inclusive. Before you begin to work on an ordinance, discuss your effort with others who will be most involved. For example, if you want to do something about feral cats, invite established feral cat caretakers to the table. Understand that your full agenda might not be reachable, but that successful public policy usually involves a series of compromises and incremental steps. • Neutralize potential opposition. If the bill would have a negative impact on a specific group, or even if a group indicates that the bill might have a negative impact on it, try to work with the group early in the process. The more opposition you can negate, the better the chances for your bill. • Involve veterinarians. Whenever a bill affects animals, legislators will defer to a veterinarian. For a municipal ordinance, enlist the support of local veterinarians. 0 Get help in drafting your ordinance. Although it should be clear to you what your objectives are and what kind of structure your program should have, the actual language of the ordinance should be drafted by professionals. You may be able to enlist the expertise of a local humane society board member who is a lawyer or has an association with a law firm or the counsel who works for the city or county council. You can also ask for pro bono help from a local law firm. • Define your terms. A good ordinance includes definitions of terms that might not be clear. For example, the term "animal" has many different meanings depending upon how an ordinance defines it. What exactly is meant by "animal shelter"—all public and private facilities? What is "proper restraint"? • Draft your ordinance with costs in mind. Try to create a program that generates sufficient funding to cover its expenses. It is best if only cat owners are forced to pay; funding generated this way is referred to as a "user's fee." Programs that cost the municipality money to implement but that aren't funded by new revenue streams often go unimplemented. • Consider exceptions to the ordinance's coverage. Should you exempt certain cats from your proposed legislation? For instance, an ordinance requiring the sterilization of cats could exempt those cats who, in the opinion of a veterinarian, should not have the surgery for health reasons (provided those cats are kept exclusively indoors). Similarly, a law requiring mandatory registration could include special provisions for feral cat caretakers who register with the city or county. • Find a good sponsor for your ordinance. Approach legislators who have sponsored animal protection laws in the past. If the bill must be heard (considered or examined) by a committee, try to get someone on that committee to sponsor your bill. • Develop healthy relationships. As you lobby for your bill, be sure to develop good relationships with key legislators and legislative staff, including the ordinance sponsor's staff. They have great influence over what happens, and they can provide you with important information and insight. • Don't overwhelm your council members with material. But do provide whatever information they need. As the ordinance goes through the process, you will probably be called upon to provide additional information, lobby certain members of the council, alert your supporters, and talk with the press. Don't expect the ordinance to move on its own. • 171 • • Know when to compromise. Rarely does an ordinance become law without being amended. Sometimes you can include provisions knowing that they will be compromised away at a later date. Don't be surprised if you can't get all the provisions you want, but be prepared to make hard choices. In general, if the amended ordinance will still help animals without lessening protections they already have, then it is better to pass a lesser ordinance than nothing. You can try again later to increase protection. Know who the opposition is. Don't let your council members be surprised to find out that a major constituent group strenuously opposes the bill. If you inform them about the opposition's objections early on and explain why they are misguided, you will be more successful. Form a coalition of backers for your bill. In addition to the humane community and veterinarians, seek endorsement from groups with an interest in cat welfare, cat breeders, birders and other wildlife advocates, law enforcement officials, chambers of commerce, civic associations, government workers, key members in the community, public health officials, and student groups. Think of anyone who will be better off if your ordinance passes for reasons such as safety, taxpayer savings, and fewer neighborhood problems. A Work the media. Contact the local newspapers and other members of the media early in the process to explain your issue and why your proposed ordinance is important. Don't assume that they will get good, fair information if you don't supply it to them. And remember that letters to the editor are an effective tool for getting information to your community. • If hearings are held, carefully choose who will testify for your ordinance. It should be someone who is comfortable with public speaking and who can deftly handle any questions that come up. (It may be possible to give testimony with someone at your side who can provide facts.) Anyone who has a relevant human interest story to tell is good, but testimony should be kept short. It should be given from notes and make no more than four or five clear points. Try to pack the room with your supporters; they can wear badges or carry signs of support. Avoid emotional appeals. • Be polite. This is especially important when lobbying council members to support your ordinance. Even if they won't support you on this ordinance, they may work with you in the future on another issue. • Be honest. If you don't know the answer to a question that a legislator or staff member asks, just say so. Tell the person that you will get back to him or her with the correct information, and then follow up. • Always identify yourself to city or county council members. Make it clear what issue you are discussing and whether you are representing yourself or a group. • Tell legislators why their districts need this ordinance. • Consider a "sunset" provision. If you don't think your ordinance will pass, a strategy to make it more acceptable is to add a provision that would limit the ordinance's effect to a two-, three-, or five-year period. At that time, if the program implemented has not been successful, it would be eliminated. If it has been successful, the city or county council may reauthorize it. For a good primer on the legislative process (with an emphasis on the federal level), order Working for Animals: A Handbook for Lobbyists, available from The HSUS. See pages 16-17 for ordering information. For additional assistance with your legislative initiatives, contact The HSUS Government Affairs at 2100 L Street, NW, Washington, DC 20037; 202-452-1100; legislation@lisus.org. Generous support for the Safe Cats" campaign was provided by The Kenneth A. Scott Charitable Trust, a KeyBank Trust, and the Frances V. R. Seebe Charitable Trust. -115- 4k Study Session #2 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM April 2, 2007 To: Honorable Mayor and Members of the City Council From: Bob Rose y7 Director of o unity ry"ices Via: James DeSt01'�a" City Manager RE: Canary Island Pine Trees One of the goals of the City Council as stated in the 2006/07 FY Goals and Objectives is to start removing the Canary Island Pine Trees that line the major arterials in Diamond Bar. The goal requests a plan from staff to remove these trees over a multi-year period of time. There are currently 466 Canary Island Pine Trees planted along the major arterials, not counting those planted in the medians or on City -owned slopes. The trees are located on the following streets: Major Arterial Golden Springs Diamond Bar Blvd. Brea Canyon Road TOTAL # Canary Island Pine Trees 235 186 45 466 The average cost to remove each tree and its stump is $400. The cost to plant a 24" box replacement tree is $190. The cost to remove all 466 trees and replace them with new trees is about $275,000. A five year plan would remove and replace just under 100 trees per year and cost about $55,000 per year. A ten year plan would remove and replace just under 50 trees per year and cost about $27,500 per year. Staff understands that the reason these Canary Island Pine Trees are being considered for removal is because of the damage they cause to the sidewalks. The trees are planted primarily in 36" square tree wells, but Canary Island Pine Trees require a larger growing space. The City's current policy is to replace damaged sidewalks caused by Canary Island Pine Trees with 48" square tree wells, when space permits. Staff is asking the City Council to reconsider its goal for removal of these 466 Canary Island Pine Trees. There are several reasons for this request: 1. The estimated value of each Canary Island Pine Tree is about $5,000*. The total value of the 466 trees is about $2,330,000. Canary Island Pine Trees are among the most valuable trees in the City's tree inventory. The average value of a tree in Diamond Bar is about $2,000**. 2. The aesthetic look of Diamond Bar is enhanced by these mature trees. Replacement trees will take at least 10 years and more likely up to 20 years to grow to a mature size. 3. The environmental benefit of the mature trees is greater as well. The cooling effects of the transpiration process and conversion of carbon dioxide to oxygen are major benefits of the larger, mature trees. Staff is seeking direction from the City Council on this matter. Staff prefers to continue with the current policy to expand tree wells to 48" square (where space permits) when repairing sidewalks and to retain the mature Canary Island Pine Trees along the major arterials in Diamond Bar. Staff is available to answer any specific questions that Council Members may have. *There are 14,005 trees listed in the Diamond Bar tree inventory with a total estimated value of $27,513,060. The average value per tree is $1,965. **There are a total of 1,103 Canary Island Pine Trees in the Diamond Bar tree inventory with a total estimated value of $5,470,210. The average value per Canary Island Pine Tree is $4,959. CITY OF DIAMOND BAR Agenda No. 6.1(a) CITY COUNCIL STUDY SESSION APRIL 3, 2007, STUDY SESSION: M/Tye called the Study Session to order at 6:07 in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Everett, Herrera, MPT/Tanaka and Mayor Tye. Also Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; John Cotti, Asst. City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Chief John Nieto, L.A. County Fire; Captain Mike Kwan, L.A. County Sheriff; Lt. Joe Maxey, L.A. County Sheriff, and Tommye Cribbins, City Clerk. 10. DISCUSSION AND ACTION REGARDING CREATION OF A PUBLIC SAFETY SUB -COMMITTEE. CM/DeStefano presented a brief history of the public safety committee and said that since returning to D.B. he has talked with staff and public officials about the recommended format of the Public Safety Sub -committee acting as a sub- committee of the City Council and serving as a liaison with the public entities. The Public Safety Sub -committee as proposed would include members Chief John Nieto L.A. County Fire, Captain Mike Kwan L.A. County Sheriff, Lt. Joe Maxey, L.A. County Sheriff (or their backups), two City Council Members (Mayor and Mayor Pro Tem), the City Manager and Asst. City Manager. This group would meet on an as needed basis or on a scheduled basis four to six times a year. The sub -committee would consider public safety concerns, emergency preparedness issues, fire prevention issues, and ongoing needs and concerns of law enforcement and public safety agencies. Staff would recommend that the sub -committee include other law enforcement and public safety related agencies as needed depending on the topic of discussion such as animal control, CHP, Code Enforcement, Personnel issues, etc. MPT/Tanaka liked the recommendation for the sub -committee and felt it should meet on a regular basis — monthly or quarterly. C/Chang agreed with staff's recommendation as well. C/Herrera asked if the Traffic and Transportation Commission would still meet? CM/DeStefano responded to C/Herrera that his recommendation was to continue with the Traffic and Transportation Commission and that he has discussed with PWD/Liu the idea of giving the Commission additional tasks that could better assist the City Council such as the Neighborhood Traffic Management Program. APRIL 3, 2007 PAGE 2 CC STUDY SESSION C/Herrera said she liked the concept. C/Everett liked what he heard and liked the definition as it had been laid out. He stated that he would be in favor of a minimum of two scheduled meetings per year or quarterly and then on an as -needed basis. C/Herrera recommended that the sub -committee meet quarterly at a minimum and more as needed. Captain Kwan felt the makeup of the sub -committee would better address the community needs. Both Chief Nieto and Lt. Maxey concurred. M/Tye said he wanted to avoid having a meeting for the sake of having a meeting. The Council concurred to form the sub -committee as recommended and leave it to the sub -committee to determine when meetings would be held. PUBLIC COMMENTS: None ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Study Session at 6:19 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this da of y 2007. STEVE TYE, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND APRIL 3, 2007 DRAFT CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.8 — Conference with Real Property Negotiators Property Negotiations: Address: Portion of Lot 13, Tract No. 3941 and Portion of Lot 3, Tract No. 3941 Agency Negotiator City Manager Negotiating Party Robert R. Reed Family Trust CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA, CM/DeStefano reported that Council began the evening in Closed Session to discuss property that the City has in escrow to purchase, and Council provided direction to its negotiator. During tonight's Study Session the Council concurred to form a Public Safety Sub- committee of the City Council, which will be comprised of the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Sheriffs Lieutenant, Sheriff's Captain and Assistant Fire Chief. The purpose of the Sub -committee is to provide liaison and overview of the Sheriffs and Fire Departments as well as law enforcement needs for the community. PLEDGE OF ALLEGIANCE: INVOCATION: gave the invocation. ROLL CALL: Tem Tanaka, and Mayor Tye. Wanda Tanaka led the Pledge of Allegiance. Pastor Jim Price, Diamond Canyon Christian Church, Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; John Cotti, Asst. City Attorney; Ken Desforges, IS Director; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director; Marsha Roa, Public Information Manager„ Ryan McLean, Senior Management Analyst; Alfredo Estevez, Desktop Support Technician; Tommye Cribbins, City Clerk; Sara Somogyi, Recreation Services Manager; Anthony Jordan, Parks and Maintenance Superintendent;; Rick Yee, Senior Engineer and Kimberly Molina, Assistant Engineer. APRIL 3, 2007 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: As Submitted. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera proclaimed April 27, 2007 as Arbor Day and presented the Proclamation to Parks and Maintenance Superintendent Anthony Jordan. 1.2 Proclaiming April, 2007 as Child Abuse Prevention Month. To be mailed. 1.3 Proclaiming April 15-21, 2007 as Recording for the Blind & Dyslexic's, Record-A-Thon Week. To be mailed. 1.4 Everett proclaimed April 2007 as DMV/Donate Life California Month and presented the Proclamation to Kenny Wong, organ donor recipient and Patricia Elizarraraz a three -time organ donor recipient. