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HomeMy WebLinkAbout05/01/2007city Agenda ,.sem j Tuesday, May 1, 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 Teleconference Location: 522 LaReforma Drive, Greenwood Indiana Mayor Steve Tye Mayor Pro Tem 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 I I 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 May 1, 2007 Next Resolution No. 2007-27 Next Ordinance No. 5(2007) CLOSED SESSION: 5:00 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 STUDY SESSION: 5:30 p.m., Room CC -8 ► Canary Island Pine Trees — Tree Replacement Program - Discussion and Action. No. Four Corners Council of Governments — Discussion and Action. ► Council Goals and Objectives — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye MAY 1, 2007 PAGE 2 APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming May, 2007 "Water Awareness Month". BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Y.I.C. Taekwondo, Business of the Month, May, 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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 Planning Commission Meeting — May 8, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Traffic and Transportation Commission Meeting — May 10, 2007- 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 City Council Meeting — May 15, 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 17, 2007 — Approve as submitted. (b) Regular Meeting of April 17, 2007 — Approve as submitted. MAY 1, 2007 PAGE 3 6.2 Planning Commission Minutes: (a) Study Session of February 27, 2007 — Receive and file. (b) Regular Meeting of February 27, 2007 - Receive and file. (c) Regular Meeting of March 13, 2007 — Receive and file. (d) Regular Meeting of March 27, 2007 — Receive and file. (e) Regular Meeting of April 10, 2007 — Receive and file. 6.3 Ratification of Check Register - Approve Warrant Register dated April 12 through April 25, 2007 in the amount of $1,391,039.26. Requested by: Finance Department 6.4 Treasurer' Statement - Month of March, 2007. Recommended Action: Review and approve. Requested by: Finance Department 6.5 (a) Appropriate $37,660 of General Fund Balance Reserve to the Capital Improvement Program Budget for FY 2006-07 and Amend Professional Services Contract with DMS Consultants, Inc. for Washington Cul -De -Sac Improvement Project in the Amount of $34,160, Plus a Contingency Amount of $3,500 for a Total Authorization of $37,660. Recommended Action: Appropriate and Amend. (b) Appropriate $21,000 of General Fund Balance Reserve to the Capital Improvement Program Budget for FY 2006-07; Approve Plans and Specs.; and Award the Construction Contract for the Washington Street Cul -De -Sac Improvement Project to Dreambuilder in the Amount of $109,120; and Authorize a Contingency Amount of $11,880 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $121,000. Recommended Action: Appropriate and Award. Requested by: Public Works Department MAY 1, 2007 PAGE 4 6.6 Approval of Legislative Sub -Committee Recommendations to Support AB 411 (Emmerson), SB 708, SB 709, and SB 710 (Dutton) and Oppose SB 964 (Romero): (a) Adopt Resolution No. 2007 -XX: Supporting AB 411 (Emmerson), Permitting a Local Agency to Submit Additional Local Land Use Information to the California Department of Social Services for Consideration Prior to the Establishment of a State Licensed Group Home in a Single -Family Residential Neighborhood. Recommended Action: Adopt. (b) Adopt Resolution No. 2007 -XX: Supporting SB 709 (Dutton), Permitting a Local Agency to Submit Additional Local Land Use Information to the California Department of Social Services for Consideration Prior to the Establishment of a State Licensed Group Home in a Single -Family Residential Neighborhood. Recommended Action: Adopt. (c) Adopt Resolution No. 2007 -XX: Supporting SB 708(Dutton) Requiring a State Licensed Residential Care Facility with Six or Fewer Residents to Obtain a Conditional Use Permit from the Hosting City/Local Agency. Recommended Action: Adopt. (d) Adopt Resolution No. 2007 -XX: Supporting SB 710 (Dutton) Requiring a State Licensed Residential Care Facility to Obtain a Letter of Support from its Host County. Recommended Action: Adopt. (e) Adopt Resolution No. 2007 -XX: Opposing SB 964 (Romero), Making Significant Changes to the Brown Act Severely Limiting Essential Basic Communications Between Legislative Bodies and their Staff Members. Recommended Action: Adopt. Requested by: Legislative Sub -Committee MAY 1, 2007 PAGE 5 6.7 Approve Amendment No. 2 to the Contract with Inland Roundball Officials to Officiate the City of Diamond Bar Athletics Program for the Period of July 1, 2007 through June 30, 2008 in the Amount Not to Exceed $30,000. Recommended Action: Approve. Requested by: Community Services Department 6.8 Approval of Amendment No. 3 to the Contract with West Coast Arborists for City -Wide Tree Maintenance and Watering Services in the City of Diamond Bar for FY 2007-08 in the Amount Not to Exceed $238,050, Including a 3.5% C.P.I. Unit Price Increase. Recommended Action: Approve. Requested by: Community Services Department 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. Continued from April 17, 2007. Recommended Action: Award. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION May 1, 2007 To: Honorable Ma Q nd Members of the City Council From: Bob Rose Director of ommunity Services Via: James DeSte City Manage RE: Canary Island Pine Trees Study Session #1 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 # Canary Island Pine Trees Golden Springs 235 Diamond Bar Blvd. 186 Brea Canyon Road 45 TOTAL 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. SS#3 Me-Iiano To: Honorable Mayor and Members of the City Council From: Ryan McLean, Senior Management Analyst K Date: April 27, 2007 Re: Goals & Objectives Update Please find attached a copy of the Council Goals & Objectives from the past year. The document includes updates on each item from earlier this year. As part of the annual budget preparation and adoption process, the Council is asked to review existing goals and objectives and consider the inclusion of new items. Staff requests the Council begin preparing for this process by developing a vision for next year. Following tonight's introduction of the matter, a more in-depth discussion will take place at the May 15th City Council Study Session. Following the discussion on the 15th, the Council will have the opportunity to choose and prioritize goals and objectives for Fiscal Year 2007-2008. 2006-2007 Goals & Objectives Updates as of 2/07 Economic Development In Process Completed Deferred Staff Comments/Updates - As of 2/07 Had a meeting with Arman Gabay and Larry Kosmont at the October ICSC conference to confirm their commitment in re - Work with Charles Co./Arman Gabay to get more high volume retailer to X developing K -mart area. Discussion centered on developing step replace K-Mart/Develop K-Mart/Jolly Bagel/Medical Center Block by step strategy for redevelopment and City to establish a parking authority. In escrow with Reed property and submitted purchase agreement to City of Industry for two properties adjacent to Reed Create and implement a plan using economic development funds to property for the purpose of a replacement golf course so current secure long term revenue sources for the future of the City. Spell out the X golf course could be used for economic development. TMG City's Economic Development Plan in 1, 5, and 10 year increments, and Communications hired to market the plan to residents. Proposals market the plan to the community from Environmental consultant firms are being submitted for the preparation of EIR for current and replacement golf courses. A public relation firm, TMG, was hired to assist City in developing the most appropriate outreach programs to inform Diamond Bar Create strategic plan for creating a high quality commercial activity center X residents about reuse of the current golf course for a mix of land for long term revenue source for City at the DB Golf Course. uses that may include recreation, retail, residential and entertainment. Initial public outreach schedule for February/March 2007. Design consultant (Mark Rogers, also consultant to the WVUSD) submitted a Specific Plan and Environmental review proposal to Evaluate Site D and work with owner to build a minimum of 50% X City. Staff prepared a MOU for WVUSD to sign for commercial development reimbursement of fronting the consultant's cost. No final response from WVUSD. We have a proposal on the table from our GIS firm, ACT Consulting that would offer us this functionality, as well has Modify City's website to include all retail centers with of list of each provide the monthly updates and do the follow up with the business/retailer located there so that residents know what businesses X agents. Staff plans to begin collecting data on all retail centers are located in DB and office complexes needed to create the list in November, 2006. The Regional Chamber has also proposed to create a business registry for the City. The proposed Golf Course relocation may provide a location for a Develop a Dynamic Center X lifestyle/dynamic center. Create and implement business to business marketing program. Include A community survey is in City Web site. Pending collecting questions about what retailers/storestchalns that residents want in X enough surveys to prepare a report. Diamond Bar on new Citizen Satsfaction survey. T—nannrtntinn In Process Completed Deferred Staff Comments/Updates - As of 2/07 Other Issues In Process Completed Deferred Staff Comments/Updates - As of 2/07 Pursue library bond application for 2006 X Cooperative agreement with L.A. County was approved by the Council 7/18/06. RFP was released in August, and six proposals were received in September. On 10/23/06, four firms were Complete signal interconnect project and get the digital synchronization X interviewed for the design and implementation of the Diamond system up and running Bar Traffic Management Center. Transcore was selected as the preferred vendor and negotiations are set to begin in February 2007. Estimated time to complete the system install is approximately 10 months from the Notice to Proceed. Maintain opposition to 60 Freeway truck only lane (unless as part of 57/60 X Monitoring MTA's Multi -County Goods Movement Action Plan. "final fix) The plan is anticipated to be developed by early 2007. Monitor and participate in the Lemon Avenue offramp project X Participating in monthly Project Management team meetings. MTA anticipates completing the 57/60 feasibility study by summer 2007. Diamond Bar also helped to fund the Four Continue to pursue 57/60 long-term fix. X Corners Transportation Coalition (FCTC), a multi -jurisdictional, public/private non-profit to lobby for design and construction funds needed for the long-term 57/60 Interchange fix. Brea Cyn. Road Grade Separation Project is well underway. Staff Support ACE funding requests and construction of nearby rail grade X participates in weekly meetings with the construction team. crossing projects Completion of construction is anticipated for summer 2008. Review parking ordinances (including oversized commercial vehicles, RV parking, and vehicles exceeding 8000 pounds) from both LA County and X Staff will revisit in the coming months. surrounding cities, and develop a similar ordinance for the City to promote safety and maintain property values. Other Issues In Process Completed Deferred Staff Comments/Updates - As of 2/07 Pursue library bond application for 2006 X 2006 Library Bond Act did not pass in the June election. Revised appraisal has been completed, but the owner has not responded after multiple attempts to contact him. Staff Pursue purchase of Lots 1 & 61. X speculates that the owner is seeking 2x the appraised value of the land. Staff is preparing a resolution for Council adoption to initiate the Notice of Inent to Annexation for March 6, 2007 meeting. Expand sphere of influence to incorporate properties west and southwest Consultant is preparing all pertinent information to submit of the city by creating a pre -annexation agreement for the Shell Oil X Annexation application for Crestline area to LAFCO. Staff Property and by establishing contiguous neighborhoods within City ZIP continues to have regular meetings and discussions with Code and WVUSD by annexing two existing tracts. representatives of Aera Energy for the purpose of annexation. Reed property and City of Industry properties are in escrow. The land acquisition agreement has been approved to buy the Monitor and evaluate proposals for development in areas such as Tres X Industry property. The City has also finalized a pre -annexation Hermanos, Tonner Cyn., and the Shell Oil property. agreement with Aera Energy. Lorbeer Joint Use Agreement approved by PUSD School Board Pursue and promote joint development/use of facilities, parks, and open X on 7125/06. Design of major renovation of field and slope at space with PUSD & WVUSD. Lorbeer now in process. Construction work scheduled for Summer, 2007. Continuing to work with SCE, which will issue it's report on WiFi in mid-April on the feasiblity of municipal WiFi on light poles. Provide a conceptual outline (cost/benefit analysis) for the delivery of X Once we receive this answer, we will pursue all options, including wireless internet service to the community. the proposal of legislation, the building of a coalition of surrounding cities, and eminent domain. City of Industry Property at west end of Golden Springs & Calbourne for X Currently in negotiations with the City of Industry. park and City Yard (5-6 Acres) The Youth Committee worked with Public Works staff to put together a recycling program at Diamond Bar High School. They also organized the second Middle School Dance, which took place Friday, November 3. The third Middle School Dance will be Follow up with recommendations from the Youth Master Plan when X held Friday, May 11, 2007 at the DBC. The Youth Committee, completed. Diamond Bar 4Youth "In Action" and the Adult Committee, Diamond Bar 4Youth, both meet monthly. The Adult Committee is working on by-laws to better organize their work. WVUSD adopted the Plan on Jan. 17, 2007. Both the City and PUSD adopted it in 2005. City was awarded another grant for the improvement of the trails in Sycamore Canyon Park. This one is from the Land and Water Conservation Fund and is for $136,000. The access points to the Implement Trails Master Plan focusing on areas around the new Diamond trails at Steep Canyon and at the Diamond Bar Center have been Bar Center. X designed and are now in plan check. Construction on these two sites should start in Spring, 2007. Staff has also submitted two more grant applications. The P & R Commission is reviewing the Trails Master Plan to incorporate improvements that have been constructed and to clarify standards for future trail design. Citywide branding program - community survey is in City web Master Sign Program within shopping areas. X site. Per consultant upon collecting enough surveys, a report will be generated. Establish a fund for current library enhancements. X City Council provided $14,000 in funds from the City for improvements and beautification of the existing facility. Eucalyptus trees in the medians along Grand Ave were removed Develop a tree replacement program for major streets Blvd., as part of the Grand Ave Phase I improvement project. Eight (8) Pathfinder, Golden Springs, Grand, etc.). Break the Cityy up into 5-10 Canary Island pine trees were removed on Diamond Bar Blvd, zones, and each year, remove the pine and eucalyptus trees and replace X north of Grand Ave, and replaced with eight (8) Crape Myrtle with nicer trees trees. Staff is currently drafting a program/plan to present to the Council in early 2007. If the plan is approved, implementation will be presented as a decision package in the '07-'08 budget. Staff will propose a series of public meetings to discuss the golf Establish semi-annual Town Forums for citizens to discuss issues of X course project to be held in the Spring of'07. The specific public concern including a Goal Setting Forum. outreach program is to be discussed with the Council in the future. Obtain Larkstone Park agreement X Completed with approval of JCC project. Implement Larkstone Park project (a portion of the park could be used as "laboratory" X Completed with approval of JCC project. a natural for local schools, colleges, & universities). Staff has pursued many options for securing a single ZIP Code Establish contiguous neighborhoods within City ZIP code. X within the City's boundaries, but has received no cooperation from the US Postmaster. Enhance scope of DBTV Channel 3 X Internet Stream Video is schedule to be "live" in November. New programming is also in the production phase. Establishment of City Public Works yard for equipment storage. X Staff is currently reviewing the suitability of several locations for a City Yard. Letter to property owner is sent on October 16, 2006. Staff has been in constant contact with the property manager to set up a meeting with the property owner to discuss the preservation of the windmill via historic presevation easement. The property Preserve Windmill located at the Ralph's Shopping Center by dedicating it X manager requested that the meeting be set up sometime after as a historical landmark and pursuing ownership. February 19, 2007. Staff is preparing a letter to the property owner to request for a meeting. Further, staff prepared a draft presevation easement and has forwarded to City Attorney for review. Staff will follow up to arrange such a meeting. in mid-April on the feasiblity of municipal WiFi on light poles. Provide a conceptual outline (cost/benefit analysis) for the delivery of X Once we receive this answer, we will pursue all options, including wireless Internet service to the community. the proposal of legislation, the building of a coalition of surrounding cities, and eminent domain. City of Industry Property at west end of Golden Springs & Calbourne for X Currently in negotiations with the City of Industry. park and City Yard (5-6 Acres) The Youth Committee worked with Public Works staff to put together a recycling program at Diamond Bar High School. They also organized the second Middle School Dance, which took place Friday, November 3. The third Middle School Dance will be Follow up with recommendations from the Youth Master Plan when X held Friday, May 11, 2007 at the DBC. The Youth Committee, completed. and the Adult Committee, Diamond Bar 4Youth "In Action Diamond Bar 4Youth, both meet monthly. The Adult Committee is working on by-laws to better organize their work. WVUSD adopted the Plan on Jan. 17, 2007. Both the City and PUSD adopted it in 2005. City was awarded another grant for the improvement of the trails in Sycamore Canyon Park. This one is from the Land and Water Conservation Fund and is for $136,000. The access points to the Implement Trails Master Plan focusing on areas around the new Diamond trails at Steep Canyon and at the Diamond Bar Center have been Bar Center. X designed and are now in plan check. Construction on these two sites should start in Spring, 2007. Staff has also submitted two more grant applications. The P & R Commission is reviewing the Trails Master Plan to incorporate improvements that have been constructed and to clarify standards for future trail design. Citywide branding program - community survey is in City web Master Sign Program within shopping areas. X site. Per consultant upon collecting enough surveys, a report will be generated. Establish a fund for current library enhancements. X City Council provided $14,000 in funds from the City for improvements and beautification of the existing facility. Eucalyptus trees in the medians along Grand Ave were removed Develop a tree replacement program for major streets (DB Blvd., as part of the Grand Ave Phase I improvement project. Eight (8) Pathfinder, Golden Springs, Grand, etc.). Break the City up into 5-10 Canary Island pine trees were removed on Diamond Bar Blvd, zones, and each year, remove the pine and eucalyptus trees and replace x north of Grand Ave, and replaced with eight (8) Crape Myrtle with nicer trees trees. Staff is currently drafting a program/plan to present to the Council in early 2007. If the plan is approved, implementation will be presented as a decision package in the '07-'08 budget. Staff will propose a series of public meetings to discuss the golf Establish semi-annual Town Forums for citizens to discuss issues of x course project to be held in the Spring of '07. The specific public concern including a Goal Setting Forum. outreach program is to be discussed with the Council in the future. Obtain Larkstone Park agreement x Completed with approval of JCC project. Implement Larkstone Park project (a portion of the park could be used as Completed with approval of JCC project. a natural laboratory for local schools, colleges, & universities). Staff has pursued many options for securing a single ZIP Code Establish contiguous neighborhoods within City ZIP code. X within the City's boundaries, but has received no cooperation from the US Postmaster. Enhance scope of DBTV Channel 3 X Internet Stream Video is schedule to be "live" in November. New programming is also in the production phase. Establishment of City Public Works yard for equipment storage. X Staff is currently reviewing the suitability of several locations for a City Yard. 4 Letter to property owner is sent on October 16, 2006. Staff has been in constant contact with the property manager to set up a meeting with the property owner to discuss the preservation of Preserve Windmill located at the Ralph's Shopping Center by dedicating it the windmill via historic presevation easement. The property as a historical landmark and pursuing ownership. X manager requested that the meeting be set up sometime after February 19, 2007. Staff is preparing a letter to the property owner to request for a meeting. Further, staff prepared a draft presevation easement and has forwarded to City Attorney for review. Staff will follow up to arrange such a meeting. SS#2 Potential Creation of the Four Corners Council of Governments Background • The City of Diamond Bar is currently a member of the San Gabriel Valley Council of Governments. Annual dues are approximately $16,000, with a dues increase expected in fiscal year 2007-2008. • In recent years, the primary focus of the SGVCOG has been to promote and secure funding for major transportation projects on the western side of the Valley, including the 710 tunnel project in the Pasadena area. The SGVCOG is made up of cities and Los Angeles County Supervisors only. • By doing so, advocacy for Four Corners projects like the 57/60 Interchange and 71 completion has been neglected. • To restore an active advocacy base for these projects, staff has been asked to explore the creation of a new stand-alone Council of Governments representing the Four Corners region. Four Corners COG • The Four Corners COG would serve as a vehicle for members to cooperatively raise awareness of and pursue solutions to regional affairs — including affordable housing, legislative advocacy, and transportation improvement projects. • This new organization would provide the Four Corners region with a seat on the policy committees of SLAG, which may open new doors to funding mechanisms for various regional projects in the Four Corners identified by the new COG. • The City Manager and Council Member Herrera have begun the process of gauging the interest of potential members, meeting with several legislators from surrounding cities and districts in LA, Orange, Riverside, and San Bernardino Counties. Response has been positive thus far. • Members may retain the option of actively participating in their current COG and the newly formed Four Corners COG. • However, additional research is needed to determine what the effects of membership in two COGS will have on those already holding seats on the SCAG Board and policy committees. • A newly created COG would be free to include cities, counties/supervisors, water and school districts, and other appropriate governmental agencies as provided to enhance collective regional influence. • If created, the Four Comers COG would be the first in the Southern California area to represent bodies from multiple counties. • The new COG can be created once two cities have joined forces, However, we have been informed the new COG will not be recognized with seats on SCAG policy committees until it represents a total population of 250,000 or more. • Tonight's study session is designed to serve as an introduction on this matter for the Council. We request the Council to direct staff to continue the exploration of this matter and bring it back for Council discussion and direction as a Council Consideration item on the May 15 agenda. Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 17, 2007 DRAFT STUDY SESSION: M/Tye called the Study Session to order at 6:05 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Everett, MPT/Tanaka and Mayor Tye. Absent: Council Member Herrera was excused. Also Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Ryan, McLean, Sr. Management Analyst; Anthony Jordan, Parks and Maintenance Superintendent; Alfredo Estevez, Desktop Support Technician, and Tommye Cribbins, City Clerk. ANIMAL CONTROL SERVICE FEES — DISCUSSION AND ACTION. CM/DeStefano explained that Council previously directed staff to examine the current fee rate structure for licensing animals and the City's contribution. He stated that staff is seeking feedback as to whether Council would wish to consider increasing licensing fees for dogs as well as licensing cats. SMA/McLean explained that the City has kept its fee schedule about the same for the past 10 or so years and Council's consideration is whether to increase the fees to offset the difference paid from the City's General Fund to cover the cost of the program. Another option would be to consider licensing cats. ACM/Doyle assured Council that past issues have been resolved and the gentlemen from the service have been very helpful and cooperative. Bill Harford, Executive Director, Inland Valley Humane Society, introduced Jim Edward the Operations Manager and Brian Sampson, Superintendent of Animal Services with IVHS. Mr. Harford stated that it was important for the Council to know that the cost of providing services to D.B. based on a shared cost environment with ten other communities throughout the Inland Valley amounts to $225,000 per year. Mr. Edward is responsible to generate as much of that as possible and of course, the service always falls some 50% short. IVHS would like to do as much as possible to capture as many user fee dollars as possible. The City has available to it 13 licensed inspectors. These staff members conduct license inspections; however, they have not been in the City for four or five years. IVHS would highly recommend that D.B. bring their fees up in order to have an equal comparison with other communities in the valley that utilize the full services of the IVHS. He said that his organization highly recommends that the City consider an increase to a $35/$15 fee schedule. APRIL 17, 2007 PAGE 2 CC STUDY SESSION Mr. Harford stated that at this time the organization now handles more cats than dogs in every city in the valley. Cat ownership has been ignored and the IVHS is trying to bring this concern to the forefront. IVHS realizes that it is a very difficult decision for some cities to adopt a cat -licensing ordinance; however, some cities have adopted the program. IVHS feels that it is important to get the word out about why it is as important for residents to license cats as it is to license dogs. Not only from a revenue standpoint but from the standpoint that there is a tremendous over population of cats within communities the IVHS needs to get the word out that cat owners need to be as responsible for their animals as they are for their dogs and to accept the same standard of care. Individuals should license, vaccinate, etc. to safeguard them from having to end up at a shelter. M/Tye asked why cat owners should get a pass? Mr. Harford felt they should not. But most political entities do not want to deal with the cat -owning public. M/Tye asked why the difference in cost for dogs and cats. Mr. Harford explained that there were different laws for dogs and cats. There is a no leash law for cats for example. Very few ordinances pertain to enforcement of cat -related laws. The IVHS is attempting to cover the costs of the City's sheltering cost for cats because the IVHS has to house cats for a minimum of five days which is the same for dogs. The two fees would give the City enough revenue cost to help some of the shelter costs. C/Tanaka asked how close the licensing of cats would get the City to its goal. Mr. Harford responded that for the first two years it would not get the City close at all because the first couple of years would consist of providing education and re- education for the public. However, the revenue will pick up as the IVHS does more canvassing. The result in both Laverne and Pomona has been that once IVHS does more door-to-door canvassing the license revenue increases for cats. People are not going to fill out an application until they are mandated to do so through enforcement. Following discussion and deliberation, Council Members unanimously concurred to direct staff to prepare documents to increase the licensing fee for dogs and include licensing of cats. PUBLIC COMMENTS: None APRIL 17, 2007 PAGE 3 CC STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:32 p.m. FOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of STEVE TYE, Mayor , 2007. Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 17, 2007 DRAFT 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 ► Government Code Section 54956.9(a) - Pending Litigation — People of the State of California v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 STUDY SESSION: 6:05 p.m., Room CC -8 ► Animal Control Service Fees — Discussion and Action ► Canary Island Pine Trees - Tree Replacement Program — Discussion and Action continued to May 1, 2007. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:45 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during the Closed Session Council discussed status of the Scribbles litigation and the City's current escrow for purchase of the Reed Property. Council directed the City's Negotiator regarding the Reed Property and took no action regarding Scribbles. CM/DeStefano report that during the public Study Session following the Closed Session Council discussed the possibility of increasing licensing fees for dogs within the community and discussed consideration of licensing cats. Council concurred to direct staff to prepare budgetary documents to be considered later this year in preparation for the July 1 budget. PLEDGE OF ALLEGIANCE: Allen Wilson led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education Center, gave the invocation. ROLL CALL: Council Members Chang, Everett, Mayor Pro Tem Tanaka, and Mayor Tye. Council Member Herrera was excused. APRIL 17, 2007 PAGE 2 CITY COUNCIL Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Ryan McLean, Sr. Management Analyst; Lauren Hidalgo, PI Specialist; Alfredo Estevez, IS Tech; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Submitted. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye proclaimed April 15 through 21, 2007 National Library Week and presented a Proclamation to Irene Wang, Librarian, Diamond Bar Library. Ms. Wang thanked the City and the Friend of the Library for their continuing support. Ms. Wang introduced the new Teen and Reference Librarian, for the Diamond Bar Library. 1.2 MPT/Tanaka proclaimed April 2007 as Earthquake Preparedness Month. M/Tye announced that it would be mailed to the County. BUSINESS OF THE MONTH 1.3 M/Tye presented a City Tile to Ghazala Khan, owner of GK & Associates as Business of the Month for April 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Farben Drive Group Home Update CM/DeStefano reported that due to staff becoming aware recently of numerous requests for law enforcement services at the group home on Farben Dr. and activities occurring within and adjacent to the home by the occupants, staff has made numerous contacts with the State of California, the licensing operator for the facility; the County of San Bernardino, the placement for the children housed at the facility; and Los Angeles County in order to generate a positive response to the issues of the group home. He was pleased to report that staff had received very favorable comments and a significant amount of support from the State's licensing operation in Monterey Park. The State has assured staff that they are looking into the matter by reviewing the situation and has promised the City that there will be answers provided within 7 to 10 days. If the State believes corrective action is necessary it will provide the City with a copy of its corrective action plan. The County of San Bernardino has been less responsive but through the office of Supervisor Ovitt staff has been able to get inroads into the County system to gain attention about this issue. Los Angeles County does not have direct authority over this particular group home even though it is within Los Angeles County. Los Angeles County has been very helpful in APRIL 17, 2007 PAGE 3 CITY COUNCIL leading the City to the proper individuals within San Bernardino County and has had experience with this particular group home operator because this group home operator has other group home facilities within Los Angeles County. Staff has received communication from Captain Kwan, D.B./Walnut Sheriff's station that indicates the unnecessary calls for service as a result of the problems identified. The City has also received a great deal of assistance from Jennifer Vitoli from Assemblyman Huff's office. When Assemblyman Huff served as a D.B. Council Member he had concerns regarding the appropriate oversight for these types of facilities within the community. Staff understands there has been a change in the nature of children located at the Farben group home and that a problem child that might have been the cause of some of the issues and calls for service has been relocated to another site. The City has concerns about the overall general oversight, supervision, training, expertise of the management, etc. and those issues are being looked at by the State. CM/DeStefano commented on pending legislation that may result in more local control on these types of facilities. Staff will discuss the pending measures at the May 1, 2007 meeting and staff will be recommending Council support of the measures. 2.2 "Envision Diamond Bar" Open House CM/DeStefano explained that in the early 90's the City and its residents came together for a variety of discussion sessions to talk about the future of the City of D.B. Shortly after incorporation, D.B. inherited a requirement to adopt a citywide Master Plan know as the City's General Plan. The General Plan was adopted in 1995. Thereafter the City adopted a comprehensive Parks and Recreation Master Plan. Shortly after that in 1998 the City adopted a Trails Master Plan. Throughout the years the City has implemented the goals of the General Plan with Capital Improvement Programs, with transportation policy initiatives, land use decisions and a wide variety of other implementation techniques. Many of the goals and objectives outlined within the documents have been met. What the City in 1995 envisioned as the future has either come to fruition or needs to be polished as D.B. looks forward to its next 15-20 years. Therefore, the City is commencing a process of engaging the community in a collaborative effort to update those documents. Traffic congestion remains. There has not been a lot of development in the community while surrounding communities continue to develop which has presented the City with many more traffic problems. Regional transportation solutions are available and staff wants to talk with residents about those opportunities and how the City could participate to solve regional transportation problems. He outlined the discussion opportunities. Staff wishes to launch its first in a series of "Envision Diamond Bar" on Saturday, April 21 from 10:00 a.m. to 4:00 p.m. at the SCAQMD/Government Center in three or four sessions that is open to public discussion. CM/DeStefano asked for public participation to help be a part of Diamond Bar's future. APRIL 17, 2007 PAGE 4 CITY COUNCIL 3. PUBLIC COMMENTS: Mercedes Garrett, 21030 Chirping Sparrow Rd. said her son was a member of D.B.H.S. and is an active band member who has participated in the last four Rose Bowls. Recently, her son sought to combine with other individuals and created "Diamond Bar Herald Trumpet" group. Her son's group sought to participate in the Diamond Bar Birthday Celebration and was told that his group must be non-profit to obtain a booth and the application was denied. The Chamber of Commerce told her that in order for his group to participate they would have to pay $300; however, there was no room for the group. She returned to the City to ask if she could obtain a craft booth for the group to show their instruments, to show the instruments and give a video presentation of their performances. She was denied the right to obtain a craft booth. She again called the City to ask if it was possible for her son's group to perform and she was told that was not possible. She requested that the City reconsider its decision. Gloria Furuken, 21010 Cool Springs Dr. said her son was also a member of the Diamond Bar Herald Trumpet group and because of the City's restrictions his group will not have the opportunity to pass out information about the group during the City's Birthday Celebration. The parents would like to recommend that the City Council invite elementary, middle and high school students to participate in as many City functions as possible to showcase their talents. There are many talented youth that would draw a larger group to the City's Birthday Celebration or some other type of celebration where they would be allowed to participate. Gavin Furuken said he has served as a parade drum major for the past two years and has been in the wind symphony at D.B.H.S. for two years. He hopes to major in music. He is the conductor for the D.B. Herald Trumpet group. He requested, on behalf of the group, that the City allow the group to apply for and obtain a booth in order to showcase what the group does. The D.B. Herald Trumpet is a small business that hopes to grow. Glenn Garrett stated that he was the founder and owner of the "D.B. Herald Trumpets," a group he formed in December 2006. Since that time the group has grown from three Herald trumpets to over six plus a snare drum. The group incorporates members from Walnut, Chino, Chino Hills and D.B. He asked that the City reconsiderthe group's proposal to obtain a booth and/or granting the group the right to play either walking around or on stage during the City's Birthday Celebration. Kathy Nolan, 23463 Wagon Trail Rd., on behalf of the DBIA, announced that her organization was sponsoring the Car Show at the City Birthday Celebration and asked everyone to participate, either as car owners or observers. She extended a special invitation to the City Council to participate in the awards portion of the ceremony. This year's show is being held in honor of Bob Zirbes, founder and past president of the car show. In addition to the usual awards, there is a special "Mayor's Choice Award" this year. APRIL 17, 2007 PAGE 5 CITY COUNCIL 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano asked that CSD/Rose get together after tonight's meeting with The Herald Trumpeters to see if the City could arrange a possible accommodation based on the schedule of events. If not, the City would look forward to working with the group next year. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Envision Diamond Bar Open House — April 21, 2007 — 10:00 a.m. — 4:00 p.m., SCAQMD/Government Center, GB Room, 21865 Copley Drive. 5.2 City's 18th Birthday Celebration — Sunday, April 22, 2007 —11:00 a.m. to 5:00 p.m., Pantera Park, 738 Pantera Drive. 5.3 Diamond Bar Library closed for renovations — April 23 through May 5, 2007, 5.4 Crestline and Diamond Canyon Annexation Open House — April 23, 2007 — 7:00 p.m., Diamond Canyon Christian Church, 3338 Diamond Canyon Road. 5.5 Planning Commission Meeting — April 24, 2007 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.6 Parks and Recreation Commission Meeting — April 26, 2007 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.7 Arbor Day Celebration — April 27, 2007, 10:00 a.m. - Pantera Elementary School, 801 Pantera Drive, 5.8 City Council Meeting — May 1, 2007 — 6:30 p.m., SCAQMD/Government Center Auditorium. 6. CONSENT CALENDAR: C/Chang moved, C/Everett seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 6.1 CITY COUNCIL MINUTES 6.1.1 STUDY SESSION OF APRIL 3, 2007 —Approved as submitted. 6.1.2 REGULAR MEETING OF APRIL 3, 2007 —Approved as submitted 6.2 RATIFIED CHECK REGISTER CONSISTING OF CHECKS DATED MARCH 29 THROUGH APRIL 11, 2007 — in the amount of $1,725,900.59. APRIL 17, 2007 PAGE 6 CITY COUNCIL 6.3 AMENDED DESIGN SERVICES CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE 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 TOTAL AUTHORIZATION OF $31,947. 6.4 APPROVED NOTICE OF COMPLETION FOR THE GRAND AVENUE STREET IMPROVEMENT (BEAUTIFICATION/BETTERMENT) PROJECT— PHASE 1 FROM STATE ROUTE 57/60 TO 470 FEET WEST OF CAHILL DRIVE. 6.5 ADOPTED RESOLUTION NO. 2007-25: AUTHORIZING THE CITY MANAGER TO APPLY FOR ALL AVAILABLE HOUSEHOLD HAZARDOUS WASTE AND USED OIL RECYCLING GRANTS OFFERED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, 6.6 ADOPTED RESOLUTION NO. 2007-26: 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. 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. ACM/Doyle reported that the item before the Council was a recommendation to award a contract to Templeton Planning Group for creation of an environmental impact report for potential development of the golf facility. Over the years residents have indicated their interest in having more retail, dining and recreational opportunities in the City. As staff looks for recreational opportunities staff has begun looking toward the reuse of the existing D.B. Golf Course for such uses. While no decision has been made staff believes it is appropriate to begin the EIR process to evaluate the use of the site. Through discussions with the owner, LA County, staff learned that in order to gain access to the site for other potential purposes the City would need to build a new golf course. This EIR will analyze potential use of the existing golf course and development of a new golf course at some other location. Staff is recommending approval with a 15% contingency for a total authorization of $457,672. He reiterated that no decisions have been made APRIL 17, 2007 PAGE 7 CITY COUNCIL with respect to the current golf course — this is exploration of possible use of the site. Staff will hold further discussions with community members as the City proceeds through this process. C/Everett asked the rationale for a 15 percent contingency. He said he would be comfortable with a 10 percent contingency. DCM/Doyle responded that based on historical experiences 15 percent was staff's best estimate as well as, recognizing that this is a very large EIR that deals with multiple sites. Typically, the City authorizes a 10 percent contingency. However, due to the magnitude of the project that includes different large sites staff felt that a 15 percent contingency was appropriate and would be approved only at the specific direction of the City Manager. Martin Pastucha, 22402 Robin Oaks Terrace, felt this was one piece of an overall package for development of the community. He understood that this was an exploratory issue but to spend $450,000 was to him a little far fetched. Generally, an EIR is done upon completion of a more formal proposal. Secondly, he was concerned that there would be ample opportunity for public outreach and participation in this decision process. Lori Pastucha, 22402 Robin Oaks Terrace, felt that the City was being encroached upon by too much development and she saw this matter as one more development project. Also, it appeared to her that the City had already made a decision. She felt the golf course was an excellent buffer for this community and that this matter was being moved forward faster than it should be because the open house on Saturday would be the place for a matter such as this to be discussed before moving forward. Allen Wilson said he was very concerned about the timing of the EIR. The market knows what the site will bear. The taxpayers should not have to pay for an EIR on the golf course site and wondered whether the taxpayers paid for an EIR on the Target site? This is an expensive EIR and felt it would open Pandora's box on other developments in the City. Has the City filled all of its shopping centers? Other sites should be considered. The golf course is the only buffer D.B. has between itself and the City of Industry. He lives across from the D.B. golf course and his quality of life is more important than having more retail on the site. He hoped the City would be very careful about what would be done with this report and he felt that a private entity should put their money toward this project rather than have the City take the money from the taxpayer's pockets. Larry Smith, 22536 Ridgeline Rd., applauded the City Council for having the vision to move forward on this matter which has been discussed over the years numerous times. He has played golf at the D.B. golf course, which was built before the freeway was built. Playing golf next to a freeway is not ideal and having a new modern golf course in the hills could be very exciting. In driving around Southern California it is obvious that retail businesses thrive APRIL 17, 2007 PAGE 8 CITY COUNCIL when located on freeways. In his opinion, the City needs to move forward on this matter. C/Chang felt that this matterwould result in a lot of attention and folks would feel that these changes might be too huge. However, the City has been talking about this concept for several years. The only reason the City thought about doing this was because it had been approached by entities that wanted to develop the golf course. The City understands the importance of the golf course location and its position is that it needs to protect the best interest of the residents. Rather than allow developers to decide what to do with the property this is a proactive method for the City to make decisions concerning the site. C/Chang said that unlike Walnut, Pomona, Brea and other cities D.B. does not have redevelopment funds and the City has no way to help property owners revitalize their shopping centers. C/Everett responded to Mr. Smith that with respect to this location and the City, opportunities are limited and this is a unique situation because the property is owned and controlled by the County of Los Angeles. It is also a good opportunity for D.B. to determine what opportunities are available. The EIR proposal is serious work. With respect to public interaction, task #2 identified in the proposal by the contractor is a "public scoping meeting." This Saturday offers another opportunity. This matter is an ongoing effort that requires a great deal of attention and dialogue. He encouraged feedback from residents. If the Council decides to move forward with the EIR it should be an all-inclusive piece of work. He is also concerned about the potential income and has earnestly listened to staff wrestle with ideas for potential opportunities for the kind of development requested and demanded by residents. This location offers an opportunity to respond to those requests and demands and still protect the quality of life with input from all interested parties. CA/Jenkins responded to Mr. and Mrs. Pastucha supplementing comments made by both Council Member Chang and Council Member Everett. Mr. Pastucha raised the point that the Environmental Impact Report process should come later in the process after some initial feasibility studies and after whatever project was more fully fleshed out. Mrs. Pastucha made the point that by moving forward with an EIR now it seemed to her that the City was pre -committed to a decision and that this was a sham suggesting also that the City, while complying with the law, technically was not complying with the spirit of the law. This raises an interesting issue, one that has been the subject of two recent published Court of Appeal decisions in California, which involves the question of timing of an Environmental Impact Report in connection with a project in which a public agency is involved. CA/Jenkins said he knows a bit about the subject because he is lead counsel in one of those cases. What is interesting is that typically the opponents of a project ordinarily are making the exact opposite argument made by the Pastucha's tonight. The contention is that the EIR came "too late" in the process and that as a consequence of coming too late, the project was formulated without APRIL 17, 2007 PAGE 9 CITY COUNCIL the benefit of the environmental information and without a full understanding of the environmental consequences of the project. And that, as a consequence of it coming too late the environmental analysis was, in fact, a "rubber stamp." And so that is the exact opposite of the argument that was made tonight. And while it is not possible tonight for CA/Jenkins to tell the Council that an EIR must be completed because in the case that he is handling on behalf of another city he represents, they are contending that the EIR could legally come later on in the process. The City Council could not, under any circumstances, be criticized for performing an EIR as early in the process as is being contemplated now. And the reason for that is, under CEQA it is the most prudent thing that a Council could do to commence the EIR process in order to gather the environmental information and be informed of the environmental consequences of its actions before any project gets too far along. He reiterated that it was not necessarily that the City would legally have to do the EIR now. But he was saying that the Council could not be criticized under the law for doing the EIR at this earliest stage. And in fact, this is a very prudent thing to do because it is the very argument that many people could make later on and would make later on if the Council did not start the process soon enough. CA/Jenkins said that his feeling was, based on law as he knows it, while there is a range of time that an entity could not be, under the law, criticized for starting it as early in the process as at this time. And this will give all people in the community regardless of their point of view and regardless of where they come down on this issue an opportunity to participate in the CEQA process, which is a process that is an outreach process and invites comments about the environmental consequences of a City's actions. Ultimately, that is what this process is about. MPT/Tanaka said he too was concerned about the entire project and believed that the Environmental Impact study allowed for both pro and con input and he believed it was good to move forward to allow time for adequate input. He believed that he and his colleagues were operating as openly and as transparently as possible and were inviting public comments and were open to considering all input. M/Tye agreed that this process was about as public and transparent as the Council could be. This is the place where changes are made and this is why individuals are encouraged to come forward and address their Council with their views and concerns. M/Tye said there is no deal and the deal is not done. He asked CM/DeStefano if there was a problem with bringing this item back on May 1 so that the public and the City has an opportunity to dialogue during the Saturday Envisioning Open House and CM/DeStefano responded that there was no problem at all. M/Tye asked his colleagues to consider bringing the matter back in two weeks so that the public could be heard. C/Everett moved, MPT/Tanaka seconded to continue Item 8.1 to the May 1, 2007 meeting to allow time for public input and dialogue at the Saturday Envisioning Open House. APRIL 17, 2007 PAGE 10 CITY COUNCIL M/Tye thanked C/Chang for reminding everyone that this is a process. He enumerated the many positive changes in D.B. and reiterated that this is a dynamic process to figure out the right thing for D.B. and he wants to make decisions only after having all of the facts despite what others and those outside the border of the City would have residents believe. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera RECESSED TO REDEVELOPMENT AGENCY ANNUAL MEETING: M/Tye recessed the Regular City Council Meeting to the Redevelopment Agency Meeting at 8:18 p.m. RECONVENED CITY COUNCIL MEETING: M/Tye reconvened the Regular City Council Meeting from the Public Finance Authority Meeting at 8:23 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said he had attended many meetings and events during the past two weeks. He spoke about the wonderful Easter Egg Hunt enjoyed by thousands of young people with MPT/Tanaka and the Lions Club hosting the event and with great backup from the City staff and the volunteers. He applauded the Wine Soiree hosted by the Friends of the Library. It too was a wonderful event that raised money to support the library. He advised the Council that he would be out of town during the City's Birthday Celebration. He talked about the tragedy at Virginia Tech. He and C/Chang's family extended their profound condolences to all of the victims, their families, the students, staff and the campus. C/Everett spoke about the Easter Egg Hunt and how special the celebration was for the kids. He thanked MPT/Tanaka, his wife Wanda, the team from the Lions Club, CSD/Rose and his staff as well as a number of sponsors that attended. He thanked CM/DeStefano and staff for providing a timely follow up to the community on the Farben Dr. group home. He encouraged individuals to immediately call staff or a Council Member when they encounter problems in their neighborhoods — please do not wait for a Council meeting. He also encouraged everyone to participate in the Envision Open House, the City Birthday Party and Arbor Day. He said he and his wife were very grieved about the activities at Virginia Tech and although those activities missed them directly, they are directly affected. APRIL 17, 2007 PAGE 11 CITY COUNCIL MPT/Tanaka stated that on April 4 he attended the WCCA meeting; he thanked C/Everett and M/Tye and CM/DeStefano for attending the League of California Cities LA County Division meeting on Thursday, April 5; on Saturday he attended the Easter Egg Hunt hosted by the D.B. Breakfast Lions Club and the City of D.B. He thanked President Wanda Tanaka for organizing the Lions and getting all of the volunteers together including the two Leo Clubs, one from Chaparral Middle School and one from D.B.H.S. Staff has done a wonderful job co -hosting the event during the past 24 years. He also thanked the Y's Men for providing the breakfast and Miss D.B. and her court for their attendance and help selling raffle tickets; on Thursday, April 12 he attended the Southern California Gas Company's 6th Annual Municipal Green Building Conference and Expo; on Saturday April 14 he attended the Earth Day Celebration hosted by the Sanitation District; On Sunday he attended the Wine Soiree; yesterday afternoon he attended the SC Edison open house regarding the Tehachapee renewable transmission project; he thanked the D.B.H.S. students that remained through tonight's meeting. M/Tye thanked Lt. Maxey and his colleagues in the Sheriff's Department for finding another marihuana house. He reiterated that everyone is invited to help plan the future of D.B. The reason he reiterates this is because the Hills for Everyone group has sent out an email indicating that the golf course matter is something sneaky. The email was sent out to every resident of D.B. and the City hopes to see everyone at the open house. Remember when the Hills for Everyone said last December that backroom deals were being cut and the Council was being sneaky and doing things the public didn't know about? This process is about as open and transparent as a City can get. Now the complaint from the Hills for Everyone is "oh my goodness -that went out just nine days before the meeting is scheduled". How do they expect people to make plans? Don't they know that people have other plans for nine days away — for more than a week away?" So, if the City sends the notice out too soon — M/Tye asked if folks remembered that so often the public says they did not get the postcard about the Neighborhood Traffic Management Program meetings. This is as public as the City can get. Postcards were sent to everyone. It is a topic of conversation this evening. If the announcement had been sent out a month ago Hills for Everyone would complain that notice was sent too soon and it would be lost. In this case, notice has gone out more than a week ahead of the open house. By the way, if someone is watching the City Council meeting on Saturday, please turn off the TV and go down to the AQMD/Government Center building and participate in the open house. The objective of Hills for Everyone is self-serving and not in the best interest of D.B. Hills for Everyone doesn't care about D.B. and just wants people to believe something underhanded is taking place when that is as far from the truth as it can be. M/Tye said the Easter Egg Hunt was terrific. He saw a recap of it. CSD/Rose said the event started at 10:00 a.m. and was over by 10:05 a.m. M/Tye felt that might be a stretch and that it was over by about 10:02 and 1/2. MPT/Tanaka and his wife Wanda have assisted with this event for the past 24 years and are to be congratulated for their effort. The 14th Annual Friends of the Library APRIL 17, 2007 PAGE 12 CITY COUNCIL Wine Soiree was a terrific success and congratulations to Nancy Lyons, Tony Torng and Rick Rogers who co-chaired the event. He thanked CM/DeStefano and CDD/Fong for pouring wine and participating on behalf of and for the community. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 8:43 p.m. in honor of the tragedy at the Virginia Tech Campus, the 33 individuals who were killed and all who were affected. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this STEVE TYE, MAYOR day of , 2007. Agenda No. 6.2(a) MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION FEBRUARY 27, 2007 CALL TO ORDER: Chairman Nelson called the Study Session to order at 6:02 p.m. in Conference Room CC -8, South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765. ROLL CALL: Present: Commissioners Kwang Ho Lee; Kathleen Nolan; Osman Wei; Vice Chairman Tony Torng; and Chairman Steve Nelson Also present: James DeStefano, City Manager; Nancy Fong, Community Development Director; Gregg Kovacevich, Assistant City Attorney; and Stella Marquez, Senior Administrative Assistant. 1. PUBLIC COMMENTS: None Offered. 2. POWER POINT PRESENTATION BY CITY MANAGER DESTEFANO REGARDING FUTURE ANNEXATION DEVELOPMENT PROPOSALS. CM/DeStefano talked about property acquisitions, possible annexation of some of those properties and Diamond Bar's receipt of an application to develop the acreage between Diamond Bar and Brea on property known as the Aera Energy property. CM/DeStefano referred to the large vacant acreage between the southerly portion of Diamond Bar and the northerly portion of the City of Brea. On the map the graphic in yellow is the entirety of the Aera Energy property holdings, about 3,000 acres. The yellow line on the east side of the SR57 is about 300 acres owned by Aera and lies within the City of Diamond Bar's sphere of influence. The yellow area on the west side of the SR57 is about 2700 acres with the greater portion lying within Los Angeles County. About 300-400 acres lies within Orange County and is intended to become a part of the future jurisdiction of the City of Brea. CM/DeStefano stated that Diamond Bar has some involvement in Areas 1, 2 and 3 shown on the graphic. Area 1 is the Crestline 150 acre area is currently in the City of Walnut and the homeowners are interested in incorporating into the City of Diamond Bar and the City is pursuing annexation. Area 2 is property currently owned by the City of Industry, is comprised of about 110 vacant acres and Diamond Bar is in escrow for the purchase of the property. Area 3 is known as the Reed property - it is outside of the City limits of Diamond Bar and includes about 170 acres. Diamond Bar entered into escrow to purchase Area 3 in May 2006. The interest in the Reed and Industry property is a direct result of the City's interest in relocating the Diamond Bar (Los Angeles County owned) Golf Course to another location as a tie-in to the Aera Energy development. FEBRUARY 27, 2007 PAGE 2 PLANNING COMMISSION STUDY SESSION CM/DeStefano explained that the reason the City is interested in the Aera Energy property, Reed property and City of Industry property is for a potential site to relocate the existing Diamond Bar Golf Course that sits at the confluence of the SR57/60 and experiences 350,000 vehicle trips per day. The current site has the potential to serve as a much better amenity to Diamond Bar than it does as an open space recreational use and the City Council has authorized staff to look at possibilities including retail, restaurants, housing, office use, etc. For example, a comparison would be the Irvine Spectrum and Victoria Gardens in Rancho Cucamonga, which include these types of amenities. In short, the current golf course site could be converted to a more intensive use with amenities that would meet the community needs and provide long-term revenue and jobs. In order to develop the property Diamond Bar would need to structure a deal with the property owner to relocate the golf course within its current jurisdiction. The Diamond Bar golf course is 170 acres. The Reed property is 170 acres. However, the difference is that the Diamond Bar golf course is flat and the Reed property includes steep undulating hills and a 170- acre flat golf course would require at least 250 acres of hillside property. The Reed property would not accommodate a comparable golf course. The City of Industry property came to the City's attention for use in creating a golf course so the City pursued its purchase. The missing link is the property shown below the line on Aera Energy, which would supply the link to meet the requirement of Los Angeles County. Access to the golf course would be via Brea Canyon Road and there would be no access point to Pathfinder Road and there is no housing proposed around the golf course. The communities adjacent to the site in Rowland Heights do not want to see any more housing in their area and respecting their wishes the City of Diamond Bar does not propose any housing surrounding the golf course holes along with no access via Pathfinder Road. Aera proposes a project within their 3,000 acres that would be comprised of a variety of amenities. Aera recently brought an application to the City's attention to annex and develop a portion of its propertywithin the future jurisdiction of Diamond Bar. Generally, everything east and west of the SR57 north of the blue line is the area Aera is interested in developing in Diamond Bar. This acreage is not currently a part of Diamond Bar's sphere of influence. In order for Diamond Bar to incorporate this acreage let alone give serious consideration to a development proposal, several things would have to happen. Much like the Crestline property but on a larger scale with the Aera Energy property, Diamond Bar needs to make formal application to the Local Agency Formation Commission (LAFCO), the entity that determines locations of municipal boundaries, in order to take this area under consideration. In 2005 LAFCO thought that the future of this acreage should be a part of Diamond Bar and made preliminary findings along that line well before Aera Energy applied to do anything. The Planning Commission would take part in the application process and would be a part of future General Plan applications, zoning applications, specific plans for development, considering land uses, roadway FEBRUARY 27, 2007 PAGE 3 PLANNING COMMISSION STUDY SESSION networks, etc., and Diamond Bar is being asked to do all of these things as a result of Aera's application. Aera is looking at all of its acreage for future potential usage. The developer has shown Diamond Bar "bubble" maps that identify their interest in a residential community, a commercial development in Diamond Bar (red near Brea Canyon Road), a mixed-use area in Brea/Orange County (pink), and open spaces, some of which are proposed to remain unused native virgin land, some reconstituted acreage from cleaning up oil fields, some manmade and so forth. The idea is for the open space to retain an environmental corridor that is believed to exist between the 605 Freeway in Whittier and the Cleveland National Forest. Environmentalists believe that this piece is important to maintaining the wildlife corridor so the developer is looking to preserve about 50 percent in open space to allow animals to traverse the corridor. The developer is proposing that within Diamond Bar that there be 2800 homes, about a 20 -acre retail oriented commercial and open spaces. Also within the Diamond Bar portion would be the complimentary public facilities (schools, fire stations, water and sewer facilities, etc.) Aera proposes primarily open spaces in the Orange County portion with some residential (close to Berry Street in the City of Brea) and mixed-use higher density residential and offices. On the Harbor Boulevard side the developer is proposing a couple pockets of residential with the brighter green area proposed for athletic facilities for the La Habra and La Habra Heights side of the project. The road network creates one gigantic loop on Brea Canyon Road and no connection whatsoever to Harbor Boulevard. An earlier discussion proposed a direct link between Harbor Boulevard and Brea Canyon Road and that has since been dismissed by the developer because there was a great deal of surrounding community concerns about the traffic impacts and primarily the traffic impacts on Harbor Boulevard that would affect Rowland Heights, La Habra and communities on the west side of the project. The majority of the traffic impacts of this project would be on Brea Canyon Road and affect the cities of Diamond Bar and Brea. The result is a substantial number of trips per day that would be added to the immediately adjacent roadway networks — predominately Brea Canyon Road, for which the details of the impacts to Diamond Bar are not known. Based on typical data for these kinds of roadways it would likely result in an additional 25,000 to 30,000 trips per day. These impacts would likely require widening of Brea Canyon Road south of Diamond Bar's current City limits and extending it at least to the Orange County line and possibly into Brea to connect to the widened Brea Canyon Road at Central Avenue in Brea. CM/DeStefano showed a rough drawing that indicated the proposed boundary line of the area for the Diamond Bar portion. The area is not proposed to have any connection to Pathfinder Road and does not have any physical association with the future community of Rowland Heights and it is therefore proposed to become a part of the City of Diamond Bar at some point in the future in conjunction with the LAFCO proposal and the developer's current proposal. PLANNING FEBRUARY 27, 2007 PAGE 4 S UDY SE SSIMISSION Aera Energy has asked Diamond Bar to annex the property and entitle the property within the jurisdiction of Diamond Bar. December 19, 2006, the City Council made one decision of many that will have to be made over the next couple of years. The decision the City Council made on December 19 was to enter into a Pre -Annexation Agreement with Aera Energy that is simply a foundational document that says Diamond Bar will take a look at the project, give it due consideration and make decisions over time. There are EIR's that need to be completed, fiscal impact studies that need to be undertaken and completed and a wide variety of things that have to be done before Diamond Bar gives any consideration toward this project. The City will be considering this project just as it does other projects that come to the City by presenting it to the Planning Commission and City Council for final decision-making. This is a large effort. The developer is looking at roughly 1900 acres of the 3,000 acres coming into Diamond Bar. The developer has been working with the Rowland Unified School District and their boundaries are mapped by LAFCO. The vacant acreage is within that school district and if the project proceeds, RUSD may be interested in building one K through 8 School. This acreage is also within the jurisdiction of the Rowland Water District and not the Walnut Valley Municipal Water District that serves Diamond Bar. Sewer, etc., would either come from Los Angeles County District No. 21 or from Brea. Fire would be Los Angeles County. The project is of sufficient size that it would require its own fire station. The County of Los Angeles would provide sheriffs services, even though the area is technically within the Industry station jurisdiction. If Diamond Bar pursues the effort it would have the jurisdictional boundary change from the Industry station for reporting purposes to the Walnut/Diamond Bar station. There does not appear to be a need for a sheriffs substation. The project would be required to meet all of Diamond Bar's standards at a bare minimum, which means that it would have parks and open spaces absent whatever the developer proposed to set aside. This acreage is within Ecological Area #15 that except for Chair/Nelson, the Commissioners are unfamiliarwith. In the late 70's and early 80's the County of Los Angeles mapped out 62 areas throughout the County setting those areas aside as having some varying levels of environmental significance, and this was one such area (Area #15). The area fundamentally stretches from the boundary of the orange bubble up into Diamond Bar's jurisdiction close to where JCC built homes during the past 10 to 15 years at the backside of "The Country Estates." Diamond Bar used to have an advisory committee that looked at projects within the SEA and advised the Planning Commission. Chair/Nelson was involved in the original mapping of the 62 areas and was an original member of Diamond Bar's Significant Ecological Area Technical Advisory Committee. Diamond Bar ended the service of SEATAC about 1999-2000 because there were no more properties that required the committee's oversight within Diamond Bar. This property is within the unincorporated area of Los Angeles County and still within SEA#15. The reason FEBRUARY 27, 2007 PAGE 5 PLANNING COMMISSION STUDY SESSION the SEA was created for this area was due to the extensive existing oak and walnut woodlands, the resource deemed to be of significance. It does not mean that development is not permitted in these areas, only that entities must pay much closer attention to the environmental quality that exists and work in ways to protect those qualities. Los Angeles County has a SEATAC and looked at the property while it was being pursued under the