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Rick Meza, representing Southern California Edison made a power point presentation regarding the proposed Tehachapi Renewable Transmission Project. Mr. Meza stated that California's demand for electricity and electricity produced by renewable power sources such as wind power continues to grow and that the TRTP project would meet two State requirements: 1) State law requiring that at least 20% of electricity that Edison delivers to its customers be produced through renewable sources by the year 2010, and 2) the Global Warming Solutions Act of 2006 calling for capping California's Greenhouse Gas Emission at 1990 levels by 2020. The entire project would serve 3 million homes, thus this project would strengthen and enhance the reliability of Edison's transmission system to meet the increasing demand for Southern California electricity customers. The project will use existing transmission lines and rights-of-way in which the current 220 kb transmission towers and lines will be replaced with 500 kb transmission towers and lines. Construction of the segment located along D.B.'s southerly border is slated to commence in the Summer of 2009 and conclude the second quarter of 2011. He further stated that he and the project manager intend to work closely with CM/DeStefano and staff regarding any concerns and requirements in order to ensure the least amount of impact to the City. Mr. Meza invited the Council and community to an open house on April 16 at the Diamond Bar Center from 4:30 p.m. to 7:30 p.m. The open house will be duly noticed in area publications. Mr. Meza responded to C/Everett that this would be a new wind farm producing about 4500 megawatts of power. Wind power is one of the better ways of producing power. Edison will submit its application to the PUC by the end of June 2007 for this portion of the project (Segment 4 through 11) that originates from the Kern County area and continues down through the APRIL 3, 2007 PAGE 3 CITY COUNCIL San Gabriel Valley along the 605 Freeway, through Rowland Heights and Hacienda Heights through D.B. and Chino. Public Hearings will follow. 3. PUBLIC COMMENTS: Jerry Hamilton thanked staff for the many services provide to the City's seniors. He suggested that seniors obtain a copy of the directory of services available at the Diamond Bar Center. Greg Horton, 724 Farben Dr., voiced his concern about the group home that opened next to his residence. Crime has increased significantly in his neighborhood and he felt the home was completely out of control. He asked that the Council place this matter on a future agenda for review and consider subjecting these types of homes to the CUP process. Brian Doyle, 700 Farben Dr. also spoke about the problems associated with the group home and how it negatively affects his family and families on his street. He asked for the Council's help to remedy the situation. Bill Dennis, 736 Farben Dr. felt this group home business should not have been located in a residential neighborhood. Kathy Nolan, 23463 Wagon Trail Rd. said her backyard faces Farben and she has the same concerns as previous speakers. She stated that she had spoken with LA Family and Children's Services to no avail. She also spoke with Social Services on the same day. Social Services visited on Thursday during the day and that evening the police were at the group home again. One of the workshops she attended during the League of Cities Conference as a Planning Commissioner discussed group homes. There is a misconception that cities don't have a say in the placement of these group homes because the homes are funded by the State and approved by the County. CUP's are required depending on the number of residents, ages and criminal offenses. Residents living in the area of this group home are extremely concerned. She offered her conference materials to the City Council should the Council wish to hold a study session on this matter. Fidel Riesgo, 23427 Robinbrook PI. representing the VA Mental Health Clinic in East Los Angeles spoke about the upcoming 22nd Nation Veterans Golden Age Games being held in Houston, Texas. Mr. Riesgo asked for a donation from the City to help with the event. Allen Wilson asked for clarification of Item 6.11 and wanted to know if the Traffic and Transportation had studied this matter. He also wanted to know why the City chose to go with the highest bid. Irene Wang announced a temporary two week closure of the Diamond Bar Library APRIL 3, 2007 PAGE 4 CITY COUNCIL from Monday April 23 to Sunday, May 6 for interior improvements. The library will reopen Monday, May 7 at 12:00 noon. During the closure individuals can visit libraries at Rowland Heights, Hacienda Heights or La Puente. Hours, addresses and telephone numbers will be available at the Diamond Bar Library while it remains open. M/Tye asked if the improvements were those recommended by the Library Task Force. Ms. Wang responded affirmatively. Dan Nolan said it was very disheartening to come home to the type of activities that routinely take place at the group home on Farben Dr. Residents need help from their City Council. Mark Ferguson, 721 Farben Dr., asked the City Council to help with the out of control situation on his street. He suggested that perhaps the staff members of the group home were not qualified to assist the residents and the owner should be present. On several occasions he has seen a vehicle from the County of San Bernardino at the group home. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano stated that he had learned about the group home about 26 hours ago and that he has directed action by the Sheriff's Department and a variety of other staffers within the City. Staff was not previously aware that there was a group home at that location and no information was ever provided to the City that a group home was placed at that location. There are many group homes within the City as there are within many other cities throughout California and it is not unusual. Typically, these facilities operate very quietly serving a variety of client needs with varying ages. This particular facility happens to house teenage females and it is a facility intended to deal with special needs based on their previous life experiences. Staff learned today that this facility has possibly been licensed by the San Bernardino County Services Departments, not Los Angeles County and staff finds that to be very unusual and does not know whether it is appropriate for one County to license a facility located within another County. Staff learned through contact with the Sheriff's Department that there has been an abundance of calls for service by the Sheriff's Department personnel since the residents began occupying the site in October 2006. It is inappropriate and a drain on D.B./Los Angeles County Sheriff's Department resources and unacceptable. Staff has spoken with the State's licensing department and learned that they too were unaware of this facility because it is not under the jurisdiction of Los Angeles County. However, through complaints that LA County has received it is beginning to investigate the facility to be sure that it is properly licensed. The State of California decided about 20 years ago that group homes such as this group home could legally be placed within residential communities adjacent to private residences without notification to adjacent property owners. When it is a facility that has six or less clients it does not APRIL 3, 2007 PAGE 5 CITY COUNCIL require any special permit from the local agency. This particular facility, so far as staff is aware, does not require any special permit from the City. Larger facilities with seven or more clients require licenses and sometimes a CUP. Because the group home in question does not need a special license does not mean that it can operate in any manner that the occupants, owner, supervisor or county licensing agency allows. Staff plans to immediately follow up on the conversation that was held earlier today with Los Angeles County and its licensing department. In addition, staff has contacted San Bernardino County Supervisor Harry Ovitt's office to determine the issues involved with licensing. Dozens of calls for service regardless of where the facility is located is unacceptable and D.B. will use all of its resources to immediately remedy the situation that involves a facility that clearly needs better supervision and oversight by the licensing agency involved. It does not mean that the facility will go away. It may and it may not. At a minimum, the outcome should be much better control of the clients by the supervisors running the facility. Staff won't know much for a few days and the operator of the facility has a right to respond to the issues that will be presented. This issue may take weeks or months to resolve. However, correction has to take place and staff can assume that corrective action will commence as forces come down on the operator. M/Tye said that if this were a legitimately operating restaurant that violated its CUP or did not meet health code requirements, the restaurant would be shut down while the owner went through the due process. He hoped that the City would impress upon the authorities in San Bernardino County that the group home residents need to be relocated while the City gets this matter under control. If the group home is entitled to operate legitimately the neighborhood should be restored until all questions are answered and the drain on services ceases. PWD/Liu responded to Mr. Wilson that from time to time staff receives requests for mitigation measures. This location was considered in 2003 and a signal warrant study was conducted in 2004 and again in 2005. As required by law, specific criteria must be met through the warrant study. For this particular intersection three specific criteria were met suggesting that vehicles on Racquet Club Dr. experience greater than acceptable delays. The initial request came from residents within the gated community and staff held two neighborhood meetings to address the specific needs. The Traffic Commission, Planning Commission and City Council reviewed this matter and as a result, this traffic signal was included on the City's Capital Improvement Project list. Staff recommended the professional services contractor based on a qualification -based criteria process. State Law is clear on how professional services contracts are done. The fee merely gave staff a range. Fee is a factor but not the factor for selecting a contractor. This traffic signal is budgeted in this year's Capital Improvement Budget and staffs goal is to award a contract by the end of this fiscal year, June 30, 2007. 5. SCHEDULE OF FUTURE EVENTS: 5.1 24th Annual Easter Egg Hunt — Saturday, April 7, 2007 — 10:00 a.m. — Pantera Park, 738 Pantera Dr. APRIL 3, 2007 PAGE 6 CITY COUNCIL U.c manning Uommission Meeting — April 10, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Traffic and Transportation Commission Meeting — April 12, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — April 17, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 City's 18" Birthday Party— Sunday, April 22, 2007 —11:00 a.m. — 5:00 p.m., Pantera Park, 738 Pantera Dr. 6. CONSENT CALENDAR: C/Chang moved, MPT/Tanaka seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES 6.1.1 STUDY SESSION OF MARCH 6, 2007 —approved as submitted. 6.1.2 REGULAR MEETING OF MARCH 6,2007— approved as submitted 6.1.3 REGULAR MEETING OF MARCH 20,2007— approved as submitted 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of February 22, 2007. 6.3 RATIFIED CHECK REGISTER — containing checks dated March 15 through March 28, 2007 totaling $1,075,199.06. 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT — Month of February 2007. 6.5 RECEIVED AND FILED SINGLE AUDIT OF FEDERALLY ASSISTED GRANT PROGRAMS PREPARED BY THE CITY'S FINANCE DEPARTMENT AND DIEHL, EVANS AND COMPANY, LLP — for the year ended June 30, 2006. 6.6 REJECTED CLAIM — filed by Jack Perryman on March 8, 2007. 6.7 APPROVED BOND EXONERATIONS: a) OF SURETY BOND NO. 6042582 IN THE AMOUNT OF $500,000 POSTED BY PULTE HOME CORPORATION FOR TRACT 52267 TO COMPLETE LANDSCAPE AND IRRIGATION IMPROVEMENTS. APRIL 3, 2007 PAGE 7 CITY COUNCIL b) OF SURETY BOND NO. 1113331 7617 IN THE AMOUNT OF $184,923 AND BOND NO. 111 3331 7666 IN THE AMOUNT OF $671,314 POSTED BY STANDARD PACIFIC HOMES FOR TRACT NO. 32400 TO COMPLETE LANDSCAPE AND IRRIGATION IMPROVEMENTS AND ROUGH GRADING IMPROVEMENTS. 6.8 AWARDED CONTRACT TO LOCAL AGENCY ENGINEERING (LAE) ASSOCIATES, INC. IN THE AMOUNT OF $18,000 FOR AS -NEEDED ENGINEERING SERVICES. 6.9 LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS: a) ADOPTED RESOLUTION NO. 2007-21: OPPOSING SB 303 (DUCHENY), DOUBLING THE REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) PLANNING PERIOD FROM FIVE (5) TO TEN (10) YEARS WHILE REQUIRING LOCAL AGENCIES TO PRE -ZONE THEIR HOUSING NEED FOR THE ENTIRE 10 YEAR PERIOD. b) ADOPTED RESOLUTION NO. 2007-22: SUPPORTING SB 286 (DUTTON) ACCELERATING THE DISTRIBUTION OF PROPOSITION 1 B FUNDS FOR LOCAL STREET AND ROAD IMPROVEMENTS. c) ADOPTED RESOLUTION NO. 2007-23: SUPPORTING AB 304 (HUFF) REQUIRING ALL STATE LICENSED COMMUNITY CARE FACILITIES TO FILE THEIR MASS CASUALTY PLANS WITH LOCAL AGENCIES. 6.10 ADOPTED RESOLUTION NO. 2007-24: APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS IDENTIFYING THE COUNTY OF LOS ANGELES AS A VOTING MEMBER. 6.11 APPROVED A CONTRACT AMENDMENT WITH ADVANTEC CONSULTING ENGINEERS FOR THE DESIGN OF A NEW TRAFFIC SIGNAL AT GOLDEN SPRINGS/RACQUET CLUB AND DESIGN OF TRAFFIC SIGNAL MODIFICATION AT GOLDEN SPRINGS/BREA CANYON ROAD AND AT GOLDEN SPRINGS/DIAMOND BAR BOULEVARD IN THE AMOUNT OF $29,500 PLUS A CONTINGENCY AMOUNT OF $3,000 FOR CHANGE ORDERS TO BE APPROVE BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $32,500. 7. PUBLIC HEARINGS: None. APRIL 3, 2007 PAGE 8 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF ADOPTION OF RESOLUTION NO. 2003-60H; APPROVING FEE INCREASES FOR EQUIPMENT RENTAL AND INTERNET USE AT THE DIAMOND BAR CENTER. CSD/Rose explained that when the Diamond Bar Center policies were last updated in December 2006, the only fees not adjusted were the equipment rental fees. Further, staff is recommending establishment of a fee of $75 per day for wired Internet service at the Diamond Bar Center to recover staff costs. On March 22 the Parks and Recreation Commission voted unanimously to recommend approval of the fee increases as proposed with staff concurring with the recommendation. CSD/Rose and ISD/Desforges responded to Council questions. There was no one present who wished to speak on this matter. C/Everett moved, C/Herrera seconded to recommend approval of Resolution No. 2003-60H rescinding Resolution 2003-60G to increase fees for the Diamond Bar Center as recommended. 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 8.2 APPROVE ADJUSTMENT OF CITY COUNCIL APPOINTMENTS. DCM/DeStefano reported that this item was designed to adjust City Council appointments as recommended by the Mayor due to the change in the City Council makeup with the passing of Council Member Zirbes, and with the addition of the Public Safety Subcommittee in accordance with the following revised list (revisions underlined). ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Foothill Transit Board Four -Corners Transportation Policy Group Greater L.A. County Vector Control District Joint Powers insurance Authority L.A. County Sanitation District No. 21 L.A. County City Selection Committee League of CA Cities — L.A. County Division San Gabriel Valley Council of Governments San Gabriel Valley Economic Partnership Southern California Assn. Of Governments (SCAG) Tres Hermanos Conservation Authority Tye Chang Herrera Tye Herrera TSL Audrey Hamilton Tye Everett Tye Everett Tye Tanaka Tanaka Tye Herrera Tye Chang Tanaka Tanaka Chang Herrera/lye Everett APRIL 3, 2007 PAGE 9 CITY COUNCIL Wildlife Corridor Conservation Authority (WCCA) Wildlife Corridor Conservation Authority Advisory STANDING COMMITTEES D.B. Community Foundation Public Safety Sub -Committee AD HOC COMMITTEES City Council Goals/City Manager Evaluation Economic Development Industry East Development Advisory Committee Legislative Library Task Force Neighborhood Improvement CITY COUNCIL LIAISON Chamber of Commerce PUSD/City Senior Citizen Sphere of Influence/Annexation WVUSD/City Tanaka Davis Tye TSL Tye Tye Herrera Herrera TL Everett Tanaka Tanaka Tanaka Herrera Herrera Chang Herrick Tanaka Tanaka Chang lye Tanaka Chang Chang Chang Chang Herrera lye Tye C/Herrera moved, MPT/Tanaka seconded to approve adjustment of City Council appointments as recommended by M/Tye. 