jurisdiction of LA County. LA County's SEATAC disapproved the project because they were not convinced that it faithfully responded to the issues within the area. SEATAC is an environmentally oriented body that often recommends denial of project, often shapes projects to the County Planning Commission and in the old days to the City's Planning Commission, and their interests are carefully considered because they look at the environmental quality and how the project would ultimately affect the environmental quality. CM/DeStefano said that the City has not gotten very far into any of this proposal. Staff is looking at hiring an environmental consultant to oversee the creation of an EIR. The developer has prepared environmental studies, traffic reports, etc., which the City has not yet received. The City needs all of those documents so that they can be reviewed by its environmental consultant to determine whether or not they meet the test for flora and fauna studies, accurate studies, respond to the City's issues (acceptable traffic standards) and the consultant working through the City will cause the environmental documentation to be revised, corrected and put into a form acceptable to Diamond Bar for distribution to the general public and public agencies. At some point Diamond Bar will look at General Plan amendments, zone changes and the development of a specific plan for the entire area. CM/DeStefano said that while the developer has spent several years working on this project it is still a bubble map and he expects that Diamond Bar will want changes to what the developer has proposed, not unlike other projects the Commission has seen over the years and will see in future years. He expected that a project of this magnitude would be molded and shaped by the Planning staff as it is brought forward. CM/DeStefano said the environmental review would take at least the rest of 2007 and would probably not come before the Planning Commission for at least a year. There are a variety of decisions that need to be made that are not likely to be made for at least a year and possibly over the next couple of years. The LAFCO decisions are good for 18 months to two years and they take a long time to complete. Because this is a large area not currently within the City's sphere of influence, Diamond Bar needs to negotiate with Los Angeles County to bring this property into the City. There are dozens of things that need to be done, some of which can run concurrently, some of which will run consecutively. The decisions Diamond Bar needs to make are not months away, they are a year or more away and the Planning Commission will be hearing a lot about this matter as the City responds to a developer's inquiry. This project overlaps with the golf course development because there is an opportunity to capture a portion of the property for FEBRUARY 27, 2007 PAGE 6 PLANNING COMMISSION STUDY SESSION the golf course development interests. And that is part of the negotiation that has started with the Aera Energy developer. This developer is proposing 2800 homes, etc., and in exchange Diamond Bar would expect to receive something in return for entitling this type of project. The City has started an inquiry about what might be appropriate for Diamond Bar to receive in exchange for granting entitlement. And Diamond Bar has done that before. Diamond Bar approved 129 homes for the Diamond Crest project built by Pulte Homes and received in exchange through negotiations, 360 acres of public open space and $1.5 million to use toward public purposes as well as a variety of other things. In exchange for the JCC 99 homes project on 12 acres, 18 acres or so will be set aside as open space and there will be a new public park. JCC will likely contribute in excess of $1.5 million to the community of Diamond Bar. What is this developer granting the City of Diamond Bar in exchange for Diamond Bar entitling the property? So far, not much and as the City's Manager, he is compiling a list of things that he believes should be considered within this project. The City Council and the Planning Commission have not yet weighed in on that premise but he believed that the City should be looking at amenities that would benefit the entirety of Diamond Bar, not just the new group of homes and the 10-12,000 people that might live in the area in the future. As an example, he has been discussing a community sports park with this developer for many months. A sports task force Chaired by Council Member Zirbes identified a need for soccer fields, ball fields and other amenities in a sports park. There are a variety of youth and sports organizations that talk about the need for more facilities and staff has looked at a couple of tiny pieces of property to accommodate such a project. From the City Manager's perspective there is an opportunity for this developer to provide that amenity for the entirety of Diamond Bar and it is an item that is on his list. He said he believed the open spaces should be expanded and that they should be publicly held or owned by some form of a conservancy so that they are not privately held open spaces but publicly held open spaces for their permanent protection. He believed the commercial center should be bigger to promote more of an economic incentive for Diamond Bar to consider such a project as opposed to just considering up to 2800 homes. It could be five, seven or 10 years before any homes are built should the project be approved and probably 15 to 20 years before the project is completed. This property should be considered to embrace what the area believes it will be technologically 10-15-20 years from now. Why should this project not be a completely wireless community? Why would it not embrace a sustainable living environment, why would it not embrace green technologies? What will the community of Diamond Bar receive for benefit of a developer of such a project? This process is not unlike what is done for other projects in the City— however, this project has a long way to go and it most certainly will not be completed in a couple of months and it is most certainly not a "done deal" at this point. The developer has been looking at this project for many years. Diamond Bar has been talking about this project for only the past couple of months and there is a long way to go. FEBRUARY 27, 2007 PAGE 7 PLANNING COMMISSION STUDY SESSION CM/DeStefano responded to VC/Torng that the golf course design at the proposed new location was developed as a result of the availability of land that provided a somewhat more favorable area for such a development. The property on both sides of the SR57 is very hilly and contains sensitive environmental areas that would require aggressive grading. Therefore, the belief that the somewhat U-shaped design is better at the proposed location has not been verified. A new golf course, if pursued may not be at that location. VC/Torng felt it could be located closer to the SR57. CM/DeStefano said that the proposed golf course would have access from Brea Canyon Road, not from Pathfinder and the idea is that Brea Canyon Road feeds into Diamond Bar. The developer is concerned about maintaining the hills. When drivers traverse the SR57 they can view both sides of the hills that contain much of the beauty of the canyon and the developer's proposal is to stay out of those areas and he believed the City would embrace that concept. And would never been interested in developing a golf course in that area. CM/DeStefano responded to C/Lee that it would take at least 18 months and possibly two and one-half years to get through the annexation process. The small Crestline annexation will take a couple of years. It is not dependent on Diamond Bar's decision; it is a decision for LAFCO and Los Angeles County. The Aera Energy discussion is a much, much bigger issue and he would not see the annexation process happening quickly. Is Diamond Bar interested? He said he was not interested in pursuing anything that would be financially or physically detrimental to the community. If this happens it should be self-sustaining and result in a positive cash flow to the City. There are lots of unanswered questions because the detail work has not been completed. Chair/Nelson asked if he should recuse himself from discussions about this potential project due to his SEATAC involvement and ACA/Kovacevich responded that his office would need more information to make a determination. Chair/Nelson said he would hold his questions until a determination was made. CM/DeStefano reiterated that one of the first things the City has to do is to look at all of the environmental work the developer collected and the City will not take the information it receives from the developer and assume it to be accurate. There will be a thorough review of the material as was done with the Daniel Singh and JCC projects. C/Wei said his immediate reaction to the presentation was that there would be unavoidable impacts to the City. The negative impact would be from traffic on Brea Canyon Road because the cars will cut through the City of Diamond Bar and the City will become even more congested. If the annexation failed the golf course project would not work because the available acreage is too small and there would be no connectivity to Diamond Bar and Diamond Bar would lose its ability to develop a golf course that would fulfill the requirements for an exchange with the current golf course. CM/DeStefano responded that the City does not know whether FEBRUARY 27, 2007 PAGE 8 PLANNING COMMISSION STUDY SESSION the Aera annexation and its project will ultimately have merit and whether it will be approved by the City Council. However, there is a desire to build a golf course, which requires some of the Aera Energy property and Diamond Bar would still want to pursue that effort because the potential for doing something on the current golf course site is substantial and that issue is an entirely separate discussion and will involve many years of consideration. Diamond Bar would be interested in acquiring the necessary acreage from Aera even if their project does not move forward. Finding a location in Diamond Bar for a new golf course is the most critical piece in building on the existing golf course and whether it winds up being at the proposed location or at some other location is yet to be decided. But it needs to be a location that is favorable to Los Angeles County in order for it to work. C/Wei asked if Rowland Heights was competing to annex the property. CM/DeStefano. Almost every jurisdiction surrounding the Diamond Bar is very worried about the project and most have stated they are not in favor of the project. Brea, La Habra, La Habra Heights and Whittier are very concerned. Rowland Heights is worried about it potentially going to the community of Diamond Bar and not becoming part of the future community of Rowland Heights. Rowland Heights still has an interest in incorporating and if they do incorporate they want this property to be part of their future jurisdiction. However, Rowland Heights is not necessarily embracing the project, it is just very concerned. CM/DeStefano responded to C/Nolan that with respect to the project being offered to other jurisdictions, the developer has only a couple of choices one being Los Angeles County and the other being Diamond Bar. It does not make any sense to do the project anywhere else. Rowland and Hacienda Heights are unincorporated communities so it would revert back to Los Angeles County or Diamond Bar for entitlement. 3. PUBLIC COMMENTS: Carolyn Buhart, La Habra Heights suggested that Diamond Bar consider an alternative that would benefit the City. There are environmental groups that have a lot of money and are trying to purchase this property to make it permanent open space. La Habra Heights had 300 acres that was purchased and is managed by the Santa Monica Mountains Conservancy and is preserved as open space. The area provides hiking, access for nature study groups, deer, etc., and is very beneficial to the community as open space. There is grant money available to purchase and enhance this property and she opined that it would be very beneficial to the residents of Diamond Bar to have a large open space available for natural events. She felt that if the project were approved traffic would be a problem because the SR57 would be flooded with traffic and Diamond Bar would have to provide sheriff, fire, paramedic, road maintenance, etc. She recommended that Diamond Bar approach HOSAC and was sure that HOSAC would be contacting Diamond Bar. FEBRUARY 27, 2007 PAGE 9 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the study session at 6:58 p.m. Attest: Respectfully Submitted, Ndlicy'rong t /' Community D elopnyefit Director Steve Nelson, Chairman Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 27, 2007 CALL TO ORDER: Chairman Nelson called the Regular Meeting to order at 7:10 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng, and Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Sandra Campbell; Contract Senior Planner; Gregg Kovacevich Assistant City Attorney; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3 APPROVAL OF AGENDA: As Submitted 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of February 13, 2007. C/Wei moved, C/Nolan seconded to approve the Minutes of February 13, 2007, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: Lee, Nolan, Wei None VC/Torng, Chair/Nelson None 7.1 Conditional Use Permit No. 2006-11 and Development Review No. 2006-31— in accordance with Code Sections 22.58 an 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of Conditional Use Permit No. 2006-11 and Development Review no. 2006-32 FEBRUARY 27, 2007 PAGE 2 PLANNING COMMISSION for a proposed project involving an approximately 19,000 square foot addition to an existing church and conceptual approval of future phases to include a 60,000 square foot parking structure and 17,000 square foot bookstore/sanctuary building. PROJECT ADDRESS: PROPERTY OWNER: 22324 Golden Springs Drive Diamond Bar, CA 91765 Hidden Manna 22324 Golden Springs Drive Diamond Bar, CA 91765 APPLICANT: Dale Goddard Calvary Golden Springs 22324 Golden Springs Drive Diamond Bar, CA 91765 CSP/Campbell presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-11 and Development Review No. 2006-32, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng asked if there were any time limits on the CUP. CSP/Campbell explained that this was a review of conceptual plans for a bookstore and parking structure and when the applicant has final plans they will be required to come back to the Planning Commission for a Development Review. She confirmed that the project was conditioned to provide a walkway from church site to the commercial development. Chair/Nelson opened the public hearing. David Nicks, Crow Architects, said he was available for answer Commissioner's question. CDD/Fong offered a change to the resolution. On page 4, item 5 add "....and the attached standard conditions" at the end of the last sentence. The applicant responded that he was in agreement with the conditions proposed by staff. ChairlNelson closed the public hearing. FEBRUARY 27, 2007 PAGE 3 PLANNING COMMISSION C/Lee moved, C/Wei seconded to approve Conditional Use Permit No. 2006-11 and Development Review No. 2006-32, Findings of Fact, and conditions of approval as listed within the resolution as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 7.2 Development Review No. 2006-43 — In accordance with Code Section 22.48 of the Diamond Bar Development Code, the applicant requested Development Review for an existing learning center for kindergarten to eighth grade. The learning center is considered an intensification of use. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: AP Learning Center 1019 Via Sorella Street Diamond Bar, CA 91765 Ying Akkos 1019 Via Sorella Street Diamond Bar, CA 91765 CDD/Fong presented staffs report and recommended Planning Commission approval , of Development Review No. 2006-43, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng asked if there was a standard for the map format. CDD/Fong responded that in cases where the applicant has limited resources and cannot hire a high-end architect to provide plans staff assisted the applicant. In fact, the applicant provided a better map today. CDD/Fong showed the new map on the overhead. VC/Torng asked if there was a second floor and CDD/Fong responded that there was a second floor proposed and it would be used only for one-on-one tutoring. The building is non -conforming and does not meet the ADA requirements to accommodated classes. Therefore, all classes will be conducted on the ground level. VC/Torng said he visited the site today and said he was concerned because he could not find a parking site. He found it difficult to traverse the area. CDD/Fong agreed that there were site constraints. No physical improvements are being done so there is no nexus to provide staff an FEBRUARY 27, 2007 PAGE 4 PLANNING COMMISSION opportunity to require that the applicant do a major overhaul of the site. VC/Torng said he was concerned about safety issues because there are children involved. When he backed up a mother was bringing her kids outside and the area sloped down making it difficult for him to back down the slope and maintain full visual of the area. CDD/Fong said that staff was not concerned because the entire street serves only two parcels and there are no other businesses or residences on the street. VC/Torng asked who submitted the complaint and CDD/Fong responded that it was the adjacent property owner who since sold the property. Staff is meeting with the group that purchased the adjacent property because they are interested in demolishing the existing single family home and constructing a new private school. In the meantime staff conditioned the project for parking re -striping. The facility provides one-on-one tutoring and some classes from 5:00 to 6:00 p.m. Parents drop of their kids and staff does not see a problem with parking. VC/Torng said he was not concerned about parking but about safety because it was a difficult site to traverse and the view would be blocked when cars attempted to back off. He asked if there was any condition that could be imposed to guarantee the safety of the students. C/Torng asked if the new property owners were related to the facility and whether there was potential for further development. CDD/Fong responded that the new adjacent property owners are interested in building a new school separate from this proposed project. At this time, the only condition that mightwork would be to widen the driveway to improve circulation, which would require a retaining wall and promote loss of landscaping. VC/Torng said he would look more favorably on the project with a condition to widen the driveway. C/Nolan asked if the parking spaces could be reconfigured to accommodate a wider entry without requiring a widening of the street. CDD/Fong said that short of demolishing the building it would be difficult to retrofit. CDD/Fong said she would look at the area to see if the parking area could be improved and the Commission could condition the project to require the design approval to be subject to the approval of the Community Development Director. CDD/Fong responded to C/Wei that the applicant owns the property. C/Wei asked if there were restrictions on the office use designation. CDD/Fong responded that the office use designation allowed private school use. C/Wei agreed with the Commissioners about the parking spaces. However, in the FEBRUARY 27, 2007 PAGE 5 PLANNING COMMISSION case of private schools kids are normally dropped off and picked up by their parents and did not feel that untoward restrictions and conditions should be placed on such facilities. C/Lee asked what kind of complaints were lodged against the applicant and CDD/Fong responded that the complaint was that the applicant was operating a business without a permit. The complaint indicated the applicant was running a daycare business, which they are not. C/Lee believed that there were two separate businesses. CDD/Fong responded that the applicant made changes based on staffs input and the changes indicate that there are separate classrooms and a separate office and they are not separate businesses. C/Lee was concerned that there was one ingress/egress. CDD/Fong said the applicant would have to meet code and there are two exits for each room via the sliding doors. C/Wei suggested the applicant could put in a door to connect the office and Classroom #2 and, at the lower left corner of room 1 the applicant could put in another wall or window to create another exit. Chair/Nelson opened the public hearing. Ying Akkos, principal of the AP Learning Center and owner of 1019 Via Sorella Street, offered to answer Commissioners questions. C/Wei asked Ms. Akkos if she would agree to accept conditions to add more exits and reconfigure the parking area and Ms. Akkos responded affirmatively. She said she would agree to anything that would make it safer for her students. CDD/Fong responded to VC/Torng that the area outside the white lines is public property and staff is considering vacating the entire block because the street is a fully improved cul-de-sac and there is no reason for the City to own the street because it serves only two properties. If the City vacates the street the land reverts to the two property owners and the City would require a reciprocal/common access to the public street for the two properties. Before Caltrans took the land for the freeway Via Sorella extended into the City of Industry. Currently, there exists striped parking spaces within the public right-of-way and it has been used as such since the 1980s. CDD/Fong pointed out the playground area using the overhead. Chair/Nelson closed the public hearing. FEBRUARY 27, 2007 PAGE 6 PLANNING COMMISSION C/Wei moved, C/Lee seconded, to approve Development Review No. 2006-43, Findings of Fact, and conditions of approval as listed within the resolution with the addition of a condition to wit: "The applicant shall modify the parking area and complete the revisions to the satisfaction of the Community Development Director" and a condition to wit: "the project requires a compliance review within six months of approval." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Wei, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan congratulated Ron Everett on his appointment to the City Council. VC/Torng said it was sad to lose Council Member Bob Zirbes. Ron Everett is a good person and will be a good advocate for the City. He was excited about the study session and said he looked forward to it. C/Lee said he visited after-school learning centers and in most evenings the parking lots were very crowded and presented a safety hazard when kids were running around in the dark. C/Wei commented that he was excited to learn about future potential for the City of Diamond Bar during tonight's study session and the role the Planning Commission will play in the City's future. Chair/Nelson expressed his condolences to the family of Bob Zirbes. Bob was much more than an advocate and a friend because he took pride in this City like most people take pride in their homes. He was a dear and close friend of this City. Chair/Nelson said he had the opportunity to work with Bob on the Planning Commission for a couple of years and he was not only very human he was quite brilliant in his resolution of City issues. He will be sorely missed. Chair/Nelson suggested that Commissioners keep to asking questions of the applicant during the public hearing portion of the meeting. If Commissioners launch into expressing their opinions during the public hearing it could lead to inciting debate. Public hearings are an opportunity for Commissioners to receive testimony in an objective manner and then to deliberate after the public hearing is closed and the Commission enters deliberation. FEBRUARY 27, 2007 PAGE 7 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. CDD/Fong reminded Commissioners about the Planners Institute in San Diego March 21, 22, and 23 and said she would contact participants to arrange and coordinate transportation to the event. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 8:08 p.m. Attest: Respectfully S i Nancy Fong Community D velopment Director Nelson, Chairman Agenda No. 6.2(c) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 13, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3 APPROVAL OF AGENDA: As Submitted 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of February 27, 2007. C/Lee moved, C/Wei seconded to approve the Minutes of February 27, 2007, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.2 Minutes of the Study Session of February 27, 2007. C/Nolan moved, VC/Torng seconded to approve the Minutes of the February 27, 2007, Study Session as presented. Motion carried by the following Roll Call vote: MARCH 13, 2007 AYES: NOES: ABSENT: 5. OLD BUSINESS: 6 7. NEW BUSINESS: PAGE 2 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None PUBLIC HEARINGS: PLANNING COMMISSION Nolan, VC/Torng, Lee, Wei, Chair/Nelson None None 7.1 Conditional Use Permit No. 2006-41 — In accordance with Code Section 22.48, this was a request to construct a second story addition and deck totaling to approximately 1,665 square feet to an existing one-story single-family residence of approximately 1,951 square feet with a two -car garage. PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 23845 Chinook Place Diamond Bar, CA 91765 Mr. and Mrs. Donald Mahlke 23845 Chinook Place Diamond Bar, CA 91765 Larry Brown 2366 E. Glassell Street Orange, CA 92865 AssocP/Lungu presented staff's report. She referred the Commissioners to a letter from residents living at 23848 Chinook Place (across the street from the project) who indicated their opposition to the second story addition because they felt it would block their view; they were concerned about extra traffic in the small cul-de-sac and, they believed that at times more than one family resides at the project location who bring additional vehicles to the site. AssocP/Lungu recommended Planning Commission approval of Conditional Use Permit No. 2006-41, Findings of Fact, and conditions of approval as listed within the resolution. C/Nolan said that today she drove by and looked the project site. Chair/Nelson opened the public hearing. MARCH 13, 2007 PAGE 3 PLANNING COMMISSION Larry Brown, applicant said that he read staffs report and asked about the condition for providing a stone veneer because the owners were concerned about the cost. He asked if it was an issue and Chair/Nelson responded that it was staff's recommendation. Mr. Brown asked if the applicant could use a different kind of stone or would it have to be river rock. CDD/Fong said that the applicant would not have to supply river rock. In fact, it could be false stone material and the condition could be amended to include additional materials such as "stone, wainscoting, subject to the review and approval of the Community Development Director. Mr. Brown concurred. Kathy Lippincott, 314 San Leandro, said she was interested in the deck. She wanted to see plans for the deck and how far it would extend out from the residence. AssocP/Lungu responded by showing the plans to the speaker. AssocP/Lungu explained that the deck is located at the rear of the structure. Ms. Lippincott asked if the hill would be disturbed in any way and AssocP/Lungu assured her that it would not. CDD/Fong stated that the rear deck extends 16 feet out from the structure and AssocP/Lungu said the deck would not fall anywhere near the slope and there would be no grading. VC/Torng asked if the residence would be maintained as a single-family residence and Mr. Brown responded affirmatively. He said that there are several boys in the family, which accounts for the increased traffic and the addition is intended to be an upstairs game room. Chair/Nelson closed the public hearing. VC/Torng asked if a condition should be added to projects to ensure the owner is aware that the residence is approved as a single-family residence and AssocP/Lungu responded that this is a condition of the project that is signed by the applicant and attached to staffs report. CDD/Fong responded to Chair/Nelson that the court has established a family unit as being one that does not have to consist of individuals who are married or related by blood as long as they satisfy what is termed "a bona fide family unit." This provision is always included in the Conditions of Approval (page 9) in attached resolution. C/Nolan moved, C/Wei seconded to approve Conditional Use Permit No. 2006-41, Findings of Fact, and conditions of approval as listed within the resolution as amended to include alternative "stone" products. Motion carried by the following Roll Call vote: MARCH 13, 2007 PAGE 4 PLANNING COMMISSION AYES: NOES: ABSENT COMMISSIONERS COMMISSIONERS COMMISSIONERS Nolan, Wei, Lee, VC/Torng, Chair/Nelson None None 7.2 Development Review No. 2007-04 - In accordance to Development Code Section 22.48, the owner and applicant requested plan approval to construct a 1,720 square foot two-story addition with an exterior remodel to the existing 2,268 livable square foot single family residence's front and north sides. PROJECT ADDRESS PROPERTY OWNER: 1700 Shadehill Place Diamond Bar, CA 91765 Lilihong He 1700 Shadehill Place Diamond Bar, CA 91765 APPLICANT: Kingston Engineering, Inc. 21015 Commerce Pointe Drive Walnut, CA 91789 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2007-04, Findings of Fact, and conditions of approval as listed within the resolution. C/Nolan said that today she visited the site and did not speak with anyone. Chair/Nelson opened the public hearing. The applicant was not present. Chair/Nelson closed the public hearing. C/Nolan agreed that the angle of the home and the proposed improvements would not appreciably change the look of the structure. C/Wei moved, C/Lee seconded to approve Development Review 2007-04, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: MARCH 13, 2007 PAGE 5 PLANNING COMMISSION 8. AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Wei, Lee, Nolan, VC/Torng Chair/Nelson None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng said he watched the last City Council meeting and saw that the South Pointe project was approved. He was amazed that the City Council approved one of the gates as an "entrance only" on Morning Sun Drive. He asked for comments on the approval. CDD/Fong stated that after continuing the project several times the Council approved the South Pointe project after the applicant had conducted an additional traffic study and addressed resident's comments. Part of the analysis was to consider the Morning Sun gate as an "exit only," "entrance only" and "emergency only" so that the City Council could make its decision accordingly. VC/Torng recalled that according to the traffic analysis the number of vehicle trips per day was fairly insignificance. CDD/Fong said that the final decision was based more on perception of the Rowland Heights residents rather than fact of numbers. VC/Torng asked if the decision would cause buyers to rethink purchasing their homes within this community and CDD/Fong responded that a market analysis determined that this is a market niche for these homes within a gated community. In addition, the number of vehicles using Morning Sun would likely be very limited because the other gate provides a much better access to the freeway and other facilities. VC/Torng asked if the Crestline project would come before the Commission and CDD/Fong explained that there were a number of steps in the process to complete full annexation and the Commission would be looking at a General Plan amendment and pre -zoning about the second meeting in April or first meeting of May. C/Nolan said she looked forward to attending the Planners Institute next week. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. CDD/Fong said there would be several public hearings scheduled for the next meeting include the public hearing for Kaiser. Staff received an application from Panda Express for a building at the pad adjacent to Target to accommodate three tenants. MARCH 13, 2007 PAGE 6 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 7:37 p.m. Attest: Respectful Na' cy Fong Community Steve Nelson, Chairman Submitted, ent Director Agenda No. 6.2(d) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 27, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Gregg Kovacevich, Assistant City Attorney; Ann Lungu, Associate Planner; David Alvarez, Planning Technician, and Stella Marquez, Senior Administrative Assistant. 2. REORGANIZATION OF PLANNING COMMISSION — Selection of Chairman and Vice Chairman. Commissioner Lee nominated Commissioner Nelson to serve as Chairman of the Planning Commission. Commissioner Nolan seconded the nomination. There were no other nominations offered. Commissioner Nelson was unanimously elected to serve as Chairman of the Planning Commission by the following Roll Call vote: C/Lee Aye C/Nolan Aye C/Wei Aye C/Torng Aye C/Nelson Aye Commissioner Nolan nominated Commissioner Tomg to serve as Vice Chairman of the Planning Commission. Commissioner Lee seconded the nomination. There were no other nominations offered. Commissioner Torng was unanimously elected to serve as the Vice Chairman of the Planning Commission by the following Roll Call vote: C/Nolan Aye C/Lee Aye C/Wei Aye C/Torng Aye Chair/Nelson Aye MARCH 27, 2007 PAGE 2 PLANNING COMMISSION 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 4. APPROVAL OF AGENDA: As Submitted 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. 2006-40,— In accordance with Development Code Section 22.48, the applicant requested approval to remodel and construct a first and second story addition, patio cover and deck totaling approximately 2,200 square feet to an existing 2,252 square foot two-story single family residence with a two -car garage. The project site is zoned R-1 (8,000). PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 23253 Forest Canyon Drive Diamond Bar, CA 91765 Carl and Martha Collison 23253 Forest Canyon Drive Diamond Bar, CA 91765 Leobardo Nanez 755 N. Peach Clovis, CA 93611 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2006-40, Findings of Fact, and conditions of approval as listed within the resolution. C/Nolan and VC/Torng disclosed they each drove by the site and spoke to no one. Chair/Nelson opened the public hearing. Carl Collision, property owner, said he would agree to replace the regular door with French doors as recommended by staff. VC/Torng asked if the owner intended to follow City Codes during the rebuild to which Mr. Collision responded affirmatively. Chair/Nelson closed the public hearing. MARCH 27, 2007 PAGE 3 PLANNING COMMISSION C/Lee moved, C/Wei seconded to approve Development Review No. 2006-40, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT COMMISSIONERS Lee, Wei, Nolan, VC/Torng, Chair/Nelson None None 7.2 Development Review No. 2007-07 and Minor Conditional Use Permit No. 2007-04 - In accordance with Development Code Section 22.48, the applicant requested approval to construct a 1,128 square feet addition to an existing 1,783 square foot single-family residence. The project site is zoned R-1 (20,000). PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 24408 Nan Court Diamond Bar, CA 91765 Ismail Vaid 24408 Nan Court Diamond Bar, CA 91765 M&M Construction 10414 Hamilton Street Alta Loma, CA 91701 CDD/Fong presented staff's report and recommended Planning Commission approval of Development Review No. 2007-07 and Minor Conditional Use Permit No. 2007-04, Findings of Fact, and conditions of approval as listed within the resolution. C/Nolan and VC/Torng revealed that today they each drove by the project site and did not speak with anyone. Chair/Nelson opened the public hearing. Anthony, M&M Construction, stated he was extending the rooms out to make them larger and the look of the house would remain virtually unchanged Evelyn who lives next door to the project site was concerned about how far the addition would extend to the rear of the property. CDD/Fong responded that all building would be done within the building perimeter. The second MARCH 27, 2007 PAGE 4 PLANNING COMMISSION story would extend out on the side and front. There is no building proposed for the rear yard area and slope area. Anthony explained the proposed project as it related to her property and Evelyn indicated that she was satisfied with the explanation. Chair/Nelson closed the public hearing. C/Nolan moved, VC/Torng seconded to approve Development Review No. 2007-07 and Minor Conditional Use Permit 2007-04, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Wei, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 7.3 Development Review No. 2007-01 Minor Variance 2007-01 and Minor Conditional Use Permit No. 2007-06 — In accordance with Development Code Sections 22.48, 22.52 and 22.56, the applicant requested approval to construct a 1,512 square foot addition to an existing 2,036 square foot single family residence; reduce the required side yard setback by 20 percent and maintain the existing legal non -conforming front yard setback for the garage and the setback between structures. The project site is zoned Low Density Residential District (RPD 20,000-2U). PROJECT ADDRESS: 24449 Nan Court Diamond Bar, CA 91765 PROPERTY OWNER/ Raymond and Laura Wolfe APPLICANT: 24449 Nan Court Diamond Bar, CA 91765 PT/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2007-01, Minor Variance 2007-01, and Minor Conditional Use Permit No. 2007-06, Findings of Fact, and conditions of approval as listed within the resolution. PT/Alvarez responded to C/Lee that the proposed porch pops out seven feet from the main structure and is permitted under the Minor Variance since the porch does not intrude into the neighbor's rear yard privacy. MARCH 27, 2007 PAGE 5 PLANNING COMMISSION C/Nolan and VC/Torng disclosed that today they each drove by the project site and did not speak with anyone. Chair/Nelson opened the public hearing. Raymond Wolfe, owner/applicant, said he spent two plus years figuring out how to accomplish this project because he does not generally like the appearance of additions. Chair/Nelson closed the public hearing. C/Wei moved, C/Lee seconded, to approve Development Review No. 2007-01, Minor Variance 2007-01, Minor Conditional Use Permit No. 2007-06, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wei, Lee, Nolan, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 7.4 Development Review No. 2005-32 and Negative Declaration No. 2007-01 — In accordance with Development Code Section 22.48, the applicant requested construction of a one-story, 32000 square foot medical office building for medical services including a clinic and labs. The project site is zoned Office/Business Park (OB). PROJECT ADDRESS: PROPERTY OWNER 1336 Bridge Gate Drive Diamond Bar, CA 91765 Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91003 APPLICANT: Wood Burghard Swain Architects 4850 Barranca Parkway, Suite 203 Irvine, CA 92604 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2005-32 and Negative Declaration No. 2007-01, Findings of Fact, and conditions of approval as listed within the resolution. MARCH 27, 2007 PAGE 6 PLANNING COMMISSION CDD/Fong explained to VC/Torng that the Gateway Corporate parking standards exceed the City's standards. V/C Torng stated that the number of parking spaces falls short by two spaces and requested that the applicant be required to furnish more parking spaces in the next phase. VC/Torng said he disagreed with the traffic impact report and wondered why the project did not consider Golden Springs Drive, the SR 60 eastbound and Pathfinder Road traffic. Rock Miller, the City's traffic consultant, explained that when he was presented with the study he determined the locations that the study might have missed and as a result, he added the Grand Avenue eastbound off ramp -to the study. In his experience the project is of a sufficiently small size that there would be no impact as a result of the project. There might be a few trips through those intersections and there very likely could be some deficiencies determined that could slightly affect the fair - share calculations. However, he identified a set of near term improvements for this project that were believed to produce adequate levels of service at the intersections. In view of the uncertainty of future freeway projects it was felt that the study should be confined to the locations that were known to have the largest numerical impact and he developed a traffic impact fair - share analysis for those locations. Accordingly, the applicant is required to participate in the fair -share program. VC/Torng asked why the study would consider the SR60 westbound and not the SR60 eastbound on Golden Springs Drive. Mr. Miller said that one of the possible reasons was the direction that the traffic would be turning, especially if a proportionate amount of traffic is making a right turn or turning through two lanes to turn left it would generally not have as much impact as if it were going through a single left turn lane. The number of trips that would have been forecast through the more remote locations would have been just below the cutoff and the intersections studied would have been just above the cutoff. VC/Torng disagreed with the impact study. As the project's proportion of traffic gets smaller its proportion of share of the value of improvement goes down. Mr. Miller explained that the so-called trip minimum indicates that if the project has less than the minimum number of trips it would not be considered to be participating in the cumulative impact. And, it would be within the City's and the Commissions prerogative to lower the threshold, particular if there is a list of locations where there are concerns about future levels of service. He reiterated that in his opinion, this project would not result in a significant impact because it takes more than 10 to 20 trips for a project to have a significant impact on its own merits. VC/Torng argued that peak hour traffic of 168 cars divided by two is nearly 85 cars each time. VC/Torng strongly recommended that the data show real numbers. MARCH 27, 2007 PAGE 7 PLANNING COMMISSION Chair/Nelson asked how many parking spaces were required and CDD/Fong responded that based on the City's ratios, 128 parking spaces was required. The project proposes 176 parking spaces. The peak hour parking could likely require 168 parking spaces for this building. Chair/Nelson concluded that the applicant exceeded the parking requirement. AssocP/Lungu responded to Chair/Nelson that staff received no public comments or input regarding this project. C/Wei said he shared VC/Torng's concerns and asked for the applicant's traffic consultant to respond. Chair/Nelson opened the public hearing. Maggie Pierce, Executive Director, Kaiser Permanente Foundation Hospital and Health Plans, 1011 Baldwin Park Blvd, Baldwin Park, CA 91706, stated that the program for this site provides for 8400 members who live in Diamond Bar and will serve approximately 43,000 members by providing a phase I medical office building that will have 12 physicians, offices and exam rooms serving adult primary care (family medicine and OBGYN as well as, pediatrics). The facility will also include ancillary services such as pharmacy, radiology including mammography, lab and blood draw stations and administrative offices. Staffing will reflect the local aspects of the community and membership in the area. Jim Harrington, Manager, Design and Construction Services, 12200 Bellflower Blvd, Downey, thanked staff for their diligence in preparing tonight's presentation. The owner is anxious to commence construction and intends to pull a permit as soon as possible and begin construction in April 2007 and complete construction by April 2008. Kevin Jaeger, Linscott, Law and Greenspan Engineers, 234 East Colorado Blvd, Suite 400, Pasadena, CA 91101, explained that his firm's traffic study that was completed last year is an update to a 2003 study that was completed by the City's traffic consultant, Warren Siecke. Mr. Jaeger explained the traffic study process and explained that the trip threshold developed was 20 trips. When the study was updated last year the same scoping process was used and the study was reviewed with Steve Sawsaki, the City's Engineer. At that point key intersections were reviewed for the highest potential impacts based on the City's criteria. VC/Torng asked why the SR60 eastbound was not on the list and Mr. Jaeger MARCH 27, 2007 PAGE 8 PLANNING COMMISSION explained that during the a.m. peak hour there were 13 project related trips traversing the intersection and during the afternoon peak hourthere were 29 project related trips. The SR60 westbound exit would most likely be Grand Avenue versus traveling down to the Brea Canyon off -ramp and backtracking to the project site. When looking at the distribution from the west to the project site the study anticipated that vehicles would use the Grand Avenue interchange versus the Brea Canyon interchange and backtrack to the site. Mr. Jaeger explained that the study was based on standard traffic engineering trip generation rates provided by the Institute of Transportation Engineers Trip Generation that contains a wide variety of land uses for which there is empirical data that develops trip rates for each specific land use. In this case, the study used ITE Land Use 720, which is "medical and dental office buildings" and is for the highest peak hour of adjacent street traffic during one hour in the morning and one hour in the afternoon peak periods. C/Lee wanted to know how many patients/visitors will visit this site. Maggie Pierce responded that the study considered only the number of vehicles. There would be no expectation regarding patient numbers. C/Lee felt the projection should be based on the number of patients and visitors ratherthan the number of vehicles. Mr. Jaeger explained that the data reflects a typical medical office building based on a certain square footage that would have a fairly high rate. The study considers vehicular traffic. On a daily basis the forecast is about 818 trips inbound and 818 outbound. The exact number of patients and visitors would be impossible to determine. Maggie Pierce said that the trip generation forecast was based on standard rates published in the Institute of Transportation Engineers Handbook that provides statistics from thousands of site visits throughout the country that are similar to the proposed use. These trip generation rates include employees, doctors, physicians, visitors, patients, deliveries, etc. C/Wei asked for clarification that this project was the first of two phases planned and whether the traffic survey and mitigation program considered two projects or only the current Phase I. Mr. Jaeger responded that the overall project was considered in terms of developing both Kaiser owned parcels for the total 45,000 square feet. The study was done considering the overall project, and Phase I and Phase II on their own merits. Mr. Jaeger explained to VC/Torng that the applicant agreed to work with staff and the Gateway Group to enhance the corner of Copley and Bridge Gate with landscape. Nancy Burke, Land Use Manager, Kaiser, said that the facility sees about 230 patients per day. MARCH 27, 2007 PAGE 9 PLANNING COMMISSION Chair/Nelson closed the public hearing. C/Lee felt that all residents were eager to have the hospital and medical facility in the City. According to him the project will be beneficial especiallyto children, women and the elderly. C/Nolan did not share VC/Torng's concern about parking because the project met the City's standards and exceeded the standards of the Gateway Corporation. She felt it was interesting that 8000 members reside in the City of Diamond Bar and those members will not be getting on the freeway to go elsewhere and the project would therefore be primarily concerned about traffic entering the City, not leaving it. CDD/Fong reiterated to VC/Torng that staff concurred with the traffic study results. VC/Torng felt it was a good project. VC/Torng moved, C/Wei seconded to approve Development Review No. 2005-32 and Negative Declaration No. 2007-01, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Wei, Lee, Nolan, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Wei stated that he, C/Nolan, VC/Torng and CDD/Fong attended the League of California Cities Conference. It was a good experience and a lot of good information was discerned. He appreciated the opportunity. C/Lee felt the medical offices would be very beneficial to people — especially to women. He asked staff to expedite the project to every extent possible. VC/Torng said he attended the Planning Commissioners Institute and thanked staff for providing a good environment for him to learn. The art committee has been inactive and the City needs to have a regulation for that. He felt Kaiser was a good company and they would want to do something to make their area look good. C/Nolan felt the Conference was very, very helpful. She wanted to be more involved in the California League of Cities. MARCH 27, 2007 PAGE 10 PLANNING COMMISSION Chair/Nelson said that every Commission needs a "picky" Commissioner who asks questions. He reminded his colleagues that it was not necessary to complete all discussion prior to the motion. Often times a motion can stimulate additional discussion and result in a different outcome. 9. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 8:25 p.m. Attest: Respectfully Submitted, Nacy Fon aComm y Development Director (4) �4jo-' -L41� Steve Nelson, Chairman Agenda No. 6.2(e) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 10, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng, and Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Gregg Kovacevich, Assistant City Attorney; Sandra Campbell, Contract Senior Planner; and David Alvarez, Planning Technician. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Jose Gomez, a Diamond Bar resident and Mt. SAC student said he was present to fulfill a class assignment by attending tonight's meeting. Richard Bach, 1060 Tintah Drive, said he was also present to fulfill a class assignment to attend tonight's proceedings. 3. APPROVAL OF AGENDA: As Submitted. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 13, 2007. VC/Torng moved, C/Wei seconded to approve the Regular Meeting Minutes of March 13, 2007, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT COMMISSIONERS VC/Torng, Wei, Lee, Nolan Chair/Nelson None None APRIL 10, 2007 PAGE 2 PLANNING COMMISSION 4.2 Minutes of the Regular Meeting of March 27, 2007. VC/Torng said that on page 6 all of his comments were not included when he talked about parking. The applicant provides 176 parking spaces which are actually less than the number called out in the Gateway Specific Plan and that is the reason he brought it up and he hoped it would be corrected. CDD/Fong said she would insert a sentence to read as follows: V/C Torng stated that the number of parking spaces falls short by two spaces and requested that the applicant be required to furnish more parking spaces in the next phase. C/Lee moved, C/Wei seconded to approve the minutes of the March 27, 2007, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT COMMISSIONERS Lee, Wei, Nolan, VC/Torng, Chair/Nelson None None 4.3 Issuance of Public Convenience and Necessity (PCN): A request to issue a PCN for a Type 21 liquor license for Mike's Tobacco at 1174 S. Diamond Bar Boulevard. CDD/Fong referred the Planning Commission to the Resolution contained in the packet and explained the request before the Planning Commission. C/Nolan moved, C/Lee seconded to approve the PCN. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Nolan, Lee, Wei, VC/Torng, Chair/Nelson None None APRIL 10, 2007 PAGE 3 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2004-33 — In accordance with Development Code Section 22.48, the applicant requested approval to remodel and enlarge an existing commercial service station as follows: Remove existing service bays and enlarge the structure and use of the convenience mart; and upgrade the exterior design of on-site structures. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 21324 Pathfinder Road Diamond Bar, CA 91765 Mohamad Salimnia 21324 Pathfinder Road Diamond Bar, CA 91765 Nasser Moghadam 44052 Galicia Drive Hemet, CA 92544 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2004-33, Findings of Fact, and conditions of approval as listed within the resolution. C/Lee said that today there is no distinction between specific business and business. There was an original design for the gas station. And now they are putting in a convenience market and small food court. Because there is a cooking facility it is not a takeout, it is a small restaurant. His first impression of this project is that there should be tables where people can sit down and eat but this is a convenience store and cooking small restaurant inside the store. People go inside and wait until it is cooked and then they pick up the food and go outside and eat. And this is an 8 -station gas station and it should be very crowded. So to him there are too many businesses in one and it is too complicated for people to understand the nature of the business and how they should react to the business. CDD/Fong explained that the industry calls this a "quick service restaurant." It is not a sit-down restaurant. The expectation is that people will go into the store and buy food, e.g., hot dog, purchase gas for their cars then leave. This type of service is available in many gas stations. VC/Torng said he had been to the location several times and felt it was good that the applicant had changed from four to three exits. He was still APRIL 10, 2007 PAGE 4 PLANNING COMMISSION concerned about the safety of patrons because he sees vehicles turn left from Brea Canyon Road and if he remembered the rules about the traffic, he wanted to know if vehicles could make a left turn onto westbound Pathfinder Road. VC/Torng said if he remembered correctly no left turn should be allowed. CDD/Fong concurred. VC/Torng wanted to know if the City could post a sign and CDD/Fong responded that the City could require the applicant to post a "right -turn -only" sign. However, if a driver disobeyed the sign it would be an enforcement issue. C/Nolan asked if drivers were allowed to make a U -Turn at Brea Canyon if their intention is to go back toward the freeway. CDD/Fong said she believed drivers could make a U -Turn. VC/Torng said he believed drivers could make a U -Turn on Pathfinder at Fern Hollow. C/Wei said he had the same concerns as VC/Torng and believed it was proper to put the "no -left -turn" at the exit facing Pathfinder Road. There were no ex -parte disclosures. Chair/Nelson opened the public hearing. Nasser Moghadam, project architect, thanked Planning staff for their assistance. He has spent three difficult years on this project and his primary concern is to have a feasible project for the residents as well as the property owner and businessman who must make a living. This gas station is situated on a major corner and for many years this owner has been discussing many issues in addition to the overall look. He and the owner understand that the area is very congested. However, if the station does not meet the needs of the public they will not patronize the station. He is also concerned about safety. This is the beginning of the project. Following the Planning Commission's review the project goes to Building and Safety and is subject to offsite improvements through the utility company. There is a long way to go before this project comes to fruition and the owner is concerned that after making these improvements he will be able to succeed. He has had many years of experience converting these stores and to C/Lee he responded that there would be no kitchen and that the public health department would not allow a kitchen. However, the applicant would like to have some flexibility to provide minimum facilities to franchise with Quizno's and others to provide warmers, microwaves or toasters. There will be no seating because it is a takeout only. He referred to an issue involving truck safety on a certain corner and said he is working with staff to reduce the corner to provide more room for truck turnout. He explained how the project was revised in APRIL 10, 2007 PAGE 5 PLANNING COMMISSION accordance with the Planning Commission's wishes. He believed there was a double yellow line on Pathfinder Road that would prevent a left -turn out. Chevron has certain standards and the proposed canopy is intended to be the generic canopy of choice for several years hence and he believed that putting trim around the canopy would look odd. If the Commission approves the project he will continue to work with staff to smooth out the details and make the project feasible for his client. He felt that some of the requested changes resulted in waste for his client but the project looks beautiful and he did not disagree with staffs proposal. However, he would like some consideration so that the applicant did not have to spend a lot of money changing the look because it would be landscaped. C/Nolan asked if the food was prepared elsewhere or prepared to order on- site. Mr. Moghadam responded that his client wanted to have Quizno's or Subway and not be completely self -serve. Some of the food is not pre -made it will be made to order and taken away from the premises. Chair/Nelson asked if Mr. Moghadam thought there would be a problem having two "no left -turn" signs at Pathfinder Road and Mr. Moghadam responded "no." VC/Torng asked if Mr. Moghadam was not fully committed to the condition imposed by staff. Mr. Moghadam said they would comply. However, he would like to be able to work with staff to resolve certain issues such as if the canopy is supposed to be changed from what is represented that would be a different issue. If staff says it has to be done the applicant will comply. He said he wanted leeway to work further on the issue of the truck turning radius and to be able to prepare food. There are no other objections. CDD/Fong said that staffs intention was to make sure that the design of the canopy was consistent and compatible with the design of the building as proposed. The canopy is a generic corporate identity canopy and in her opinion, Diamond Bar is not generic. She believed the canopy needed to be compatible with the design by having consistent material and design. The cornice treatment at the top of the roof would have to be a similar design consistent with the building design. Staff asked for stone material at the bottom of the columns. Newer Chevron stations have similar in design and staff is not asking for more than what has been done with similar stations in other communities. Diamond Bar deserves that look and therefore, staff conditioned this project for the design to be compatible subject to staffs review, which may include the cornice treatment and ledger stone. Staff will work with the applicant, however, those are basic criteria for the redesign of APRIL 10, 2007 PAGE 6 PLANNING COMMISSION this canopy. CDD/Fong responded to VC/Torng that staff would work with the applicant with respect to the proposed design for truck safety. Chair/Nelson closed the public hearing. C/Lee moved, C/Wei seconded to approve Development Review No. 2004-33, Findings of Fact, and conditions of approval as listed within the resolution with the amendment to include two "Right -Turn -Only" signs as appropriate for the Pathfinder Road exits. Chair/Nelson wanted to know if the appropriate sign was "right -turn -only" or "no -left -turn" and CDD/Fong responded that public works would determine what sign was appropriate. C/Lee wanted to know if the signs were enforceable. CDD/Fong responded that there are two double -yellow lines along Pathfinder and a left turn is illegal. VC/Torng said he has seen many drivers make illegal turns in California. CDD/Fong said that it was up to the Sheriffs Department to enforce the situation. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 7.2 Development Review No. 2007-11 and Minor Conditional Use Permit No. 2007-07 and Minor Variance NO. 2007-03 - In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approvals: Development Review No. 2007-11 for construction of a new 4739 square foot commercial building with two fast food restaurants and retail; Minor Conditional Use Permit No. 2007-07 for a drive-through restaurant, and Minor Variance No. 2007-03 to reduce the width of the drive-through lane. The project is consistent with implementation of the Diamond Bar Village Specific Plan. PROJECT ADDRESS: 22438 Golden Springs Drive (Southwest corner of Grand Avenue and Golden Springs Drive) Diamond Bar, CA 91765 APRIL 10, 2007 PAGE 7 PLANNING COMMISSION PROPERTY OWNER: APPLICANT: Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 David Kuo 984 Crystal Water Lane Walnut, CA 91789 CSP/Campbell presented staff's report and recommended Planning Commission approval of Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07, and Minor Variance No. 2007-03, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nelson asked for an explanation of the retaining wall height to which CSP/Campbell responded using the overheads. VC/Torng asked if it was possible to include a crosswalk from the Target parking lot to the project site because there is no pedestrian walkway. CDD/Fong pointed out the location of the sidewalk. VC/Torng was more concerned about crossing the area where there were two stop signs and he said he would feel better with a four-way stop so that pedestrians could move about more freely and safely. CDD/Fong explained that if a pedestrian walkway were built a large number of parking spaces would have to be eliminated. From a practical standpoint the shared spaces between Panda Express and Chili's would be shared first before overflow parking in the Target parking lot. CSP/Campbell said she understood VC/Torng's request for yellow striping for a walkway to call attention to pedestrian flow. CDD/Fong asked where VC/Torng would suggest beginning and ending the striping. VC/Torng said the two stops signs were not parallel. CDD/Fong stated that when stripes are created the area becomes a "false" safety zone for pedestrians because stripes do not constitute a crosswalk and it gives pedestrians a false sense of security. CDD/Fong again asked VC/Torng where he would propose to place striping to lead pedestrians from Target parking into the Panda Express building. VC/Torng asked if there was a possibility to have a stop sign. CDD/Fong explained that staff would have to look at the situation from an on-site traffic control perspective. CSP/Campbell said there is not a stop sign for traffic entering the center because it would potentially interfere with the flow of traffic on the main street. VC/Torng said that maybe traffic could study the issue. There were no ex parte disclosures. APRIL 10, 2007 PAGE 8 PLANNING COMMISSION Chair/Nelson opened the public hearing. Roger Segal, architect, said he would be happy to answer any questions. C/Lee said he believed that two food -related stores were sharing one drive- through. Mr. Segal responded that the drive-through was for Starbucks on the interior side only, not for Panda Express. C/Wei questioned the number of parking spaces because when Target was approved the parking spaces were calculated for that store only and wanted to know if there was an overlap in the number of parking spaces. Mr. Seal responded that the table on the conditional approval shows the overlay parking count. Page 4 indicates 535 spaces are required for Chili's, Target and Panda Express. However, the total number of parking spaces on the shopping center site is 560, a sufficient number for all three businesses. Chair/Nelson closed the public hearing. Chair/Nelson asked what the problems were with putting a stop sign in a line on a crosswalk. CDD/Fong said, a striped crosswalk should lead the pedestrians to a walkway and that is the difficulty with this site. Mr. Seal said there were 90-100 parking spaces between the two restaurant buildings. Parking should be ample for those two uses. Chair/Nelson said that Chili's is very crowded on a Saturday night and he was concerned that during the dinner hour there would be ample parking on that side. After giving the matter consideration CDD/Fong said she believed it might be appropriate to put a striped stop sign to create a three-way stop. She said she was unable to come up with a logical location for a striped crosswalk. A three-way stop would assist pedestrians to move across to the Panda Express building. VC/Torng said he believed a stop sign was better because as staff earlier stated a crosswalk might give pedestrians a false sense of security. CDD/Fong offered that a sign stating "pedestrian crossing" could be installed. APRIL 10, 2007 8. 9. PAGE 9 PLANNING COMMISSION C/Lee felt that CDD/Fong understood the Commissioner's concerns and would work with the applicant to include appropriate modifications. VC/Torng agreed and suggested CDD/Fong consult with the City's traffic engineer to see if he agreed. VC/Torng moved, to approve Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance 2007-03, Findings of Fact, and conditions of approval as listed within the resolution with the addition of a condition that staff will study the traffic and pedestrian movement and make appropriate recommendations to ensure to every extent possible, the safety of pedestrians walking from the Target parking area to the Panda Express Building. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT COMMISSIONERS VC/Torng, Lee, Nolan, Wei Chair/Nelson None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan reminded everyone that the City Birthday Party would be held in a couple of weeks. She Chairs the DBIA Car Show and invited everyone to stop by and purchase raffle tickets. VC/Torng said he would do his best to participate in the very fun City Birthday Party. He asked staff to place "Art in Public Places" on a future agenda for consideration. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. CDD/Fong stated that there is a public hearing for a Conditional Use Permit for a school and another PNC for Target to sell wine and there may another public hearings set for the April 24 meeting depending on how quickly projects are brought forward to the Planning Department. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. APRIL 10, 2007 PAGE 10 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 8:21 p.m. Attest: Respectfully Submitted, 1 Nancy FonglC mmu ity Development Director PteveNelson, Chairman Agenda # 6 3 Meeting Date: May 1, 2007 CITY COUNCIL �f, ��' AGENDA REPORT TO: Honorable Mayor and Membe s of the City Council FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register dat d April 12, 2007 through April 25, 2007 totaling $1,391,039.26 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,391,039.26 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 April 12, 2007 through April 25, 2007 for $1,391,039.26 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: ml� Financd D ector Assistan City Hager Attachments: Affidavit and Check Register — 04/12/07 through 04/25/07. 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 April 12, 2007 through April 25, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $849,752.98 Community Organization Support Fd 500.00 Prop A - Transit Fund 155,020.29 Int. Waste Mgt Fund 5,852.01 AB2766 - AQMD Fund 1,951.91 CDBG Fund 670.55 LLAD #38 Fund 13,662.41 LLAD #39 Fund 4,057.86 LLAD #41 Fund 3,870.67 Capital Improvement Project Fund 355,700.58 $1,391,039.26 Signed: Linda G. agn s Finance Director City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2007 07 -PP 08 PAYROLL TRANSFER P/R TRANSFER-07/PP 08 118 10200 1,101.91 $129,656.00 4/19/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 08 125 10200 670.55 4/19/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 08 001 10200 118,866.76 4/19/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 08 112 10200 3,976.93 4/19/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 08 115 10200 5,039.85 4/12/2007 75070 JADVANTEC CONSULTING ENGINEERS INC TRFFC ENG SVCS -DEC 06 0015551 45222 1 3,294.56 $27,341.76 4/12/2007 ADVANTEC CONSULTING ENGINEERS INC TRFFC ENG SVCS -DEC 06 0015551 45222 1 24,047.20 4/12/2007 75071 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 04-413 001 23012 330.00 $7,057.43 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 23012 80.10 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 34650 -80.10 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-555 001 23012 2,640.00 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 23012 38.70 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 34650 -38.70 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-516 001 23012 445.00 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-479 001 23012 742.43 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-479 001 23012 133.64 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-479 001 34650 -133.64 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-485 001 23012 1,155.00 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05485 001 23012 207.90 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-485 001 34650 -207.90 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-496 001 34650 -189.00 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-555 001 23012 475.20 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-555 001 34650 475.20 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-550 001 23012 150.00 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-496 001 23012 1,050.00 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-496 001 23012 189.00 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-507 001 23012 330.00 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 23012 59.40 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 34650 -59.40 4/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-516 001 23012 215.00 4/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-413 001 23012 59.40 4/12/2007 JARROYO GEOTECHNICAL CORP JADMIN FEE -EN 04-413 001 34650 -59.40 Page 1 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2007 4/12/2007 75072 AT & T AT & T PH.SVCS-GENERAL PH.SVCS-GENERAL 0014090 0014090 42125 42125 19.54 23.67 $43.21 4/12/2007 75073 IBENESYST IFLEX ADMIN SVCS -4TH QTR 1 0014060 1 42346 1 91.16 $91.16 4/12/2007 75084 DMS CONSULTANTS CIVIL ENGINEERS INC IDMS DESIGN SVCS -GRAND AVE 2505510 46411 6,440.00 $130.00 4/12/2007 75074 ICA PARK & RECREATION SOCIETY CERT RENEWAL-SEILERMORDN 1 0015310 1 42340 1,050.001-$1,050.00 4/12/2007 75075 ICASH CHANGE -CITY B/DAY CELEB 1 001 1 34720 600.00 $600.00 4/12/2007 75076 ICATALINA BALLAST BULB COMPANY SUPPLIES -DBC 1 0015333 1 41200 42.801 $42.80 4/12/2007 75077 ICITY OF MONROVIA CSMFO MTG-FULUMAGNUSON 1 0014050 1 42325 1 70.00 $70.00 4/12/2007 1 75078 1COMMERCIAL SECURITY GROUP KEYS -PARKS 0015340 1 42210 1 14.011 $14.01 4/12/2007 75079 JDAY & NITE COPY CENTER PRINT SVCS -DBC 1 0015333 1 42110 119.081 $119.08 4/12/2007 75080 IDENNIS CAROL PROF.SVCS-SS/CC MTG 1 0014030 1 44000 200.001 $200.00 4/12/2007 75081 IDIEHL EVANS AND COMPANY LLP PROF.SVCS-AUDITING 1 0014050 1 44010 1,070.001 $1,070.00 4/12/2007 75082 DMS CONSULTANTS CIVIL ENGINEERS INC DESIGN SVCS -GRAND AVE 2505510 46411 4,385.00 $12,375.00 4/12/2007 75084 DMS CONSULTANTS CIVIL ENGINEERS INC IDMS DESIGN SVCS -GRAND AVE 2505510 46411 6,440.00 $130.00 4/12/2007 75085 CONSULTANTS CIVIL ENGINEERS INC ENG SVCS -WASHINGTON ST 2505510 R46411 1,550.00 4/12/2007 75083 DOG DEALERS INC CONTRACT CLASS -SPRING 1 0015350 1 45320 1 20.401 $20.40 4/12/2007 75084 JDAVID DOYLE REIMB-NLC CONF OD14030 1 42330 1 130.001 $130.00 4/12/2007 75085 JEDEN DONGSAN INVESTMENTS INC REPLACE CK# 58416 1 36900 1 745.001$745.00 12/2007 F4/1212007 75086 ENVIRONMENTAL CONSTRUCTION JSYC SYC CYN PK - RETENTION 250 20300 -28,031.65 $252,284.88 4/12/2007 75088 ENVIRONMENTAL CONSTRUCTION CYN PK IMP - 03/07 2505310 46415 280,316.53 $237.04 4/12/2007 1 75087 1EXPRESS TEL ILONG DIST SVCS -MAR 07 1 0014090 1 42125 1 59.511 $59.51 4/12/2007 75088 IFEDEX EXPRESS MAIL -GENERAL 1 0014090 1 42120 111.97 $237.04 Page 2 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2007 4/12/2007 75088... FEDEX FEDEX EXPRESS MAIL -GENERAL EXPRESS MAIL -GENERAL 0014090 0014090 42120 42120 56.85 68.22 $237.04... 