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 8.3 APPOINTMENTS TO PLANNING, PARKS AND RECREATION AND TRAFFIC AND TRANSPORTATION COMMISSIONS BY COUNCIL MEMBER EVERETT. DCM/DeStefano stated that City Code requires C/Everett to make a recommendation to the City Council to continue with the current members of the Council's Commissions or seek new members. C/Everett has spoken with Parks and Recreation C/Grundy, Traffic and Transportation Commissioner Pincher and Planning Commissioner Chairman Nelson, and has recommended that the aforementioned appointees continue as Commissioners for the remainder of their terms through March 2008. C/Everett said it was with great pleasure that he present the three appointees for Commission positions and thanked them for their willingness to continue serving the City. There was no one present who wished to speak on this matter. APRIL 3, 2007 PAGE 10 CITY COUNCIL C/Herrera moved, C/Chang seconded to approve C/Everett's appointments as recommended. 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 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera thanked Foothill Transit for voting to takeover the 684 -bus route line from MTA. Foothill will assume the bus line in September and Metro has committed to continuing the line until that time. She spoke about the Foothill Transit Blue Streak articulated bus and yesterday's inaugural ride. The 60 -foot bus that accommodates about 58 passengers is equipped with WiFi. She encouraged residents to take advantage of this form of transportation to help keep vehicles off of the streets freeways. C/Chang congratulated C/Grundy, C/Pincher and C/Nelson on their reappointments. He commented that it was sad to learn that pothouses were located in the City of D.B. He applauded residents and Neighborhood Watch members for their vigilance. He thanked the Sheriff's Department for their actions in the matter. He said he was very surprised to learn that the community also had a group home that the City was not aware of until recently and hoped the problem would be resolved in a timely manner for the benefit of residents who have suffered for a long period of time. He also encouraged the Sheriff's Department to immediately inform CM/DeStefano of such problems so that the City could take quicker action. Residents of D.B. expect that their children will grow up in safe, quiet and peaceful neighborhoods and the City is committed to responding accordingly. C/Chang commented on the State of the City event and thanked residents for their participation. He recently joined the Seniors for their events. He congratulated the new Miss Diamond Bar, Rynicia Wilson and her four princesses of the court. C/Everett encouraged everyone to participate in the City's annual Easter Egg Hunt at 10:00 a.m. on Saturday at Pantera Park. He said he was delighted to remind everyone about the certificates that were presented by the Council this evening. He was pleased that the two donor recipients were on hand to share their personal and important testimony and encouraged everyone to think about the program on a daily basis. He asked everyone to also think about Arbor Day and join him and others at Pantera Elementary School at 10:00 a.m. on Friday, April 27. Child abuse is particular heart wrenching and the children should be remembered. Recording for the Blind and Dyslexic is important as well. The Council was privileged recently to present a Certificate of Appreciation to Paramedic/Firefighter Alfonso Cid who retired after 33 years of service. Alfonso has served D.B. for 17 years and is a lifetime member of the Hall of Fame of the Firehouse Television Productions cooking show. He was an Eagle Scout and he typifies what the Eagle Scouts stand APRIL 3, 2007 PAGE 11 CITY COUNCIL for — excellence in performance, achievement, and commitment to community. Mr. Cid also served two tours of duty in Vietnam. C/Everett respectfully requested that M/Tye adjourn tonight's meeting in honor of retiring firefighter Alfonso Cid. MPT/Tanaka concurred with C/Everett to adjourn tonight's meeting in honor of an excellent firefighter who he calls "EI Cid." MPT/Tanaka congratulated Deputy Michael Rodriguez on his retirement from the County of Los Angeles with 27 years of service with the Marshall and LA County Sheriff's Office. On Wednesday MPT/Tanaka attended the Senior Citizen's Dinner Dance; Thursday, March 22 he attended the SoCal Edison's Energy Wise Program with C/Herrera sitting on the panel; that evening he attended the State of the City event. He congratulated Erik and Scott Corsell from Troop 737 for attaining the Eagle Scout rank. MPT/Tanaka and his wife Wanda traveled to Hawaii for a week to visit relatives and help his aunt and uncle celebrate their 65th Wedding Anniversary. He congratulated Miss Diamond Bar and her Court. M/Tye thanked staff members Ryan McLean and Marsha Roa for doing an outstanding job in putting the State of the City event together and making the Council look good. One of the items omitted from the Schedule of Future Events tonight was the upcoming Friends of the Library Wine Soiree, which will be held on April 15 at the Diamond Bar Center from 4:00 to 7:00 p.m. Colleagues in Sacramento called to find out what was going on in D.B. because they got the news about the bust of the house on Eldertree Ln. and the house on Crooked Arrow Dr. He congratulated Lt. Maxey, Deputy St. Amant and everyone involved in the bust. Criminals who want to come to D.B. need to think twice about their decision because they will be found and shut down. There are 18,000 homes and 58,000 residents in D.B., folks who care about their community who will not tolerate behavior that does not fit with this community's demeanor. He congratulated Justina Kwong, outgoing Miss Diamond Bar and Rynicia Wilson, new Miss Diamond Bar, both of whom were sponsored by C/Chang. He congratulated Audrey Hamilton who in December was named to the Greater Los Angeles Vector Control District and in March was appointed to the Personnel Committee and the Budget and Finance Committee, ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council meeting at 8:17 p.m. in honor of retiring Paramedic/Firefighter Alfonso Cid. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2007. STEVE TYE, MAYOR CITY COUNCIL Agenda # 6.2 Meeting Date: April 17, 2007 AGENDA REPORT TO: Honorable Mayor and Membere of the City Council FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register dat d March 29, 2007 through April 11, 2007 totaling $1,725,900.59. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,725,900.59 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated March 29, 2007 through April 11, 2007 for $1,725,900.59 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finance birector 1-1 Attachments: Affidavit and Check Register — 03/29/07 through 04/11/07. 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 March 29, 2007 through April 11, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,484,057.87 Community Organization Support Fd 988.00 Prop A - Transit Fund 33,507.36 Int. Waste Mgt Fund 6,576.15 AB2766 - AQMD Fund 1,951.78 CDBG Fund 1,774.24 LLAD #38 Fund 9,277.79 LLAD #39 Fund 11,344.81 LLAD #41 Fund 4,253.79 Capital Improvement Project Fund 172,168.80 $1,725,900.59 Signed: Linda G. Magriusbn Finance Director City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/5/2007 07 -PPP 07 PAYROLL TRANSFER P/R TRANSFER-07/PP 07 118 10200 1,351.78 $137,073.13 4/5/2007 45406 PAYROLL TRANSFER PIR TRANSFER -07 -PP 07 125 10200 1,774.24 74854 4/5/2007 GIS SVCS JAN 07 PAYROLL TRANSFER P/R TRANSFER -07/1313 07 001 10200 122,255.79 $6,110.00 4/5/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 07 112 10200 5,184.66 45000 4/5/2007 PAYROLL TRANSFER PIR TRANSFER-07/PP 07 115 10200 6,506.66 MTG-L MEYER 3/29/2007 1 74853 IDIAMOND BAR LITTLE LEAGUE COMM ORG SUPPORT FUND 1 0114010 1 42355 1 200.00 $200.00 3/29/2007 1 JAGRICULTURAL COM WGHTS & MEASURES lCOYOTE CONTROL SVCS -JAN 0014431 45406 310.62 3/29/2007 1 74854 JACT GIS INC GIS SVCS JAN 07 1 0014070 1 44000 1 6,110.001 $6,110.00 3/29/2007 1 74855 AGRICULTURAL COM WGHTS & MEASURES COYOTE CONTROL SVCS -DEC 0014431 1 45406 517.70 $828.32 3/29/2007 1 JAGRICULTURAL COM WGHTS & MEASURES lCOYOTE CONTROL SVCS -JAN 0014431 45406 310.62 3/29/2007 74856 1JANETAGUILERA RECREATION REFUND 001 23002 1 70.001 $70.00 3/29/2007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 279.29 3/29/2007 74857 JAJAX SIGN GRAPHICS INC. SUPPLIES -GENERAL 0014090 41200 1 11.481 $11.48 3/29/2007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 208.92 3/29/2007 74858 ISENIOR SERVICES ALLIANCE MTG-L MEYER 0015350 1 42315 1 30.001 $30.00 3/29/2007 74859 AMERICOMP GROUP INC PRINT MAINT-JAN-MAR 07 0014070 45000 1,490.50 $3,077.44 3/29/2007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 279.29 3/29/2007 74863 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 201.35 $1,013.00 3/29/2007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 208.92 3/29/2007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 336.66 3/29/2007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 209.99 3/29/2007 1 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 350.73 3/29/2007 74860 IMARA ANTONIEWICZ IRECREATION REFUND 001 1 34780 1 74.001 $74.00 3/29/2007 74861 ARROYO GEOTECHNICAL CORP PRORSVCS-EN 05488 001 23012 1,155.00 $1,155.00 3/29/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-488 001 23012 207.90 3/29/2007 74863 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-488 001 34650 -207.90 $1,013.00 3/29/2007 74862 IMARIA BARBER PK REFUND -DBC 1 001 1 23002 100.00 $100.00 3/29/2007 74863 IBEAR STATE AIR CONDITIONING SVCS IN IMONTHLY MAINT-DBC MAR 10015333 1 45300 773.001 $1,013.00 Page 1 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 0015340 0015340 Acct # 42210 42210 Amount 155.00 85.00 Total Check Amount 3/29/2007 3/29/2007 74863... BEAR STATE AIR CONDITIONING SVCS IN MONTHLY MAINT-HERITAGE BEAR STATE AIR CONDITIONING SVCS IN MONTHLY MAINT-PANTERA PK 3/29/2007 1 74864 IJOHN E BISHOP ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 756.001 $756.00 3/29/2007 BUSINESS TELECOMMUNICATION SYS INC. IPH.SVCS-GENERAL 0014090 1 42125 293.08 3/29/2007 1 74865 JEDMOND BOLBOLIAN IRECREATION REFUND 1 001 1 34780 1 167.001 $167.00 3/29/2007 1 74866 IBURGER CONTINENTAL SUPPLIES -SR DANCE 0015350 1 45300 1 974.251 $974.25 3/29/2007 74867 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 4212598.00 120.00 $391.08 3/29/2007 BUSINESS TELECOMMUNICATION SYS INC. IPH.SVCS-GENERAL 0014090 1 42125 293.08 3/29/2007 1 74868 ICA PARKS & REC SOC -DIS XIII CPRS MTG-REC STAFF 1 0015350 1 42325 1 120.00 $120.00 3/29/2007 CDW GOVERNMENT INC. COMP MAINT-JAN 07 0014070 42205 1 1,127.05 3/29/2007 1 74869 IPAUL CABRAL 1PK REFUND -DBC 1 001 1 23002 1 500.001 $500.00 3/29/2007 1 74870 ICALIFORNIA POLITICAL WEEK SUBSCRIPTION -RENEWAL 1 0014030 1 42320 1 95.00 $95.00 3/29/2007 74871 ICATALINA BALLAST BULB COMPANY DBC -SUPPLIES 0015333 1 41200 1 114.801 $114.80 3/29/2007 74872 JCB RANCH ENTERPRISES EXCURSION -FLOWER FIELDS 0015350 1 45310 1 12.001 $12.00 3/29/2007 74873 CDW GOVERNMENT INC. COMP EQ -HARDWARE 0014070 46230 908.54 $2,065.90 3/29/2007 CDW GOVERNMENT INC. COMP MAINT-JAN 07 0014070 42205 1 1,127.05 3/29/2007 74875 CDW GOVERNMENT INC. COMP EQ -HARDWARE 0014070 41300 30.31 $462.00 3/29/2007 1 74874 ICENTER ICE SKATING ARENA CONTRACT CLASS -WINTER 1 0015350 1 45320 1 354.001 $354.00 3/29/2007 1 74875 ITINA CHANG CONTRACT CLASS -WINTER 0015350 1 45320 1 462.001 $462.00 3/29/2007 1 74876 ICHARTER OAK GYMNASTICS, INC. ICONTRACT CLASS -WINTER 0015350 1 45320 799.201 $799.20 3/29/2007 1 74877 ICHEMSEARCH DBC -SUPPLIES 0015333 1 41200 1 277.071 $277.07 3/29/2007 74878 ICHRISTIN J MURPHEY REIMB-SUPPLIES 0015350 41200 15.671 $15.67 3/29/2007 1 74879 ICITY TRAFFIC ENGINEERS ASN COMM MTG-MOK/SHAH 0015551 42340 180.001 $220.00 Page 2 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount $220.00 ... 3;29/2007 74879... CITY TRAFFIC ENGINEERS ASN ICOMM MTG-MOK/SHAH 0015551 42340 40.00 3/29/2007 1 74880 ICRAIG COFFMAN ICONTRACT SVCS -WINTER 0015350 45320 1 135.001 $135.00 3/29/2007 74889 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 25.85 $900.00 3/29/2007 1 74881 ICONSTANCE J. LILLIE ICONTRACT CLASS -WINTER 0015350 45320 1 322.801 $322.80 3/29/2007 DAY & NITE COPY CENTER PRINT SVCS -SR NEWS LTTR 0015333 42110 257.64 3/29/2007 1 74882 ICORNERSTONE BIBLE COMMUNITY CHURCH ICONTRACT CLASS -WINTER 0015350 45320 900.00 $900.00 3/29/2007 1 74883 JDAVID J. GRUNDY P & R COMM -3/22 0015350 44100 45.00 $45.00 3/29/2007 74884 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 406.54 $711.57 3/29/2007 74889 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 25.85 $900.00 3/29/2007 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 21.54 3/29/2007 DAY & NITE COPY CENTER PRINT SVCS -SR NEWS LTTR 0015333 42110 257.64 3/29/2007 74885 JIGNACIO DELGADO JPK REFUND -DBC 1 001 1 36615 1 400.001 $400.00 3/29/2007 74886 DENNIS CAROL PROF.SVCS-CC MTG 3/20 0014030 44000 100.00 $275.00 3/29/2007 74889 DENNIS CAROL P & R COMM -3/22 0015310 44000 175.00 $900.00 3/29/2007 74887 DH MAINTENANCE MONTHLY SVCS -PARKS FEB 0015340 42210 725.00 $18,980.50 3/29/2007 74889 DH MAINTENANCE ADDL MAINT-DBC NOV 0015333 45300 2,618.00 $900.00 3/29/2007 DH MAINTENANCE MONTHLY MAINT-FEB 07 0015333 45300 3,631.00 3/29/2007 DH MAINTENANCE MONTHLY SVCS -DBC FEB 0015333 45300 12,006.50 3/29/2007 1 74888 IDIAMOND BAR FINE ART FRAMING COUNCIL -SUPPLIES 1 0014010 1 41200 19.271 $19.27 3/29/2007 74889 IDIAMOND BAR IMPROVEMENT ASSOCIATION AD -MAR 07 0014095 1 42115 900.001 $900.00 3/29/2007 74890 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 90.00 $500.00 3/29/2007 DIAMOND BAR INTERNATIONAL DELI SUPPLIES -COMM SVCS 0015350 41200 60.00 3/29/2007 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 150.00 3/29/2007 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 100.00 3/29/2007 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 100.00 3/29/2007 f 74891 DIAMOND BAR PETTY CASH P/W-SUPPLIES 0015510 41300 12.98 $355.36 3/29/2007 DIAMOND BAR PETTY CASH P/W-TAC MTG 0015510 42325 40.00 Page 3 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 45529 45529 Total Check Amount 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 3/29/2007 74801... DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH CM-H/R WORKSHOP P/W-SUPPLIES CMGR-MTG FINANCE-MTG DBC -SUPPLIES CMGR-MTG RECYCLING -SUPPLIES P/W-SUPPLIES PLNG-MTG CMGR-MTG ECON DEV -WORKSHOP PAW -SUPPLIES CIM -SUPPLIES 0014030 0015510 0014030 0014050 0015333 0015310 1155516 0015510 0015210 0014030 0015230 0015510 0015340 42335 42325 42325 42325 41200 42330 41200 41200 42325 42325 42340 42325 42210 33.34 27.90 10.00 40.00 15.11 9.00 16.48 30.05 39.00 21.00 40.00 10.92 9.58 $355.36 ... 3/29/2007 74892 IDIRECT CONNECTION INCORP IPRINT SVCS -POST CARDS 0014095 42121 1,717.391 $1,717.39 74896 3/29/2007 3/29/2007 74893 DIVERSIFIED PARATRANSIT INC DIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVC -2/1-2-15 DIAMOND RIDE SVC -2/16-2/2 1125553 1125553 45529 45529 16,060.33 11,477.29 3/29/2007 $27,537.62 IMERVET GHANNAM JPK REFUND-REAGAN PK 3/29/2007 3/29/2007 3/29/2007 3/29/2007 74894 EVERGREEN INTERIORS EVERGREEN INTERIORS EVERGREEN INTERIORS EVERGREEN INTERIORS PLANT MAINT-FEB 07 PLANT MAINT-MAR 07 PLANT MAINT-FEB 07 ADDL MAINT-MAR 07 0014090 0014090 0014090 0014090 42210 42210 42210 42210 215.00 215.00 10.00 100.00 $540.00 3/29/2007 3/29/2007 74895 1EXCELLANDSCAPE EXCEL LANDSCAPE LANDSCAPE MAINT-FEB 07 LANDSCAPE MAINT-FEB 07 1385538 1 1415541 45500 1 45500 3,216.34 4554n $3,671.74 3/29/2007 74896 GABRIELA FIALLO PK REFUND -HERITAGE PK 001 23002 50.00 $50.00 3/29/2007 74897 IMERVET GHANNAM JPK REFUND-REAGAN PK 001 23002 50.001 $50.00 3/29/2007 1 74899 GLENN'S REFRIGERATION MAINT-PETERSON PK 0015340 1 42210 525.001 $525.00 Page 4 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/29/2007 14900 GRANICUS INC ICOMP MAINT-CONTRACT 0014070 1 44030 8,600.00 $8,600.00 3/29/2007 1 74901 IKIRAN GREWAL RECREATION REFUND 1 001 1 34780 1 60.001 $60.00 3/29/2007 74902 SHANNON GRIFFITHS CONTRACT CLASS -WINTER 0015350 45320 70.40 $408.00 3/29/2007 SHANNON GRIFFITHS CONTRACT CLASS -WINTER 0015350 45320 1 1 337.60 3/29/2007 1 74903 IH20 PRESSURE WASHING INC MAINT-DBC 1 0015333 1 42210 100.00 $100.00 3/29/2007 74904 HALL & FOREMAN, INC. ADMIN FEE -EN 06-513 001 23012 73.80 $5,570.00- 3/29/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-513 001 34650 -73.80 3/29/2007 74906 HALL & FOREMAN, INC. ADMIN FEE -EN 03-384 001 34650 -225.00 $50.00 3/29/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 04-469 001 23012 375.00 3/29/2007 74907 HALL & FOREMAN, INC. ADMIN FEE -EN 04-469 001 34650 -375.00 $350.00 3/29/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 23012 300.00 3/29/2007 74908 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 34650 -300.00 $100.00 3/29/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 03-384 001 23012 225.00 3/29/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 04-469 001 23012 1,500.00 3/29/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 210.00 3/29/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-513 001 23012 410.00 3/29/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 03-384 001 23012 900.00 3/29/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 1,350.00 3/29/2007 IHALL & FOREMAN, INC. PROF.SVCS-EN 07-555 001 23012 1,200.00 3/29/2007 1 74905 ILEW HERNDON P & R COMM -3/22 1 0015350 1 44100 1 45.001 $45.00 3/29/2007 CHRISTINE HU GRADING BOND REFUND 001 23001 3,240.00 3/29/2007 1 74906 IROXANNE HERRERA PK REFUND -DBC 1 001 1 23002 1 50.00 $50.00 3/29/2007 1 74907 IVERONICA HERRERA JPK REFUND -DBC 1 001 1 23002 1 350.001 $350.00 3/29/2007 1 74908 RENEE HOOPER JPK REFUND -DBC 1 001 1 23002 1 100.001 $100.00 3/29/2007 74909 CHRISTINE HU REFUND -EN 99-251 001 23012 211.25 $3,641.05 3/29/2007 CHRISTINE HU GRADING BOND REFUND 001 23001 3,240.00 3/29/2007 CHRISTINE HU REFUND -EN 06-515 001 23012 189.80 Page 5 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 3/29/2007 1 74910 IMEGAN HUANG RECREATION REFUND 001 34780 60.00 $60.00 3/29/2007 74911 INLAND EMPIRE STAGES SR EXCURSION -BROADWAY 0015350 1 45310 1,850.00 $2,510.00 3/29/2007 INLAND EMPIRE STAGES 1EXCURSION-TRANSPORTATN 1125350 1 45310 660.00 3/29/2007 1 74912 JINLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -MAR 07 1 0015350 1 45300 1 640.001 $640.00 3/29/2007 74913 JINLAND VALLEY HUMANE SOCIETY ---]ANIMAL CONTROL SVCS -MAR 0014431 1 45403 8,500.67 $17,001.34 3/29/2007 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -APR 1 0014431 1 45403 8,500.67 3/29/2007 1 74914 JINSTITUTE FOR LOCAL GOVT MTG-COUNCIL 1 0014010 42340 20.001 $20.00 3/29/2007 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -MAR 07 0014030 44000 3,000.00 3/29/2007 1 74915 JINSTITUTE OF KNOWLEDGE IRECREATION REFUND 1 001 23002 50.001 $50.00 3/29/2007 KATZ OKITSU & ASSOCIATES ADMIN FEE -EN 07-554 001 23012 28.80 3/29/2007 74916 IJOBS AVAILABLE AD-H/R 0014060 42115 163.201 $163.20 3/29/2007 74917 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -FEB 07 0014030 44000 3,000.00 $9,000.00 3/29/2007 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -MAR 07 0014030 44000 3,000.00 3/29/2007 74921 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -APR 07 0014030 44000 3,000.00 $35.00 3/29/2007 74918 KATZ OKITSU & ASSOCIATES ADMIN FEE -EN 07-554 001 34650 -28.80 $1,800.00 3/29/2007 KATZ OKITSU & ASSOCIATES ADMIN FEE -EN 07-554 001 34650 -295.20 3/29/2007 74921 KATZ OKITSU & ASSOCIATES PROF.SVCS-EN 07-554 001 23012 160.00 $35.00 3/29/2007 KATZ OKITSU & ASSOCIATES ADMIN FEE -EN 07-554 001 23012 28.80 3/29/2007 74922 KATZ OKITSU & ASSOCIATES PROF.SVCS-EN 07-554 001 23012 1,640.00 $35.00 3/29/2007 KATZ OKITSU & ASSOCIATES ADMIN FEE -EN 07-554 001 23012 295.20 3/29/2007 74919 GABRIELA KLEIN IGABRIELA CONTRACT CLASS -WINTER 0015350 1 45320 740.00 $1,296.00 3/29/2007 KLEIN CONTRACT CLASS -WINTER 0015350 1 45320 556.00 3/29/2007 1 74920 JKWIK COVERS SUPPLIES-B/DAY CELEB 1 0015350 1 42353 1 509.041 $509.04 3/29/2007 74921 ILEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 1 0014010 42325 35.001 $35.00 3/29/2007 1 74922 ILEAGUE OF CALIFORNIA CITIES ILEAGUE MTG-COUNCIL 1 0014010 42325 35.001 $35.00 3/29/2007 1 74923 ILEAGUE OF CALIFORNIA CITIES ILEAGUE MTG-COUNCIL 1 0014010 42325 35.001 $70.00 Page 6 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 0014030 Acct # 42325 Amount Total Check Amount 3/29/2007 74923... LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-CMGR 3/29/2007 74924 ANYORK LEE REFUND-DBC001 001 23002 500.00 $300.00 3/29/2007 1ANYORK LEE j1PK FACILITY RENTAL -DBC 001 36615 -200.00 3/29/2007 74925 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-552 001 23012 165.60 $7,218.01 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-552 001 34650 -165.60 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-397 001 34650 -502.47 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-397 001 23012 295.20 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-397 001 34650 -295.20 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-457 001 23012 190.80 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-457 001 34650 -190.80 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-397 001 23012 502.47 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-553 001 23012 145.17 3/29/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-553 001 34650 -145.17 3/29/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-397 001 23012 1,640.00 3/29/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-397 001 23012 2,791.51 3/29/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-552 001 23012 920.00 3/29/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-553 001 23012 806.50 3/29/2007 ILEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-457 001 1 23012 1 1,060.00 3/29/2007 74926 LEWIS ENGRAVING INC. ENGRAVING SVCS -PLATE 0014090 42113 23.23 $55.59 3/29/2007 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGE 0014090 42113 12.87 3/29/2007 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 42113 19.49 3/29/2007 1 74927 IBENNY LIANG IP & R COMM -3/22 1 0015350 1 44100 1 45.001 $45.00 3129/2007 74928 LIBERTY FLAG & SPECIALTY COMPANY FLAGS -PARKS 0015340 1 42210 556.02 $926.70 3/29/2007 LIBERTY FLAG & SPECIALTY COMPANY FLAGS -DBC 0015333 1 41200 370.68 3129/2007 74929 LOS ANGELES COUNTY PUBLIC WORKS PROF.SVCS-EN 05-488 001 23012 154.00 $308.D0 3/29/2007 LOS ANGELES COUNTY PUBLIC WORKS 1PROF.SVCS-EN 05-488 001 34640 154.00 3/29/2007 74930 LOS ANGELES COUNTY SHERIFF'S DEPT. PRISONER MAINT-DEC 06 0014411 45401 82.84 $769,228.35 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. SCRIBBLES -FEB 0014411 45402 2,751.76 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -FEB 07 0014411 45402 7,071.84 Page 7 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description TRANSIT SALES -FEB 07 Fund/ Dept 1125553 Acct # 45402 Amount 125.08 Total Check Amount $769,228.35 ... 3/29/2007 74930... LOS ANGELES COUNTY SHERIFF'S DEPT. 3/29/2007 001 1 LOS ANGELES COUNTY SHERIFF'S DEPT. BASIC TFFC SCH-JAN 07 0014411 45402 2,501.60 IMCE CORPORATION 3/29/2007 0015558 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -JAN 0014411 45402 6,876.31 LAUREL MEYER 3/29/2007 0015350 LOS ANGELES COUNTY SHERIFF'S DEPT. SCRIBBLES -JAN 07 0014411 45402 3,001.92 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -FEB 07 0014411 45401 367,264.08 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -JAN 0014411 45401 1,297.07 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -FEB 07 0014411 45401 461.18 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. SPECIAL TRFC ENF-FEB 0014411 45402 1,306.48 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -FEB 0014411 45401 9,224.11 3/29/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. ICONTRACT SVCS -JAN 01 0014411 45401 367,264.08 3/29/2007 74931 DEEPA MATHUR PK REFUND -DBC 001 1 23002 1,900.00 $1,666.00 3/29/2007 IDEEPA MATHUR FACILITY RENTAL -DBC 001 1 36615 -34.00 3/29/2007 1 74932 IKAREN MAY ICONTRACT CLASS -WINTER 0015350 1 45320 360.001 $360.00 3/29/2007 SURENDRA MEHTA CONTRACT CLASS -WINTER 0015350 45320 4.50 3/29/2007 1 74933 IMCE CORPORATION IVEGETATION CONTROL -FEB 0015558 1 45508 1 4,610.091 $4,610.09 3/29/2007 74934 SURENDRA MEHTA CONTRACT CLASS -WINTER 0015350 45320 733.50 $1,530.00 3/29/2007 SURENDRA MEHTA CONTRACT CLASS -WINTER 0015350 45320 4.50 3/29/2007 SURENDRA MEHTA CONTRACT CLASS -WINTER 0015350 45320 792.00 3/29/2007 74935 VIJAY MEHTA IVIJAY PK REFUND -DBC __F001 001 23002 350.00 $316.00 3/29/2007 MEHTA PROPERTY DAMAGE -DBC 0015350 36615 -34.00 3/29/2007 74936 LAUREL MEYER REIMB-SUPPLIES 0015350 41200 34.28 $91.36 3/29/2007 LAUREL MEYER REIMB-SUPPLIES 0015350 41200 28.45 3/29/2007 LAUREL MEYER REIMB-MTG 0015350 42315 7.00 3/29/2007 LAUREL MEYER REIMB-SUPPLIES 0015350 41200 21.63 3/29/2007 74937 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-DEC/JAN 0014440 42130 78.75 $236.25 3/29/2007 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-JAN/FEB 0014440 42130 78.75 3/29/2007 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-FEB/MAR 0014440 42130 78.75 3/29/2007 1 74938 INATIONAL LEAGUE OF CITIES IMEMBERSHIP DUES -07/08 0014090 1 42.315 1 4,130.001 $4,130.00 Page 8 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 1 72.00 Total Check Amount $72.00 3/29/2007 74939 ORANGE COAST FENCING ICONTRACT CLASS -WINTER 0015350 45320 3/29/2007 74940 TED OWENS IP & R COMM -3/22 1 0015350 1 44100 1 45.001 $45.00 3/29/2007 74946 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS-SYC CYN PK 0015340 42210 97.20 $10.00 3/29/2007 74941 PANNA PARIKH JPIK REFUND -DBC 1 001 1 23002 1 525.001 $525.00 3/29/2007 74942 MARTHA PEREZ RECREATION REFUND 1 001 1 34740 64.001 $64.00 3/29/2007 74943 IKATHY PLATTS RECREATION REFUND 1 001 1 34740 64.00 $64.00 3/29/2007 74944 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS -DBC 0015333 42210 52.50 $236.04 3/29/2007 74946 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS-SYC CYN PK 0015340 42210 97.20 $10.00 3/29/2007 74947 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS -HERITAGE PK 0015340 42210 86.34 $493.62 3/29/2007 74945 IR F DICKSON COMPANY ISTREET SWEEPING SVCS -FEB 1 0015554 1 45501 1 9,323.441 $9,323.44 3/29/2007 74946 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 1 0014010 1 42325 1 10.00 $10.00 3/29/2007 74947 IREINBERGER PRINTWERKS 1PRINT SVCS -ENVELOPES 1 0014090 1 42110 1 493.621 $493.62 3/29/2007 1 74948 REPUBLIC ELECTRIC TRAFFIC MAINT-FEB 07 0015554 45507 3,284.32 $6,010.20 3/29/2007 1 IREPUBLIC ELECTRIC ADDL TRFFC MAINT-FEB 07 0015554 45507 1 1 2,725.88 $45.00 3/29/2007 74949 DELILAH RIOS JPK REFUND-PANTERA PK 1 001 1 23002 1 50.001 $50.00 3/29/2007 74950 RUTH M. LOW 1P & R COMM -3/22 1 0015350 1 44100 45.00 $45.00 3/29/2007 1 74951 FRANCIS SABADO CONTRACT CLASS -WINTER 0015350 45320 812.00 $864.00 3/29/2007 FRANCIS SABADO CONTRACT CLASS -WINTER 0015350 45320 52.00 3/29/2007 74952 JANNA SCALISE IRECREATION REFUND 1 001 1 34780 1 60.001 $60.00 3/29/2007 74953 JBHARATI SHAH JPK REFUND -DBC 001 1 23002 100.001 $100.00 3/29/2007 1 74954 JVIJAY SHAH JPK REFUND -DBC 001 23002 100.001 $100.00 3/29/2007 1 74955 ISIGN CONTRACTORS INC IMILITARY BANNERS -DEP 0015350 45300 1,679.001 $1,679.00 Page 9 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 1,390.00 Total Check Amount $1,390.00 3/29/2007 74956 1SIMPSON ADVERTISING INC IGRAPHIC DESIGN SVCS -APR 0014095 44000 3/29/2007 74957 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 210.65 $418.51 3/29/2007 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 132.70 3/29/2007 74959 SMART & FINAL SUPPLIES -DBC 0015333 41200 75.16 $21,810.60 3/29/2007 1 74958 IKEN SMITH ENTERTAINMENT -SR TEA 1 0015350 1 45300 1 75.001 $75.00 3/29/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 2,388.92 3/29/2007 1 74959 180 COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL APR 1 0014090 1 42140 1 21,810.601 $21,810.60 3/29/2007 74960 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 1 42126 61.06 $2,449.98 3/29/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 2,388.92 3/29/2007 74961 SPARKLETTS ISPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 188.44 $198.19 3/29/2007 THE COMDYN GROUP INC 1EQ RENTAL -FEB 07 0014090 1 42130 9.75 3/29/2007 1 74962 ISUNGARD PENTAMATION JALARM TRNG-JAN 07 1 1185098 1 R46235 1 600.001 $600.00 3/29/2007 THE COMDYN GROUP INC CONSULTING SVCS -WK 3/2 0014070 44000 975.00 3/29/2007 1 74963 ITELEPACIFIC COMMUNICATIONS ITI INTERNET SVCS -MAR 07 1 0014070 1 44030 525.021 $525.02 3/29/2007 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-JAN-MAR 07 0014090 42100 183.82 3/29/2007 1 74964 ITENNIS ANYONE CONTRACT CLASS -WINTER 1 0015350 1 45320 1 3,899.70 $3,899.70 3/29/2007 74965 THE COMDYN GROUP INC CONSULTING SVCS -WK 2/16 0014070 44000 900.00 $2,550.00 3/29/2007 THE COMDYN GROUP INC CONSULTING SVCS -WK 3/2 0014070 44000 975.00 3/29/2007 THE COMDYN GROUP INC CONSULTING SVCS -WK 3/8 0014070 44000 675.00 3/29/2007 74966 THE GAS COMPANY GAS SVCS -HERITAGE PK 0015340 1 42126 162.80 $1,612.02 3/29/2007 THE GAS COMPANY GAS SVCS -DBC 0015333 1 42126 1,449.22 3/29/2007 1 74967 ITHE WHOLE ENCHILADA INC JMTG SUPPLIES-CNCL 1 0014090 1 42325 1 173.751$173.75 3/29/2007 74968 TOSHIBA BUSINESS SOLUTIONS INC SUPPLIES -DBC 0015333 41200 74.95 $1,379.39 3/29/2007 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-JAN-MAR 0014090 42100 515.73 3/29/2007 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-DBC 0015333 42200 69.51 3/29/2007 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-JAN-MAR 07 0014090 42100 183.82 3/29/2007 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-JAN-MAR 0014090 42100 535.38 Page 10 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 0015350 Acct # Amount 1 45320 1 429.00 Total Check Amount $429.00 3/29/2007 1 74969 JTRIFYTT SPORTS ICONTRACT CLASS -WINTER 3/2912007 1 74970 IBRENDATRUJILLO IRECREATION REFUND 001 134780 1 25.001 $25.00 3/29/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 190.10 3/29/2007 1 74971 IVALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 1 42210 3,315.00 $3,315.00 3/29/2007 74972 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 158.06 $689.70 3/29/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 190.10 3/29/2007 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 67.04 3/29/2007 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 89.69 3/29/2007 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 89.69 3/29/2007 IVERIZON CALIFORNIA PH.SVCS-DBC 1 0015333 1 42125 95.12 3/29/2007 74973 VERIZON WIRELESS -LA CELL CHRGS-DESFORGES 0014070 42125 50.68 $200.67 3/29/2007 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014070 42125 50.68 3/29/2007 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 54.56 3/29/2007 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 44.67 3/29/2007 1 VERIZON WIRELESS -LA CELL CHRGS-GENERAL 0014090 42125 0.08 3/29/2007 74974 IVERMONT SYSTEMS INC TRNG-C MURPHEY 1 0014070 1 42325 1 100.001 $100.00 3/29/2007 74975 VISION INTERNET PROVIDERS INC WEB HOSTING SVCS -MAR 07 0014070 44030 150.00 $1,145.00 3/29/2007 VISION INTERNET PROVIDERS INC COMP MAINT-MAR 07 0014070 1 42205 995.00 3/29/2007 74976 VISION SERVICE PLAN APR 07 -VISION PREM 001 21107 1,234.94 $1,281.71 3/29/2007 VISION SERVICE PLAN APR 07 -COBRA VISION 001 21107 46.77 3/29/2007 74977 JDANIELLE WAHID IRECREATION REFUND 1 001 34740 1 64.001 $64.00 3/29/2007 74978 WELLS FARGO BANK LEAGUE MTG-COUNCIL 0014010 42330 5.31 $196.11 3/29/2007 WELLS FARGO BANK MTG-COUNCIL 0014010 42325 41.26 3/29/2007 WELLS FARGO BANK MTG-COUNCIL 0014010 42325 39.20 3/29/2007 