4/12/2007 1 75089 IFIRST REGIONAL BANK ISEQUEL CONTR- RETENTION 1 250 1 10403 1 7,002.631 $7,002.63 4/12/2007 75090 FOOTHILL TRANSIT TRANSIT PASSES -03/07 1125553 1 45533 1 2,775.00 $11,955.25 4/12/2007 75093 FOOTHILL TRANSIT FOOTHILL TRANSIT - FY 06/ 1125553 1 45535 1 9,180.25 $30.00 4/12/2007 75091 CHAD GONELLA CONTRACT CLASS -WINTER ____T_0015350 1185098 45320 704.00 $1,248.00 4/12/2007 75093 CHAD GONELLA CONTRACT CLASS -WINTER 0015350 45320 544.00 $30.00 4/12/2007 75092 GOVPARTNER REQUEST PARTNER SVCS -APR 1185098 44030 850.00 $850.00 4/12/2007 75093 IDYLAN HAAELQUIST REFUND -PK CITATION 001 32230 30.001 $30.00 4/12/2007 75094 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS �PROF.SVCS-INSPECTIONS 0015510 45227 110.77 $1,500.00 4/12/2007 75096 HALL & FOREMAN, INC. ISALES TX- AUDIT 4TH 2005 0015510 45227 700.00 $28,213.95 4/12/2007 75101 HALL & FOREMAN, INC. PROFLSVCS-INSPECTIONS 0015510 R45227 308.65 $155.00 4/12/2007 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 R45227 380.58 4/12/2007 1 75095 JHEADSETS.COM, INC IPH HEADSET -FRT DESK 0014090 1 41300 1 385,261 $385.26 4/12/2007 75096 IHINDERLITER, DE LLAMAS & ASSOCIATES ISALES TX- AUDIT 4TH 2005 0014090 1 44010 1 28,213.951 $28,213.95 4/12/2007 75097 HOME DEPOT CREDIT SERVICES LLAD 39 - MAINT SUPPLIES 1395539 42210 389.97 $1,119.39 4/12/2007 75100 HOME DEPOT CREDIT SERVICES SUPPLIES-B/DAY CELEB 0015350 42353 173.19 $60.00 4/12/2007 75101 HOME DEPOT CREDIT SERVICES PK MAINT SUPPLIES 0015340 42210 556.23 $155.00 4/12/2007 75098 JINLAND EMPIRE STAGES EXCURSION -TRANSPORTATION 0015350 45310 342.72 $952.00 4/12/2007 75100 INLAND EMPIRE STAGES EXCURSION -FLOWER FIELDS 1125350 45310 609.28 $60.00 4/12/2007 75099 ANTHONY JORDAN REIMB-WORK BOOTS 0015310 41200 292.26 $292.26 4/12/2007 75100 IJOHN KIM RECREATION REFUND 001 34780 60.001 $60.00 4112/2007 75101 IYOEN SOCK KIM RECREATION REFUND 001 34760 155.00 $155.00 Page 3 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2007 75102 AJITA KOTHARI IRECREATION REFUND 001 34780 100.00 $100.00 4/12/2007 1 75103 IDOUGLAS LASKO IRECREATION REFUND 1 001 1 34780 55.00 $55.00 4/12/2007 75104 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-397 001 23012 199.25 $1,299.42 4/12/2007 75106 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-397 001 34650 -199.25 $37.70 4/12/2007 75112 LEIGHTON & ASSOCIATES, INC. PROF -SVCS -EN 06-543 001 23012 1,106.92 4/12/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-397 001 23012 192.50 4/12/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-397 001 23012 34.65 4/12/2007 ILEIGHTON & ASSOCIATES, INC. JADMIN FEE -EN 03-397 001 1 34650 -34.65 4/12/2007 1 75107 ATTY LEON-ENCALADE IRECREATION REFUND 001 34780 60.00 $60.00 4/12/2007 1 75106 ILEXISNEXIS MATTHEW BENDER PUBLICATIONS -SHERIFF 0014090 42320 37.70 $37.70 4/12/2007 75107 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -CALVARY CHAPEL 0014411 45402 7,000.73 $8,376.61 4/12/2007 75111 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -SCRIBBLES 0014411 45402 1,250.80 $95.00 4/12/2007 75112 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -TRANSIT SALES 1125553 45402 125.08 4/12/2007 751011 MCE CORPORATION STORM DRAIN MAINT-FEB 07 0015554 45512 1,414.68 $11,946.98 4/12/2007 75111 MCE CORPORATION RIGHT-OF-WAY MAINT-FEB O7 0015554 45522 3,027.59 $95.00 4/12/2007 75112 MCE CORPORATION ROAD MAINT-FEB 07 0015554 45502 7,504.71 4/12/2007 75109 METROLINK TRANSIT PASSES- 02/07 1125553 45535 59,309.69 $138,353.75 4/12/2007 75111 METROLINK TRANSIT SUBSIDY -03/07 1125553 45533 15,532.56 $95.00 4/12/2007 75112 METROLINK TRANSIT PASSES - 03/07 1125553 45535 59,309.69 4/12/2007 METROLINK TRANSIT SUBSIDY - 02/07 1125553 45533 15,532.56 4/12/2007 METROLINK CREDIT - RETURNED PASSES 1125553 45535 -8,264.75 4/12/2007 1 METROLINK CREDIT -RETURNED PASSES 1125553 45535 -3,066.00 4/12/2007 1 75110 IMAGDY MIKHAIL RECREATION REFUND 001 1 34780 1 160.001 $160.00 4/12/2007 75111 ISTEVE NGUYEN IRECREATION REFUND 001 34780 1 95.00 $95.00 4/12/2007 75112 1KATHLEEN ERIN NOLAN PLNG COM 02/13, 02/27 0015210 44100 130.001—$130.00 Page 4 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2007 75113 OFFICEMAX CONTRACT INC SUPPLIES-PMIORKS 0015510 41200 10.96 $4,008.57 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-PM/ORKS 0015510 41200 79.83 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-PLNG 0015210 41200 122.65 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-P/WORKS 0015510 41200 78.58 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-PM/ORKS 0015510 41200 5.60 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 63.08 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 258.22 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-PLNG 0015210 41200 200.49 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 229.60 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 51.21 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 247.09 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 10.29 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 43.28 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 5.10 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 347.38 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 3.70 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 44.04 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 146.93 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 12.33 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 16.57 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 31.15 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 164.01 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 130.72 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 19.36 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 12.29 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 4.76 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 7.91 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 6.52 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 22.62 4112/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 32.69 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 190.70 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 19.55 4/12/2007 OFFICEMAX CONTRACT INC MEMO CREDIT -COMM SVCS 0015350 41200 -190.70 4/12/2007 OFFICEMAX CONTRACT INC MEMO CREDIT -COMM SVCS 0015350 41200 -18.59 4/12/2007 1OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 13.35 Page 5 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2007 75113... OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 38.19 $4,008.57 ... 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 21.62 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 18.59 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 93.68 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 7.17 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 30.10 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 132.54 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 104.89 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 22.22 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 105.11 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 112.54 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 10.52 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 59.92 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 84.07 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 65.79 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 8.32 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 120.95 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 262.39 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 21.33 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 7.57 4/12/2007 OFFICEMAX CONTRACT INC MEMO CREDIT-H/R 0014060 41200 -7.57 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 134.18 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -FINANCE 0014050 41200 5.66 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -FINANCE 0014050 41200 21.07 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 6.02 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 12.97 4/12/2007 OFFICEMAX CONTRACT INC MEMO CREDIT -CITY MANAGER 0014030 41200 -8.70 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 8.70 4/12/2007 OFFICEMAX CONTRACT INC MEMO CREDIT -CITY MANAGER 0014030 41200 -38.39 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 12.88 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 38.39 4/12/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 42.92 4/12/2007 1OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 29.66 4/12/2007 75114 1HELEN PAPADOPOULOS RECREATION REFUND 001 34780 1 60.001 $60.00 Page 6 Check Date I Check City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check 4/12/2007 75115 GLORIA PARK RECREATION REFUND 1 001 34780 1 125.001 $125.00 4/12/2007 SASAKI TRANSPORTATION SVCS. ADMIN FEE - EN06-527 001 34650 -155.88 4/12/2007 75116 7POMONA JUDICIAL DISTRICT jPK CITATION FEES -FEB 07 001 32230 2,440.001 $2,440.00 4/12/2007 SASAKI TRANSPORTATION SVCS. PROF SVCS-EN06-527 001 23012 866.00 4/12/2007 75117 IPOMONA UNIFIED SCHOOL DISTRICT JELECT SVCS -SEPT -MAR 07 0015340 42126 3,478.361 $3,478.36 4/12/2007 SASAKI TRANSPORTATION SVCS. PROF.SVCS-EN 06-513 001 23012 715.00 4/12/2007 75118 IREGINALD AND SANDRA HARPER REFUND -EN 06-550 001 23012 1,715.001 $1,715.00 4/12/2007 75119 SASAKI TRANSPORTATION SVCS. TRFFC ENG SVCS-SEPT-OCT06 0015551 45221 7,490.39 $20,471.28 4/12/2007 SASAKI TRANSPORTATION SVCS. ADMIN FEE - EN06-527 001 34650 -155.88 4/12/2007 SASAKI TRANSPORTATION SVCS. PROF.SVCS-EN 06-527 001 23012 192.00 4/12/2007 SASAKI TRANSPORTATION SVCS. PROF SVCS-EN06-527 001 23012 866.00 4/12/2007 SASAKI TRANSPORTATION SVCS. ADMIN FEE - EN06-527 001 23012 155.88 4/12/2007 SASAKI TRANSPORTATION SVCS. PROF.SVCS-EN 06-513 001 23012 715.00 4/12/2007 SASAKI TRANSPORTATION SVCS. ADMIN FEE -EN 06-513 001 23012 128.70 4/12/2007 SASAKI TRANSPORTATION SVCS. ADMIN FEE -EN 06-513 001 34650 -128.70 4/12/2007 SASAKI TRANSPORTATION SVCS. TRFFC ENG SVCS -DEC 06 0015551 45221 4,835.32 4/12/2007 SASAKI TRANSPORTATION SVCS. ADMIN FEES -EN 06-527 001 23012 34.56 4/12/2007 SASAKI TRANSPORTATION SVCS. ADMIN FEES -EN 06-527 001 34650 -34.56 4/12/2007 SASAKI TRANSPORTATION SVCS. TRFFC ENG SVCS-SEPT-OCT06 0015551 45221 1,690.00 4/12/2007 SASAKI TRANSPORTATION SVCS. TRFFC ENG SVCS-NOV 06 0015551 45221 1,053.50 4/12/2007 ISASAKI TRANSPORTATION SVCS. TRFFC ENG SVCS-NOV 06 0015551 45221 3,629.07 4/12/2007 75120 ISECTRAN SECURITY INC. ICOURIER SVCS -APR 07 0014090 1 44000 302.641'$302.64 4/12/2007 75121 SEQUEL CONTRACTORS INC GRAND AVE CONST - RET PAY 250 20300 -7,002.63 $63,023.67 4/12/2007 SEQUEL CONTRACTORS INC GRAND AV IMPRVMNTS 2505510 R46411 70,026.30 4/12/2007 75122 TISA SHAVERS PK REFUND -HERITAGE 001 23002 200.00 $559.42 4/12/2007 TISA SHAVERS PK REFUND -HERITAGE PK 001 23002 359.42 4112/2007 1 75123 IMARK SKAAR IRECREATION REFUND 1 001 34780 100.OD $100.00 4/12/2007 75124 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 30.13 $5,232.81 4/12/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 1 42126 360.47 Page 7 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2007 75124... SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,172.74 $5,232.81 ... 4/12/2007 75127 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 313.49 $100.00 4/12/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 197.20 4/12/2007 75128 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 158.78 4/12/2007 75125 SPARKLETTS ISPARKLETTS WATER SUPPLIES-C/HALL 0014090 1 41200 188.44 $198.19 4/12/2007 VALLEY CREST LANDSCAPE MAINT INC 1EQ RENTAL-C/HALL MAR 07 0014090 1 42130 9.75 4/12/2007 75126 SUNMOON SUHAIMI & PROF.SVCS-EN 04-469 001 23012 400.351 $400.35 4/12/2007 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-LORBEER 0015340 45300 3,727.36 4/12/2007 75127 jBHAVNA TANA IRECREATION REFUND 001 34780 100.001 $100.00 4/12/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 246.00 4/12/2007 1 75128 ITELEPACIFIC COMMUNICATIONS 71 INTERNET SVCS -APR 07 0014070 1 44030 532.901—$532.90 4/12/2007 IVERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.69 4/12/2007 1 75129 ITHE COMDYN GROUP INC 1CONSULTING SVCS -WK 3/29 0014070 44000 975.00 $975.00 4/12/2007 75130 ITHE WHOLE ENCHILADA INC JMTG SUPPLIES -GENERAL 0014090 42325 216.47 $216.47 4/12/2007 75131 IFERNANDO TORRES IRECREATION REFUND 001 34780 65.56F $65.00 4/12/2007 75132 ISTEVE TYE REIMB-NLC CONF 0014010 42330 88.00 $88.00 4/12/2007 75133 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 10,986.67 $19,957.60 4/12/2007 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-LORBEER 0015340 45300 3,727.36 4/12/2007 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,243.57 4/12/2007 75134 IVANGUARD VAULTS LA INC JDATA STORAGE SVCS -APR 07 0014070 1 45000 1 565.001 $565.00 4/12/2007 75135 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 89.69 $1,726.92 4/12/2007 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 34.13 4/12/2007 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 1,237.72 4/12/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 246.00 4/12/2007 VERIZON CALIFORNIA PH.SVCS-REAGAN PK 0015340 42125 89.69 4/12/2007 IVERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.69 4/12/2007 75136 WALNUT/DIAMOND BAR SHERIFF'S MTG-COUNCIL 0014010 1 42325 1 30.001 $30.00 Page 8 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 4/12/2007 75137 IWELLS FARGO BANK NAT LEAGUE CONF-COUNCIL 0014010 42330 1,016.001 $1,016.00 4/12/2007 75138 IWEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 64.26 $64.26 4/12/2007 75139 IPAUL WRIGHT A/V SVCS -P/C, CNCL MTG, 0014090 44000 315.00 $315.00 4/12/2007 75140 JDAN XIE IRECREATION REFUND 001 34780 45.00 $45.00 4/12/2007 75141 YOSEMITE WATER EQ RENTAL-SYC CYN PK 0015310 42130 13.25 $56.75 4/12/2007 1 YOSEMITE WATER WATER SUPPLIES-SYC CYN PK 0015310 1 41200 43.50 $3,650.00 4/12/2007 75142 JBILL ZACHER IRECREATION REFUND 001 34780 100.00 $100.00 4/19/2007 1 ARAMARK WORK APPAREL & UNIFORM SVCSUNIFORM SVCS -WK 4/05 0015310 42130 26.75 $3,650.00 4/19/2007 75143 JADVANCED APPLIED ENGINEERING INC JENGINEERING SVCS -FEB 07 1 2505310 1 46420 1 6,730.401 $6,730.40 4/19/2007 75144 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-MAR 07 1 0015551 1 45222 810.001 $810.00 4/19/2007 75145 IVARALAKSHMIAKULA IRECREATION REFUND 1 001 1 34780 1 55.00 $55.00 4/19/2007 75146 AMERIMARK DIRECT PROMO ITEMS -RECYCLE 1155516 41400 498.00 $498.00 4/19/2007 75147 JARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 4/12 0015310 1 42130 26.75 $53.50 4/19/2007 1 ARAMARK WORK APPAREL & UNIFORM SVCSUNIFORM SVCS -WK 4/05 0015310 42130 26.75 $3,650.00 I 4/19/2007 i 75148 IAT & T PH.SVCS-GENERAL 1 0014040 1 49125 1 -100.00 $23 4/19/2007 75149 AWESOME EVENTS RIDES -CITY B/DAY CELEB 0015350 1 42353 1 3,650.001 $3,650.00 4/19/2007 75150 VIVEK BABTIWALE PROPERTY DAMAGE -DBC 001 36810 -100.00 $700.00 4/19/20 75152 IVIVEK BABTIWALE PK REFUND -DBC 001 23002 800.00 $100.00 4/19/2007 1 75151 ILINDA BAILER RECREATION REFUND 1 001 1 34730 36.001 $36.00 4/19/2007 75152 ITERESA BARRERA PK REFUND -DBC 1 001 23002 100.00 $100.00 4/19/2007 75153 IBEAR STATE AIR CONDITIONING SVCS IN SUPPLIES -DBC 1 0015333 42210 1 169.00 $169.00 Page 9 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 4/19/2007 4/19/2007 4/19/2007 75161 CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -DBC 0015333 0015333 0015333 41200 41200 41200 35.01 139.10 1 200.80 $374.91 Check Date 15n Vendor Name PK REFUND-REAGAN PK Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2007 4/19/2007 IMICHELLE CHO MARION BELL 001 ENTERTAINMENT -SR TEA 0015350 45300 100.00 4/19/2007 75165 $100.00 DEP-DAY CAMP EXCURSION 4/19/2007 75155 BENESYST 4/20/07-P/R DEDUCTIONS 001 21105 381.911 ICOMLOCK SECURITY GROUP $381.91 4/19/2007 75156 BEST LIGHTING PRODUCTS BEE REMOVAL-SYC CYN PK 0015340 42210 130.00 JENGRAVING SVCS -NAME PLATE $900.83 42110 4/19/2007 BEST LIGHTING PRODUCTS IMAINT SVCS-SYC CYN PK 0015340 42210 770.83 4/19/2007 75157 SAMUEL BETANCOURT jPK REFUND -DBC 001 23002 700.00 $700.00 4/19/2007 75158 BRAHMA FOUNDATION 1COMMUNITY ORG SUPPORT FND 1 0114010 1 42355 500.00 $500.00 4/19/2007 75159 CAROLE J BURNES IPETTING ZOO -CITY B/DAY1 0015350 1 42353 1,525.0—OF $1,525.00 4/19/2007 75160 ICARNIVAL SERVICES ICARNIVAL RIDES-B/DAY CELE 1 0015350 1 42353 2,915.00 $2,915.00 4/19/2007 4/19/2007 4/19/2007 75161 CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -DBC 0015333 0015333 0015333 41200 41200 41200 35.01 139.10 1 200.80 $374.91 1. 4/19/2007 75162 ICENTER ICE SKATING ARENA DEP-DAY CAMP EXCURSION 0015350 42410 100.001 $100.00 4/19!2007 75163 ALICE CHO PK REFUND-REAGAN PK 001 23002 50.001 50.00 150.00 $50.00 4/19/2007 75164 IMICHELLE CHO PK REFUND -DBC 001 23002 600.001 $600.00 4/19/2007 75165 JCUMBX INDOOR ROCK CLIMBING DEP-DAY CAMP EXCURSION 0015350 42410 50.001 $50.00 4/19/2007 75166 ICOMLOCK SECURITY GROUP SUPPLIES -PARKS 0015340 42210 83.40 $83.40 4/19/2007 75167 jCRbWN GRAPHICS JENGRAVING SVCS -NAME PLATE 1 0015510 42110 21.601 $21.60 4/19/2007 4/19/2007 75168 DAVID EVANS AND ASSOCIATES INC DAVID EVANS AND ASSOCIATES INC CONSULTANT SVCS-LORBEER CONSULTANT SVCS -TMP 2505510 0015310 46420 44300 11,180.00 6,214.00 $17,394.00 4/19/2007 1 4/19/2007 75169 DENNIS CAROL DENNIS CAROL PROF.SVCS-PLNG COMM 1PROF.SVCS-PLNG COMM 0015210 0015210 1 1 44000 44000 50.00 150.00 $200.00 Page 10 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description L__ Fund/ Dept Acct # Amount 4/19/2007. 75170 DEPARTMENT OF CONSERVATION SMIP FEES -JAN - MAR 07 001 j 75172 34350 1,323.25 Total Check Amount $1,323.25 4/19/2007 I 75171 JDH MAINTENANCE ADDL MAINT-HERITAGE PK 10 1 42210 �v 1,113.751 63.99 400.001 $400 VV 4/19/2007 75172 IDIAMOND BAR COMMUNITY PRESCHOOL JPK REFUND -DBC 001 1 23002 4/19/2007 4/19/2007 500.001 $500.00 4/19/2007 4/19/2007 75173 DIAMOND BAR HAND CAR WASH DIAMOND BAR HAND CAR WASH CAR WASH-P/WORKS CAR WASH-NGHBRHD IMP 0015554 0015230 42200 1,113.751 63.99 $182.21 4/19/2007 JEDUCATION TO GO EXCEL LANDSCAPE IFEDEX IGRAFFITI CONTROL SYSTEMS DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 42200 22.98 4/19/2007 4/19/2007 1GRAPHICS UNITED DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 84.25 10.99 4/19/2007 4/19/2007 I 75174 DIAMOND BAR HILLS CLUB FACILITY RENTAL -WINTER 50 42140 1,113.751 $1,113.751 4/19/2007 4/19/2007 4/19/2007 4/19/2007 75175 75176 75177 75178 JEDUCATION TO GO EXCEL LANDSCAPE IFEDEX IGRAFFITI CONTROL SYSTEMS ICONTRACT CLASS -WINTER ADDL MAINT-DIST 38 EXPRESS MAIL -GENERAL IGRAFFITI REMOVAL SVCS -MAR 0015350 1385538 0014090 0015230 45320 42210 42120 45520 364.00 67.801'$67.80 48.25 7,110.001 $364.00 $48.25 $7,110.00 4/19/2007 75179 1GRAPHICS UNITED PRINT SVCS -NEWSLETTER APR 0014095 44000 3,342.76 $3,342.76 4/19/2007 75180 ILINDA GRICHER RECREATION REFUND 001 34730 36.00 $36.00 -293.75 4/19/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 05-476 001 23012 4/19/2007 75181 IPATRICIA HAKIM RECREATION REFUND 001 34780 1 60.00 $60.00 4/19/2007 4/19/2007 75182 HALL & FOREMAN, INC. HALL & FOREMAN, INC. PROF.SVCS-EN 05-476 ADMIN FEE -EN 05-476 001 23012 293.75 $2,665.00 4/19/2007 HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK 001 0015551 34650 45223 -185.00 750.00 4/19/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 05-476 001 23012 1,175.00 4/19/2007 HALL & FOREMAN, INC. PROF -SVCS -EN 05-476 001 34650 -293.75 4/19/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 05-476 001 23012 740.00 4/19/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 05-476 001 23012 185.00 4/19/2007 75183 IJEREMY HANNA PK REFUND-PANTERA PK 001 23002 50.001 $50.00 Page 11 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 1,22T93F Amount Total Check Amount 4/19/2007 4/19/2007 75184 HOT SHOTS ATHLETIC APPAREL INC HOT SHOTS ATHLETIC APPAREL INC SUPPLIES -RECREATION SUPPLIES -RECREATION 0015350 0015350 41200 41200 1,119.74 151.33 $1,271.07 /19/2007 I 75185 (IMPRESSIONS GOURMET CATERING CORP ICATERING SVCS -OPEN HOUSE 1 0015240 1 44000 1,22T93F $1,225.93 4/19/2007 75186 JIMPRESSIONS GOURMET CATERING CORP ICATERING SVC -STATE OF CTY 1 0014095 44000 2,634.49 $2,634.49 4/19/2007 75187 JINLAND EMPIRE MAGAZINE AD -APR 2007 0014095 1 42115 1,095.00 $1,095.00 4/19/2007 75188 JINLAND ROUNDBALL OFFICIALS 1OFFICAL SVCS -APR 070015350 45300 680.00 $680.00 4/19/2007 75189 INT'L COUNCIL OF SHOPPING CENTERS IMEMBERSHIP DUES -M ROA 1 0014095 42315 50.001$50.00 4/19/2007 75190 J A BLASH SHOWS INC ITICKET BOOTHS-B/DAY CE LEB 0015350 42353 400.00 $400.00 4/19/2007 75191 IJ STAAL STORAGEICONTAINER SUPPLIES -CONCERT IN PK 0015340 46250 2,385.88 $2,385.88 4/19/2007 75192 IJAMES EVENT PRODUCTION INCRIDES-CITY B/DAY CELEB 1 0015350 42353 3,400.00 $3,400.00 4/19/2007 75193 IJUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN -MAR 1 0014411 45405 623.401 $623.40 4/19/2007 75194 ITINA KAO IRECREATION REFUND 1 001 34780 105.001 $105.00 4/19/2007 75195 IMARINA KAYABAN IRECREATION REFUND 1 001 34780 40.001 $40.00 4/19/2007 75196 IKENS HARDWARE SUPPLIES -ROAD MAINT 1 0015554 41300 56.35 $56.35 4/19/2007 1 75197 IDORA KLEIN IRECREATION REFUND 1 001 34730 36.00 $36.00 4/19/2007 75198 ILAE ASSOCIATES INC PROF. SVCS -MAR 07 0015551 45221 1,600.00f $1,600.00 4/19/2007 75199 LINH LAM PK REFUND-PANTERA 001 1 23002 100.00 $100.00 4/19/2007 4/1912007 4/19/2007 4/19/2007 75200 LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-556 PROF.SVCS-EN 06-544 PROF.SVCS-EN 06-543 ADMIN FEE -EN 06-544 001 001 001 001 34650 23012 23012 23012 -231.57 445.00 529.78 73.97 $2,672.20 Page 12 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2007 4/19/2007 4/19/2007 4/19/2007 4/19/2007 4/19/2007 4/19/2007 4/19/2007 75200... ILEIGHTON LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. & ASSOCIATES, INC. ADMIN FEE -EN 06-544 ADMIN FEE -EN 07-556 ADMIN FEE -EN 06-544 ADMIN FEE -EN 06-544 PROF.SVCS-EN 06-544 PROF.SVCS-EN 07-556 ADMIN FEE -EN 06-543 ADMIN FEE -EN 06-543 001 001 001 001 001 001 001 001 34650 23012 23012 34650 23012 23012 23012 34650 -73.97 231.57 80.10 -80.10 410.92 1,286.50 95.36 -95.36 339.65 $2,672.20 ... 4/19/2007 75201 1HANNAH LIU RECREATION REFUND 001 34780 105.001- 05.00 $376,488.19 $105.00 14/19/2007 75202 ILOS ANGELES COUNTY PUBLIC WORKS 1INDUSTRIAL WASTE -JAN 07 1 0015510 45530 339.65 $339.65 4/19/2007 1 75203 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -MAR 07 0014411 1 45401 9,224.11 $376,488.19 4/19/2007 4/19/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -MAR 07 0014411 45401 367,264.08 314.16 4/19/2007 75204 JALICE E LYONS BALLOONS -CITY B/DAY CELEB 0015350 1 42353 1 1,847.831-$1,847.83 $317.76 4/19/2007 4/19/2007 75205 IMERCURY DISPOSAL SYSTEMS INC RECYCLING SVCS -BATTERIES 1155515 j 44000 1 314.16 $314.16 4/19/2007 75206 IMOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015333 41200 52.RF $52.80 4/19/2007 75207 JAMY MOODY PK REFUND -MAPLE HILL 001 1 23002 50.00 $50.00 4/19/2007 75208 1OFFICE MAX SUPPLIES -COMM SVCS 0015350 1 41200 95.44 $9_5,44 4/19/2007 75209 JOLYMPIC STAFFING SERVICES TEMP SVCS -WK 4/1 0015310 44000 158.88 $317.76 4/19/2007 4/19/2007 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 3/18 0015310 44000 158.88 596.001 4/19/2007 75210 JORKIN PEST CONTROL INC GOPHER CONTROL -DIST 38 1385538 42210 55.00 $110.00 4/19/2007 4/19/2007 ORKIN PEST CONTROL INC GOPHER CONTROL-SYC CYN 0015340 422101 55.00 596.001 4/1 IRECREATION REFUND 001 34730 36.001 $36.00 4/19/2007 75212 1PARTITION SPECIALITES INC MAINT-DBC 0015333 T 42210 596.001 $596.00 4/19/2007 75213 IPERS HEALTH MAY 07 -HEALTH INS PREMS 1 0014090 1 40086 161.60 $24,495.55 Page 13 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Amount Total Check Amount 113.20 24,220.75 $24,495.55... 4/19/2007 75216 IPIPER JAFFRAY BOND REMRKTNG FEE -JAN -MAR 0014090 1 42129 4,093.151 $4,093.15 4/19/2007 75218 INADINE QUIROZ PK REFUND-REAGAN PK 001 42325 23002 50.00 $50.00 4/19/2007 4/19/2007 75219 IR F DICKSON COMPANY STREET SWEEPING SVCS -MAR 0015554 45501 1 309.28 9,323.441 $9,323.44 4/19/2007 75220 RALPHS GROCERY/FOOD 4 LESS SUPPLIES-B/DAY CELEB 0015350 42353 63.001 $63.00 4/19/2007 75222 SAN GABRIEL VALLEY COUNCIL OF GOVT SGVCOG MTG-LIU & YEE 0015510 42325 40.00 $40.00 4/19/2007 75223 ISASAKI TRANSPORTATION PRORSVCS-LEMON ST 0015551 45221 309.28 $309.28 4/19/2007 75225 ROOPA SHAH RECREATION REFUND 001 34780 60.001 $60.00 4/19/2007 75226 JASON SINOHUE —ILPK REFUND -DBC 001 23002 550.00 $530.00 4/19/2007 JASON SINOHUE PROPERTY DAMAGE -DBC 001 36810 -20.00 Page 14 Acct # Amount City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 ECO DEV SVCS -JAN 07 41200 356.96 $356.96 TMG COMMUNICATIONS INC ECO DEV SVCS -FEB 07 0014030 44000 4/19/2007 0015340 TMG COMMUNICATIONS INC ECO DEV SVCS -MAR 07 0014030 44000 Check Date CheZNumber Vendor Name Transaction Description 4/19/2007 Fund/ Dept VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER 0015340 42210 4/19/2007 SMART & FINAL SUPPLIES -SR BINGO 0015340 0015350 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC 4/19/2007 75228 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER 0015340 42126 634.06 $634.06 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-DBC 0015333 42210 4/19/2007 4/19/2007 75229 SPORT PINS INTERNATIONAL INC PROMO ITEMS-B/DAY PINS 0014095 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC 41400 863.00 $863.00 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SUMMITRIDE 0015340 4/19/2007 75230 ALVIN E STINGLEY D.J-YOUTH DANCE 0015350 45300 250.001$250.00 4/19/2007 75231 SUNGARD PENTAMATION TRNG-MAGNUSON 0014050 42340 150.00 $150.00 4/19/2007 75232 THE KOSMONT COMPANIES CONSULTANT SVCS -S/P OINTE 0015240 44000 6,261.64 $6,261.64 Acct # Amount Total Check Amount ECO DEV SVCS -JAN 07 41200 356.96 $356.96 4/19/2007 75233 TMG COMMUNICATIONS INC ECO DEV SVCS -JAN 07 0014030 44000 4/19/2007 42120 42120 TMG COMMUNICATIONS INC ECO DEV SVCS -FEB 07 0014030 44000 4/19/2007 0015340 TMG COMMUNICATIONS INC ECO DEV SVCS -MAR 07 0014030 44000 2,794.31 $35,641.42 27,800.00 5,047.11 4/19/2007 75234 TRANE SERVICE GROUP A/C MAINT-DBC 0015333 4, 849.00 $849.00 4/19/2007 4/19/2007 75235 UNITED STATES POSTAL SERVICE UNITED STATES POSTAL SERVICE RENEWAL -STANDARD MAIL RENEWAL -FIRST CLASS 0014095 0014095 42120 42120 4/19/2007 4/19/2007 75236 VALLEY CREST LANDSCAPE MAINT INC VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-DBC ADDL MAINT-PETERSON PK 0015333 0015340 42210 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SUMMITRIDE 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-DBC 0015333 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 4/19/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SUMMITRIDE 0015340 42210 Page 15 160.00 $320.00 160.00 -162.17 $0.00 -320.73 320. -215. -157. 450.0 162.1 215.0 157.2 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2007 75237 VANTAGEPOINT TRNSFR AGNTS-303248 4/20/07-P/R DEDUCTIONS 001 21108 5,070.51 $5,070.51 4/19/2007 75238 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 50.60 $0.00 4/19/2007 75243 VERIZON CALIFORNIA PH.SVCS-PETERSON PK 0015340 42125 89.69 $4,326.50 4/19/2007 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 -94.85 4/19/2007 VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACIS 1185098 42125 -96.21 4/19/2007 VERIZON CALIFORNIA PH.SVCS-DIST 38 1385538 42126 -77.61 4/19/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42126 -4,576.51 4/19/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 -24.67 4/19/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 -50.60 4/19/2007 VERIZON CALIFORNIA PH.SVCS-PETERSON PK 0015340 42125 -89.69 4/19/2007 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 -89.69 4/19/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 24.67 4/19/2007 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 94.85 4/19/2007 VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACIS 1185098 42125 96.21 4/19/2007 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 89.69 4/19/2007 VERIZON CALIFORNIA PH.SVCS-DIST 38 1385538 42126 77.61 4/19/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42126 4,576.51 4/19/2007 I 75239 ISURESH VERMA RECREATION REFUND 1 nm 34730 1 36.001 $36.001 4/19/2007 75240 WALNUT HILLS FIRE PROTECTION CO EXT MAINT-DBC 0015333 42210 99.74 $528.91 4/19/2007 75243 WALNUT HILLS FIRE PROTECTION CO EXT MAINT-EOC TRAILER 0014440 42200 143.05 $4,326.50 4/19/2007 WALNUT HILLS FIRE PROTECTION CO EXT MAINT-CITY PARKS 0015340 42210 143.06 4/19/2007 WALNUT HILLS FIRE PROTECTION CO EXT MAI NT -CITY VEH 0014090 42200 143.06 4/19/2007 75241 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 3,711.89 $29,054.97 4/19/2007 75243 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 8,666.69 $4,326.50 4/19/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 172.98 4/19/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 873.84 4/19/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 12,275.17 4/19/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 3,354.40 4/19/2007 I 75242 WALNUT/DIAMOND BAR SHERIFF'S ANNL MTG COUNCIL 0014010 1 42325 1 30.001 4/19/2007 1 75243 IWARREN SIECKE PROF.SVCS-DBB/GRAND 2505510 1 R46412 620.80 $4,326.50 Page 16 4/19/2007 11 City of Diamond Bar - Check Register 04/12/07 thru 04/25/07 SUPPLIES -DBC Check Number Vendor Name SUPPLIES -PARKS 0015333 41200 Check Date 0015340 42210 Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2007 75243... WARREN SIECKE PROF.SVCS-G/SPRINGS 0015350 41200 17.15 $35.52 SUPPLIES -COMM SVCS 4/19/2007 41200 WARREN SIECKE 4/19/2007 2505510 R46412 620.80 $4,326.50 4/19/2007 4/19/2007 TRNG-R MCCLEAN WARREN SIECKE PROF. SVCS -GRAND AVE 0015551 45222 WELLS FARGO BANK 1,222.50 ... 42335 4/19/2007 4/19/2007 WARREN SIECKE PROF. SVCS-DBB/S BULLET 2505510 R46412 41.33 620.80 WELLS FARGO BANK SUPPLIES -COMM SVCS 4/19/2007 41200 WARREN SIECKE PROF.SVCS-DBB/MT LAUREL 2505510 R46412 0015350 620.80 a6n nn PROF.SVCS-DBB/H VALLEY 2505510 R46412 620.Rn 4/19/2007 11 75244 WAXIE SANITARY SUPPLY SUPPLIES -DBC 4/19/2007 WAXIE SANITA SANITARY SUPPLY SUPPLIES -PARKS 0015333 41200 1,332.31 $1,557.13 0015340 42210 224,82 4/19/2007 75245 WELLS FARGO BANK SUPPLIES -COMM SVCS 4/19/2007 WELLS FARGO BANK 0015350 41200 17.15 $35.52 SUPPLIES -COMM SVCS 0015350 41200 18.37 4/19/2007 75246 WELLS FARGO BANK NLC CONF-R MCCLEAN 4/19/2007 WELLS FARGO BANK TRNG-R MCCLEAN 0014030 42330 1,129.98 $2,243.13 4/19/20070014030 WELLS FARGO BANK 42335 537.30 4/19/2007 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 41.33 4/19/2007 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 184,52 SUPPLIES -COMM SVCS 0015350 41200 a6n nn $1,391,039.26 Page 17 CITY COUNCIL TO: Honorable Mayor and Members of e City Council VIA: James DeStefano, City Man e —)p TITLE: Treasurer's Statement – March 200 RECOMMENDATION: Approve. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # s e 4 Meeting Date: May 1, 2007 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the March cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director J Finance D re for Attachments: Treasurer's Statement, Investment Portfolio Report -W Assistant anager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 2007 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 esti ted a en res. James DeStefano, reasurer BEGINNING BALANCE RECEIPTS DISBURSEMENTS TRANSFERS IN OUT ENDING BALANCE GENERAL FUND LIBRARY SERVICES FUND $29,484,110.40 865,786.02 $1,962,655.45 ($113,021.77) $28,274,219.20 COMMUNITY ORG SUPPORT FD 0.00 817.32 96200 0.00 GAS TAX FUND TRANSIT TX (PROP A) FD 339,047.64 168,968.85 1,254,922.97 . (4,000.00) (144.68) 504,016.49 TRANSIT TX (PROP C) FD 145,736.11 1,716,986.82 63,647.12 70,000.05 1,330,659.03 ISTEA Fund 0.00 1,066,604.64 (23441393) ,. (1,066,604.64) 1,546,220.01 INTEGRATED WASTE MGT FD 453,553.82 9,128.20 23,848.77 0.00 A62928 -TR CONGESTION RELIEF FD 437,471.63 438,833.25 AIR QUALITY IMPRVMNT FD 80,179.29 16,642.32 4,757.24 437,471 .63 TRAILS & BIKEWAYS FD (41,090.00) 2,853.00 32,471 37 PARK FEES FD 133,647.09 21,750.00 (38.237.00) PROP A - SAFE PARKS ACT FUND(2,016. 155,397.09 PARK &FACILITIES DEVEL. FD 1,726,911.6565 (2,016.41)(1,600.00) COM DEV BLOCK GRANT FD (35,422.51) 50,196.00 41,233.19 1,725,311.65 CITIZENS OPT -PUBLIC SAFETY FD 185,263.23 (26,459.70) NARCOTICS ASSET SEIZURE FD 330,686.06 185,263.23 CA LAW ENFORCEMENT EQUIP PRGI 75,664.46 330,686.06 LANDSCAPE DIST #38 FD 36,142.87 20,956.49 75,664.46 LANDSCAPE DIST #39 FD 104,007.40 13,994.66 15,186.38 LANDSCAPE DIST #41 FD 90,766.15 7,349.74 90,012.74 GRAND AV CONST FUND 0.00 83,416.41 CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND (2,790,090.97) 420,011.89 1,354,337.70 0.00 (1,855,765.16) EQUIPMENT REPLACEMENT FUND 1,379,236.01 168,507.57 1,188.00 1,378,048.01 COMPUTER REPLACEMENT FUND 93,811.20 168,507.57 PUBLIC FINANCING AUTHORITY FUNI 210,343.52 608.66 TOTALS 37,213.93 65,302.64 93,811.20 239,040.89 $35,433,457.21 $2411 920.92 $22604-17114 $0.00 $35.241206.72 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($925,882.36) PAYROLL ACCOUNT 41,466.41 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($883,165.95) INVESTMENTS: US TREASURY Money Market Acct. $1,608,085.29 LOCAL AGENCY INVESTMENT FD 24,277,246.49 FED HOME LOAN BANK NOTES 10,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 239,040.89 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS $36,124,372.67 TOTAL CASH $35,241,206.72 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's esti ted a en res. James DeStefano, reasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of March 2007 Institution Investment Type Rating Purchase Date Maturity Date Term Amount At Cost Current Par / Original Par Fair Market Value Curr Month Interest Received Rate State of California Local Agency Inv Fund AAA 24,277,246.49 24,270,387.66 - 5.170% Wells Fargo Bank US Treasury Money Market AAA $1,608,085.29 1,608,085.29 862.84 4.344% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 239,040.89 239,040.89 602.79 5.040% Wells Fargo Inst Securities Federal Home Loan Note AAA 10/20/05 04/20/07 1.5 Yr 1,000,000 1,000,000 999,400.00 - 4.250% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/09/05 05/09/07 1.5 Yrs 1,000,000 1,000,000 999,200.00 - 4.600% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 2.0 Yrs 1,000,000 1,000,000 995,600.00 - 4.350% Wells Fargo Inst Securities Farm Credit Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000 1,000,000 994,700.00 - 4.540% Wells Fargo Inst Securities Fannie Mae Note AAA 01/12/07 01/12/09 2.0 Yrs 1,000,000 1,000,000 999,500.00 5.375% Wells Fargo Inst Securities Federal Home Loan Note AAA 02/08/07 02/02/09 2.0 Yrs 1,000,000 1,000,000 998,600.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 03/05/07 03/05/09 2.0 Yrs 1,000,000 1,000,000 1,000,000.00 5.450% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/07/06 05/07/09 2.5 Yrs 1,000,000 1,000,000 999,400.00 5.460% Wells Fargo Inst Securities Federal Home Loan Note AAA 12/29/06 06/29/09 2.5 Yrs 1,000,000 1,000,000 998,100.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/14/06 08/14/09 2.75 Yrs 1,000,000 1,000,000 999,400.00 5.510% Wells Fargo Inst Securities Farm Credit Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000 1,000,000 Matured 22,700.00 4.540% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 2.0 Yrs 1,000,000 1,000,000 Matured 21,750.00 4.350% Totals for month $ 38,124,372.67 $ 36,101,413.84 $ 45,915.63 Less Investments matured during the month (2,000,000.00) Total Investments: $ 36,124,372.67 2005-06 Actual Interest Income $1,307,302.01 2006-07 Budgeted Interest Income $857,500.00 Actual Year -To -Date Interest Income $863,091.70 Percent of Interest Received to Budget 100.652% Agenda # 6.5 (a) Meeting Date.: May 1, 2007 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: APPROPRIATE $37,660 OF GEN RAL FUND BALANCE RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2006-2007 AND AMEND PROFESSIONAL SERVICES CONTRACT WITH DMS CONSULTANTS, INC. FOR WASHINGTON STREET CUL-DE-SAC IMPROVEMENT PROJECT IN THE AMOUNT OF $34,160, PLUS A CONTINGENCY AMOUNT OF $3,500 FOR A TOTAL AUTHORIZATION OF $37,660. RECOMMENDATION: Appropriate, Approve and Amend Contract. FISCAL IMPACT: In FY 2005-2006, $17,150.00 was appropriated with a $2,000 contingency to the Capital Improvement Program budget for design services for the Washington Street Cul -De -Sac Improvement Project. The FY 2006-2007 Capital Improvement Program budget allocated a total of $100,000 from the Gas Tax Fund for construction and construction management services of the Improvement Project. Based on the bids received, the construction of the project is expected to cost approximately $110,000.00. Below is a table of existing funds allocated for the project and the expected cost to complete the project. Projected Cost to Completion Cost to (With Allocation/Budget Contingency Date contingencies) BALANCE FY 2005-2006 $17,590.00 Design $15,590.00 $2,000.00 $17,140.00 $0.00 $450.00 FY 2006-2007 $100,000.00 Construction Administration $34,160.00 $3,500.00 $0.00 $37,660.00 $62,340.00 Construction $109,120.00 $11,880.00 $0.00 $121,000.00 $58,660.00 BACKGROUND/DISCUSSION: On March 21, 2006, Council approved a contract with DMS Consultants, Inc. for design services of the Washington Street Cul -De -Sac Improvement Project. The scope of services included preparation of plans, specifications and engineering estimates. On April 4, 2007 DMS Consultants, Inc. submitted a proposal at the City's request for construction administration/staking services. The construction staking services include establishing centerline control, establish and verify ties for existing survey monuments, provide street stationing along curb, provide one set of stakes for curb, gutter, driveways, and subgrade, stake catch basins and junction structures, resetting survey monuments and filing corner records. The purpose of requesting construction staking services from the City's design engineer is to maintain the level of quality control that is required for this project. The project entails tying in to existing storm drains, relocating existing catch basins and working closely with the County of Los Angeles. The design engineer has a working knowledge of the plans that are essential in the construction staking of the project. The construction administration services include inspections services, administration services, preparation of weekly reports and as -built plans. The original design contract did not include any construction administration services. To provide continuity & consistency, staff recommends that DMS Consultants, Inc. provide the necessary construction administration/staking services. PREPARED BY: Kimberly Molina, Associate Engineer REVIEW)�Y2 David Liu, Director of Public Works Attachments: Contract Amendment for DMS Consultants, Inc. Proposal by DMS Dated April 4, 2007 2 AMENDMENT NO. 01 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 01 is made and entered into this 1St day of May 2007, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DMS CONSULTANTS, INC. (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 March 21, 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 construction staking and administration services for the Washington Street Cul - De -Sac Improvement 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 14, 2006 and Exhibit "B", dated April 4, 2007, for the design and construction administration services for the Washington Street Cul -De -Sac Improvement 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 $34,160 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: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye A. Cribbins, City Clerk DATE: Steve Tye, Mayor CITY COUNCIL Agenda # 6 , 5 (b) Meeting Date: May], 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man W9 TITLE: APPROPRIATE $21,000 OF GE ERAL FUND BALANCE RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2006-2007; APPROVE PLANS AND SPECIFICATIONS; AND AWARD THE CONSTRUCTION CONTRACT FOR THE WASHINGTON STREET CUL-DE-SAC IMPROVEMENT PROJECT TO DREAMBUILDER IN THE AMOUNT OF $109,120.00; AND AUTHORIZE A CONTINGENCY AMOUNT OF $11,880.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $121,000. RECOMMENDATION: Appropriate, approve, and award. FISCAL. IMPACT: As part of the FY 2006-07 Capital Improvement Program, $100,000 of Gas Tax Funds was budgeted for the construction of the Washington Street Cul -De -Sac Improvement Project. To fully construct the Washington Street Cul -De -Sac Improvement Project at a cost of $121,000 (with a contingency amount of $11,880), a General Fund amount of $21,000 is required. The lowest responsive bid received was $5,880 lower than the Engineer's Estimate of $115,000. Below is a table of existing funds allocated for the project and the expected cost to complete the project. Projected Cost to Completion Cost to (With Allocation/Budget Contingency Date contingencies) BALANCE FY 2005-2006 $17,590.00 Design $15,590.00 $2,000.00 $17,140.00 $0.00 $450.00 FY 2006-2007 $100,000.00 Construction Administration $34,160.00 $3,500.00 $0.00 $37,660.00 $62,340.00 Construction $109,120.00 $11,880.00 $0.00 $121,000.00 $58,660.00 BACKGROUND/DISCUSSION: Washington Street at its northeasterly terminus is the City of Diamond Bar's boundary with the City of Industry. With the recent construction of the Industry development within the vicinity of Washington Street, residents have voiced concerns of the potential for Washington Street to be opened up to through traffic. At this time, Washington's terminus is substandard. To complete improvements of the terminus and provide a "finished look" that will not be opened up to through traffic and to provide adequate turning area along the radius, a cul-de-sac will be constructed to engineering standards at the terminus. With the completion of the plans and specifications, the project was advertised for bids on March 16, 2007. On April 5, 2007, eight (8) bids were received, and the lowest responsible bidder was Dreambuilder. The bids received were as follows: Company Bid Amount 1. Dreambuilder $109,120.00 2. Wheeler Paving, Inc. $113,075.00 3. E.C. Construction $121,256.50 4. Gentry Brothers, Inc. $145,450.00 5. PG Corp $149,991.00 6. NIG Enterprises $163,847.00 7. Hanan Construction $173,600.00 8. Hardy & Harper, Inc. $185,675.00 Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and Dreambuilder has satisfactorily completed other public roadway improvement projects in other Southern California Cities. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer REVIEWED BY: r' David &. Liu, P.E. Director of Public Works May 1, 2007 May 21, 2007 July 20, 2007 Date Prepared: April 23, 2007 ATTACHMENTS: CONTRACTOR AGREEMENT PHOTO OF CURRENT CONDITION OF WASHINGTON STREET CONSTRUCTION PLANS -2- AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Dreambuilder hereinafter referred to as the "'CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Dreambuilder and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Washington Street Cul -de - Sac Improvement Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Washington Street Cul -de - Sac Improvement Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated March 2007 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated April 5, 2007, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Six 60 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum 1 imits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if' such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance: coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing; all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated April 5, 2007. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITfVESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 873436, Class A Dreambuilder 1361 E. Garten Drive Placentia, CA 92870 By: Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: STEVE TYE, MAYOR Date ATTEST: By: TOMMYE A. CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 714-646-3697 Emergency Phone at which CONTRACTOR can be reached at any time 714-423-5566 APPROVED AS TO FORM: CITY ATTORNEY Date 1. AL MEMO LABOR MD 1NTOWAO SNML REN OQWQWTY SM M RAMOA110 PEC01CAl1aM fIIR PIJKAC MCMMS (7000 [Dl,1d) Md ill .N.IlIIMh ,MZ 1.AlIM AI[ YMO,EICT sx Trn AMo All Yo 0prAwwY ca eaxs AND R[fAMIDIDIR PDIIYIfIIt m M PMoacT aaloMucTn1 R TNC OON70AM011 WALL WMWTMM 1MA"V N CONPORYM/CE WIN " PONSW SPCOO'CATOIIS AM OWL ~09 U HOW S WAM TO ROOM MOT" OMUTi AND WINTMN TWMIMIO OCNOM }, L=10015 Of O NUM SMA" UMI" NO iACUM W -KM M M KIN! 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SINDAY AND NOLDAYS a17D1MD 0T M CM. M 0010KC 00 LWAIM OF ANY UMOCRMOIWD UNITY 00 OM SlMJCMn *40 ON INM KOO V= MAID BY A RAA01 Of THE AVALANLI RIECOMDI AMMOYAL a/ *0 PLAN W M CITY OF NAMOND OAR 000 NOT CONFMN A WIVO NTA700 AS TO M AMAGOY OR OpMW M70 0P LOOATIOM OR W*X M oOTDIOE 011 MOM00011NOC air MY WOa1MOUND UTC2TY PR OS 01MIJCTNIC M11M TIC LJWTO ar TAN PMN[CT._ M OOMTIACYOR M RCOMMID TO TW A" PA PNMMITOIMT WARS TO PTAISCT TIC VTLTY UMS MMT MLDOMM OR 1OT OIOSM ON MESE PLMM, OOLTRAMOII AORM THAT NC SMALL AOMAa SOLE AM COYLM MEPOISSUTY rW " SIX CONWIMOMS OIMWM M MAW OP OOMTMAM M OF 10 PROJECT. 19UMIA SARTY FOR ALL P N0O16 AMD PROPOtT 6TNT 11i AEOINIY m $1SALL AWLY COIYMUOYOLr AID NOT BE LJ41RD TD NOIWAL W7MW0 NOM07 AND THAT M GONTWIPM OWL OUDID, OWWW" AND H" TMC OM AND M DWAM MAMR2M POS AMY NO ALL UANUTY, MAL ON AUJTG60. 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CASTE J +D CONSTRUCT Ammm sTRxxw EER SPPMC STD " 332-1, CASE I 10 CONSTRUCT B' PCC OVER MA17W ® CONSTRUCT TRICE NIL PER SPPW S70 PLAN 519-2 n PLANT s1- any F7MDE i(MlIr /arJSArr A..,11 --- P rc Q4 QI aeS-ap-Ino uolf paj4S 10 u01011pu03 vu�Eaa I .y, liAi llt n Mt" "Nf ..� , 771lf/ g•, j 1 CITY COUNCIL Agenda # 6.6 (a -e ) Meeting Date: May], 2007 AGENDA REPORT TO: Honorable Mayor and Memb4ro the City Council VIA: James DeStefano, City Man _\r TITLE: APPROVAL OF LEGISLATIVE SUBCOMMITTEE RECOMMENDATION TO SUPPORT AB 411 (EMMERSON), SB 708, SB 709, AND SB 710 (DUTTON) AND OPPOSE SB 964 (ROMERO) RECOMMENDATION: Approve. FISCAL IMPACT: There is no fiscal impact associated with approving the recommendations of the Legislative subcommittee. BACKGROUND / DISCUSSION: The Legislative Subcommittee meets with staff on a regular basis to discuss and analyze proposed legislation and its effects on the City. After reviewing the following bills, the subcommittee has recommended the following action be taken: • AB 411 (Emmerson) & SB 709 (Dutton) - These bills allow local agencies to submit additional local land use information to the California Dept. of Social Services for consideration prior to the establishment of a state licensed group home in a single-family residential neighborhood. Recommended Action: Support The attached resolution and letter of opposition will be sent to Assembly Member Emmerson, Senator Dutton, Joe A. Gonsalves & Son, and the League of California Cities. • SB 708 (Dutton) - Requires state licensed group homes with six or fewer residents to obtain a conditional use permit (CUP) from their host local agency. Recommended Action: Support The attached resolution and letter of support will be sent to Senator Dutton, Joe A. Gonsalves & Son„ and the League of California Cities. • SB 710 (Dutton) -Requires operators of a state licensed group home to obtain a letter of support from the home's host county. Recommended Action: Support The attached resolution and letter of support will be sent to Senator Dutton, Joe A. Gonsalves & Son, and the League of California Cities. • SB 964 (Romero) — Makes significant changes to the Brown Act, effectively limiting communication between agency staff and legislative bodies to travel arrangements and delivery of agenda/meeting materials. Reduces efficiency and promptness of information from staff to elected officials. Recommended Action: Oppose The attached resolution and letter of support will be sent to Senator Romero, Joe A. Gonsalves & Son, and the League of California Cities. Prepared by: Ryan Lean, tenior Management Analyst Attachments: David Doyle, Assist t City Manager 1. Resolution and letter in support of AB 411 (Emmerson) to Assembly Member Emmerson, copied to Joe A. Gonsalves & Son, and the League of California Cities. 2. Resolution and letter in support of SB 709 (Dutton) to Senator Dutton, copied to Joe A. Gonsalves & Son, and the League of California Cities. 3. Resolution and letter in support of SB 708 (Dutton) to Senator Dutton, copied to Joe A. Gonsalves & Son, and the League of California Cities. 4. Resolution and letter in support of SB 710 (Dutton) to Senator Dutton, copied to Joe A. Gonsalves & Son, and the League of California Cities. 5. Resolution and letter in opposition to SB 964 (Romero) to Senator Romero, copied to Joe A. Gonsalves & Son, and the League of California Cities. RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AB 411 (EMMERSON), WHICH PERMITS A LOCAL AGENCY TO SUBMIT ADDITIONAL LOCAL LAND USE INFORMATION TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR CONSIDERATION PRIOR TO THE ESTABLISHMENT OF A STATE LICENSED GROUP HOME IN A SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD WHEREAS, local agencies throughout California host state -licensed residential care facilities, many in single-family residential neighborhoods; and WHEREAS, those facilities housing six or less residents are not required to obtain a conditional use permit (CUP) from the host agency, limiting the control and oversight of local agencies and officials; and WHEREAS, the decision to place and permit such facilities in these locations is made by the state, often without the knowledge of local agencies and the residents of the hosting neighborhoods; and WHEREAS, the safety and security of local agencies and neighborhood residents must be represented when locating these facilities; and WHEREAS AIB 411 allows local agencies to submit additional local land use information and documents to the California Department of Social Services for review and consideration prior to the placement of a residential care facility in a single-family residential neighborhood; and WHEREAS, AB 411 is a positive first step in restoring local control over our single-family residential neighborhoods NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS AB 411 (Emmerson). SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to SUPPORT AB 411 (Emmerson). SECTION 3 'That certified copies of the resolution be circulated to the following: Assembly Member Emmerson League of California Cities Joe A. Gonsalves & Son PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF MAY, 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 1St day of May, 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 May 1, 2007 Honorable Assembly Member Bill Emmerson State Capitol, Room 4158 Sacramento, CA 95814 RE: CITY OF DIAMOND BAR SUPPORT OF AB 411 Dear Assembly Member Emmerson: Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, AB 411. The subcommittee recommended to the full City Council that they support AB 411. Subsequently, on May 1, 2007, the Diamond Bar City Council voted to support the bill. Local agencies such as cities and counties host thousands of state licensed residential care facilities in single-family residential neighborhoods across the state. Unfortunately, these governing agencies have little to no control over the placement and operation of such facilities. AB 411 is a positive first step in gaining back control over what goes on in our local neighborhoods. By allowing local agencies to submit more complete land use information, the Department of Social Services is better equipped to make decisions on the appropriate placement of residential care facilities in residential neighborhoods. This information and input is invaluable and can provide for increased levels safety and security for homeowners and care facilities alike. For these reasons, the City of Diamond Bar supports AB 411 Sincerely, Steve Tye Mayor CC: City Council/CM/ACM Joe A. Gonsalves & Son League of California Cities RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING SB 709 (DUTTON), WHICH PERMITS A LOCAL AGENCY TO SUBMIT ADDITIONAL LOCAL LAND USE INFORMATION TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR CONSIDERATION PRIOR TO THE ESTABLISHMENT OF A STATE LICENSED GROUP HOME IN A SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD WHEREAS, local agencies throughout California host state -licensed residential care facilities, many in single-family residential neighborhoods; and WHEREAS, those facilities housing six or less residents are not required to obtain a conditional use permit (CUP) from the host agency, limiting the control and oversight of local agencies and officials; and WHEREAS, the decision to place and permit such facilities in these locations is made by the state, often without the knowledge of local agencies and the residents of the hosting neighborhoods; and WHEREAS, the safety and security of local agencies and neighborhood residents must be represented when locating these facilities; and WHEREAS SIB 709 allows local agencies to submit additional local land use information and documents to the California Department of Social Services for review and consideration prior to the placement of a residential care facility in a single-family residential neighborhood; and WHEREAS, ESB 709 is a positive first step in restoring local control over our single-family residential neighborhoods NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS SB 709 (Dutton). SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to SUPPORT SB 709 (Dutton). SECTION 3 'That certified copies of the resolution be circulated to the following: Sentor Dutton League of California Cities Joe A. Gonsalves & Son PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF MAY, 2007. Steve Tye, Mayor I, Tommye Ciribbins, 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 1 st day of May, 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 May 1, 2007 The Honorable Senator Bob Dutton State Capitol, Room 5094 Sacramento, CA 95814 RE: CITY OF DIAMOND BAR SUPPORT OF SB 709 Dear Senator Dutton: Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, SB 709. The subcommittee recommended to the full City Council that they support SB 709. Subsequently„ on May 1, 2007, the Diamond Bar City Council voted to support the bill. Local agencies such as cities and counties host thousands of state licensed residential care facilities in single-family residential neighborhoods across the state. Unfortunately, these governing agencies have little to no control over the placement and operation of such facilities. SB 709 is a positive first step in gaining back control over what goes on in our local neighborhoods. By allowing local agencies to submit more complete land use information, the Department of Social Services is better equipped to make decisions on the appropriate placement of residential care facilities in residential neighborhoods. This information and input is invaluable and can provide for increased levels safety and security for homeowners and care facilities alike. For these reasons, the City of Diamond Bar supports SB 709. Sincerely, Steve Tye Mayor CC: City Ccluncil/CM/ACM Joe A. Gonsalves & Son League of California Cities RESOLUTION NO. 2007 -XX A (RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING SB 708 (DUTTON), WHICH REQUIRES A STATE LICENSED RESIDENTIAL CARE FACILITY WITH SIX OR FEWER RESIDENTS TO OBTAIN A CONDITIONAL USE PERMIT FROM THE HOSTING LOCAL AGENCY WHEREAS, local agencies throughout California host state -licensed residential care facilities, many in single-family residential neighborhoods; and WHEREAS, those facilities housing six or less residents are not required to obtain a conditional use permit (CUP) from the host agency, limiting the control and oversight of local agencies and officials; and WHEREAS, the decision to place and permit such facilities in these locations is made by the state, often without the knowledge of local agencies and the residents of the hosting neighborhoods; and WHEREAS, the safety and security of local agencies and neighborhood residents must be represented when locating these facilities; and WHEREAS SB 708 requires residential care facilities with six or less residents to obtain a conditional use permit (CUP) from the hosting local agency; and WHEREAS, requiring residential care facilities to obtain CUP helps to restore some control over the placement of residential care facilities in single-family residential neighborhoods to the local agencies that govern them NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS SB 708 (Dutton). SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to SUPPORT SB 708 (Dutton). SECTION 3 That certified copies of the resolution be circulated to the following: Sentor Dutton League of California Cities Joe A. Gonsalves & Son PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF MAY, 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 1St day of May, 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 May 1, 2007 The Honorable Senator Bob Dutton State Capitol, Room 5094 Sacramento, CA 95814 RE: CITY OF DIAMOND BAR SUPPORT OF SB 708 Dear Senator Dutton: Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, SB 708. The subcommittee recommended to the full City Council that they support SB 708. Subsequently, on May 1, 2007, the Diamond Bar City Council voted to support the bill. Local agencies such as cities and counties host thousands of state licensed residential care facilities in single-family residential neighborhoods across the state. Unfortunately, these governing agencies have little to no control over the placement and operation of such facilities. SB 708 is a positive step in gaining back control over what goes on in our local neighborhoods. Currently, residential care facilities with six or fewer residents are not required to secure a conditional use permit. Due to this fact, many cities are unaware of many such facilities that may be located in their city limits. Requiring state licensed residential care facilities with six or allowing local agencies to obtain a CUP restores some local control over the single-family residential neighborhoods and provides for an increased sense of security and safety for residents and care facilities alike. For these reasons, the City of Diamond Bar supports SB 708. Sincerely, Steve Tye Mayor CC: City Council/CM/ACM Joe A. Gonsalves & Son League of California Cities RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING SB 710 (DUTTON), WHICH REQUIRES A STATE LICENSED RESIDENTIAL CARE FACILITY TO OBTAIN A LETTER OF SUPPORT FROM ITS HOST COUNTY WHEREAS, local agencies throughout California host state -licensed residential care facilities, many in single-family residential neighborhoods; and WHEREAS, those facilities housing six or less residents are not required to obtain a conditional use permit (CUP) from the host agency, limiting the control and oversight of local agencies and officials; and WHEREAS, the decision to place and permit such facilities in these locations is made by the state, often without the knowledge of local agencies and the residents of the hosting neighborhoods; and WHEREAS, the safety and security of local agencies and neighborhood residents must be represented when locating these facilities; and WHEREAS, many cities host facilities that are operated by outside counties unknown to the hosting city and county; and WHEREAS SE3 710 requires residential care facilities to obtain a letter of support from their host county; and WHEREAS, requiring such a document ensures all parties are aware of the operating entity and the appropriate oversight personnel NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS SB 710 (Dutton). SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to SUPPORT SB 710 (Dutton). SECTION 3 That certified copies of the resolution be circulated to the following: Sentor Dutton League of California Cities Joe A. Gonsalves & Son PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF MAY, 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 1s' day of May, 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 May 1, 2007 The Honorable Senator Bob Dutton State Capitol, Room 5094 Sacramento, CA 95814 RE: CITY OF DIAMOND BAR SUPPORT OF SB 710 Dear Senator Dutton: Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, S137110. The subcommittee recommended to the full City Council that they support SB 710. Subsequently, on May 1, 2007, the Diamond Bar City Council voted to support the bill. Local agencies such as cities and counties host thousands of state licensed residential care facilities in single-family residential neighborhoods across the state. Unfortunately, these governing agencies have little to no control over the placement and operation of such facilities. in some cases, facilities are operated by outside counties without knowledge of the hosting city and county. Without a clear understanding of the origin of such facilities, it is quite difficult to monitor and manage their performance. Requiring residential care facilities to secure a letter of support from their host county will go a long way in closings this gap. By doing so, cities and counties will be made aware of the potential placement of such a facility before it opens its doors. For these reasons, the City of Diamond Bar supports SB 710. Sincerely, Steve Tye Mayor CC: City Council/CM/ACM Joe A. Gonsalves & Son League of California Cities RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING SB 964 (ROMERO), WHICH MAKES SIGNIFICANT CHANGES TO THE BROWN ACT SEVERELY (LIMITING ESSENTIAL BASIC COMMUNICATION BETWEEN LEGISLATIVE BODIES AND THEIR STAFF MEMBERS WHEREAS, legislative bodies rely on members of their staff to provide complete and prompt information on a spectrum of important subjects; and WHEREAS, the ability of legislative bodies to communicate with their staff members is key to providing efficlient service to those they represent; and WHEREAS, the Ralph M. Brown Act has proven its effectiveness for many years in ensuring the public's business is conducted in a transparent and open manner; and WHEREAS, SB 964 imposes major restrictions on legislative bodies and their staff, limiting communication to basic exchanges related to such items as travel plans and agenda notification; and WHEREAS, by imposing such strict limitations, already long public meetings will be further extended, legislative bodies will receive information in a less prompt manner; and WHEREAS, SB 964 complicates the ability of legislative bodies to effectively and efficiently function on behalf of its residents NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES SB 964 (Romero). SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to OPPOSE SB 964 (Romero). SECTION 3 That certified copies of the resolution be circulated to the following: Senator Romero League of California Cities Joe A. Gonsalves & Son PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF MAY, 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 Iheld on 1St day of May, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: Tommye Cribbins, City Clerk May 1, 2007 The Honorable Senator Gloria Romero State Capitol, Room 313 Sacramento, CA 95814 RE: CITY OF DIAMOND BAR OPPOSITION TO SB 964 Dear Senator Romero: Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, SB 964. The subcommittee recommended to the full City Council that they oppose SB 964. Subsequently, on May 1, 2007, the Diamond Bar City Council voted to oppose the bill. SB 964 is broadly worded to prohibit any agency staff communications with a majority of the governing body that "advances or clarifies a member's understanding of an issue." The broad sweep of this bill would limit the ability of a City Manager, staff person, or consultant to communicate with the City Council outside an open and public meeting except on the most mundane procedural matters. The broad sweep of this bill would prohibit essential every day communications to the local legislative body, including summary reports of upcoming events, routine memorandum from staff to the legislative body, and attorney-client privileged material from the City Attorney, among other items. Such limitations are not only impractical; they severely inhibit the ability of governments to serve those they represent efficiently and effectively. The Brown Act has proven its effectiveness time and again over many years, and the sweeping changes contained in SB 964 are unnecessary and damaging. For these reasons, the City of Diamond Bar is opposed to SB 964. Sincerely, Steve Tye Mayor CC: City Council/CM/ACM Joe A. Gonsalves & Son League of California Cities CITY COUNCIL Agenda # 6.7 Meeting Date, 5/1/07 AGENDA REPORT TO: Honorable Mayor and Members of the City Council , VIA: James DeStefano, City Ma a TITLE: AMENDMENT #2 TO CONTRACT WLAND ROUNDBALL OFFICIALS TO OFFICIATE THE CITY OF DIAMOND BAR ATHLETICS PROGRAM FOR THE PERIOD OF JULY 1, 2007 THROUGH JUNE 30, 2008 IN THE AMOUNT NOT TO EXCEED $30,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Costs related to officiating are recovered through fees charged to participants in the athletics program. Funds for this contract are included in the proposed 2007/08 FY budget. BACKGROUND: The City Council awarded a contract to Inland Roundball Officials on July 1, 2005 in the amount of $30,000 for youth & adult sports officiating. Amendment #1 extended the contract from July 1, 2006 through June 30, 2007. The current contract expires June 30, 2007. DISCUSSION: Staff has reviewed the proposal and has evaluated the quality of officiating work performed by officials from this contractor. Stuff recommends that the City Council approve an amendment to contract with Inland Roundball Officials in the amount not to exceed $30,000 for FY 2007/08. Contract amendment is contingent upon approval of FY 07/08 Budget by the City Council. Community Services Director Attachments: Contract Amendment #2 for 2007/08 FY Contract Amendment #1 for 2006/07 FY Proposal from Jason Logan, owner of Inland Roundball Officials AMENDMENT #2 TO SPORTS OFFICIALS SERVICE AGREEMENT This Amendment #2 to INLAND ROUNDBALL OFFICIALS Service Agreement is made this 1st day of May, 2007 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("City") and INLAND ROUNDBALL OFFICIALS, ("Contractor"). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2005 ("the AGREEMENT") for officiating services for the athletics program for the term of July 1, 2005 through June 30, 2006 for an amount not to exceed $30,000. Parties made an amendment to the AGREEMENT(#1) to extend the term for an additional 12 months for an amount not to exceed $30,000, from July 1, 2006 to June 30, 2007. C. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months for an amount not to exceed $30,000. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2007 through June 30, 2008. Section 2 -- Contract price of AGREEMENT provided in Section 3 shall be an amount not to exceed $30,000. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California INLAND ROUNDBALL OFFICIALS Contractor Signed Signed Steve Tye Title: Mayor Title APPROVED TO FORM City Attorney City Clerk AMENDMENT #1 TO SPORTS OFFICIALS SERVICE AGREEMENT THIS AMENDMENT #1 TO INLAND ROUNDBALL OFFICIALS SERVICE AGREEMENT is made this 20th day of June, 2006 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("City") and INLAND ROUNDBALL OFFICIALS, ("Contractor'). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2005 ("the AGREEMENT") for officiating services for the athletics program for the term of July 1, 2005 through June 30, 2006 for an amount not to exceed $30,000. b. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months for an amount not to exceed $30,000. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2006 through June 30. 2007. Section 2 -- Contract price of AGREEMENT provided in Section 3 shall be an amount not to exceed $30,000. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Carol Herrera Title: Mayor R ! TO FO ity orney INLAND ROUNDBALL OFFICIALS Contractor Signed Title i�vck� oQ �na� o.Notis f City Clerk SPORTS OFFICIALS SERVICE AGREEMENT THIS AGREEMENT is made as of June 21, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and Inland Roundball Officials_, ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated May 12, 2005. B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for propo sals dated, May 12, 2005. 13. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B" and as supplemented in seasonal league playing schedules provided by the City Manager, or her designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect July 1, 2005, and shall continue until June 30, 2006 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor 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 Contractor pursuant to this Agreement shall not exceed thirty thousand dollars ($30.000) annually. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Contractor: Jason Allan Logan, Owner City of Diamond Bar Inland Roundball Officials 21825 Copley Drive 3535 Banbury Drive #48 Diamond Bar, California 91765 Riverside, CA 92505 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and. attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, 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 Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor 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 a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 12. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. lNon-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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. 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. Pion -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 Contractor 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 Contractor, 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. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. 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 eonstitute one and the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except A' 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. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. W - IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR Bye By: t� - Linda Lowry Wen Chang City Clerk Mayor Approved as to fd B City Atto "CONTRACTOR" /a its:1 CITY COUNCIL Agenda # 6 - s Meeting Date: 05/01/07 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City MaL4, 6 TITLE: APPROVAL OF AMENDMENT T CONTRACT WITH WEST COAST ARBORISTS FOR CITY-WIDE TREE MAINTENANCE AND WATERING SERVICES IN THE CITY OF DIAMOND BAR FOR THE 2007/08 FISCAL YEAR IN THE AMOUNT NOT TO EXCEED $238,050, INCLUDING A 3.5% C.P.I. UNIT PRICE INCREASE. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to $238,050 for City -Wide Tree Maintenance and Watering Services during the 2007/08 fiscal year. Funds are included in the proposed 2007/08 FY budget. BACKGROUND: On July 5, 2005, the City Council awarded a contract to West Coast Arborists for city-wide tree maintenance services in the amount of $150,000 for the 2005/06 fiscal year. On June 20, 2006, the City Council extended the contract for the period of July 1, 2006 through June 30, 2007 in the amount of $230,000. This extension included a three-year trimming cycle for all the trees in the City from a five-year cycle. DISCUSSION: The Tree Maintenance Services contract includes the following services in Diamond Bar: tree -trimming, tree planting, tree and stump removal, emergency work and watering of trees along the major arterials not serviced by automatic irrigation systems. Contract also provides an automatic up -date to the computerized tree inventory as services are performed. Services are provided in the following areas of the City: along the major boulevards, medians and parkways, residential neighborhoods, lighting and landscape maintenance districts and City Parks. West Coast Arborists has provided tree maintenance services in Diamond Bar for the past 18 years and staff believes they have done an excellent job. This contract extension is for one year and it contains a renewal clause that allows for three additional one-year extensions. Contract amendment is contingent upon approval of FY 07/08 Budget by the City Council. Attachments: Amendment #3 to Tree Maintenance Services Contract for the period of July 1, 2007 — June 30, 2008 Letter dated 3/21/07 & Proposed Price Schedule for July 1, 2007 — June 30, 2008 FY (includes 3.5% CPI increase) Amendment #2 to Tree Maintenance Services Contract for the period of July 1, 2006 — June 30, 2007 Contract with West Coast Arborists dated 7/5/05 for the period of July 1, 2005 — June 30, 2006 PREPARE"ND REVIEWED BY: Bob`%!ib — Community Services Director AMENDMENT #3 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 1st day of May, 2007 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and WESTCOAST ARBORISTS, INC, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5, 2005 in the amount of $150,000 for the period of July 1, 2005 — June 30, 2006. b. Amendment #1 was approved on February 21, 2006 to increase tree maintenance services to the amount of $235,125. C. Amendment #2 was approved on June 20, 2006 to extend the contract for the period of July 1, 2006 — June 30, 2007 in the amount of $230,000. d. Parties desire to amend the contract to extend the term from July 1, 2007 through June 30, 2008 and to amend the contract price to an amount not to exceed $238,050 for the 2007/08 FY, which includes a 3.5% C.P.I. increase to the unit prices. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 3 is amended to extend the term from July 1, 2007 through June 30, 2008. Section 2 — Contract price of AGREEMENT provided in Section 11 is amended to a not to exceed amount of $238,050 for the 07/08 FY, which includes a 3.5% CPI increase to the unit prices. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Steve Tye Title: Mayor APPROVED TO FORM City Attorney WESTCOAST ARBORISTS, INC. Contractor Signed Title City Clerk AMENDMENT #2 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 20th day of June, 2006 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY') and WESTCOAST ARBORISTS, INC, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5, 2005 in the amount of $150,000 for the period of July 1, 2005 — June 30, 2006. b. Amendment #1 was approved on February 21, 2006 to increase tree maintenance services to the amount of $235,125. C. Parties desire to amend the contract to extend the term from July 1, 2006 through June 30, 2007 and to amend the contract price to an amount not to exceed $230,000 for 06/07 FY, which includes a 4.7% C.P.I. increase to the unit prices. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 3 is amended to extend the term from July 1, 2006 through June 30, 2007. Section 2 — Contract price of AGREEMENT provided in Section 11 is amended to a not to exceed amount of $230,000 for the 06/07 FY, which includes a 4.7% CPI increase to the unit prices. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR WESTCOAST ARBORISTS, INC. A Municipal Corporation Contractor Of the State of California r fAy. Signed Signed Carol (Herrera Title: Mayor Title Rose Epperson, Assistant Secretary - �RR D FORM City Attorney J.", ozff=�, City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between, West Coast Arborists Inc. , hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "'CITY." WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on the date specified in the R.F.P.; and WHEREAS, City did accept the proposal of CONTRACTOR West Coast Arborists, Inc, and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Tree Maintenance Services in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Tree Maintenance Services in the City of Diamond Bar. The work to be performed in accordance with the R.F.P., dated June 23, 2005. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The R.F.P. is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The R.F.P., CONTRACTOR'S Proposal dated June 23 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete assigned work within timeframe presented on the date work is requested. Agreement and unit prices shall remain in force. unless terminated sooner, until June 30, 2006 . Agreement may be extended per Section 14. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of . California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the` CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) • Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified. in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond- Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the perfcrmance of the work. ' The CONTRACTOR is required 'to'make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under, him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic: is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel - and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used.or employed in performing the work; or for injury or damage .to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work, The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from -defects- or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, darnages to persons or property, penalties, obligations or liabilities that maybe asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors br invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend -any action or actions filed in connection with'any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages-, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and .the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to, pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys! fees. So much of the money due to the CONTRACTOR under and by virtue of'the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed -by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnl'tees. 10. NON-DISCRIMINATION:. Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 23 2005 in the amount not to exceed One Hundred and Fifty Thousand dollars ($150,000). 1'2.ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement maybe terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. EXTENSION OPTION: The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the -commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's. compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. IN WITNESS WHEREOF, the parties hereto have.executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 366764 CONTRACTOR'S NAME west Coast Arborists, Inc. ADDRESS 2200 E, Via Burton. st. Anaheim CA .4801 �vV / July 11, 2005 , Date By: Patrick Mahoney President TITLE: CONTRACTOR'S Business Phone: 714-991-1900 CONTRACTOR'S Emergency Ph6he: 866 -546 -2369 - CITY OF DIAMOND BAR, CALIFORNIA S 30a'� By: Date ATTEST: U w Date By: t� LI C. OWRY CITY CL RK CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of the City Council Agenda No.8.1 VIA: James DeStefano, City Ma g TITLE: Award of Contract to Templeton Pla Hing Group for creation of an Environmental Impact Report to evaluate potential develo ment 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. .C• ►0 For many years Diamond Bar residents have requ fields and an aquatics center. Also, throughout t desire to attract additional commercial retailers opportunities in the City. Recognizing the desires there are limited opportunities to provide additional dining facilities in the City; the City Council iden potential site for these types of land uses. ested additional recreational facilities such as sports he years Diamond Bar residents have voiced their and restaurants to provide shopping and dining of Diamond Bar residents and understanding that recreational uses, and develop retail shopping and tified the existing Diamond Bar Golf Course as a 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 (CEQA). 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. At the meeting of April 21, 2007, the City Council discussed this issue and decided to delay any action for two weeks to allow additional time for public input. It would now be appropriate for Council to consider the item. PREPARED B'Y: Eno Assistant Ci y Manager Attachment: 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 15t day of May 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: 1. 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 ser✓ice 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 frorn 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. 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. 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 otherwise, to or from the ultimate vendor(s) of performance of this Agreement. Consultant's termination of this Agreement. give or receive any compensation, monetary or hardware or software to City as a result of the covenant under this section shall survive the 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under 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; Ilayoff 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 =/ Steve Tye, Mayor ATTEST: mo Tommye Cribbins, City Clerk Approved as to Form: 1� By: City Attorney in n'w, Prepared for City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765-4178 Submitted by Templeton Planning Group IV1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 February 15, 2007 ATTACHMENT a- 11 Introduction 1, f ,PROJECT uNDzmsTANO/NG The City of Diamond Bar is considering a land swap agreement between the City of Diamond Bar and the County of Los Angeles. The County currently owns the 170 -acre Diamond Bar Golf Course located adjacent to the Pomona Freeway (SR -60) at Grand Avenue. Per the land swap agreement, the City would acquire ownership of the 170 -acre golf course in exchange for the development of a new 100 -acre, 18 -hole Championship Golf Course with a clubhouse, located within the County. The City has already acquired 385 acres of land for this purpose. The new golf course is proposed to be located south of Pathfinder Road, roughly between Ridgeview Avenue and Crestline Drive. Following the acquisition, the City plans to develop a lifestyle center on the existing 170 -acre Diamond Bar Golf Course. Specific uses within the lifestyle center have not yet been determined, however they are expected to include a combination of big box retail, restaurant, housing, and possibly, hotel uses. As a result, the City has solicited proposals to prepare an Environmental Impact Report ("EIR") that analyzes the potentially significant impacts of the proposed project and provides the mitigation measures necessary to reduce potential impacts to a level of insignificance. Based on our knowledge of the area, a visit to the site, and discussions with City staff, the following issues will require particular attention in the EIR: • Land use intensity in relation to the surrounding area and infrastructure requirements within the project area. • Traffic, air quality, and noise impacts associated with the increased intensity of uses proposed for the redevelopment of the 170 -acre Diamond Bar Golf Course. • Adequacy ofplanned public facilities and circulation improvements in relation to the project envisioned. • Consistency with regional population, housing, and employment projections. • Visual impacts of the project as viewed from residential areas within the City of Diamond Bar, and from the viewpoint of travelers on the SR -60 and SR -57 freeways. uiamona czar Land Swap Agreement EIR 1 Templeton Planning Group °rTr6n,klip a_a-rte-• 2 1 /?U 11 .r Potential cumulative traffic, air quality, land use and noise impacts related to proposed and ;pending development in the surrounding area, including the proposed Aera Master Planned Community. Establishing a relationship with various parties with an interest in the project including, but not limited to, the City of Diamond Bar, Diamond Bar residents, and open space groups to address their concerns and gain support for the project to the maximum extent feasible. Pursuant to Section 15168 of the CEQA Guidelines, the City is seeking the services of qualified environmental professionals to prepare a Program EIR to provide the public and the decision makers with a thorough, objective and well reasoned analysis of the project's environmental consequences and a menu of feasible measures that would mitigate significant impacts. This EIR will be used for subsequent development applications within the proposed lifestyle center. Future projects submitted in accordance with the approved land use plan would be eligible for a streamlined environmental review, pursuant to Section 15162 of the CEQA Guidelines. Only projects which do not conform to the adopted land use intensity which involve new environmental impacts and/or new mitigation measures would necessitate subsequent environmental analysis, such as a Subsequent or Supplemental EIR. f .2 PROJECT APPROACH Our approach to the preparation of the EIR will be to independently examine all issues with a constant: eye to optimize public input throughout the process. We intend to establish credibility with the community, the County of Los Angeles and with the City of Diamond Bar immediately, and to maintain that credibility throughout our involvement. This will be achieved in several ways, including: (1) Communicating clearly and often; with the City and the community; (2) Providing accurate and useful information that facilitates focused discussions of the project's environmental consequences; (3) Identifying both the positive qualities ofproposed planning concepts or mitigation strategies and the environmental disadvantages associated with those concepts/strategies so that decision -makers can better understand the trade-offs involved in various decisions; and (4) Being flexible enough to respond quickly to unexpected circumstances, such as unscheduled requests to attend meetings or to provide information on a specific topic for a special briefing to a City Council, Planning; Commission, or community group. It is anticipated that the EIR Consultant will be called upon to attend numerous public meetings to assist City staff in discussing environmental issues and in explaining the requirements of CEQA as it applies to this project. It is incumbent upon the EIR Consultant, therefore, to make sure that the EIR is not only technically sufficient, but well presented. The proposed lifestyle center is in its early planning; stages and specific land uses have not yet been determined. As a result, the EIR Consultant will also be called upon to assist in community outreach programs to solicit public input on the needs and desires for the development of the lifestyle center. Diamond Bar Land Swap Agreement EIR 2 Templeton Planning Group ATTACHMENT __2— As evidenced by the information contained in this proposal, the Templeton Planning Group and associated project team have the expertise necessary to complete the EIR for the land swap agreement development of the project. We look forward to utilizing our experience and expertise to bring about the time efficient and thorough completion of the EIR for the proposed project. 1,3 PROPOSED CONSULTANT TEAM The firms that make up our Consultant team are presented below. Additional information concerning each firm's qualifications and experience, together with the capabilities and background of key personnel, is provided in Section 5.0, Firm and Personnel Experience. Templeton Planning Group (TPG), Prime Consultant, EIR Project Manager 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 Telephone: (949) 718-0640 FAX: (949) 718-0655 Mestre Greve Associates, Air Quality and Noise 27812 El Lazo Road Laguna Niguel, CA 92667 Telephone: (949) 349-0671 FAX: (949) 349-0679 Dudek & Associates, Inc., Biological Resources 605 Third Street Encinitas, CA 92024 Telephone: (760) 942-5147 FAX: (760) 632-0164 Cogston.e Resources Management, Inc., Cultural and Paleontological Resources 1801 Parkeourt Place, B102 Santa Ana, CA 92701 Telephone: (714) 245-0264 FAX: (714) 245-0054 Zeiser Kling Consultants, Inc., Geotechnical 1221 East Dyer Road, Suite 105 Santa Aria, CA 92705 Diamond Bar Land Swap Agreement EIR 3 Templeton Planning Group ATTAPU H MENiT Telephone: (714) 755-1355 FAX: (714) 755-1366 Global Geo -Engineering, Inc., Phase I Site Assessment 2712 Dow Avenue, Suite B Tustin, CA 92780 Telephone: (714) 505-8040 FAX: (714) 505-8043 Hunsaker & Associates, Inc., Hydrology, Water Quality, Water and Sewer Systems 3 Hughes Irvine, CA 92618 Telephone: (949) 583-1010 FAX: (949) 583-0759 Urban (crossroads, Inc., Traffic 5411 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Telephone: (760) 931-0664 FAX: (760) 931-1741 Visuart, View Simulations (Optional) 3050 Pullman, Street Costa Mesa, CA 92626 Telephone: (714) 389-4900 FAX: (714) 673-6299 uiamona tsar Land Swap Agreement E/R 4 Templeton Planning Group T AI i oA LH'M'Z � 2 2 Scope of Work The Program Environmental Impact Report (EIR) will be prepared in conformance with the California Environmental Quality Act (CEQA), CEQA guidelines, and City of Diamond Bar CEQA procedures. The proposed contents of the EIR and the methodology for its preparation are described in the following pages: TASK 1: TASK 2: PROJECT MANAGEMENT AND COORDINATION As the lead consultant, the Templeton Planning Group (TPG) will direct and manage all subconsultants included on the project team, and will act as the primary contact with the City. Our responsibilities will include: (1) task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) management and coordination of subconsultants, including contract administration and accounting; (3) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (4) coordination and communications with the City's project team to ensure that City policies, procedures and any applicable codes are complied with and where applicable, are incorporated into the EIR; (5) ensuring that the environmental review process and the EIR satisfy the statutes and guidelines of CEQA; (6) representing the Consultant team in public meetings and proj ect progress meetings as requested by the City. PUBLIC SCOPING MEETING TPG will assist the City in organizing and conducting one public scoping meeting to present the main characteristics of the proposal and to solicit comments regarding the scope and content of the environmental issues to be addressed in the EIR. Pre - meeting assistance will include scheduling the meeting, preparing public notices and agendas for review, and mailing and publishing the final notices. Addresses of surrounding property owners and residents to receive copies of the NOP notice will be provided by the City. At the meeting, we will be prepared to discuss the environmental review process and to answer specific questions, as desired by the City. If requested, we will also prepare informational items to be distributed at the meeting, such as: Diamond Bar Land Swap Agreement EIR 5 Templeton Planning Group Cr sc .rrs3; "t Flowchart defining the entire environmental review process, highlighting opportunities for public input, Selected reduced -sized copies of the conceptual plan exhibits and textual summary of project characteristics, and Questionnaire designed to obtain focused responses to identify environmental concerns. It is recommended that the scoping meeting be held as soon as possible, so the results can be included in the Initial Study and Notice of Preparation, discussed in the following task. TASK 3: INITIAL STUDY AND NOTICE OF PREPARATION Brief, written responses will be prepared for all items included on the City's standard Initial Study checklist. Each response will explain the basis for the No Impact, Less Than Significant Impact, Less Than Significant With Mitigation Incorporated, or Potentially Significant Impact response. The responses will clearly indicate why a particular issue would not result in a significant impact and does not require further evaluation and will discuss those issues that require further analysis in an EIR in order to fully determine the extent and significance of potential impacts and to identify mitigation measures that could avoid or reduce such impacts to a level of less than significant. Given the City's decision to prepare an EIR for the proposed project, it is assumed for the purpose of this proposal that checklist responses will consist mainly of short statements that lead to further analysis to be prepared within the EIR. A complete list of reference sources used to prepare the Initial Study will be provided. A summary of the comments received at the public scoping meeting will be included in the Initial Study as an attachment, to bring community input directly into this official scoping document. Where appropriate, checklist responses will contain references to specific scoping meeting comments. A Notice of Preparation (NOP) will be prepared, using the City's standard form. A copy of the Initial Study will be attached to provide an immediate explanation of the preliminary scope of issues to be included in the EIR. After City approval of the NOP, TPG will copy and distribute the NOP to state and local agencies, surrounding property owners and other special interest groups or individuals identified by the City. A brief cover letter will be prepared to explain the purpose and content of the NOP and to clearly identify the time period, contact person and address established for submitting responses. Diamond Bar Land Swap Agreement EIR 6 Templeton Planning Group TASK 4: SCREENCHECK DRAFT EIR A. General Information Introduction This section is intended as a convenience to the reader who is not familiar with CEQA, EIRs or the environmental review process. The purpose and standards of adequacy for an EIR will be defined. A discussion the environmental review process for this project will be presented. Characteristics of a Program EIR and the reasons for preparing a Program EIR and the intended uses thereof will be described. Summary This section will consist of a concise summary of the information presented in the main body of the EIR. This will include (a) a brief project description; (b) a tabular summary of findings regarding project and cumulative impacts, mitigation measures and any unavoidable, significant impacts; (c) a summary of discretionary approvals required for the project; (d) a brief description of the alternatives considered, noting which one was considered the environmentally superior alternative; and (e) areas of controversy and issues to be resolved. Project Description The project applicant will be identified, along with a statement of project objectives, from the standpoint of the City. Specific characteristics of the project will be defined, including proposed zoning. Required discretionary approvals and anticipated uses of the EIR will be identified. Illustrations will include regional and site location maps, conceptual land use, circulation, grading and infrastructure plans. Environmental Setting A general description of the regional and local setting will be provided to establish the environmental and planning context within which this proj ect occurs. In addition to physical characteristics that comprise the environmental setting, relevant regional and local planning programs will be discussed to establish whether this project is consistent or inconsistent with applicable planning policies and programs. More detailed descriptions of existing conditions and pertinent policies will be provided, where appropriate, as part of the discussions under each of the specific impact topics in the main body of the EIR. Surrounding land uses will be identified on a vicinity map. Based on information publicly available from surrounding jurisdictions, development trends occurring in this general area will be described, and any other major development projects planned or proposed in the vicinity will be highlighted. Diamond Bar Land Swap Agreement EIR 7 Templeton Planning Group teed^.Rf"'r Other relevant projects such as infrastructure improvements or community facilities which could have a direct effect upon this project or local growth trends, and which are planned to occur during the time frame of the proposed project, will also be identified. 13. Discussion of Existing Conditions, Environmental Impacts and Mitigation Measures Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which impacts will be determined to be significant, (c) determine the environmental changes that would result from the project, (d) evaluate the significance of those changes with respect to the impact significance criteria, (e) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after successful implementation of recommended mitigation measures. A worst-case scenario approach will be followed for all analyses included in the EIR. The EIR will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. The analysis of issues will be thorough, yet concise. Mitigation measures which are practical and feasible will be formulated which relate directly to the primary and secondary effects identified in the impact sections of the document. Although the EIR scoping meeting is yet to be completed, and this project is expected to be of great interest to the surrounding community, it is assumed at this time that all topics contained in the Initial Study Checklist will be included in the Program EIR for this project. However, if the scoping process results in a more narrowly focused EIR, we will adjust our scope of work, schedule and budget estimates accordingly. Analytical approaches to each of the EIR topics are described in the following pages. Aesthetics/Visual Impact Project implementation will significantly alter the visual appearance of the site. The proposed project may be visible from homes within Diamond Bar and from the surrounding roadways including the Orange (SR -57) Freeway and Pomona (SR -60) freeway. TPG will perform the following tasks to determine potential aesthetic impacts associated with the project: Conduct a site visibility analysis to define the portions of the site that would be visible from sensitive surrounding viewing locations, and the Diamond Bar Land Swap Agreement EIR 8 Templeton Planning Group � G 1rfiU1*1d6aEfv f characteristics of the view sheds that would be affected by the proposed development. • Document pertinent City of Diamond Bar zoning standards, that help define project site features with recognized scenic value, and significant view sheds that are designated for protection. • Mr. Peter Templeton will use his extensive knowledge of hillside grading to evaluate the hillside grading techniques and design treatments which may be incorporated into the proposed project as Special Development Requirements and/or Mitigation Measures. • Evaluate the proposed land use plan with regard to the existing topography and the ability to support the land uses proposed. • Review the proposed master design elements for aesthetic quality in relation to existing and proposed uses and adjacent roadways. • Discuss any potentially significant aesthetic impacts associated with project implementation. • Specify mitigation measures that will reduce significant impacts to the maximum extent feasible. Measures could include landscaping, berming, setbacks, or alternative grading to reduce the visual impact of the project. OPTIONAL TASK — VISUAL ANALYSIS: If requested by the City, Visuart will perform the following tasks to prepare four (4) visual simulations: • Visuart will take up to eight (8) on-site photographs for Client review. The Client will select and approve four (4) photographs to be developed for the final simulations. • Visuart will model the existing topography and match the results to the Client selected photography. • Visuart will take the Client selected views and establish the correct 3-D coordinates of the cameras. From here, Visuart will match the existing conditions found in the photography and the 3-D to establish camera position. • Visuart will place 3-D architecture from our 3-D models library as they would be seen in the Client selected views. Diamond Bar Land Swap Agreement E!R 9 Templeton Planning Group Visuart will render the final solutions at print resolution (18"X24" @ 150 DPI). When the renderings are finished processing, Visuart will add photo enhancements to the composition such as entourage, atmosphere, landscape, cars and people for scale. Air Quality The proposed activities associated with project construction and vehicular traffic generated by future residential development have the potential to generate fugitive dust, various stationary source emissions, and mobile emissions. Mestre Greve will prepare an air quality study for the proposed project. The results, findings and recommendations will be incorporated into the EIR, and the study will be included in its entirety as an appendix. The following information will be included in the EIR: The existing air environment will be described in terms of meteorology, local topography affecting pollutant dispersion, and ambient air monitoring data. A summary of current air management efforts which may be related to the proposed project will be provided with particular emphasis on the 2003 AQMP, and the requirements for air quality assessments identified in the SCAQMD's CEQA Handbook. Sensitive receptor areas within the project vicinity will be identified. The CALINE4 model will be used to assess the local air quality and to determine the pollutant pattern at key locations. Three key locations will be assessed for the impact of traffic on nearby intersections. Existing and future conditions will be modeled. Short-term dust and emission generation due to construction and demolition activities will be forecasted. Mitigation measures will be incorporated into the report. Mitigation will include measures to reduce dust generation, as required by the SCAQMD, and measures to construction activity emissions as contained in the 2003 AQMP. The CALINE4 Model will also be used to assess the pollutant concentrations at the same three locations utilized for the baseline study. The local air quality analysis assesses the resulting airpollutant levels that will result in the residential areas or other sensitive areas directly adjacent to the roadways. The increase or decrease in concentrations due to the project will be highlighted. In addition, the concentrations projected will be compared to Diamond Bar Land Swap Agreement EIR 10 Templeton Planning Group State and Federal air quality standards to determine the significance of the potential impacts. Long-term emissions will be generated due to increased traffic, the combustion of natural gas, and the generation of electricity. The emissions generated by these sources will be assessed and compared to potential regional air quality impacts. Biological Resources Dudeck & Associates, Inc. will prepare a Biological Resource study for the proposed project. The results, findings and recommendations will be incorporated into the EIR, and the study will be included in its entirety as an appendix. Dudeck & Associates's tasks will include the following: Document Review: Documentation pertinent to sensitive biological resources in the vicinity of the project area will be compiled, reviewed and analyzed. Dudek will review data sources including the California Natural Diversity Database (CNDDB), and other information in Dudek files. This task will also involve preparation of field maps for planned biological survey efforts. Vegetation Mapping and Resource Assessments: Dudek will conduct a reconnaissance -level biological resources survey of the project sites. The purpose of this survey will be to create a baseline biological resources map with vegetation communities and observed sensitive species locations. Vegetation communities will be mapped according to Holland (1986) nomenclature. All mapping will be done in the field directly onto 100 or 200 scale (1"=100' or 200') topographic or aerial photographic bases and later digitized into Geographical Information System (GIS) format using AutoCAD and ArcView. During these field surveys, a general inventory of all plant and animal species detected by sight, calls, tracks, scat, or other sign will be compiled, as well as a determination of potential sensitive species which could occur on the project site. Observable sensitive resources including perennial plants and conspicuous wildlife (i.e., birds and some reptiles) with special status or commonly accepted as regionally sensitive by the California Native Plant Society (CNPS), California Department of Fish and Game (CDFG), and United States Fish and Wildlife Service (USFWS) will be recorded and later digitized into a GIS format and added to the Biological Resources Map. DiamondBar Land Swap Agreement EIR 77 Templeton Planning Group Focused Surveys: During this initial reconnaissance survey, an assessment of other focused survey needs (i.e., wetland delineation, sensitive plant surveys, focused California gnatcatcher surveys, etc.) will be determined. Biological Resources Report: The results of the general biological resources survey will be presented in a biological resources report. The report will include a discussion of the survey methodology, vegetation communities and sensitive biological resources in terms of their regional significance and presence onsite, an assessment of existing conditions, impacts analysis, and an assessment of the significance of impacts in accordance with the California Environmental Quality Act (CEQA). Graphics will be prepared to illustrate the location of the site, the existing biological conditions and the proposed project impacts. Proposed mitigation requirements for potential impacts to sensitive resources will be discussed in terms ofregional planning, and city, state and federal laws and guidelines. Cultural Resources Cogstone Resource Management Inc. (Cogstone) will prepare a cultural resource assessment for the proposed project. Cogstone will conduct a record search from the Southern Central Coast Information Center at California State University at Fullerton and the Natural History Museum of Los Angeles County to determine the existence of previously recorded cultural and paleontological resources within the project boundaries and within a 1 mile radius. A Native American Sacred Lands search will be requested from the Native American Heritage Commission (NAHC) and, subsequently, to the list of local Native Americans recommended by the NAHC. A survey will be conducted for all undeveloped areas that will be impacted. The survey will locate all visible cultural resources. Any resources located will be photo documented and the position of each recorded using a GPS unit and a map of the area. A cultural resources assessment report will be prepared and will include the results of the records searches, the Native American consultation, the literature review, the surface examination, and mitigation recommendations. The results, findings and recommendations will be incorporated into the EIR, and the study will be included in its entirety as an appendix. Geology and Soils In order to assess the geotechnical impacts of the proposed project, Zeiser Kling Consultants, Inc. will prepare a geotechnical study for the project site. The results, findings, and recommendations of this study will be incorporated into the EIR. This section will define the existing geologic, soils and groundwater characteristics that Diamond Bar Land Swap Agreement EIR 12 Templeton Planning Group s z,•;� f trra,_rG � C� occur on-site, identify regional seismic influences, and note and explain the characteristics of any areas containing constraints to site development. Based on the proposed land use plan and the site constraints previously identified, an analysis of project impacts will be conducted. Mitigation measures known to be successful in addressing the various geotechnical constraints affecting proposed development areas will be defined, including reference to existing geological and soils tests and plan checking requirements administered by Los Angeles County. Zeiser Kling's Scope of work is as follows: Review of available current and historical aerial photographs of the site to evaluate the historical site use and surficial conditions. Review available published geotechnical and geologic maps and documents for the proposed project vicinity. Review of the proposed land use, and development schemes in relation to geotechnical impacts on the subject site and adjacent site. Excavate, log and sample three to four hollow stem auger borings to a depth of approximately 50 feet or practical refusal, whichever occurs first to evaluate groundwater conditions, hydro -collapse potential and liquefaction potential ofthe subsurface soil materials. The hollow stem auger borings are intended to be excavated in the existing Diamond Bar Golf Course. Obtain the required permits from the Los Angeles County Department of Environmental Health if groundwater is encountered in the borings. Conduct laboratory testing to evaluate in-place soil density and moisture content, soil type, grain size distribution, soil expansion potential, soil shear strength, and soil settlement and hydro -collapse characteristics. Two days of mapping by two geologists is proposed and would be concentrated in the southern site. This mapping would include structural geologic conditions, landslides, and groundwater seepage. Due to the limited access to this area, mobilization of excavating equipment in this area would be invasive to the property and would likely require bulldozed access roads. Therefore, surficial mapping and aerial photo interpretation will be used to delineate geologic conditions. The information gathered could be supplemented with subsurface explorations in future design level geotechnical investigations. Preliminary evaluation of potential geotechnical hazards to the site and evaluation of groundwater considerations. Diamond Bar Land Swap Agreement ER 13 Templeton Planning Group Evaluation of the proposed conceptual development plan relative to the existing geotechnical conditions. Preparation of a geotechnical report with comprehensive geology/seismicity analysis to be used in the Environmental Impact Report (EIR) for the proposed development in accordance with the requirements of the California Environmental Quality Act (CEQA). Our report will address possible geotechnical conditions, limitations, and hazards within the overall EIR, to be prepared by others. Hazards and Hazardous Materials This section will evaluate past site activities and proposed construction and development activities to determine whether the site currently contains materials that are hazardous to human health or the environment, and whether the proposed uses of this site could result in such hazards. Phase I Environmental Site Assessments will be prepared by Global Geo -Engineering, Inc.for the project site. Based on the approved final report and any necessary supplements thereto, TPG will prepare a narrative discussion of the presence/absence and significance of hazardous waste risks, together with recommendations for remediation measures, if needed, that will be included in the EIR. TPG will also evaluate whether the project could interfere with an emergency response or emergency evacuation plan and will determine potential fire hazards associated with the proposed project. Global Geo -Engineering, Inc.'s Scope of Work is as follows: Review of available published information to determine the general geology and hydrogeologic conditions affecting the property. Review of available historic information, including aerial photographs, and maps. Review of commercially available regulatory database records regarding possible hazardous spills, storage, or production at the property or vicinity of the property. Performance of a property and area reconnaissance. Evaluation of the research and field data. • Preparation of a Phase I Environmental Assessment report, prepared in general accordance with ASTM Standard E 1527-00, which presents the findings, conclusions and recommendations. Diamond Bar Land Swap Agreement EIR 14 Templeton Planning Group Hydrology/Water Quality In order to assess potential hydrology and water quality impacts of the proposed project, Hunsaker & Associates will prepare a hydrology study and Standard Urban Stormwater Mitigation Plan (SUSMP) for the proposed project. After review of the hydrology study and SUSMP by Templeton Planning Group, the results, findings, and recommendations will be incorporated into the EIR and included as an appendix. The technical approach for the above scope of work will entail the preparation of preliminary planning and engineering studies to support the preparation of the following reports: On-site and off-site hydrology study for the existing condition and the proposed condition. H&A will prepare a hydrology study that will be integrated with the 200 -scale grading plan provided by the Client. The hydrology study will include the following: Q50, using the Los Angeles County Department of Public Works (LACDPW) hydrology manual. Prepare a report in the format pursuant to the LACDPW and City of Diamond Bar requirements to include necessary maps, calculations and appendices. Document review and hydraulic analysis for existing onsite and off-site drainage facilities. H&A will review existing documents and perform hydraulic analyses to compute the capacities of the existing drainage facilities. Preparation of a conceptual Standard Urban Stormwater Mitigation Plan (SUSMP) per the City standards. This assumes the preparation of a concept SUSMP for the City of Diamond Bar, City of Industry, and the County of Los Angeles. Land Use and Planning Past and present land use conditions will be documented, and the local land use patterns will be described. Analysis of project impacts will focus on project consistency with the goals and policies of the City of Diamond Bar. Compatibility of the proposed land use plan with the surrounding land use pattern will also be discussed. Specifically, TPG will: Inventory all existing and planned land uses in the project area. • Analyze recent development trends within the general area and assess the consistency of the proposed development with both current development trends as well as relevant local and regional land use planning programs (i.e., Diamond Bar Land Swap Agreement EIR 15 Templeton Planning Group City of Diamond Bar General Plan, Zoning Ordinances, County of Los Angeles General Plan, etc.). Provide a nexus between the project's environmental impacts in aggregate and the environmental compatibility of the proposed project with surrounding uses. Propose mitigation measures to reduce potential conflicts between the proposed development and the surrounding uses and future development to the maximum extent feasible. Mineral Resources This section will address the issues of energy use and conservation and the potential for impacts to any significant mineral resources. This will include an evaluation of whether the project would conflict with adopted energy conservation plans, and whether the project could result in the inefficient and wasteful use of non-renewable resources relating to any existing oil field operations. Noise The proposed activities associated with the project implementation have the potential to substantially increase noise levels near existing sensitive receptors, and may expose future residents to adverse noise levels from adjacent major roadways, including the Orange (SR -57) Freeway and the Pomona (SR -60) Freeway. A noise study will be prepared by Mestre Greve and Associates, which will form the basis for this EIR section, and be included in its entirety as an appendix. The EIR will contain the following information: Noise measurements will be taken at up to six sites to document ambient noise levels. Additionally, the FHWA highway noise model ("FHWA Highway Traffic Noise Prediction Model," FHWA-RD-77-108) will be used to describe existing noise levels in the project vicinity. Community noise standards relevant to this project are contained in the City of Diamond Bar Noise Element and Noise Ordinance. Standards for the jurisdiction will be summarized and their relevance to the project discussed. The types of construction equipment that will likely be used and the duration of construction will be identified. Typical construction and demolition noise levels will be presented for nearby areas. The application of the City Noise Ordinance to control construction noise will be discussed. Diamond Bar Land Swap Agreement EIR 16 Templeton Planning Group The noise impacts associated with the project's traffic on adjacent land uses will be assessed in terms of the CNEL noise scale. The increase in noise levels due to the project will be determined. Areas that will experience a significant noise increase will be identified. For the project scenario, the absolute noise levels experienced in these areas will then be determined, and the resulting land use/noise compatibility discussed. Traffic noise levels that impact the project site will also be assessed for compatibility with the proposed land uses. Noise levels within the project area will be determined and compared to noise/land compatibility guidelines contained in the City Noise Element. Noise sources specifically associated with the proposed uses will also be addressed. For example, big box retail uses would have delivery trucks and loading docks associated with their operations, and these noise sources would be assessed. Mitigation Measures. Mitigation strategies will be identified as needed for the control of noise levels within the project site. Measures will be developed as necessary to mitigate off-site noise impacts. Population and Housing Total residential population and job creation on-site at buildout will be quantified, based on the proposed amount and mix of residential densities and commercial square footage. The population will be compared with the maximum anticipated under the City of Diamond Bar General Plan, to determine whether the potential population would exceed the level of growth included in adopted population projections used by the local and regional planning agencies. In addition, the job/housing ratio will be calculated and will be compared with the project in relation to the surrounding areas and the goals of achieving a balanced ratio according to local and regional planning agencies. The proposed mix of housing densities and anticipated occupancies will be described and consistency with the City's Housing Element will be evaluated. Public Services Public service agencies serving the proposed lifestyle center and 18 -hole golf course will be contacted to identify existing facilities that would be affected by the project, existing service levels and capacities available to serve the proposed land uses and intensity of proposed development. The demand placed on these services will be identified on the basis of standard planning factors provided by each agency or from the City General Plan, and the ability of the agencies to accommodate this growth will be assessed. The need for additional public facilities or personnel to serve the Diamond Bar Land Swap Agreement E!R 17 Templeton Planning Group proposed project and maintain adequate levels of service will be determined in consultation with the agencies. Measures to avoid or reduce the significance of project -related public service impacts will be developed and included in the EIR. The public services to be addressed will include: • Fire Protection • Police Protection • Schools • Public Library Services Recreation Demand for parkland and recreation facilities associated with the potential population on-site will be estimated. Proposed parks, trails and any other private or public recreational uses included in the proposed project will be identified and consistency with applicable parks, trails or other recreation plans or programs will be assessed. Satisfaction of parkland dedication requirements will also be discussed. Mitigation measures will be developed to mitigate any significant impacts to a level of insignificance. Transportation/Circulation In orderto assess potential traffic impacts ofthe proposed project, Urban Crossroads, Inc. will prepare a traffic impact analysis. TPG will work closely with City Staff to ensure that the traffic study adequately addresses the concerns of City and the public at large. After review and approval of the traffic study by Templeton Planning Group and the City's transportation staff, the results, findings, and recommendations will be incorporated into the EIR. This traffic study will be included in its entirety as an appendix. Urban Crossroads' scope of work will include: Access Evaluation and Site Plan Inputs - Site plan review (based on most current site plan); - Assessment of adjacent roadway general plan classifications and Intersection spacing criteria; - Interface with project applicant/team (teleconference); - Prepare recommendations regarding access and internal circulation Features; - Interface with jurisdiction staff (teleconference) Scoping Agreement Process Project trip generation; Project trip distribution; Diamond Bar Land Swap Agreement EIR 18 Templeton Planning Group - Study area definition; Identification of cumulative projects and ambient growth patterns; Preparation of draft traffic study scoping assumptions; Interaction with jurisdiction staff and finalize traffic study scoping agreement. Traffic Counts and Existing Roadway Conditions Inventory Peak hour intersection turning movement counts (up to 30 existing and/or future intersections); Field inventory of intersection traffic control measures, approach lanes at intersections, and through travel lanes along segments. Cumulative Growth (Interim Year) Future Traffic Projections Generation and distribution of other development traffic; Calculation of cumulative future peak hour turning movement volumes at up to 30 existing and/or future intersections; Calculation of cumulative future daily traffic flows on study area roadway segments; Traffic Impact Analysis - Analysis of existing intersection performance based upon the ICU methodology; - Analysis of existing plus ambient growth plus project (E+AG+P) intersection performance; - Determination ofimprovements needed to serve E+AG+P conditions; - Analysis of E+AG+P with cumulative development intersection performance; - Determination of improvements needed to serve E+AG+P with cumulative development conditions; - Determination of site specific circulation improvements. Utilities and Service Systems Utility companies serving the proposed project will be contacted to identify existing facilities, service levels and capacities available to serve the proposed land uses and intensity of proposed development. The demand placed on these utilities will be estimated and the ability of the agencies to accommodate this growth will be assessed. The need for possible extensions and upgrading of public facilities to service the project will be identified. Measures to avoid or reduce the significance of project -related utility impacts will be developed and included in the EIR. The utilities to be addressed will include: Diamond Bar Land Swap Agreement E!R 19 Templeton Planning Group • Water • Sewer • Electricity • Natural Gas • Telephone • Cable Service • Solid Waste It should also be noted that a water supply assessment will need to be completed in accordance with SB 610 (Costa). It is assumed that the water supply assessment will be completed by the water district serving the site. The information will be incorporated into the EIR and the water supply assessment will be included in the EIR Appendix. OPTIONAL TASK — WATER AND SEWER DISTRIBUTION SYSTEM: If requested by the City, Hunsaker and Associates will prepare a preliminary sewer and water distribution system for the projects. C. CEQA Mandated Sections In addition to the topical issues discussed above, the following sections will be prepared as mandated by CEQA: • Executive summary • Cumulative impacts • Adverse environmental impacts which cannot be avoided if the project is implemented • Environmental effects found not to be significant • The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity • Any irreversible environmental changes which occur if the proposed project is implemented • Growth Inducement • Organizations and individuals contacted Diamond Bar Land Swap Agreement EIR 20 Templeton Planning Group Report preparation personnel Bibliography Appendices D. Alternatives to the Proposed Project In compliance with Section 15126(d) of the State CEQA Guidelines, a qualitative discussion of various alternatives to the proposed project will be presented. TPG will consult with the City for assistance in defining the alternatives to be analyzed in the EIR. Alternatives will be selected on the basis of their ability to (1) avoid or reduce one or more of the project's significant impacts and (2) feasiblely attain most of the basic objectives of the project. The rationale for selecting each alternative will be explained, along with the principal features and environmental effects of each one. If any alternatives were considered during the project scoping process but rejected, reasons for rejecting those alternatives will be provided. Analyses of three (3) alternatives in addition to the "No -Project" Alternative are included in the cost estimate for the EIR. Potential alternatives scenarios include 1) No-Project/No Development; 2) Reduced Density; and 3) Alternative Land Plan. Simple illustrations of alternative land use concepts will be prepared to supplement the text discussion. Impacts associated with each alternative will be compared to proposed project impacts, for each of the environmental impact categories included in the preceding sections of the EIR. The environmentally superior alternative will be identified; if it is the No-Project/No Development Alternative, then one of the development alternatives will be identified as environmentally superior to the others. TASK 5: SUBMITTAL AND REVIEW OF SCREENCHECK EIR Fifteen (15) copies of a complete Screencheck EIR will be submitted for City review and comment. Our proposed schedule and budget assume that one, complete Scrcencheck document will be prepared for review and comment, which is more efficient than submittal of selected sections, on an incremental basis. TASK 6: DRAFT ENVIRONMENTAL IMPACT REPORT It is presumed that all comments concerning the Screencheck EIR will be transmitted in writing to TPG at the same time. TPG will meet with the City to discuss and resolve any major areas of concern or to clarify areas of misunderstanding, etc. Follow-up with City departments or other agencies will be conducted as necessary to respond to comments on the Screencheck EIR. Fifty (50) copies of the Draft EIR Diamond Bar Land Swap Agreement EIR 21 Templeton Planning Group _2— will be printed and distributed by TPG to the local, state and federal agencies, as well as other special interest groups and individuals identified on a distribution list to be developed in consultation with the City. TPG will prepare the Notice of Completion (NOC) for City approval and signature and will transmit the NOC with all copies of the Draft EIR. TASK ;7: FINAL EIR A Final EIR will be prepared in accordance with CEQA and will contain the City's required elements, as follows. 117.1 Response to Comments Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A Response to Comments section will be created for the Final EIR which will contain an introduction describing the public review process concerning the Draft EIR, copies of all comment letters received and minutes from public meetings where oral comments were taken, plus written responses to all comments. Responses will focus on continents which address the adequacy of the Draft EIR. Other comments which do not address EIR adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City. Responses will be prepared by TPG, with input from our technical specialists, as needed. A not -to -exceed budget for responses to comments has been established to cover EIR-related costs. If an unexpectedly large volume of comments is received, or if certain comments result in the need for substantial additional responses, or new research or analysis, the initial budget may not be sufficient. Should this situation become apparent, we will discuss this concern with the City before the responses budget is consumed and determine an appropriate course of action. Fifty (50) copies of the Response to Comments will be produced and distributed as directed by the Lead Agency. Responses to Comments by responsible agencies will be provided to those agencies, as well as any other commentors identified by the City, a minimum of 10 days prior to consideration of the Final EIR by the City Council. 7.2 Mitigation and Monitoring Program A Mitigation Monitoring Program (MMP) will be prepared, pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard format, and will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be Diamond Bar Land Swap Agreement EIR 22 Templeton Planning Group conducted, the entity responsible for implementing the mitigation measure and the County department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMP can be prepared for consideration by the Planning Commissions, if desired, so that any comments they may have concerning the MMP can be incorporated into the Final EIR that is prepared for EIR certification. 7.3 Statement of Overriding Considerations and Facts and Findings Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a prof ect for which an EIR has been completed which identifies one or more significant effects unless the public agency prepares findings for each significant effect. TPG will prepare findings and facts in support of findings describing each of the significant impacts identified by the EIR and the determination as to whether those impacts would be reduced to below a level of significance by proposed mitigation measures. These facts and findings will be incorporated into the resolution to be prepared by County staff. Additionally, Section 15093 requires that when an agency approves a project which will have significant adverse environmental effects that are unavoidable, the agency must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental damage. TPG will prepare the Statement of Overriding Considerations for any unavoidable significant impacts that maybe identified by the Final EIR. TASK 8: COMMUNITY MEETINGS/PUBLIC HEARINGS The Templeton Planning Group will coordinate closely with City staff to ensure the EIR and associated documents delivered to the City are legally defensible, an accurate product, and one that will serve as a useful tool for decision -makers when considering the approval of the project. In an effort to achieve this level of communication, TPG's Project Manager will attend a minimum of twelve (12) community meetings/public hearings during the course of the environmental review process. It is understood that the City may request our assistance in organizing approximately four (4) community outreach meetings, in addition to a scoping session. Tasks included in this assistance would include scheduling, preparing public notices and agendas, and mailing and publishing notices. Additional meetings or attendance by other members of the Consultant team will be billed on a time and materials basis. Costs for meeting attendance would be billed in accordance with the hourly rates for the personnel involved. Diamond Bar Land Swap Agreement EIR 23 Templeton Planning Group rr� F } p p' �+ d 5� E i `� Cost Estimate The Templeton Planning Group and its subconsultants will perform the previous scope of work, for a not to exceed cost of $397,672, including optional tasks. This cost estimate remains valid for 90 days..A detailed cost breakdown including total professional labor hours, hourly billing rates, and reimbursable expenses is provided in Table 1. Please note that the budget for the Final EIR is an estimate only, based on our best guess and a maximum level of effort for preparation of Response to Comments. The estimated budget assumes that no additional basic research will be required to respond to comments, that the comments will be directed at the substance and technical adequacy of the EIR, and that all of the comments will be compiled by the City and transmitted in one set to the consultant. Modification to the scope of work, budget and time frame may be necessary if comments received from agencies or the general public require increasing the scope of impacts and issues which the Draft EIR has addressed. In addition, the reirnbursable budget is an estimate only and will be billed at cost. Diamond Bar Land Swap Agreement EIR 24 Templeton Planning Group 1��I y�atq, FF � E i-5 i.r � Y d s � c� FEE PROPOSAL WORKSHEET Templeton Planning Group Director of Principal Environmental Services Project Planner ($275/hr) (5175/hr) ($90/hr) TOTALS Hours Cost Task Description I, Project Management and Coordination 10 40 0 50 $9,750 2. Public Scoping Meeting 0 8 8 16 $2,120 3. Initial Study and NOP 0 10 10 20 $2,650 4. Screencheck Draft EIR 0 $0 A. Introduction 0 4 4 8 $1,060 B. Summary 10 10 20 $2,650 C. Project Description 4 12 4 20 $3,560 D. Environmental Setting 6 6 12 $1,590 E. Aesthetics 10 10 8 28 $5,220 F. Air Quality 16 8 24 $3,520 G. Biological Resources 12 4 16 $2,460 H. Cultural Resources 10 8 18 S2,470 1. Geology and Soils 10 6 16 52,290 J. Hazards and Hazardous Materials 12 4 16 $2,460 K. Hydrology& Water Quality 6 8 14 $1,770 L. Land Use & Planning 10 10 20 $2,650 M, Mineral Resources 4 0 4 $700 N. Noise 8 8 16 $2,120 O. Population and Housing 6 12 18 $2,130 FEE PROPOSAL WORKSHEET Task Description Templeton planning Group TOTALS Principal ($275/hr) Director of Environmental Services ($175/hr) Project Planner ($90/hr) Hours Cost P. Public Services 10 20 30 $3,550 Q. Recreation 8 8 $720 R. Transportation/Circulation 8 8 16 $2,120 S. Utilities & Service Systems 4 14 18 $1,960 T. CEQA Mandated Sections 2 16 18 $1,790 U. Aternatives to the Proposed Project 4 16 16 36 $5,340 5. Submittal and Review of Screencheck EIR 4 4 8 $1,060 6. Draft EIR* 4 40 40 84 $11,700 Suhconsultant Input* 0 $0 7. Final EIR 0 $0 Z 1. Response to Comments* 40 40 80 $10,600 Subconsultant Input* 0 $0 7.2. Mitigation Monitoring Program 16 16 32 $4,240 7.3. SOC/facts and Findings 12 12 24 $3,180 8. Community Meetings/ Public Hearings 28 16 16 60 $11,940 TPG Labor 60 362 328 750 $109,370 SUBCONSULTANT FEES Company Totals Mestre Greve, Air Quality and Noise $13,500 Dudek & Associates, Inc., Biological Resources $10,200 Cogstone Resource Management, Inc., Cultural and Paleontological $5,742 Zeiser Kling Consultants, Inc., Geotechnical $21,170 Global Geo -Engineering, Inc., Phase I Site Assessment $2,900 Hunsaker & Associates, Inc., Hydrology $65,000 Hunsaker & Associates, Inc., Water Quality $30,000 Hunsaker & Associates, Inc., Water and Sewer Systems (Optional) $40,000 Urban Crossroads, Inc., Traffic $66,300 Visuart, View Simulations (Optional) $14,740 Subconsultant Fees (excluding optional tasks) $214,812 Subconsultant Fees (including optional tasks) $269,552 REIMBURSABLE EXPENSES* Postage/Deliveries/FAX $1,000 Photographic and Reprographic Production $500 15 copies of Screencheck EIR @ $150 per document $2,250 5 copies of Screencheck Technical Appendix Cu., $100 per document $500 50 copies of Draft EIR @ $150 per document* $7,500 50 copies of Technical Appendix @ S 100 per document* $5,000 20 copies of Responses to Comments @ S50 per document* $1,000 5 copies of Final EIR @ $200 per document $1,000 Reimbursables Total: $18,750 TOTAL ESTIMATED BUDGET, LABOR PLUS REIMBURSABLE EXPENSES ** $397,672 * The reimbursables budget is an estimate only and will be billed at cost. The City may request that the Draft EIR and Response to Comments documents are transmitted for public review via electronic means, compact disk. If the Draft and EIR and Response to Comments documents are sent electronically the reimbursibles total will be reduced by approximately $10,000. ** Including Optional Tasks "T SS#2 Potential Creation of the Four Corners Council of Governments Background • The City of Diamond Bar is currently a member of the San Gabriel Valley Council of Governments. Annual dues are approximately $16,000, with a dues increase expected in fiscal year 2007-2008. • In recent years, the primary focus of the SGVCOG has been to promote and secure funding for major transportation projects on the western side of the Valley, including the 710 tunnel project in the Pasadena area. The SGVCOG is made up of cities and Los Angeles County Supervisors only. • By doing so, advocacy for Four Corners projects like the 57/60 Interchange and 71 completion has been neglected. • To restore an active advocacy base for these projects, staff has been asked to explore the creation of a new stand-alone Council of Governments representing the Four Corners region. Four Corners COG • The Four Corners COG would serve as a vehicle for members to cooperatively raise awareness of and pursue solutions to regional affairs — including affordable housing, legislative advocacy, and transportation improvement projects. • This new organization would provide the Four Corners region with a seat on the policy committees of SLAG, which may open new doors to funding mechanisms for various regional projects in the Four Corners identified by the new COG. • The City Manager and Council Member Herrera have begun the process of gauging the interest of potential members, meeting with several legislators from surrounding cities and districts in LA, Orange, Riverside, and San Bernardino Counties. Response has been positive thus far. • Members may retain the option of actively participating in their current COG and the newly formed Four Corners COG. • However, additional research is needed to determine what the effects of membership in two COGS will have on those already holding seats on the SCAG Board and policy committees. • A newly created COG would be free to include cities, counties/supervisors, water and school districts, and other appropriate governmental agencies as provided to enhance collective regional influence. • If created, the Four Comers COG would be the first in the Southern California area to represent bodies from multiple counties. • The new COG can be created once two cities have joined forces, However, we have been informed the new COG will not be recognized with seats on SCAG policy committees until it represents a total population of 250,000 or more. • Tonight's study session is designed to serve as an introduction on this matter for the Council. We request the Council to direct staff to continue the exploration of this matter and bring it back for Council discussion and direction as a Council Consideration item on the May 15 agenda. TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT CITY CLERK O 1.�(Z a a -�- , DATE: � r"��:�U ) 7 N' /`7 �� �/� SS �,� f D-. PHONE: 5��,-' Ci 71,9 C G n.� s C z71 S i C 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 TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: (l /0 % I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. FM TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK A Wt -� \A -�+ In A DATE: 5 I_` C) 7 1107 ILS INA VtiIr MakPHONE:(ct122) 24_2EV AGENDA #/SUBJECT: b t l � c„� rqP I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m) name and address as written above. -XA WnAAL21 °', N� Signature V TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: 0 3 x'31 �.PL/� t�ic/�'r� �— •i�o PHONE:�4;d2 •-D.6-%9 AGENDA #/SUBJECT: AI L'l-441,1C va- 5pl a ---4a fiE ' ulye)FiE",n �� PA-RiCE-eery act -D iyi wr l,Fr 41/�= I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. "_A* Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL" TO: CITY CLERKJ FROM: -�� ��-0U"✓" DATE: ADDRESS: -2-> ��-a� 4L/igH0NE: 7Z ORGANIZATION: AGENDA #/SUBJECT: h-,Or VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: -PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: T74,o M,47S DATE: ADDRESS:fo7 PHONE: —W,6/-06�?- ORGANIZATION: AGENDA #/SUBJECT: /,4 E -: A, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: U CITY CLERK 2MA D DATE: v , 1 PHONE: k -s8 ,- 8 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sig ature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: U PHONE: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: i &f L I DATE: ADDRESS: kp-t )I PHONE: lo ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL t. TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �J TO: FROM: ADDRESS: O RGAN I ZATI O N VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ,A-. lel r1 i el 1 ro DATE: Ft.lCon 6arll ways D8 PHONE: g loo-r�,z / derv+ AGENDA #/SUBJECT: fjc-r�e� d eLc oomeA+ d- -tA,e, cs-64- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: L U. I I C DATE: ADDRESS: PHONE: ORGANIZATION: S!.„� 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. rrature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: = i � �;; DATE: 06011 " Jf r ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK Tsm DATE: LeVIand -]�V• PHONE: AGENDA #/SUBJECT: 2- i VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCI 11:0l TO: CITY CLERK FROM: `C DATE. ADDRESS: �C.i 1 HONE: O ) ORGANIZATION: AGENDA #/SUBJECT: t expect to address the Council on the subject agenda item name and address as written TO: FROM: ADDRESS: Please have the Council Minutes reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ') " ORGANIZATION: ORGANIZATION: AGENDA #/SUBJECT: 4— S �; Tre— I expect to address the Council on the subject agenda item name and address as written above. Signature DATE: PHONE: ,,9�(—Lk'--) 2— Please have the Council Minutes reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL Z:o3 TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE:/ 1 p PHONE: V4� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. gnature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL x.03 TO: CITY CLERK I. 04 FROM: - �ar. DATE: -5-1 % 1-, 7 ADDRESS: 23� PHONE: 5 -c -1-Y&/-4 z02 ORGANIZATION: AGENDA #/SUBJECT: C �l c a u���. T-4 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. p VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 6' TO: CITY CLERK i FROM: JTy i C` rt%�� S DATE: S%� �iv -7 ADDRESS: 2- Z_ ow ` c� PHONE:_ ORGANIZATION: AGENDA #/SUBJECT: -Go 1�, co,,se I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ti. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 6: S� I TO: CITY CLERK / FROM: �Cyf1�{1 �h`f/Tc-� DATE: j f -G7 ADDRESS: ��� �{ ,�� �� PHONE: ORGANIZATION: AGENDA #/S U BJ ECT: 707776 I/ p I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above.