WELLS FARGO BANK SUPPLIES -COUNCIL 0014010 41200 110.34 3/29/2007 1 74979 IWELLS FARGO BANK NAT LEAGUE CONF-COUNCIL 0014010 1 42330 1 1,472.991 $1,472.99 Page 11 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount $525.00 3/29/2007 74980 WEST COAST MEDIA JAPR AD -BIRTHDAY CELEB 0014095 42115 525.00 3/29/2007 1 74981 IWORLDWIDE BINGO SUPPLIER SUPPLIES -SR BINGO 0015350 1 41200 1 283.381 $283.38 3/29/2007 FLORIST FLOWER ARRGMNTS-ZIRBES 0014090 1 41400 69.06 3/29/2007 1 74982 IPAUL WRIGHT AN SVCS-P/C,CNCL,T/D 0014090 1 44000 245.001 $245.00 3/29/2007 74983 XAVIERS FLORIST IXAVIERS FLOWER ARRGMNTS-ZIRBES 0014090 41400 216.50 $285.56 3/29/2007 FLORIST FLOWER ARRGMNTS-ZIRBES 0014090 1 41400 69.06 4/5/2007 1 74984 JACT GIS INC IGIS SVCS -OCT -DEC 06 0014070 1 44000 1 12,187.501 $12,187.50 4/5/2007 INSURANCE SERVICES INC SPL EVENT INS-C/BIRTHDAY 0015350 42353 1,256.18 4/5/2007 74985 JALL AMERICAN PRO SPORTS CORP SUPPLIES-NGHBRHD IMP 1 0015230 1 41200 1 64.951 $64.95 4/5/2007 74986 ALLIANT INSURANCE SERVICES INC 1ALLIANT SPL EVENT INS -EASTER HUNT 0015350 1 45300 315.62$1,571.80 $53.50 4/5/2007 INSURANCE SERVICES INC SPL EVENT INS-C/BIRTHDAY 0015350 42353 1,256.18 4/5/2007 1 74987 JAMERICOMP GROUP INC SUPPLIES -TONER 1 0014070 1 45000 1 203.511 $203.51 4/5/2007 74988 WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 3/22 0015310 42130 26.75 $53.50 4/5/2007 JARAMARK ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 3129 0015310 1 42130 1 26.75 4/5/2007 74989 JASCAP SUPPLIES -CONCERT IN PK 0015350 1 45305 1 568.751 $568.75 4/5/2007 CINGULAR WIRELESS CELL CHRGS-POOL VEH 0014090 42125 11.44 4/5/2007 74990 IBENESYST 4/6/07-P/R DEDUCTIONS 1 001 1 21105 1 381.911 $381.91 4/5/2007 74991 IBUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-MAR 07 0014090 42125 136.751 $136.75 4/5/2007 74992 JCDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 4.481 $4.48 4/5/2007 1 74993 IMICKEY CHENG IREPLACEMENT CK -EN 02-346 1 001 36900 702.931 $702.93 4/5/2007 74994 CINGULAR WIRELESS CELL CHRGS-POOL VEH 0014090 42125 11.44 $34.32 4/5/2007 CINGULAR WIRELESS CELL CHRGS-POOL VEH 0014090 42125 11.44 4/5/2007 CINGULAR WIRELESS CELL CHRGS-POOL VEH 0014090 42125 11.44 4/5/2007 74995 CIVIC SOLUTIONS INC CONSULTANT SVCS -DEC O6 0015210 1 44000 356.25 $8,146.25 4/5/2007 CIVIC SOLUTIONS INC CONSULTANT SVCS -DEC O6 0015210 1 44000 95.00 Page 12 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description 1 0015350 1 41200 1 69.981 Fund/ Dept Acct # Amount Total Check Amount 4/5/2007 1 74995... ICIVIC SOLUTIONS INC CONSUT ANT SVCS -DEC 06 0015210 44000 4/5/2007 42315 CIVIC SOLUTIONS INC PLNG CONSULTANT -DEC 06 0015210 44000 95.00 $8,146.25 ... 4/5/2007 74998 CIVIC SOLUTIONS INC CONSULTANT SVCS -DEC 06 0015210 44000 261.25 4/5/2007 0015333 0015333 CIVIC SOLUTIONS INC CONSULTANT SVCS -DEC 06 0015210 44000 95.00 380.00 74999 4/5/2007 APR 07 -DENTAL PREM CIVIC SOLUTIONS INC PROF.SVCS-FPL 2005-147 001 23010 001 21104 4/5/2007 $387.95 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 5,082.50 75000 4/5/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 23010 914.85 001 001 4/5/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-248 001 34430 -914.85 4/5/2007 4/5/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-248 001 23010 973.75 4/5/2007 0015554 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-248 001 23010 175.28 4/5/2007 4/5/2007 4/5/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2004-85 001 34430 -175.28 4/5/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2004-85 001 23010 665.00 4/5/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2004-85 4/5/2007 1 23010 119.70 PROF SVCS ei DITING • • •—• •� ---� ���� � ���� 4/5/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-224 001 001 34430 -119.70 $2,750.00 4/5/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-224 001 23010 142.50 4/5/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-224 001 23010 34430 25.65 . -2565 -vv' I iwaao Jt.nn SGtiVOL SUPPLY,SUPPLIES-TINY TOTS 1 0015350 1 41200 1 69.981 4/5/2007 74997 JCSMFO, MEMBERSHIP DUES-MAGNUSON 1 0014050 42315 110.00 $110.00 4/5/2007 4/5/2007 74998 DAY & NITE COPY CENTER DAY & NITE COPY CENTER SUPPLIES -DBC PRINT SVCS -DBC 0015333 0015333 42110 42110 162.38 330.16 $492'54 4/5/2007 1 74999 DELTA CARE PMI APR 07 -DENTAL PREM 001 21104 387.95 $387.95 4/5/2007 4/5/2007 75000 DELTA DENTAL DELTA DENTAL APR 07 -DENTAL PREM APR 07 -COBRA PREM 001 001 21104 21104 2,492.94 188 99 $2,681.93 4/5/2007 75001 IDEPT OF TRANSPORTATION TRAFFIC MAINT-FEB 07 0015554 45507 867.17 $867.17 4/5/2007 4/5/2007 75002 DIAMOND BAR FRIENDS OF THE LIBRARY DIAMOND BAR FRIENDS OF THE LIBRARY ICOMM ORG SUPPORT FUND BANNERS -REMOVED 0114010 0114010 1 42355 42355 �-712�.00 4/5/2007 1 75003 IDIEHL EVANS AND COMPANY LLP PROF SVCS ei DITING • • •—• •� ---� ���� � ���� 1 00 14050 44010 2,750.001 $2,750.00 Page 13 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/5/2007 75004 IDOGGIE WALK BAGS INC SUPPLIES -PARKS 1 0015310 41200 833.13 $833.13 4/5/2007 75005 EVERGREEN INTERIORS PLANT MAINT-DBC MAR 0015333 45300 165.00 $255.00 4/5/2007 EVERGREEN INTERIORS PLANT MAINT-LIBRARY FEB 0014090 1 42210 90.00 4/5/2007 75006 1EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 75.00 $115.00 4/5/2007 EXTERMINETICS OF SO CAL INC RODENT CONTROL -DBC 0015333 45300 1 40.00 4/5/2007 75007 1GEOVEC INC ICOMP MAINT-I.T. APR 07-08 0014070 42205 3,000.001 $3,000.00 4/5/2007 IMPAC GOVERNMENT SERVICES TRNG-ROAD MAINT 0015510 42340 175.00 4/5/2007 75008 IGO LIVE TECHNOLOGY INC CONSULTANT SVCS -MAR 07 0014070 44000 5,250.001 $5,250.00 4/5/2007 IMPAC GOVERNMENT SERVICES CRPS AD -COMM SVCS 0014060 42315 300.00 4/5/2007 75009 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL SVCS -JAN 0015230 45520 7,950.001 $7,950.00 4/5/2007 IMPAC GOVERNMENT SERVICES MAINT SVCS -ROAD MAINT 0015554 42200 96.47 4/5/2007 75010 IHIRSCH & ASSOCIATES INC. IDESIGN SVCS-SYC CYN PK 2505310 R46415 3,172.501 $3,172.50 4/5/2007 75012 IMPAC GOVERNMENT SERVICES SUPPLIES -ROAD MAINT 0015554 41300 234.15 $5,190.44 4/5/2007 IMPAC GOVERNMENT SERVICES TRNG-ROAD MAINT 0015510 42340 175.00 4/5/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -ROAD MAINT 0015554 41250 41.54 4/5/2007 IMPAC GOVERNMENT SERVICES CRPS AD -COMM SVCS 0014060 42315 300.00 4/5/2007 IMPAC GOVERNMENT SERVICES SUPPLIES-H.R 0014060 41200 69.53 4/5/2007 IMPAC GOVERNMENT SERVICES MAINT SVCS -ROAD MAINT 0015554 42200 96.47 4/5/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 41200 51.19 4/5/2007 IMPAC GOVERNMENT SERVICES MTG SUPPLIES -DBC 0015333 41200 38.89 4/5/2007 IMPAC GOVERNMENT SERVICES TRNG-COMM SVCS 0015350 42340 99.00 4/5/2007 IMPAC GOVERNMENT SERVICES SUBSCRIPTION-I.T. 0014070 42320 149.00 4/5/2007 IMPAC GOVERNMENT SERVICES SUPPLIES-I.T. 0014070 41200 114.75 4/5/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 0015310 41300 85.33 4/5/2007 IMPAC GOVERNMENT SERVICES CISSP TRNG-DESFORGES 0014070 42340 164.25 4/5/2007 IMPAC GOVERNMENT SERVICES MEMBERSHIP DUES-I.T. 0014070 42315 225.00 4/5/2007 IMPAC GOVERNMENT SERVICES MTG SUPPLIES-I.T. 0014070 42315 75.57 4/5/2007 IMPAC GOVERNMENT SERVICES MTG SUPPLIES-PLNG 0015210 42325 68.95 4/5/2007 IMPAC GOVERNMENT SERVICES RRF CONF-PLNG 0015210 42330 50.00 4/5/2007 IMPAC GOVERNMENT SERVICES FLOWERS -COUNCIL 0014090 41400 64.95 4/5/2007 IMPAC GOVERNMENT SERVICES VEH MAINT-COMM SVCS 0015350 42200 80.51 4/5/2007 IMPAC GOVERNMENT SERVICES IMTG SUPPLIES -GENERAL 0014090 42325 177.87 Page 14 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 41400 Amount 34.07 Total Check Amount $5,190.44 ... 415/2007 75012... IMPAC GOVERNMENT SERVICES PROMO SUPPLIES -GENERAL 0014090 4/5/2007 1.69 IMPAC GOVERNMENT SERVICES PRINT SVCS -MAPS 0015510 42320 72.35 0015340 4/5/2007 366.49 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 42200 215.61 0015333 4/5/2007 272.83 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 0015340 41200 140.22 0014090 4/5/2007 19.65 IMPAC GOVERNMENT SERVICES AD -DBC 0014095 42115 800.00 001 4/5/2007 -7.43 IMPAC GOVERNMENT SERVICES PROF.SVCS-DEMO RPTS 0014095 44000 239.00 001 4/5/2007 18.75 IMPAC GOVERNMENT SERVICES SUPPLIES-P/WORKS 1155516 41200 53.01 001 4/5/2007 3.38 IMPAC GOVERNMENT SERVICES PHOTOS-P/INFO 0014095 42112 317.23 001 4/5/2007 -3.38 IMPAC GOVERNMENT SERVICES SUBSCRIPTION-P/INFO 0014095 42320 97.00 001 4/5/2007 JIMPAC GOVERNMENT SERVICES PROMO ITEMS-B/DAY CELEB 0014095 41400 860.00 001 4/5/2007 1 75013 JKATZ OKITSU & ASSOCIATES CONSULTANT SVCS -ENG 1 2505510 1 46412 1 1,339.621 $1,339.62 4/5/2007 75014 KENS HARDWARE SUPPLIES -RECREATION 0015350 41200 29.67 $690.33 4/5/2007 KENS HARDWARE SUPPLIES -DIST 38 1385538 42210 1.69 4/5/2007 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 366.49 4/5/2007 KENS HARDWARE SUPPLIES -DBC 0015333 41200 272.83 4/5/2007 KENS HARDWARE SUPPLIES -GENERAL 0014090 41200 19.65 4/5/2007 75015 LDM ASSOCIATES INC. PROF.SVCS-FPL 2002-29 001 23010 735.00 $813.75 415/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2002-29 001 23010 132.30 4/5/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2002-29 001 34430 -132.30 4/5/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-220 001 23010 41.25 4/5/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-220 001 23010 7.43 4/5/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-220 001 34430 -7.43 4/5/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-216 001 23010 18.75 4/5/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-216 001 23010 3.38 4/5/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-216 001 34430 -3.38 4/5/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-215 001 23010 18.75 4/5/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-215 001 23010 3.38 4/5/2007 JLDM ASSOCIATES INC. JADMIN FEE -FPL 2006-215 001 34430 -3.38 4/5/2007 75016 JKWANG HO LEE P & R COMM -2/13,2/27 0015210 44100 130.00 $260.00 4/5/2007 KWANG HO LEE IP & R COMM -2/13,2/27 0015210 44100 130.00 4/5/2007 1 75017 LEIGHTON & ASSOCIATES, INC. IGEOTECH SVCS-SYC CYN PK 1 2505310 1 46415 1 16,701.001 $19,011.00 Page 15 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # TRAFFIC MAINT SVCS -FEB 07 INDUSTRIAL WASTE -FEB 07 Amount Total Check Amount 2,310.00 $19,011.00 ... 4!5/2007 75017... LEIGHTON & ASSOCIATES, INC. GEO T EGH SVCS-SYC CYN PK 2505310 46415 4/5/2007 I 75018 ILEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE nn�anon e�„� , , -- 001409 421 3 ia.ya $1a.49 75024 4/5/2007 4/5!2007 75019 LOS ANGELES COUNTY PUBLIC WORKS LOS ANGELES COUNTY PUBLIC WORKS TRAFFIC MAINT SVCS -FEB 07 INDUSTRIAL WASTE -FEB 07 0015554 0015510 45507 45530 226.52 3,717.89 $50.00 $3,944.41 75025 ISTEVE G NELSON 4/5/2007 4/5/2007 75020 L )WE'S BUSINESS ACCOUNT L IWE'S BUSINESS ACCOUNT SUPPLIES -DBC SUPPLIES -PARKS 0015333 0015310 41200 41200 28.69 21.49 34650 $50.18 4/5/2007 NINYO & MOORE INC PROF.SVCS-EN 01-323 001 23012 598.00 4/5/2007 4/5/2007 4/5/2007 4/5/2007 4/5/2007 4/5/2007 4/5/2007 75021 MACADEE ELECTRICAL CONSTRUCTION MACADEE ELECTRICAL CONSTRUCTION MACADEE ELECTRICAL CONSTRUCTION MACADEE ELECTRICAL CONSTRUCTION MACADEE ELECTRICAL CONSTRUCTION MACADEE ELECTRICAL CONSTRUCTION TRFFC SIGNAL-GRAND/DB TRFFC SIGNAL-GRAND/D/13 TRFFC SIGNAL-GRAND/DB TRFFC SIGNAL-D/B/MT LAURL TRFFC SIGNAL-D/B/HLD VLLY TRFFC SIGNAL-D/B/57/H/VLY 2505510 2505510 2505510 2505510 2505510 2505510 R46412 R46412 R46412 R46412 R46412 R46412 6,877.00 16,511.75 3,632.94 631.32 42,800.50 77,611.36 $148,064.87 ADMIN FEE -EN 01-323 001 4/5/2007 75022 IMANAGED HEALTH NETWORK JAPR 07 -EAP PREMIUMS 001 21115 150.12 $150.12 1,681.79 4/5/2007 4/5/2007 75023 IMMLA MMLAPK IPK REFUND -HERITAGE REFUND -HERITAGE 001 001 23002 36610 300.00 -5.00 4/5/2007 $295.00 4/5/2007 75024 IGLORIA MORENO JPK REFUND -HERITAGE 1 001 1 23002 3,444.50 50.001 $50.00 4/5/2007 75025 ISTEVE G NELSON P & R COMM -2/27 1 0015210 1 44100 NINYO & MOORE INC 6KOOF $65.00 4/5/2007 4/5/2007 75026 NINYO & MOORE INC NINYO & MOORE INC PROF.SVCS-EN 01-323 PROF.SVCS-EN 01-323 001 001 23012 23012 3,444.50 4/5/2007 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 23012 245.50 107.64 4/5/2007 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 34650 -107.64 4/5/2007 NINYO & MOORE INC PROF.SVCS-EN 01-323 001 23012 598.00 4/5/2007 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 34650 -620.01 4/5/2007 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 23012 1,681.79 4/5/2007 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 34650 -1,681.79 4/5/2007 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 23012 44,19 4/5/2007 ININYO & MOORE INC ADMIN FEE -EN 01-323 001 34650 -44.19 Page 16 $13,631.25 Page 17 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/5/2007 75026... NINYO & MOORE INC 4/5/2007 NINYO & MOORE INC ADMIN FEE- ^1-�� EN �3 001 23012 620.01 $13,631.25... PROF -SVCS -EN 01-323 001 23012 9,343.25 /5/2007 E 75027 NOLTE ASSOCIATES CONSULTANT SVCS-ANNEXTN 5/2007 NOLTE ASSOCIATES 0015210 44220 2,464.00 $7.648.00 CONSULTANT -ANNEXATION 0015210 44220 5,184.00 4/5/2007 75028 NORWALK POWER EQUIPMENT COMPANY GENERATOR -ROAD MAINT 0015554 46250 1,639.99 $1,639.99 4/5/2007 75029 RAFAEL PADERNA REFUND -BLDG PERMIT 001 34300 192.98 _98 4/5/2007 75030 PAETEC COMMUNICATIONS INC. PH.SVCS-MAR/APR 07 0014090 42125 1 826.96 $826.96 2007 75031 THALES PAIK RECREATION REFUND 001 34740 100.00 $100.00 2007 75032 IROWENA PASCUAL PK REFUND -DBC ___400-00F 001 36615 $400.00 4/5/2007 75033 CAMERON PATTON OFFICIAL SVCS -MAR 07 0015350 45300 660.00 $660.00 4/5/2007 75034 PERS RETIREMENT FUND 4!5/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,380.74 $21,657.06 415/2007 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 RETIRE CONTRIB-ER 001 21109 13,230.75 4/5/2007 75035 IJEFFERY POLONIO PK REFUND -HERITAGE PK 001 23002 50.00 $50.00 4/5/2007 75036 POMONA UNIFIED SCHOOL DISTRICT FACILITY RNTL-EGG HUNT 4/5/2007 POMONA UNIFIED SCHOOL DISTRICT 0015350 42140 75.00 $255.00 FACILITY RNTL-B/DAY CELEB 0015350 42353 180.00 4/5/2007 75037 IPRECISION DYNAMICS CORPORATION SUPPLIES -SUMMER CAMP 0015350 41200 263.27 $263.27 4/5/2007 75038 PRIORITY MAILING SYSTEMS INC EQ MAINT-POSTAGE 0014090 42200 319.34 $319.34 4/5/2007 75039 R & D BLUEPRINT 4/5/20072505510 R & D BLUEPRINT PRINT SVCS-P/WORKS 46411 2858 $80.81 PRINT SVCS-P/WORKS 2505510 46411 52.23 4/5/2007 75040 IRALPHS GROCERY/FOOD 4 LESS SUPPLIES -COMM SVCS 0015350 41200 62.22 $62.22 4!5/2007 1 75041 JESTHER RAMIERF7 PK REFUND -HERITAGE PK 001 L 23002200 00 $200 00 Page 17 Check Date (Check City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 4/5/2007 75042 REINBERGER PRINTWERKS PRINT SVCS -BUS CARD 0014095 42110 180.13 $271.06 4/5/2007 REINBERGER PRINTWERKS PRINT SVCS -BUS CARD 0014095 42110 90.93 4/512007 1 75043 JRJM DESIGN GROUP INC ICONSULTANT SVCS-PANTERA 1 2505310 1 46415 1 500.001 $500.00 4/5/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-246 001 23010 207.92 4/5/2007 1 75044 IS C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 444.911 $444.91 4/5/2007 TRUGREEN LANDCARE LANDSCPE MAINT-DIST 41 1415541 42210 389.04 4/5/2007 1 75045 ISASE COMPANY INC REPLACEMENT -SIDEWALK 0015554 46250 4,965.191 $4,965.19 4/5/2007 1 75046 ISMART & FINAL SUPPLIES -TINY TOTS 0015350 41200 133.031 $133.03 4/5/2007 1 75047 ISTATE DISBURSEMENT UNIT ISLRY ATTCHMT-BY0426064 001 21114 1 100.001 $100.00 4/5/2007 1 75048 ISUPERCO SPECIALTY PRODUCTS SUPPLIES -PARKS 0015340 1 42210 1 387.621 $387.62 4/5/2007 1 75049 THE KOSMONT COMPANIES CONSULTANT SVCS-NOV 06 0015240 1 R44000 1 7,838.32 $7,838.32 4/5/2007 75050 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2005-162 001 23010 242.22 $663.94 4/5/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-246 001 23010 207.92 4/5/2007 75054 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-244 001 23010 213.80 $192.43 4/5/2007 1 75051 ITIME WARNER MODEM SVCS -COUNCIL 1 0014010 1 42130 1 44.951 $44.95 4/5/2007 75052 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-FEB-APR 07 0014090 42100 587.96 $1,119.45 4/5/2007 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-FEB-APR 07 0014090 42100 182.96 4/5/2007 75054 TOSHIBA BUSINESS SOLUTIONS INC COPIER MAINTE-FEB-ARP 07 0014090 42100 348.53 $192.43 4/5/2007 1 75053 ITRAFFIC DATA SYSTEMS SERVICES EQ -PUBLIC WORKS 0015551 1 45222 2,610.00 $2,610.00 415/2007 TRUGREEN LANDCARE C/WIDE LANDSCPE-DIST 39 1395539 45500 11,203.65 41:5/2007 1 75054 ITRENCH PLATE RENTAL CO JEQ RENTAL-P/WORKS 0015554 1 42130 192.431 $192.43 4/5/2007 75055 TRUGREEN LANDCARE C/WIDE LANDSCPE-DIST 38 1385538 45500 5,576.55 $49,880.98 415/2007 TRUGREEN LANDCARE C/WIDE LANDSCPE-DIST 39 1395539 45500 11,203.65 4/5/2007 TRUGREEN LANDCARE C/WIDE LANDSCPE-DIST 41 1415541 45500 3,409.35 4/5/2007 TRUGREEN LANDCARE LANDSCPE MAINT-DIST 41 1415541 42210 389.04 4/5/2007 1 TRUGREEN LANDCARE LANDSCAPE MAINT-PARKS 0015340 42210 20,000.00 Page 18 Page 19 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Transaction Description Check Date Check Number Vendor Name Fund/ Dept Acct # Amount Total Check Amount 4/5/2007 75055... TRUGREEN LANDCARE C./WIDE LANDSCPE-PARKS JAN 00015340 4/5/2007 TRUGREEN LANDCARE LANDSCAPE MAINT-PARKS 45300 8,122.30 $49,880.98 ... 4/5/2007 TRUGREEN LANDCARE 0015340 42210 616.78 4/5/2007 TRUGREEN LANDCARE LANDSCPE MAINT-DIST 38 1385538 42210 422.15 LANDSCPE MAINT-DIST 39 1395539 1 42210 141.16 4/5/2007 75056 ULTRASYSTEMS PROF.SVCS-FPL 2005-145 4/5/2007 ULTRASYSTEMS 001 23010 10,707.50 $10,707.50 4/5/2007 ULTRASYSTEMS ADMIN FEE-FPL 2005-145 001 23010 1,927.35 ADMIN FEE-FPL 2005-145 001 34430 -1,927.35 4/5/2007 75057 UNITED PARCEL SERVICE EXPRESS MAIL-P//WORKS 0014090 42121 23.45 $23.45 4/5/2007 1 75058 IVANTAGEPOINT TRNSFR AGNTS-303248 04/06/07-P/R DEDUCTIONS 001 21108 1 249927rl $24,992.75 4/5/2007 75059 IVEHICLE REGISTRATION COLLECTIONS SLRY ATTCHMT-3DCC26320051 1001 21114 25.84 $25.84 4/5/2007 1 75060 JW.W. GRAINGER INC. SUPPLIES-ROAD MAINT 0015554 41250 138.15 $138.15 4/5/2007 75061 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAR 07 4/5/2007 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JAN-MAR 0015350 42140 750.0-0 $4,575.00 4/5/2007 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAR 07 0015350 42140 F375.00 3,450.00 0015350 42140 4/5/2007 75062 WAXIE SANITARY SUPPLY SUPPLIES-DBC 0015333 41200 17.31 $17.31 4/5/2007 75063 JOSMAN WEI P & R COMM-2/13,2/27 0015210 44100 130.00 $130.00 4/5/2007 75 064 WELLS FARGO BANK MTG SUPPLIES-DOYLE 4/5/2007 WELLS FARGO BANK 0014030 42 325 56.04 $2,531.26 4/5/2007 WELLS FARGO BANK NLC CONF-MCLEAN 0014030 42330 460.00 4/5/2007 WELLS FARGO BANK MTG-DOYLE 0014030 42325 53.09 415/2007 WELLS FARGO BANK MEMBERSHIP DUES-MCLEAN 0014030 42315 65.00 NLC CONF-DOYLE 0014030 42330 1,897.13 4/5/2007 75065 WELLS FARGO BANK NLC CONF-COUNCIL 4/5/2007 WELLS FARGO BANK SGV MTG-CMGR 0014010 42330 460.00 $3,229.26 4/5/2007 WELLS FARGO BANK 0014030 42325 105.00 4/5/2007 WELLS FARGO BANK NLC CONF-COUNCIL 0014010 42330 603.16 NLC CONF-CMGR 0014030 42330 2,061.16 Page 19 City of Diamond Bar - Check Register 03/29/07 thru 04/11/2007 Check Date Check Number Vendor Name Transaction Description 0015220 Fund/ Dept 4/5/2007 4/5/2007 4/5/2007 4/5/2007 75066 WEST COAST ARRORISTS INC WEST COAST ARBORISTS INC WEST COAST ARBORISTS INC WEST COAST ARBORISTS INC TREE WATERING -MAR 07 TREE MAINT-FEB 07 TREE WATERING -FEB 07 TREE MAINT-MAR 07 10,623.00 0015558 0015558 0015558 0015558 4/5/2007 75067 WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT 0015554 1 41250 1 123.36 $123.36 4/5/2007 1 75068 JYI TONY TORNG P & R COMM -2/27 4/9/2007 75069 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -JAN 07 4/9/2007 ID & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -FEB 07 3/29/2007 I wrr #20 UNION BANK OF CALIFORNIA, NA Page 20 0015210 1 44100 $65.00 0015220 Acct # Amount Total Check Amount 0015220 45510 628.00 $27,549.00 45509 10,623.00 45510 314.00 45509 15,984.00 4/5/2007 75067 WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT 0015554 1 41250 1 123.36 $123.36 4/5/2007 1 75068 JYI TONY TORNG P & R COMM -2/27 4/9/2007 75069 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -JAN 07 4/9/2007 ID & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -FEB 07 3/29/2007 I wrr #20 UNION BANK OF CALIFORNIA, NA Page 20 0015210 1 44100 $65.00 0015220 45000 1 73,957.45 $110,106.50 0015220 45000 36,149.05 PYMNT #20 0014090 42140 $65,302.64 $1,725,900.59 Agenda # 6. 3 Meeting Date: April 17, 2007 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a r TITLE: AMEND DESIGN SERVICES CO TRACT WITH KIMLEY-HORN AND ASSOCIATES, INC.FOR PROSPECTORS ROAD STREET REHABILITATION PROJECT FROM SUNSET CROSSING ROAD TO GOLDEN SPRINGS DRIVE IN THE AMOUNT OF $28,947, PLUS A CONTINGENCY AMOUNT OF $3,000 FOR A TOTAL AUTHORIZATION OF $31,947. RECOMMENDATION: Approve and amend contract. FISCAL IMPACT: The FY 2006-2007 Capital Improvement Program budget has allocated $877,150 for the Prospectors Road Rehabilitation Project Project. BACKGROUND/DISCUSSION: On February 7, 2006, Council approved a contract with Kimley-Horn and Associates for design services of the Prospectors Road Rehab Project. The scope of services included preparation of plans, specifications and engineering estimates. On Marcy 27, 2007 Kimley-Horn and Associates submitted a proposal at the City's request for additional services. The services include cross section survey and review, parkway design and bid stage services. The original design contract did not include these services. Cross section survey and review was added to the scope of services after field investigations and core samples were taken from the existing roadway. This project was originally intended to be a grind and overlay project, but due to the findings of the core samples, a full reconstruction of the northern half of Prospectors Road will need to be designed and constructed. Core samples taken revealed that the existing pavement along Prospectors road is on average only 2" thick along the north half of the roadway. Due to the extreme substandard condition of the roadway that the City inherited upon incorporation, a complete rehab design had to be conducted which will require cross section survey and review of the survey to assure that adequate cross slopes are maintained along the newly designed roadway. This cross section survey will also be used as part of the Capital Improvement Program's Traffic Calming project of Prospectors Road. As part of the 2006-2007 Capital Improvement Program, parkway landscape along Prospectors Road was budgeted under Miscellaneous Improvements. During the mid- year budget approval (February 6, 2007) the parkway improvement budget of $131,150 was combined with the street improvement project. This parkway landscape improvement project is now being incorporated into the rehabilitation design and is therefore: being added to the design scope of services Hardscape and tree wells will be installed along the south half of Prospectors Road from the freeway overpass to Golden Springs where there is currently no existing parkway landscape. Additionally, decorative hardscape will be added along the parkway near the flood control channel. Finally, as the plans for the project are near completion and we prepare to send them out to bid, Kimley-Horn will provide bid stage services which will include responding in writing to requests for clarifications for items related to the design, assist in the issuance of addenda to the bid package as needed. The revised tentative schedule of this project is as follows: Plans, Specifications and Estimate Complete May 2007 Construction Contract Award June 2007 Construction Completion August 2007 PREPARED BY: Kimberly Molina, Associate Engineer REVIEW _ BY: Da G. l ,Director of Public Works Attachments: Contract Amendment for Kimley-Horn and Associates Proposal by Kimley-Horn and Associate Dated March 27, 2007 which includes the scope of services 2 AMENDMENT NO. 01 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 01 is made and entered into this 17th day of April 2007, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY') and KIMLEY-HORN AND ASSOCIATES (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide Professional Consulting Services, which the Agreement was dated February 7, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "B" to provide engineering services for the design of parkway landscaping, cross section survey and review and bid stage services for the Prospectors Road Street Rehabilitation Project. 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 February 7, 2006 and Exhibit "B", dated March 27, 2007, for the design engineering services for the Prospectors Road Street Rehabilitation Project." 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 Agency in compliance with the schedule set forth in Exhibit "A" and Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 01 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. 01 shall be valid and binding. Any modification of this Amendment No. 01 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Agreement shall not exceed $28,947 dollars." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 01 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: 0 City Attorney CITY OF DIAMOND BAR Cribbins, City Clerk Steve Tye, Mayor Agenda # 6 . 4 Meeting Date: April 17, 2007 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mar�ag' TITLE: NOTICE OF COMPLETIONN F R THE GRAND AVENUE STREET IMPROVEMENT (BEAUTIFICATION/BETTERMENT) PROJECT - PHASE I FROM STATE ROUTE 57/60 TO 470 FEET WEST OF CAHILL PLACE RECOMMENDATION: File a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUND: On April 5, 2005, the City Council awarded a construction contract to Sequel Contractors, Inc. (Sequel) for $1,921,000.00 with a contingency amount of $279,000.00 for a total authorization amount of $2,200,000.00. The City issued the Notice to Proceed for construction of the project on July 05, 2005. This was a very complex project which required close coordination with the construction of the Target retail site and construction of the Brookfield Homes project. In addition, facilities owned by Southern California Edison (SCE), Verizon, and Walnut Valley Water District, along with storm drain and sewer lines, and Caltrans electrical conduits needed to be relocated before Sequel could complete the construction. The project further required a permit from Caltrans due to work being done next to the State Route 57/60 on/off ramps. The contract also included three months for a landscape plant establishment and maintenance period. Delays to Sequel's contract occurred due to the utility coordination issues and circumstances that were beyond the control of both Sequel and the City. Consequently, this contract delay resulted in Sequel incurring additional cost for maintaining the project site (NPDES, traffic control, etc.), remobilizing equipment, and maintaining extended insurance and bond coverage. The construction was substantially complete by September 2006. However, the project could not be accepted by the City due to delay impacts that Sequel needed to resolve with the City and a labor dispute between Sequel and their sub -contractor which involved the State Department of Industrial Relations. All these issues were resolved in March 2007 and the project has been completed within budget. The project is now ready to be accepted by the City. DISCUSSION: Sequel Contractors, Inc. has completed all work required as part of this project in accordance with the plans and specifications approved by the City. The final construction cost of the project is $2,068,656.87, and the project is ready to be accepted by the City. PREPARED BY: Fred Alamolhoda, Contract Project Manger Prepared: April 2, 2007 REVI7U, , Davi .irector of Public Works Attachment: Notice of Completion 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 E. COPLEY DRIVE DIAMOND BAR., CALIFORNIA 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: L 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 March 2007. The work done was: Grand Avenue Street Improvement Beautification/Betterment Project Phase I 7. The name of the contractor, if any, for such work of improvement was Sequel Contractors Inc (If no contractor for work of improvement as a whole, insert `hone") (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 Grand Avenue from State Route 57/60 to 470 Feet West of Cahill Place. 9. The street address of said property is Dated: Verifcation for Individual Owner (If no street address has been officially assigned, inscrt "none") CITY OF DIAMOND BAR Signature of owneror corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ('resident of', "Manager of," "A 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 true and correct. Executed on 20 , at Diamond Bar (Date cfsignatare) (City where signed) , California. (Personal signature of the individual who is swearing that the contents of the notice ofcompletion are true) CITY COUNCIL Agenda # 6.5 Meeting Date: April 17, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e k � TITLE: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO APPLY FOR ALL AVAILABLE HOUSEHOLD HAZARDOUS WASTE AND USED OIL RECYCLING GRANTS OFFERED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no financial impact upon the City's General Fund. Funds possibly obtained, up to $25,000 for the Household Hazardous Waste (HHW) grant and $17,000 for the Used Oil grant, will help offset the costs of the City's integrated Environmental Services program. BACKGROUND: Used Oil The City has facilitated the current used oil recycling programs using the annual grant funds from the California Integrated Waste Management Board (Board). This fund allows for outreach materials, inspections and management of the program. Currently there are two ways for residents to dispose of used oil: curbside pick up and drop off at a certified center. The easiest way to dispose of used oil safely is curbside collection. Waste Management Inc. will collect used oil and used oil filters from single-family residences on regularly scheduled refuse recycling collection days. Residents can also recycle their used oil and filters at the following certified centers in Diamond Bar: Autozone, Firestone Tires, and Jiffy Lube. In fiscal year 2005/2006 850 gallons were recycled at curbside and 7,360 gallons were recycled at our certified centers. Household Hazardous Waste (HHW) The City currently partners with Los Angeles County for the HHW Collection Events that occurs in different cities in the County on Saturdays. A HHW Collection Event is generally held in Diamond Bar annually. In the last collection event in Diamond Bar on February 24, 2007, 300 used car batteries, 8,500 gallons of used paint, 900 gallons of used motor oil and 70 drums of other miscellaneous wastes such as pesticides and pool chemicals were collected. For these County events, there are no costs or staff time required from the City. Future grants that the City may apply for will provide resources for starting and maintaining city wide programs for more convenient disposal of HHW on a regular basis and provide the necessary educational materials. DISCUSSION: By approving the attached resolution, the City Manager will be authorized to apply for all available funds under the used oil recycling and HHW grant programs offered by the Board. This resolution authorizes applications in all grant cycles for both programs for a period of five years (April 2007 -April 2012), so that this resolution does not have to be replicated each year. The previous authorization via Resolution No. 2002-21 expired in March 2007. PREPARED BY: Joyce Lee, Management Analyst REVIEWED B David G. Liu, P.E. Director of Public Works Attachments: Resolution No. 2007 -XX Page 2 of 2 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY OF DIAMOND BAR CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO APPLY FOR ALL AVAILABLE HOUSEHOLD HAZARDOUS WASTE AND USED OIL RECYCLING GRANTS OFFERED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provide for a Used Oil Recycling Block Grant (IJOBG) to eligible cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Eastin,1993) that provides Household Hazardous Waste Grants (HHW Grants) to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for administering the UOBG and HHW Grant, which includes procedures governing the application by and payment to eligible cities and counties; and WHEREAS, if awarded, the applicant will enter into a Grant Agreement with the California Integrated Waste Management Board for implementation of said grants; NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar authorizes the submittal of grant applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste grants for the period of April 2007 through April 2012. BE IT FURTHER RESOLVED that the City Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the City of Diamond Bar all grant documents necessary to secure grant funds and implement the approved grant project. Passed, Approved, and Adopted on this 17th day of April 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 17th day of April, 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 # 6.6 Meeting Date: April 17, 2007 REPORTCITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manaer _�p TITLE.- Resolution No. 2007 -XX: Establishin a Policy that Delegates Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Section 910, Et Seq. RECOMMENDATION: Adopt. FINANCIAL IMPACT: None BACKGROUND: In November of 1990, the City of Diamond Bar entered into a Joint Powers Agreement with the California Joint Powers Insurance Authority (JPIA) to became a member of the Authority. As a member, the Authority provides self-insurance, risk management and loss control advise and assistance to the City. Processing of liability claims has been done by the City Clerk's Office. Once the Clerk receives the claim, it is forwarded to Carl Warren & Company who then reviews each claim for its merits and then contacts the Clerk with a recommendation. When the recommendation is received it is placed on an upcoming Council agenda for approval or denial. Once the Council has made a determination, the Clerk then sends a letter to the claimant as to the Council's action. This process takes approximately 1 to 2 months. Recently, the Executive Committee of the California JPIA has provided its members with an additional alternative for handling liability claims filed against member cities. The new alternative would allow the member to delegate the entire claims handling responsibilities to the Authority, which would eliminate the need for the members of the legislative body to take any action. Although, in the past the City has chosen to have the claim rejected at a public meeting and for staff to send written notice of the rejection, staff is of the opinion that by delegating the entire process to the Authority, the time frame from investigation to rejection or approval would shorten the time the claimant has to wait to find out the outcome of their request. PREPARED BY: Tommye Cribbins, City Clerk Attachments: Resolution 2007 -XX Response Form REVIEWED B David oyle, sst. City Manager RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A POLICY THAT DELEGATES TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ. THE CITY COUNCIL OF THE CITY OF DIAMOND DOES HEREBY RESOLVE AND DETERMINE AND ORDER AS FOLLOWS: Whereas, the City of Diamond Bar is a member of the California Joint Powers Insurance Authority (California JPIA), and pursuant to Government Code Sections 990.4, et seq and 6500 et seq. pools its self-insured liability claims and losses with other California JPIA members under a Memorandum of Coverage; and, Whereas, the Joint Powers Agreement creating the California JPIA authorizes it to exercise powers common to members and appropriate to defend and indemnify members from liability claims under the Memorandum of Coverage, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The City of Diamond Bar delegates to California JPIA authority to act on its behalf pursuant to Government Code sections 910, et seq. to accept, reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of the City of Diamond Bar. Section 2. This Resolution shall become effective immediately upon its adoption. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this '2007. Mayor day of I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: fommye Cribbins, City Clerk City of Diamond Bar Urhau Peter C. Conley en Sean C. ATTORNEYS AT LAW Walnut Creek, California 94596 Telephone: (925) 932-3600 Fax: (925) 932-1623 September 6, 2005 Indian Wells office 74-900 Highway 111, Suite 216 Indian Wells, California 92211 Telephone: (760) 346-4633 Fax: (760) 322-1292 Please Respond to: Walnut Creek Office Jon Shull, Executive Director California JPIA 8081 Moody St. La Palma, CA 90623 Re: Authority of CJPIA to Reject or Return Claims on Behalf ofMembers Dear Jon: You asked for our analysis of CJPIA's authority to reject claims, or return claims as insufficient, or return claims as untimely, on behalf of member agencies. We believe that the Government Code provisions relating to handling of tort claims, pooling of self-insured claims or losses, and joint powers authorities collectively stand for the proposition that a self-insurance JPA has the authority, when authorized by a member agency, to act on the member agency's behalf with respect to tort claims. Government Code section 900.2 defines "board" as the "governing body of the local public entity..." Government Code section 910.8, relating to notice of insufficiency of a claim, says that "[i]f in the opinion of the board or the person designated by it a claim as presented fails to comply substantially" with the requirements of the Tort Claims Act, "the board or the person" may send notice of insufficiency. (Emphasis added.) Government Code section 91 1.3, relating to the return of untimely claims, indicates that the "board or other person designated" may send notice of denial of a late claim. Section 911.6 (late claim applications) and 912.6 (action on claims) indicate that the governing board (there is no mention of a designated person) may reject, allow, allow in part or compromise a claim. Section 913.2 says that the board may reexamine its decision on a previously -rejected claim. Section 935.2 says that the board may by charter, ordinance or regulation, create a claims board or commission of not less than three members to perform such functions of the governing board as it may prescribe. Most importantly, section 935.4 says the board may authorize an employee of the local public agency to perform the board's functions, although this would not include settlement above $50,000, except by charter provision. Section 949 indicates that the board may delegate authority to compromise a claim to an employee or attorney of the agency after the board has considered the claim. The importance of these statutes for our discussion is that they establish the authority of the governing board of a local public agency to delegate authority exercised with respect to claims under the Tort Claims Act. This authority to delegate is further supported by reference to the Joint Powers Act, which generally permits public agencies to form separate agencies to share powers common to Jon Shull, CJPIA September 6, 2005 Page 2 the members, and the portions of the Tort Claims Act that permit the pooling of self-insured claims or losses. Section 990.4 of the Government Code provides that a public agency may maintain self insurance. Section 990.8 provides that two or more local public entities may, by a joint powers agreement (pursuant to section 6500, et seq.) provide insurance authorized by the Tort Claims Act by any of the methods specified in 990.4. In other words, two or more agencies may form a joint powers agreement in order to pool their self insurance. Section 990.8 refers to the pooling of "self-insurance claims or losses" which strongly infers that the power to handle "claims" is among the powers being pooled. Section 6502 of the Government Code provides that two or more public agencies by agreement may jointly exercise any power common to the contracting parties. Section 6508 provides that a joint powers agreement may create a separate public agency, and that said agency shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement. When it comes to pooling self-insured claims or losses, we believe that this means the agency created to exercise the common power (here CJPIA) can thus be delegated the power to reject or accept tort claims, or return them as insufficient or untimely. Since CJPIA pools the self insurance against liability claims of its members, a necessary power exercised in the course of such pooling is the power to handle tort claims. Moreover, the Joint Powers Agreement at Article 6 expressly states that: The Authority shall have the powers common to its Members and is hereby authorized to do all acts necessary for the exercise of said common powers, including but not limited to, .. , exercise all powers necessary and proper to carry out the terms and provisions of this Agreement, or otherwise authorized by law. There is no California case specifically on point, but we believe that this is because the matter is not controversial, and flows necessarily from the power to create a self-insurance pool in the first instance. We therefore reaffirm our earlier advice to you that, in our opinion, CJPIA has the authority under the Code sections cited above to exercise the power, on behalf of its public agency members, to reject tort claims, or return them as untimely or insufficient. In order to confirm this, the proper procedure would be for the member agencies to adopt resolutions affirming that this power is delegated to CJPIA. Very truly yours, GIBBONS & CONLEY ijh A. BYRNE CONLEY California JPIA Page 1 of 2 CALIFORNIA • I' I Home Policy Library _ Newsletters Links Claims Information Claims Delegation~ Coverage Summaries — Job Analyses Retro Computation Property Prcgr-am Tr^inrngEvents r�+. r i4r .. About 1 Tort Liability Claims Handling Upon the recommendation of the City Managers Committee, the Executive Committee of the California JPIA recently took action to provide members with an additional alternative for the handling of liability claims filed against them. The new alternative would allow the member to delegate the entire claims handling responsibility to the Authority, which would eliminate the need for the member's staff or legislative body to take action or send letters to claimants. Under current practice, claims presented to the clerk of the member agency are forwarded to Carl Warren & Company, the third party administrator for the Authority. Carl Warren staff reviews each claim for its merits and contacts the member agency with a requested action. When the determination is made that the claim should be rejected, there are several possible courses of action depending upon the claim and prior actions of the legislative body: 1. The legislative body of the member agency can take no action, and the claim will be deemed rejected by course of law 45 days after it is presented to the clerk. By allowing the claim to be rejected by course of law, the time period in which a lawsuit may be filed is two years from the date of the occurrence. 2. The legislative body may choose to reject the claim at a public meeting and send written notice of the rejection. This reduces the time period in which a claimant may file a lawsuit to six months following the rejection. Many members have tai<en the actions necessary to irnplernent the Third alternative: 3. The legislative body may, by resolution, delegate the claims handling responsibility to a member of staff. That staff member then rejects the claim, again shortening the time period in which to file a lawsuit to six months. The new alternative allows further streamlining of the process: 4. The legislative body may, by resolution, delegate the claims handling responsibility in its entirety to the Authority, allowing the Authority to send notice of the rejection and shortening the timeframe in which to file a lawsuit to six months. Please download the Delegation of Claims Handling response form indicating the claims handling option your agency has elected to employ, If your agency decides to employ alternative u3 or #4, a proper resolution must be Gassed. • Delegation of Claims Handling response form [ r i!, I Word ] You may download the following sample resolutions: • Resolution Delegating Basic Claims Handling to Agency Staff [ ! 1 Word ] http://www.cjpia.org/4dcgi/resources/claims _delegation.shtml 4/10/2007 • . California JPIA Page 2 of 2 • Resolution Delegating Claims Handling to California ]PIA [ Word ] The response form and certified Copy of the adopted resolution should be mailed to the attention of Tammie Haller, Senior Management Analyst, by June 30, 2006. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 8081 Moody Street, La Palma, CA 90623 Phone: (800) 229-2343 Email: info@cjpia.org Copyright @ 2001 http://www.cjpia.org/4degi/resources/claims_delcgation.shtml 4/10/2007 RESOLUTION NO. A RESOLUTION OF THE [LEGISLATIVE BODY] OF [AGENCY] ESTABLISHING A POLICY THAT DELEGATES TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ. THE [LEGISLATIVE BODY] OF [AGENCY] DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Whereas, [Agency] is a member of the California Joint Powers Insurance Authority (California JPIA), and pursuant to Government Code sections 990.4, et sed. and 6500 et seq. pools its self-insured liability claims and losses with other California JPIA members under a Memorandum of Coverage; and Whereas, the Joint Powers Agreement creating the California JPIA authorizes it to exercise powers common to members and appropriate to defend and indemnify members from liability claims under the Memorandum of Coverage, NOW, THEREFORE, THE [LEGISLATIVE BODY] OF [AGENCY] DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. [Agency] delegates to California JPIA authority to act on its behalf pursuant to Government Code sections 910, et seq. to accept, reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of [Agency]. SECTION 2. This Resolution shall become effective immediately upon its adoption. SECTION 3. The [Agency] Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this th day of [Presiding Officer] ATTEST: [Agency] Clerk RESOLUTION NO. A RESOLUTION OF THE [LEGISLATIVE BODY] OF [AGENCY] ESTABLISHING A POLICY THAT DELEGATES BASIC TORT CLAIM HANDLING OF MINOR CLAIMS TO [POSITION TITLE] AS AUTHORIZED BY GOVERNMENT CODE SECTION 935.4 THE [LEGISLATIVE BODY] OF [AGENCY] DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, Section 935.4 of the Government Code of the State of California provides that a local public entity may authorize an employee of the local public entity to resolve a claim against the local public entity; and WHEREAS, this [Agency] has now determined to adopt such a policy; NOW, THEREFORE, THE [LEGISLATIVE BODY] OF [AGENCY] DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The [Position Title] is authorized to take administrative actions necessary to resolve claims against the [Agency] that do not exceed $50,000 pursuant to the provisions of Government Code Section 935.4. SECTION 2. This Resolution shall become effective immediately upon its adoption. SECTION 3. The [Agency] Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this th day of [Presiding Officer] ATTEST: [Agency] Clerk Agenda # 8. 1 Meeting Date: April 17, 2007 CITY COUNCILS AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: lames DeStefano, City Man TITLE: Award of Contract to Templeton PI nning Group for creation of an Environmental Impact Report to evaluate potential development of the Diamond Bar Golf Course site and relocation of the golf facility ($397,672) and authorize a 15% contingency ($60,000) to be approved by the City Manager for a total authorization of $457,672. RECOMMENDATION: Approve. FINANCIAL IMPLICATION: There are sufficient funds in the economic development fund for this expenditure. BACKGROUND: For many years Diamond Bar residents have requested additional recreational facilities such as sports fields and an aquatics center. Also, throughout the years Diamond Bar residents have voiced their desire to attract additional commercial retailers and restaurants to provide shopping and dining opportunities in the City. Recognizing the desires of Diamond Bar residents and understanding that there are limited opportunities to provide additional recreational uses, and develop retail shopping and dining facilities in the City; the City Council identified the existing Diamond Bar Golf Course as a potential site for these types of land uses. During several economic development workshops and development of the City Council goals and objectives, the exploration of the development of the golf course has been considered. The City Council included possible re -use of the golf course in its list of goals and objectives. DISCUSSION Through discussions with LA County, it was determined that the City would need to construct a new golf course and provide it to the County in order to acquire the existing golf course site. While no decision has been made regarding the construction of a new course, it is appropriate to conduct an environmental analysis of the potential project in accordance with the California Environmental Quality Act (C:EQA). In addition, the CEQA analysis needs to be conducted on the potential redevelopment of the existing golf course. Again, while no decision has been made regarding the types of land uses that could be developed on the existing golf course, it is appropriate to study a variety of alternative land uses such as parkland, recreational uses, government uses, commercial/retail development, housing, and office development. The City solicited proposals to perform this work from the following environmental consultants: FIRM COST Templeton Planning Group $397,672 LSA $555,287 The City's consultant review team, comprised of the City Manager, Assistant City Manager, Public Works Director, Community Development Director, and the City's contract Project Manager, conducted interviews of the prospective firms. Following the interviews and reference checks, the review team unanimously recommends Templeton Planning Group. It is further recommended that the City Council authorize a 15% contingency for change orders to be approved by the City Manager. Attached is the specific cost breakdown of each task and the assigned sub consultants. A complete copy of the proposal is available in the City Clerk's office. The City Attorney has reviewed and approved as to form the attached contract. PREPARED BY: Assistant City Man ger Attachment - 1 . ttachment: 1. Contract for Environmental Impact Report 2. Scope of Services section of Templeton Planning Group proposal 3. Existing Golf Course Aerial Photo 4. Potential New Golf Course Map CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 17th day of April 2007, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Templeton Planning Group ("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". 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. C. Level of Services/Time of Performance. The level and time of the specific services to be performed by Consultant and paid by the City are as set forth in Exhibit "B. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are described in Exhibit "A", dated January 22, 2007. B. Level of Services/Time of Performance. The level and time of the specific services to be performed by Consultant are as set forth in Exhibit "A" (Proposal) and "B" (Cost Estimate). Consultant agrees that it has the manpower and will dedicated sufficient resources to meet the project timeline identified in the proposal. It is understood that acts of the City, developer, courts or nature may affect Consultants ability to meet the timeline and Consultant shall not be liable for delays resulting for acts of these independent parties. 2. Term of Agreement. This contract shall take effect immediately and shall continue until completion of the project unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $397,672 without written addendum. A contingency amount of up to $60,000 is available for additional work not included in the current scope of services and is only authorized after written approval by the 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: City Manager Consultant: City of Diamond Bar Templeton Planning Group 21825 East Copley Drive 1470 Jamboree Rd. Suite 200 Diamond Bar, CA 91765-4177 Newport Beach, CA 92660 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 in 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 workers' 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 working in the State of California. 8. Indemnification. Consultant agrees to indemnify the city, its officers, designated agents, volunteers, and employees, against, and will hold and save them and each of them harmless from 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 negligent acts, and/or 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. A. 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 minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers and employees, 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. B. 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) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. I C. 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 than A VII. D. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct 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 (15 th) 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 its 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. However, City is awarding this contract based on the expertise of Principal, Peter Templeton and Director of Environmental Services, Nicole Morse. If either Mr. Templeton or Ms. Morse is unavailable to provide service, City has the right to interview and select the qualified replacement based on candidates supplied by Consultant. City 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 non-discrimination 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 of 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, designated 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 supercedes 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 hereto have executed this Agreement as of the date first written above. City of Diamond Bar Templeton Planning Group 0 Steve Tye, Mayor ATTEST: in Tommye Cribbins, City Clerk Approved as to Form: in City Attorney I '! I'%91 F'�, h i J ic9;--,9!hs -- 'v Agenda No. RDA 3.1 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS DECEMBER 5, 2006 t =x. CALL TO ORDER: Chairman Chang called the Redevelopment Agency meeting to order at 8:07 p.m. p.m. in the SCAQMD/Government Center Auditorium, 21865 Copley Dr., D.B. ROLL CALL: Agency Members Herrera, Tanaka, Zirbes, VC/Tye and Chair/Chang Also Present Were: James DeStefano, Agency Director; Michael Jenkins, Agency Attorney; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director, Rick Yee, Sr. Engineer; Ryan McLean, Sr. Management Analyst and Tommye Cribbins, Agency Clerk. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/Zirbes moved, AM/Tanaka seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Herrera, Tanaka, Zirbes, VC/Tye Chair/Chang NOES: AGENCY MEMBERS: None ABSE NT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES — Regular Meeting of April 16, 2006. 3.2 APPROVED TREASURER'S STATEMENT FOR April 1, 2005 through October 31, 2006. 4. REDEVELOPMENT AGENCY REORGANIZATION: 4.1 SELECTION OF CHAIR: Chair/Chang opened the nominations for Chairman of the Diamond Bar Redevelopment Agency. Chair/Chang nominated AM/Zirbes to serve as Chairman of the Redevelopment Agency, AM/Herrera seconded the motion. No other nominations offered. DECEMBER 5, 2006 PAGE 2 REDEVELOPMENT AGENCY AM/Zirbes was unanimously elected Chairman by the following Roll Call vote: Ayes: Agency Members: Herrera, Tanaka, Zirbes, VC/Tye, C/Chang Noes: Agency Members: None Absent: Agency Members: None 4.2 SELECTION OF VICE CHAIRMAN Chair/Zirbes nominated AM/Chang as Vice -Chairman. VC/Tye seconded the motion. No other nominations offered. AM/Chang was unanimously elected Vice -Chairman by the following Roll Call vote: Ayes: Agency Members: Chang, Herrera, Tanaka, VC/Tye and C/Zirbes Noes: Agency Members: None Absent: Agency Members: None 5. AGENCY MEMBER CONSIDERATION: None 6. AGENCY MEMBER COMMENTS: None Offered. ADJOURNMENT: With no further business to conduct, Chair/Zirbes adjourned the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority Meeting at 8:11 p.m. TOMMYE CRIBBINS, Agency Clerk ATTEST: WEN CHANG, VICE-CHAIRMAN Agenda # RDA 3.2 Meeting Date: April 17, 2007 DIAMOND BAR REDEVELOPMENT AGENCY REPORT TO: Chairman and Members of the o VIA: James DeStefano, Executive Di r TITLE: Treasurer's Statement— November , 2006 through March 31, 2007 RECOMMENDATION: Approve the November 1, 2006 through March 31, 2007, Treasurer's Statement for the Redevelopment Agency. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per Agency policy, the Finance Department presents the Treasurer's Statement for the Redevelopment Agency Board's review and approval. Due to the change in Redevelopment Agency meeting schedule the following Treasurer's report covers the period of November 1, 2006 through March 31, 2007. PREPARED BY: Linda Magnuson, Finance Director REVIEWED BY: FinancetDkector Attachments: mo Assistant City Manager Treasurer's Statement — November 1, 2006 through March 31, 2007 DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S CASH STATEMENT March 31, 2007 11l11Q6 TRANSFERS 03/31107 BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE REDEVELOPMENT AGENCY CIP FC $0.00 $0.00 $0.00 LOW & MOD INCOME HOUSING FD - REDEVELOPMENT DEBT SVC FD _ TOTALS $0.00 $0.00 $0.00 0.00 $0.00 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $0.00 TOTAL DEMAND DEPOSITS $0.00 TOTAL CASH James DeStefano, Treasurer $0.00 Agenda No. PFA 3.1 DIAMOND BAR PUBLIC FINANCING AUTHORITY ANNUAL MEETING DECEMBER 5, 2006 il; ' 1. CALL TO ORDER: Chairman Tanaka called the meeting to order at 8:12 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Dr., D.B. ROLL CALL: Authority Members Chang, Herrera, Zirbes, VC/Tye and Chair/Tanaka. Staff present: James DeStefano, Executive Director; Michael Jenkins, Authority Attorney; Bob Rose, Community Services Director, Nancy Fong, Community Development Director, Linda Magnuson, Finance Director; Rick Yee, Sr. Engineer; Ryan McLean, Sr. Management Analyst; and Tommye Cribbins, Authority Clerk. 2. PUBLIC COMMENTS: None Offered. 3. 4. CONSENT CALENDAR: AM/Herrera moved, AM/Zirbes seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Chang, Herrera, Zirbes, VC/Tye, Chair/Tanaka NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES — Annual Meeting of April 18, 2006 3.2 APPROVED TREASURER'S STATEMENT — April 1, 2006 through October 31, 2006. PUBLIC FINANCING AUTHORITY REORGNIZATION: 4.1 SELECTION OF CHAIRMAN: Chair/Tanaka opened nominations for Chairman of the Diamond Bar Public Financing Authority. VC/Tye nominated AM/Herrera. AM/Chang seconded the nomination. No other nominations offered. DECEMBER 5, 2006 PAGE 2 PUBLIC FINANCE AUTHORITY AM/Herrera was unanimously elected to serve as Chairman by the following Roll Call vote: Ayes: Agency Members: Chang, Herrera, Zirbes, VC/Tye, C/Tanaka Noes: Agency Members: None Absent: Agency Members: None 4.2 SELECTION OF VICE CHAIRMAN: Chair/Herrera opened nominations for Vice Chairman of the Diamond Bar Public Financing Authority. AM/Zirbes nominated VC/Tye. Seconded by AM/Chang No other nominations offered. VC/Tye was unanimously re-elected Vice Chairman by the following Roll Call vote: Ayes: Agency Members: Chang, Zirbes, Tanaka, VC/Tye, C/Herrera 5. AUTHORITY MEMBER CONSIDERATION: None 6. AUTHORITY MEMBER COMMENTS: None Offered. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further business to conduct, Chair/Herrera adjourned the Public Financing Authority meeting at 8:15 p.m. back to the Regular City Council meeting. TOMMYE CRIBBINS, Authority Clerk ATTEST: CAROL HERRERA, Chairperson AUTHORITY Agenda # PFA 3.2 Meeting Date: Apr. -17,.200 7 AGENDA REPORT TO: Honorable Mayor and Members ofle City Council VIA: James DeStefano, City Mana e TITLE: Public Financing Authority Treasure 's Statement for November 1, 2006 through March 31, 2007 RECOMMENDATION: Approve. FINANCIAL IMPACT: None BACKGROUND: In 2002 the City of Diamond Bar, through the Public Financing Authority, issued Variable Rate Lease Revenue Bonds for the purpose of building the Diamond Bar Center. One of the requirements of the bond is that the City pay a monthly lease payment to the Public Financing Authority. This payment represents the debt service on the bond and consists of the monthly interest charge and 1/12 of the principal payment due on the following July 11t. The prepaid principal payments remain in the bank accounts and are invested and safeguarded until they are due each July 1St. These funds are transferred to the Bond Trustee Union Bank of California for disbursement. The Public Financing Authority bank accounts which reflect these activities are included in this Treasurer's Statement. Although the Public Financing Authority's funds have been incorporated into the City's monthly Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval. This statement shows the cash balances for the various funds, with a breakdown of investment account balances and the effective yield earned from investments. It should be noted that all the funds in the Construction Fund have been used for the construction of the Diamond Bar Center. The funds in the Lease Prepay fund and the Lease Payment Fund are being used to pay the bond principal and interest as the payments become due. PREPARED BY: 41� 1 1, Finance rector Assistant Manager Attachments: Treasurer's Statement — November 1, 2006 through March 31, 2007 PFA - Construction Fund PFA - Cost of Issuance Fund PFA - Lease Prepay Fund PFA - Lease Payment Fund Diamond Bar Public Financing Authority Treasurer's Cash Statement 03/31/07 0.00 86,140.42 2,597.79 0.00 150,582.07 159.519.14 0.00 112.09 686.44 0.00 0.00 (42,052.06) 194,558.34 42,052.06 44,482.55 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $239,040.89 LOCAL AGENCY INVESTMENT FD 0.00 $239,040.89 Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund. The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month. As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly basis. Union Bank Money Mkt - Effective Yield - March 2007 5.04% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Jame eStefano, reasurer D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL�� AGENDA #/SUBJECT: CITY CLERK DATE:�4 Lt' PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. S gnature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK It AGENDA #/SUBJECT: LET! 1?141:31C) :4� DATE: 4 11 -7 /c)i 2:agOz IOrtw,� (DPW - PHONE: '301 qc-/Z—] V15/ Qti - I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m) name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL . TO: CITY CLERK FROM: MA V -T I K)S i i�.0 t -t- a DATE: �' 1• -1 /077 ADDRESS: Z Z4dZ Q610t4 PHONE: CXo 1-gLk2,-7 I ►�;�a ►3�r- ORGANIZATION: D AGENDA #/SUBJECT: SCVACAC,J %;.ro�.ky, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature N TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK,,�u1>J Por (a DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. C� TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK @0oul DATE: PHONE:- 0 �7 6-3 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m name and address as written above. �z Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY ]CLERK FROM: :I P,, ��r�� a,.� �a�cw FrukztiDATE: ub7k� / ADDRESS: 2_Iv L--I�;��,'o��/>i✓ P, PHONE: ORGANIZATION: �� l��o•�� 'u,,,pG�S AGENDA #/SUBJECT:�su�s'� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m) name and address as written above. &/E� Ae7 � ✓ Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 42G. DATE ADDRESS: PHONE:( I J, ORGANIZATION: 1E; �r� ��.., 4, afv-,a.= '�h/ I'✓1 F' �, i AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �� Signature