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HomeMy WebLinkAbout08/07/2007c,ity Agendo i Tuesday, August 7, 2007 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Steve Tye Mayor 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please re%ratn from smoking, eating or drinking in the Council Chambers. The City ofDiomond 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, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IS ALSO AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA August 7, 2007 Next Resolution No. 2007-55 Next Ordinance No. 07(2007) CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Deedee Navar, Children's Pastor Diamond Canyon Christian Church ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificate of Recognition to Joseph Fan, Owner of Holiday Inn Select and Outgoing President of the Taiwan Hotel -Motel Association of Southern California. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Blue Sky Cafe, 21815 Copley Drive as Business of the Month, August, 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 City Receipt of Certificate of Achievement for Excellence in Financial Report Award by the Government Finance Officers Assn (GFOA). 2.2 Video Presentation by Diamond Bar/Walnut Sheriff's Department. 2.3 Video Presentation by L.A. County Fire Department. August 7, 2007 Page 2 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and Clive 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 Concerts in the Park (Christian Simmons — Country) — August 8, 2007 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 Movies Under the Stars — Zoom — August 8, 2007 — Immediately following the Concert in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.3 Planning Commission Meeting — August 14, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 Concerts in the Park (Roden Drive - Broadway) — August 15, 2007 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.5 Movies Under the Stars — Over the Hedge — August 15, 2007 — Immediately following the Concert in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.6 City Council Meeting — August 21, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of July 17, 2007 — Approve as submitted. (b) Regular Meeting of July 17, 2007 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Regular Meeting of June 12, 2007 - Receive and file. (b) Regular Meeting of June 26, 2007 — Receive and file. (c) Regular Meeting of July 10, 2007 — Receive and file. August 7, 2007 Page 3 6.3 Parks and Recreation Commission Minutes — Regular Meeting of June 28, 2007 - Receive and file. 6.4 Ratification of Check Register — Ratification of Check Register dated July 12, 2007 — August 1, 2007 totaling $1,911,726.51. Requested by: Finance Department 6.5 Approval of Preliminary Treasurer's Statement — June, 2007. Recommended Action: Approve. Requested by: Finance Department 6.6 Receive, Accept and File Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audit Reports for Fiscal Years Ended June 30, 2006 and 2005. Recommended Action: Receive, Accept and File. Requested by: Finance Department 6.7 Approval of Reduction of 50% of Surety Bond No. TM5040744/6313963 Posted by Brookfield Diamond Bar Village LLC for Tract 62482 (Vantage Townhomes) to Complete Grading and Storm Drain Improvements. Recommended Action: Approve. Requested by: Public Works Department 6.8 Rejection of All Bids Submitted for Construction of Batting Cages at Peterson and Pantera Parks and Direct to Staff to Redesign and Re - Bid the Project. Recommended Action: Reject and Direct Staff. Requested by: Community Services Department 6.9 Authorization of a $10,000 Reward for Information Leading to the Arrest and Conviction of Individual(s) Responsible for the Death of Diamond Bar Resident Ruben Whittington. Recommended Action: Authorize. Requested by: City Manager August 7, 2007 Page 4 6.10 Approval of Agreement with Alameda Corridor East (ACE) Construction Authority for Pavement Reconstruction on Windwood Dr. for a Total Authorization Amount of $100,000. Recommended Action: Approve. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 (a) Award Professional Services Contract to Transcore for Implementation of the Diamond Bar Traffic Management System in the Amount of $332,791, and Authorization of a Contingency Amount of $37,209 for Contract Change Orders to be Approved by the City Manager for a Total Authorization of $370,000. Recommended Action: Award. (b) Approve Contract Amendment with Advantec Consulting Engineers for Traffic Management System Technical Support in the Amount of $50,000 and for the On -Going Citywide Traffic Signal Timing Program in the Amount of $50,000 for a Total Authorization Amount of $100,000. Recommended Action: Approve. Requested by: Public Works Department 8.2 Diamond Bar Blvd. and Mountain Laurel Way Crossing Guard Request. Recommended Action: Review Options and Direct Staff as Necessary. Requested by: Public Works Department 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JULY 17, 2007 DRAFT STUDY SESSION: M/Tye called the Study Session to order at 5:35 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Everett, Herrera, MPT/Tanaka and Mayor Tye. C/Chang arrived at 5:37 p.m. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer and Tommye Cribbins, City Clerk 101 DIAMOND BAR TRAFFIC MANAGEMENT SYSTEM — PWD/Liu spoke briefly, introducing the City's Engineering Consultant Bernard Li, with Advantec Consulting Engineers. PWD/Liu then turned the presentation over to Senior Engineer Rick Yee. SE/Yee reported on the existing conditions, what has been done to date and staff's approach to future mitigation through the citywide signal synchronization. SE/Yee gave a power -point presentation. M/Tye asked if on Sundays the north/south traffic signals on Diamond Bar Blvd. could have green lights with side street traffic triggering a light change as needed. DPW/Liu responded that some of the older intersections need to be modified to accommodate side street triggering for light changes. Once the centralized system is put in place monitoring will be done from one central location. PWD/Liu responding to C/Herrera's question stated that the County of Los Angeles would pay a significant portion of the cost of the MTA ITS system. SE/Yee explained that the total amount of the grant was for $700,000 with $600,000 coming from Los Angeles County via the MTA. The City's contribution of $105,000 was included in this fiscal year budget. CM/DeStefano explained to C/Chang that within the approved 2007/2008 Municipal Budget, the City Council approved an expenditure of $650,000 for Phase I and $550,000 for Phase II of the Interconnect Project with the majority being paid by Los Angeles County. None of the money comes out of the City's General Fund. JULY 17, 2007 PAGE 2 CC STUDY SESSION C/Chang felt the system had improved dramatically since the City took over the operation from the County and believed the system would improve even further with implementation of the new system. C/Everett asked if the biggest variable in this process was the SR57/60 ultimate fix? PWD/Liu stated that unless regional traffic issues were mitigated the City would continue to experience regional cut -through traffic. CM/DeStefano stated another minor variable in getting this system in place by late 2008 was the matter of the cooperation and timing of the completion of the County's tasks in this project. C/Chang said he wanted the new traffic signal installation on Brea Canyon Rd. at the southern portion of Diamond Bar Blvd. to be sure all three signal lights in close proximity to the freeway exit were coordinated. PWD/Liu said it was the City's goal to synchronize with Caltrans to make sure that all signals were coordinated for the benefit of D.B. residents. At this point, Caltrans is not on board to partner with the City for this project. Caltrans is primarily concerned with the flow of traffic on the freeway on/off ramps. M/Tye said he was tired of hearing that the City's traffic problems could not be fixed because the County and State would not cooperate for a regional solution. C/Everett asked for a diagram that showed the different ownership as it applied to signalization. PWD/Liu said that the information was available. All on/off ramps are managed by the State. Staff's effort to gain cooperation with Caltrans is ongoing. PWD/Liu said that D.B. was one of the first cities in the area to implement this program. PUBLIC COMMENTS: Jerry Hamilton referenced the SR60/605 HOV lane project that would impact D.B. John Rowe stated that traffic accidents interfered with traffic flow and many cities have implemented signals with red light cameras for issuing citations. D.B. intersections are affected by intersection accidents on an almost daily basis and asked if the City had given any consideration to implementing such a system. JULY 17, 2007 PAGE 3 CC STUDY SESSION PWD/Liu stated that several years ago the City invited vendors to make Presentations on red light camera systems for intersections. While the general public perceives such a system to be an effective tool, staff determined that other cities had suffered problems that rendered the system ineffective. ADJOURNMENT: With no further business to discuss, M/Tye adjourned the Study Session at 6:35 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2007. a 1 tvt I YL, Mayor MINUTES OF THE CITY COUNCIL Agenda No. 6.1(b) REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 17, 2007 STUDY SESSION: 5:35 p.m., Room CC -8 AFT ► Diamond Bar Traffic Management System Study Session adjourned at 6:35 p.m. 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 stated that during this evening's Study Session the City Council received a presentation by the Public Works staff regarding improvements to the City's Traffic Management System and that at its Council Meeting on August 7th, staff will be bringing a request for approval of a consulting services contract for consideration. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Tem Tanaka and Mayor Tye. John Rowe led the Pledge of Allegiance. Dr. Lee Bendell gave the invocation. Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Marsha Roa, Public Information Manager; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer, Joyce Lee, Management Analyst; Alfredo Estevez, IS Technician and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 M/Tye presented a City Tile to Albertsons, 1235 S. Diamond Bar Blvd. as Business of the Month for July 2007 and slide presentation. M/Tye indicated that due to unforeseen changes, the representative for Albertsons was unable to attend and that the City Tile would be hand delivered. 1.2 M/Tye introduced Captain Dave Halm, the new captain of the Diamond Bar/Walnut Sheriff's Station. JULY 17, 2007 PAGE 2 CITY COUNCIL 1.3 M/Tye presented a Certificate of Recognition to recently retired Los Angeles County Deputy Sheriff and D.B. resident George M. Garcia. Mr. Garcia introduced his family and thanked the Council for the recognition. 1.4 C/Herrera proclaimed July 2007 as "Parks and Recreation Month and presented the Proclamation to Parks and Recreation Chairman Ted Owens and Vice -Chairman Ruth Low. 1.5 Mary Wesling, Take -it -Back Partnership Team Leader, presented Certificates of Recognition to the City of Diamond Bar and to Manager, Curt Reimber, and David Beres, Owner, Ken's Ace Hardware for participating in the Take -it - Back Partnership Program. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 MA/ Lee introduced the newly developed 2007 Enviro Link Newsletter. 2.2 MA/Lee gave a presentation on SHARPS Disposal Program for needles, battery and fluorescent bulb recycling. 2.3 CSD/Rose gave a PowerPoint presentation regarding the recently completed Sycamore Canyon Park upgrade project. 3. PUBLIC COMMENTS: Audrey Hamilton, the City's representative to the L.A. County Vector Control Board offered information on how to control mosquito infestation and guard against the West Nile Virus. Residents who find dead birds and tree squirrels should call 1-877- 968-2473 or visit www.westnile cagov. Residents who would like to obtain mosquito fish at no cost can call the County Vector Control District at 1-562-944- 9656 or visit www.glacvcd.ora. John Martin, 1676 Meadowglen, spoke about the lack of maintenance on the City's medians and the amount of cut and fill required for the AERA project. Irene Wang, Diamond Bar Librarian, reported that the library now provides Wi-Fi service to library users. John Harbaugh, 23347 Wagon Trail Rd. asked the City Council to provide the library with a copy of the approved 2007/2008 Fiscal Year Budget for public viewing. Most cities have a 10-20% fund for emergencies and wondered why D.B.'s was about 130%. He said he was very concerned about the AERA project and a decision regarding the D.B. Golf Course because he felt that the City should not be in the development business. JULY 17, 2007 PAGE 3 CITY COUNCIL Veronica Arellano, 637 Alder Ln., said she was concerned about refrigerated semi - trucks running during the night and wanted to know if the curb could be painted red on the City of Industry side of Washington St. so that trucks wouldn't park there. Jim Hays, 21323 Cottonwood Ln. presented a petition to the City Council regarding the concern about trucks damaging properties on Washington St. near his complex. Residents felt there was insufficient signage to keep the truck traffic from exiting the freeway only to discover there was no pass through. Adam Oppenstein, 657 Alder Ln. spoke about the truck traffic problems he and other Hampton Court residents have suffered during construction projects. He said he appreciated the closed cul-de-sac and believed the situation would improve when construction was completed. He agreed with Mr. Hays that proper signage on the freeway could help truckers understand they should not exit the Brea Canyon ramp during construction. Residents appreciate all that the City Council has done to improve the area. 4. RESPONSE TO PUBLIC COMMENTS: M/Tye responding to the speaker stated that he makes no apologies for the City's having a budget surplus. This year there was a substantial increase in the Sheriff Department's cost for service for which the City contracts. CSD/Rose reiterated to Mr. Martin that the medians obviously need work. The City engaged a new contractor (Excel Landscape) to replace TruGreen. The new company started on July 1 and staff is allowing the new contractor time to remedy the medians over the next couple of months. Also, there was a mainline break under the median on Diamond Bar Blvd. adjacent to the SR57 between the SR57 and Brea Canyon Rd. The water pipe was reconnected last week and the area is now beginning to green up once again. Staff will continue monitoring the medians and he asked that residents please be patient in the interim. M/Tye again encouraged residents to make staff immediately aware of their concerns. CM/DeStefano stated that the Brea Canyon under -crossing project is underway and will not be completed for about a year. As a result, Brea Canyon Rd. is closed from D.B. into the City of Industry. Staff has identified a need for signage on the freeway to educate the truck drivers about the closure with little success. Staff is working with the City of Industry and the Alameda East Construction Authority on the types of improvements needed within the roadway segment north of the SR60 and on Washington St. in an attempt to prevent truck drivers from entering an area that does not provide through access. By the time truck drivers are into the cul-de-sac area they have passed nine signs that tell them the street is a dead-end street. The Sheriff's deputies have written numerous citations and dealt with many accidents involving damage to property. New striping has been added and the cul-de-sac is under construction to create a permanent solution. Within the next month striping JULY 17, 2007 PAGE 4 CITY COUNCIL will be added to the street in front of the Shea Corporate Center to eliminate a couple of the parking spaces and create a turn -around on Brea Canyon Rd. as a means of egress for the trucks. Staff is very frustrated about the events occurring with the truckers and continues to look for solutions. M/Tye asked if there was an opportunity to notify trucking companies about the closure and close Washington St. to truck traffic. CM/DeStefano stated that staff would have to look at the feasibility of closing Washington St. and that ACE staff had previously notified business -owners about the closure. He further stated that staff would revisit both of these items and report back to Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park (Chico — Latin)—July 18, 2007-6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 Movies Under the Stars — "Happy Feet" — July 18, 2007 — Immediately following the Concert in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 Planning Commission Meeting — July 24, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 Concerts in the Park (Kindred -Caribbean) — July 25, 2007 — 6:30 p.m. to 8:00 P.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 Movies Under the Stars — "Peter Pan" — July 25, 2007 — Immediately following the Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 Parks and Recreation Commission Meeting — July 26, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.7 Concerts in the Park (Cold Duck — 70's and Top 40) August 1, 2007 — 6:30 P.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.8 Movies Under the Stars — "Open Season" — August 1, 2007 — Immediately following the Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.9 City Council Meeting — August 7, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. JULY 17, 2007 PAGE 5 CITY COUNCIL 6. CONSENT CALENDAR: C/Chang moved, C/Herrera seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 6.1 CITY COUNCIL MINUTES Chang, Everett, Herrera, MPT/Tanaka, M/Tye None None 6.1.1 STUDY SESSION OF JUNE 19, 2007 —Approved as submitted. 6.1.2 REGULAR MEETING OF JUNE 19, 2007 —Approved as submitted. 6.2 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of May 24, 2007 Received & filed. 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of May 10, 2007 Received and filed. 6.4 PLANNING COMMISSION MINUTES: 6.4.1 Regular Meeting of May 8, 2007 — Received and filed. 6.4.2 Regular Meeting of May 22, 2007 — Received and filed. 6.5 RATIFICATION OF CHECK REGISTER dated June 14, 2007 through July 11, 2007 totaling $3,047,183.95. 6.6 APPROVED TREASURER'S STATEMENT for May 2007. 6.7 APPROVED REDUCTION OF 50% OF SURETY BOND NO. TM5040753/6313972 POSTED BY BROOKFIELD DIAMOND BAR VILLAGE LLC FOR TRACT 62482 (VANTAGE TOWNHOMES) TO COMPLETE SEWER IMPROVEMENTS. 6.8 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 06(2007): APPROVING PRE - ZONING OF THE CRESTLINE/DIAMOND CANYON AREA TO RESIDENTIAL LOW -MEDIUM DENSITY (RLM), OFFICE PROFESSIONAL (OP) AND OPEN SPACE (OS), PRIOR TO ANNEXATION APPROVAL BY LAFCO. 6.9 APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FY 2007/08 IN THE AMOUNT OF $70,000. JULY 17, 2007 PAGE 6 CITY COUNCIL 6.10 APPROVED AMENDMENT NO, 2-A TO THE CONTRACT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR FY 2006/07 ADDING $3,000 TO THE AUTHORIZED AMOUNT OF $230,000 RESULTING IN A TOTAL NOT -TO - EXCEED AMOUNT OF $233,000. 6.11 APPROVED AMENDMENT NO. 7 EXTENDING THE LICENSE AGREEMENT WITH COCA COLA FOR PLACEMENT OF BEVERAGE - SERVING MACHINES IN CITY PARKS FOR THE PERIOD OF AUGUST 1, 2007 THROUGH JULY 31, 2009. 6.12 ACCEPTED WORK PERFORMED BY ENVIRONMENTAL CONSTRUCTION, INC. FOR CONSTRUCTION OF SYCAMORE CANYON PARK ADA RETROFIT, PHASE III; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER RECORDATION DATE; AND APPROVED CORRECTION TO PROJECT BUDGET BY REDUCING PROPOSITION 12 PER CAPITA FUND BY $50,000 AND INCREASING PARK DEVELOPMENT FUND BY $50,000. 6.13 ACCEPTED $11,680 DONATION FROM DIAMOND BAR AYSO AND APPROPRATION OF $11,680 TO THE PARKS OPERATIONS CAPITAL IMPROVEMENTS BUDGET FOR FY 2007/08 FOR NEW SOD ON ONE SOCCER FIELD AT PANTERA PARK. 6.14 a) ADOPTED RESOLUTION NO. 2007-49: SUPPORTING AB1010 (HERNANDEZ) EXTENDING THE SUNSET DATE OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY FROM JULY 1, 2010 TO JULY 1, 2017. THIS ENTITY WORKS TO SECURE AND LEVERAGE FUNDS AND PROVIDE INCENTIVES FOR GROUNDWATER CLEANUP EFFORTS. b) ADOPTED RESOLUTION NO. 2007-50: SUPPORTING (ENG/HUFF), LEGISLATION THAT WOULD CREATE THE SAN GABRIEL BASIN RESTORATION FUND, WHICH WOULD BE ELIGIBLE TO RECEIVE STATE FUNDING FOR WATER QUALITY AUTHORITY CLEANUP PROJECTS. 6.15 APPROVED CONTRACT AMENDMENT WITH WASTE MANAGEMENT OF SAN GABRIEL/POMONA VALLEY FOR THE HOUSEHOLD HAZARDOUS WASTE PROGRAM. 6.16 APPROVED AMENDMENT NO. 3 TO THE GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS, INC. IN THE AMOUNT OF $900 FOR A TOTAL CONTRACT AMOUNT OF $80,900 FOR FY 2006/07. JULY 17, 2007 PAGE 7 CITY COUNCIL 6.17 APPROVED ONE-YEAR CONTRACT EXTENSION FOR CROSSING GUARD SERVICES WITH INTERNATIONAL SERVICES, INC. FROM AUGUST 1, 2007 THROUGH JULY 31, 2008 WITH A RATE ADJUSTMENT APPROVAL FOR MINIMUM WATE INCREASE AND CPI COSTS. 6.18 AUTHORIZED EXPENDITURES IN AN AMOUNT NOT -TO -EXCEED $80,000 FOR FY 2007/08 TO GRAPHICS UNITED FOR PRODUCTION OF THE CITY'S MONTHLY NEWSLETTER, QUARTERLY RECREATION GUIDE AND MISCELLANEOUS PRINTING SERVICES. 7. PUBLIC HEARINGS: 7.1 LANDSCAPE ASSESSMENT DISTRICTS: a) ADOPT RESOLUTION NO. 2007-51: LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2007/08. b) ADOPT RESOLUTION NO. 2007-52: LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FISCAL YEAR 2007/08. c) ADOPT RESOLUTION NO. 2007-53: LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR FISCAL YEAR 2007/08. PWD/Liu made a staff presentation. C/Everett asked if there was a need for Council to consider an assessment increase during the current fiscal year and if so, by what amount. PWD/Liu responded that a potential increase would need to be considered by the City Council in the near future and that the City Manager has made this a priority item with he and CSD/Rose providing details to the Council in a timely fashion. M/Tye opened the Public Hearing. With no one present who wished to speak on this item, M/Tye closed the Public Hearing. C/Herrera moved, C/Chang seconded to Adopt Resolutions No. 2007-51 levying an assessment on the City of Diamond Bar Landscaping Assessment District No. 38 for Fiscal Year 2007/08; 2007-52 levying an assessment on the City of Diamond Bar Landscaping Assessment District No. 39 for Fiscal Year 2007/08 and, Adopt Resolution No. 2007-53 levying an assessment on the City of Diamond Bar Landscaping Assessment District No. 41 for Fiscal Year 2007/08. Motion carried by the following Roll Call vote: JULY 17, 2007 PAGE 8 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 ADOPT RESOLUTION NO. 2007-54: FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. CDD/Fong presented staff's report and recommended that the City Council open the Public Hearing, receive testimony, close the Public Hearing and Adopt Resolution No. 2007-54. M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed the Public Hearing. C/Chang moved, MPT/Tanaka seconded to Adopt Resolution No. 2007-54: finding the City of Diamond Bar in conformance with the Congestion Management Program (CMP) and adopted the CMP Local Development Report in accordance with California Government Code Section 65089. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, NOES: COUNCIL MEMBERS: None/Tanaka, M/Tye ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang reported that the July 4th Celebration was well attended and well received. He complimented staff on a wonderful community event and recommended that people wanting to enjoy movies in the coming weeks should remember to bring their jackets and blankets. C/Chang announced that the Family Circle magazine selected Diamond Bar as one of the ten best towns for families. C/Everett announced that the editor of Family Circle magazine would be discussing the City of D.B. on the CBS Morning Show tomorrow morning. He welcomed Capt. Halm to the D.B./Walnut station and offered continued appreciation forthe services of the Los Angeles Sheriff's Department. This month is Parks and Recreation Month and C/Everett offered accolades to CSD/Rose and his staff. He encouraged residents to enjoy the newly upgraded Sycamore Canyon Park and the Concerts in JULY 17, 2007 PAGE 9 CITY COUNCIL the Parks and movies on Wednesday nights. He referred to the Consent Calendar and an item involving the addition of residential and open space through annexation. He suggested that residents take advantage of the graffiti removal service. He thanked D.B. AYSO for their donation of $11,680 to the Parks Operational Capital Budget. He also thanked the Hampton Court residents for bringing ACE construction issues to the attention of the City and the City Council. C/Herrera offered kudos to staff for the fabulous 4th of July event. Many residents asked her to thank staff for putting on such a great and flawless event and were pleased that the City provided the event at no cost to its residents. D.B. has appeared in the August issue of Family Circle as one of the top ten cities in the Nation in which to raise a family and in fact, D.B. is the only California city mentioned in the article. This is a wonderful tribute to the City and she echoed C/Chang's remarks in that the leadership of this and former Councils have moved the City to the forefront. Council and staff continue to move forward with efforts to improve the City and the current Council is outstanding. She received a phone call that residents in the southern end of D.B. were concerned about, a rumor being circulated. The mailer claims outrageous things and is using scare tactics to panic residents. The rumor is that the AERA Shell Oil project is a done deal. It is not. It is a multi-year application that this City Council and staff will continue to review for several years. The rumor is that in order to accommodate homes Brea Canyon Rd. will become a four -lane highway and that D.B. plans to condemn houses along the easterly side of Castle Rock. She told the resident who lives on Castle Rock that the City will not condemn houses in order to widen Brea Canyon Rd. D.B. has never condemned houses to widen a road. Such a plan was never proposed to this City Council and this City Council would never consider such a proposition. It is very unfortunate that non-residents are using such scare tactics. She wanted everyone to know that the rumors are not true and that the City has no final agreement with AERA with respect to its proposed project. The City has begun conversations and on April 21 the City held an Envisioning Workshop to hear the residents' thoughts about future development in D.B. Many residents expressed their opinions and expressed their concerns that they needed more communication between the City and the residents. The City is attempting to do just that. As the City considers the different facets of the project and if it is determined that the project is not in the best interests of the City the City Council will not approve the project. C/Herrera clarified that four weeks ago the City Council announced that the City is no longer in escrow to purchase the Reed property, the proposed location for a new golf course. The City has pulled out of the escrow and what that means is that the City does not have a location for a new golf course to relocate the current golf course. She urged residents to contact Council Members or City staff if they hear rumors that alarm them. MPT/Tanaka thanked AYSO for its generous donation. He attended the Pomona and Chino Hills "State of the City" events; the Caltrans HOV lane construction meeting. Caltrans has assured residents that there will be minimal traffic disruption during the HOV lane construction between the SR57 and 605 freeways on the SR60 during the five or six phased project. No two consecutive on/off ramps will be closed at one time and the majority of the construction is slated to take place during JULY 17, 2007 PAGE 10 CITY COUNCIL evening hours. He attended the monthly regional Chamber Mixer at the Reflection Dental Office; the Tiny Tot graduation ceremonies; Troop 888 from Orange County Eagle Scout ceremony; the Vietnamese Outstanding Students Recognition ceremony; the D.B. 4 -Youth meeting; the Pomona Unified School District Board meeting last week; Neighborhood Watch Meeting in the Jade Ct. area; the San Gabriel Valley Economic Partnership and San Gabriel Council of Governments, Jack Phillips award ceremony; the Lanterman Development Center's 80th Anniversary; he thanked staff for hosting the great 41h of July event; rededication of the Sycamore Canyon Park; the Regional Chamber's Governmental Affairs meeting; and, the Regional Chamber of the San Gabriel Valley's Awards and Installation Dinner. M/Tye said that a previous speaker indicated that Supervisor Don Knabe was in the audience this evening and according to all indications he was not actually present this evening. There was a reference made to the City's budget surplus and that somehow consultants and lawyers would like to get their hands on that surplus. M/Tye said he did not know what that meant but reiterated that he made no apology for the City having a healthy reserve. There will come a point when the City may have to rely on that reserve to continue to provide the residents with the services and amenities. This is a fiscally responsible City Council and it is the Council's fiduciary responsibility to keep the City on solid financial footing. He takes that responsibility very seriously and makes no excuses for keeping the reserve as healthy as possible. Many have spoken about the City being named as one of the best cities for families. D.B. is very, very fortunate to have two outstanding school districts for its youth. D.B. is collaborative in its efforts to improve the City. To that end, he commended Darrel May and D.B AYSO for stepping up to contribute funds to provide sod for a soccer field. He too recognized CSD/Rose and staff for their hard work in providing a wonderful 4th of July event to the residents. He hoped everyone would join the Council at the Concerts in the Park tomorrow night and remain after the concert to enjoy the movie "Happy Feet." ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 8:55 p.m. in memory of Zach Zacharias. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2007. STEVE TYE, MAYOR Agenda No. 6.2(a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 12, 2007 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 7:03 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 and Vice Chairman Tony Torng. Chairman Steve Nelson was excused. Also present: Nancy Fong, Community Development; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate; David Alvarez, Planning Technician; Brad Wohlenberg, Assistant City Attorney; and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Submitted 4. CONSENT CALENDAR: VC/Torng said his comments under No. 8 were too brief and did not reflect Chair/Nelson's concurrence; and, he wanted his comments about the "typo' in staffs report on Agenda Item 7.1 regarding the number of homes to be 151 instead of 150 to be reflected in the minutes. He said he hoped it would not happen again that his comments were left out of the minutes. C/Lee moved, C/Wei seconded to approve the Consent Calendar as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Wei, VC/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Nolan ABSENT COMMISSIONERS: Chair/Nelson 5. OLD BUSINESS: None JUNE 12, 2007 PAGE 2 PLANNING COMMISSION a NEW BUSINESS: 6.1 CAPITAL IMPROVEMENT PROGRAM FOR CONFORMITY WITH THE GENERAL PLAN FOR FISCAL YEAR 2007/08. DSA/Smith presented staff s report and recommended Planning Commission adoption of a Resolution finding the proposed 2007-2008 fiscal improvement program in conformance with the City's General Plan. C/Lee wanted to make sure the closed circuit system was CCTV and not red light cameras. CDD/Fong responded that they were not red light cameras and that this allocation was to synchronize the signals. C/Lee said there would be six cameras and an individual to monitorthe system and he wanted to know if there was an allocation for the project. CDD/Fong said she believed there was a grant from Los Angeles County and the City had an office set aside to house the equipment with an individual monitoring the system. VC/Torng asked for public comment. There were no comments offered. VC/Torng asked for Planning Commission discussion. C/Nolan moved, C/Lee seconded to adopt a Resolution finding the proposed 2007-2008 Fiscal Year Capital Improvement Program in conformance with the City's General Plan recommending approval to City Council. AYES: COMMISSIONERS: Nolan Lee, Wel, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson 7. PUBLIC HEARINGS: 7.1 DEVELOPMENT REVIEW NO. 2007-16 — In accordance with Code Section 22.48, the applicant requested to construct a one-story addition of approximately 1,430 square feet to an existing one-story single-family residence of approximately 2,086 square feet with a three -car garage. The request also included two retaining walls with an exposed height of six feet each to be located in the rear yard. JUNE 12, 2007 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 24246 Delta Drive Diamond Bar, CA 91765 Steve T. Kou 24246 Delta Drive Diamond Bar, CA 91765 Larry Casarez 1433, Deerfoot Drive Diamond Bar, CA 91765 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2007-16, Findings of Fact, and conditions of approval as listed within the resolution. C/Wei said one of the documents was date stamped 2007 May 32nd VC/Torng opened the public hearing. Steve Kou, owner, explained he wanted a room addition to accommodate his growing family and provide them with a safe environment. C/Nolan disclosed she drove by the project, did not speak with anyone and did not learn any information that was not included in staffs report. VC/Torng closed the public hearing. C/Lee moved, C/Nolan seconded, to approve Development Review No. 2007-16, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Lee, Nolan Wei, VC/Torng None Chair/Nelson 7.2 DEVELOPMENT REVIEW NO. 2007-14 — In accordance with Development Code Section 22.48, the applicant requested to construct a 1,923 square foot addition to an existing 1,728 square foot single family residence on an existing 5,998 lot zoned R -A-6000 with a consistent underlying General Plan Land Use designation of Low -Medium Density Residential (RM). JUNE 12, 2007 PAGE 4 PLANNING COMMISSION CDD/Fong recommended the Planning Commission continue Development Review No. 2007-14 to the June 26, 2007, meeting because the Planning Department needed to properly re -advertise the item. VC/Torng asked what he should do at this point because there were a lot of speakers. CDD/Fong asked if speakers could attend the June 26, 2007, Planning Commission meeting. A speaker said he was advised that this would be held over for the next meeting and because of that he sent home the majority of the people who were going to speak in opposition to the project and said he felt it would be a very busy June 26 meeting. VC/Torng asked CDD/Fong if the speaker's comments should be put on the record. ACA/Wohlberg said that generally, what the Commission has done in the past is if somebody is here and believes he will be unable to attend the next meeting the public hearing is opened in order to have speakers put their testimony on the record and continue the hearing to the designated date. VC/Torng said for the speaker to limit his comments to five minutes. The speaker said he was not prepared to speak at this time and would prefer to wait until the 26th when the rest of the speakers would be present to speak. VC/Torng said he appreciate it, apologized for the delay and asked the speaker to please come back and thanked all of the residents for their understanding and asked the Commission to move to the next item. CDD/Fong reminded VC/Torng that the Commission would have to motion continuance to the next meeting. C/Wei moved, C/Lee to continue Development Review No. 2007-14 to June 26, 2007. Motion approved by the following Roll Call vote: AYES: C/Wei, Lee, Nolan, VC/Torng None Chair/Nelson COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: JUNE 12, 2007 PAGE 5 PLANNING COMMISSION 7.3 DEVELOPMENT REVIEW NO. 2007-05 MINOR CONDITIONAL USE PERMIT NO. 2007-01 AND VARIANCE 2007-09 — In accordance with Sections 22.48, 22.54, and 22.56 the applicant requested to construct a 5,382 livable square foot and a 528 square foot detached garage addition to an existing 2,823 square foot single family residence on an existing 89,472 square foot lot zone R1-40,000 with a consistent underlying General Plan Land Use designation of Rural Residential (RR); Minor Conditional Use Permit for the continuation of a legal non -conforming front yard setback, and a Variance for encroaching into the front yard setback. PROJECT ADDRES: PROPETY OWNERS 2026 Rusty Spur Road Diamond Bar, CA 91765 Vishal and Puja Kaushal 2026 Rusty Spur Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda Architecture 615 N. Benson Avenue, Suite C Upland, CA 91786 PT/Alvarez presented staff s report and recommended Planning Commission approval of Development Review No. 2007-05, Minor Conditional Use Permit No. 2007-01, and Variance 2007-09, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng asked for ex -parte disclosures. C/Nolan said she visited the site, did not speak with anyone and did not learn any new information. VC/Torng opened the public hearing and invited the owner or representative of the owner. Vishal Kaushal, property owner, said he was trying to get the house in par with the rest of the houses in 'The Country Estates' which he felt would improve the property value and the neighborhood. He asked for Commission approval. VC/Torng closed the public hearing. JUNE 12, 2007 PAGE 6 PLANNING COMMISSION III C/Nolan moved, C/Lee seconded, to approve Development Review No. 2007-05, Minor Conditional Use Permit No. 2007-01 and Variance 2007-09, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng said it was fun chairing the Commission this evening. He thanked staff for very good reports. He said a resident called to complain about the street cleaner not using water to clean the street. CDD/Fong asked VC/Torng to email him the information and she would forward it to the Public Works Division. He asked for an update on the AERA project. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. CDD/Fong reported that the information given to the Commission regarding the AERA project was for informational purposes only. At this time the City has only contracted for preparation of an Environmental Report, which is not yet completed and may not be ready for public review for several months. The City held a scoping meeting on May 16 that was well attended by over 200 individuals from Diamond Bar and surrounding communities. All comments received during the scoping meeting will be forwarded to the consultant for inclusion in the EIR. This matter is in its very early stage of the review process. CDD/Fong stated that the Planning Commission is invited to attend Kaiser's groundbreaking on June 19 at 3:30 at the site on Copley and Bridgegate. Commissioners planning to attend are asked to send CDD/Fong an email so that she can advise Kaiser the number of attendees. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JUNE 12, 2007 PAGE 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Torng adjourned the regular meeting at 7:42 p.m. /_1Tmi Respectfully Submitted, OT�ce a Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 26, 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: Commissioner Wei 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; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Brad Wohlenberg, Assistant City Attorney; and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Submitted 4. 5. CONSENT CALENDAR: VC/Torng requested that the Minutes of June 12, 2007, be corrected to reflect that VC/Torng called the meeting to order; and the page numbers be corrected. VC/Torng moved, C/Wei seconded to approve the Consent Calendar as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT COMMISSIONERS: OLD BUSINESS: None 6. NEW BUSINESS: VC/Torng, Wei, Lee, Nolan None Chair/Nelson None 6.1 Development Review No. 2004-160) —The applicant requested to change the design and expand the deck located at the rear of the residence. JUNE 262007 7 PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: PAGE 2 PLANNING COMMISSION 22807 Lazy Trail Diamond Bar, CA 91765 Rita Medirata 1387 Magnolia Chino, CA 91765 Simon Shum 20272 Carrey Road Walnut, CA 91789 AssocP/Lungu presented staff's report and recommended the Planning Commission determine that the revised plans were in substantial conformance with the City's development standards and delegate the review and approval to the Community Development Director. C/Nolan moved, C/Lee seconded to find the revised plans to be in substantial conformance with the City's development standards and delegate the review and approval to the Community Development Director. AYES: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None CONTINUED PUBLIC HEARINGS: 7.1 Development Review No. 2007-21 and Minor Conditional Use Permit No. 2007-11 — In accordance with Code Sections 22.48 and 22.56, the applicant requested to construct a 1,923 square foot addition to an existing 1,728 square foot Single Family Residence on an existing 5,998 Lot Zoned R -A-6000 with a consistent underlying General Plan Land Use designation of Low Medium Density Residential (RLM), and for the continuation of legal non -conforming side yard setbacks and distance between structures. PROJECT ADDRESS: 1162 Clorinda Drive Diamond Bar, CA 91765 PROPERTY OWNER: Thomas Mar and Jennifer Lin 1162 Clorinda Drive Diamond Bar, CA 91765 JUNE 262007 PAGE 3 PLANNING COMMISSION APPLICANT: Leo Wu & Associates 67 E. Live Oak Avenue #201 Arcadia, CA 91006 PT/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2007-21 and Minor Conditional Use Permit No. 2007-11, Findings of Fact, and conditions of approval as listed within the resolution. C/Lee wanted to know if the proposed residence would contain additional units or apartments. CDD/Fong responded that there are no condominiums or apartments in the neighborhood. This is a single-family home and if the owner wishes to rent out the property it is his right to do so. Chair/Nelson reopened the public hearing. Thomas Mar, owner, said he and his wife have lived at the property for the past seven years. Last December their twins were born and they decided to add on to their home to provide more room. He intends to keep this home as his primary single-family residence. He and his wife own two cars and believe parking is not a major issue. He believed that improvements to the home would increase the value of the surrounding area as well. He asked for approval of his proposed project. Maria and Kevin Barber, 1144 Clorinda said she has friends who are certified appraisers and realtors and she asked them for information regarding this proposal. One appraiser commented that the massive increase in square footage would not increase the value to the true value of a 3700 square foot plus home. Maria Barber said that in her opinion adding so much square footage to a tract home did not make sense and would stick out like a "sore thumb." A real estate agent indicated to her that because the proposed project would overshadow other homes the neighboring homes would not increase in value. Kevin Barber said no one is living in the subject house and after living in the neighborhood for seven years he has never seen the applicant. Maria Barber questioned whether the applicant intended to live in the house or intended to use the property for an organization or some other use. Kevin Barber said he has seen only groups of people arrive for meetings and the result is that many cars are frequently parked around the home and in the street. Valenti Saenz, 20507 Calpert Drive, said he lives next door to the subject property and no one lives in the house. He has seen people arrive for JUNE 262007 PAGE 4 PLANNING COMMISSION meetings on several occasions and he has personally seen 30 pairs of shoes left in front of the house on a Friday night. He did not believe the owners wanted the property for a single-family residence but for another purpose. David Porter, 1132 Clorinda, showed photographs of the subject property that to him clearly indicated a dramatic affect of a massive house to the neighborhood. The majority of the homes in the area are 1300 square foot single -story and two-story homes. Reference was made to rentals in the area and he found five or six in the area that are overpopulated for single- family residences. He wanted to know if staff could give him an expanded definition of a single-family residence. If construction were to move forward it could present a safety issue. And if approved, when would the project be completed. He referred to a petition presented to the City that contained about 94 signatures in opposition to this project. He did not find one resident living in the area that would be in favor of approving this project and hoped the Planning Commission would not approve the project. Jorge Arcia,1139 Clorinda, said he owns the same size house as the subject property and he has three bedrooms and two baths upstairs. Kathy Abelar, 20465 E. Calpet Drive, lives adjacent to the proposed project. She presented a list of her concerns and questions and asked for responses during the discussion period. Her first concern was what the structure would be used for because although the property owner's address is listed as 1162 Clorinda Drive, the applicant does not reside in the subject property and people come and go. Someone puts out a green trashcan that sits at the curb for days. People take care of the yard and mail accumulates in the mailbox. On occasion, many people come and go and it appears that some type of meeting is being held in the structure. If the request is approved will someone actually take residency in the structure. What is the legal definition of a single-family residence and does it include immediate family only or an extended family? The proposed second story addition with the legal non- conforming side yard would impact the home directly to the south that fronts on Calpet Drive. Impacts to the neighborhood that should be considered are overcrowding, traffic, parking, litter, noise, further overloading of the current sewer system and if approved, when would the project be completed. Construction could severely impact the area because there is no access to the rear yard where the construction will take place. Paul Garcia, 1107 Arkley Drive, wondered how it would benefit the applicant's children to lose yard space. In addition, the impact to the surrounding neighbors would be severe and the applicant would have very JUNE 262007 PAGE 5 PLANNING COMMISSION little access to a back yard. The project addition would be more than the original size of the house and would negatively impact the traffic. He and his wife did not have an opportunity to sign the petition but were opposed to the project. Bruce Harr, 20525 Calpet Drive, said he too had the same concerns as previous speakers. He does not know the individuals who are building this house and alleging to live in this house but he has concerns about building a house of this size as a single-family dwelling, especially learning this evening that there are only four family members involved. He wondered if the City had conducted a traffic survey. Big rigs in residential neighborhoods violate the vehicle code and the Sheriff's Department needs to enforce this issue. If this property is not being used as a single-family dwelling the City should be seriously concerned. He did not have an opportunity to sign the petition and hoped this matter would be thoroughly investigated. Lisa Wong -Owens, 1135 Clorinda, said that she and her husband have lived in their home for nearly 12 years and when they moved into the neighborhood there were no homes for sale. She has never seen the owner at the subject property. When she and her neighbors saw the large construction sign they became concerned. She hoped the Commission would thoroughly investigate this situation and make its decision based on the truth of the matter. David Porter hoped that Diamond Bar would address the issue of 11mansionization" to prevent overbuilding in residential areas. Thomas Mar responded to speakers that he understood the neighbors' concerns and eitherthis project is approved or declined but he and his family still want to live at the subject property. He said he would sign the covenant that the house would remain a single-family residence if the project were approved. The meetings were held three years ago for his church but there have been no meetings at his home since that time. Since his twins were born and since he and his wife have been preparing for construction, they have been living with his in-laws because their house is too small. Even though he and his wife have not lived in the house for a long time they did not rent it out. He and his family currently live in Rowland Heights and do not pick up their mail regularly and that is probably why neighbors have not seen him. JUNE 262007 PAGE 6 PLANNING COMMISSION Chair/Nelson asked Mr. Mar if he planned to move back into the subject property once the construction was completed and Mr. Mar said yes, that his family was looking forward to living in their home. CDD/Fong responded to Chair/Nelson that there are no restrictions to using residences for church meetings. Based on First Amendment rights private gatherings are not regulated. Chair/Nelson indicated to Mr. Mar that the City must govern within the rules. C/W ei asked about the possibility of increased traffic because the house has five bedrooms and his in-laws will be living with the applicant. Mr. Mar responded that his in-laws would not be living in the home with his immediately family. He intends to have only his immediate family live in the house when construction is finished but in the future he may have his mother live with him. C/Wei asked if Mr. Mar ever lived in the subject property and Mr. Mar said "yes." He said he knew his next-door neighbor and worked together to construct the common wall between their homes. He said he and his wife lived there for many years and since the twins were born they moved in with his in-laws so that his in-laws could take care of the babies while he and his wife worked. CDD/Fong responded to speakers that the large addition and the question of value was based on market conditions and was not under the control of the City. The applicant has responded to whether or not he lives in the house and staff believes the applicant lives in the property except since the birth of the twins. The owners' personal property is still in the house and the owners return to their residence from time to time until construction is completed and they can move back into their home. The applicant also addressed the concern about group meetings and the City cannot regulate private gatherings. The applicant would need to address the issue of when construction would be completed. Cut -through traffic is a regional issue and affected residents are invited to appear before the Traffic and Transportation Commission if they are concerned. During construction there will be increased traffic and the City has standards regarding construction activities. The Minor Conditional Use Permit is for maintaining the legal non -conforming side yard setback of five feet and the separation between structures of less than 15 feet and does not relate to the percentage of increase to the house. CDD/Fong responded to written questions from Ron and Kathy Abelar. The definition of Single -Family Residence according to caselaw is "anyone that chooses to live together is a bona fide family." Regarding privacy issues, the City has no provisions for regulating privacy and view. The applicant has JUNE 262007 PAGE 7 PLANNING COMMISSION attempted to be sensitive to the privacy issue by not having windows on the side elevation except for a small bathroom window. ACA/Wohlenberg explained that state law provides that structures cannot be built that will reduce the amount of exposure of solar array in order to continue and encourage the use of solar energy. He said he was not aware of this project impacting such an installation. CDD/Fong said that the street would continue to be well served by the Los Angeles Fire and Sheriff's Departments. The addition of two children to the household would not likely negatively impact the existing sewer system. The covenant regarding the type of occupancy (single family residence) is a condition of approval for all room additions and for all new single-family residences. Leo Wu, Architect for the project, said that usually this type of construction would take about six to eight months. After three months when the addition is dried in the work will be confined to the interior. The temporary fence and restroom facility will be set up on-site behind the fence during construction. CDD/Fong stated that before construction begins the applicant must go through plan check, a process that could take two to three months or longer. Once the applicant is given a building permit construction it could take six to eight months beyond that point. Therefore, it could be a year from approval before the construction is completed. Construction hours are Monday through Saturday from 7:00 a.m. to 5:00 p.m. Chair/Nelson closed the public hearing. C/Nolan, VC/Torng and Chair/Nelson said they drove by the subject property and did not speak with anyone and did not learn any new information outside of staff's report. CDD/Fong confirmed to C/Nolan that the current side yard setbacks were five feet and were considered non -conforming and would remain intact. The outside perimeter of the addition in the year yard area would generally line up with the two adjacent houses. CDD/Fong said she believed that presently the largest house in the neighborhood slightly exceeded 2000 square feet. According to public assessor records, houses range from over 1700 square feet to one house on Flintgate that is 2474 square feet. In driving the area she did not observe any houses with solar panels. C/Nolan commented that the trash containers should be subject to code enforcement and residents should call the City to report their concerns. JUNE 262007 PAGE 8 PLANNING COMMISSION Regulations also apply to 18 -wheelers and other matters and anyone who is concerned should call the City to make a report. CDD/Fong agreed that trashcans are to be taken back into yard areas out of public view after trash pickup, an issue that would be referred to code enforcement. Chair/Nelson said that in concept, the idea of a homeowner increasing the size of his house to accommodate a growing family and be able to stay in Diamond Bar is not a bad thing. In fact, this Commission has several times approved projects for that very reason. He said he was sensitive to the size but it is hardly mansionization. The values that Mr. Mar will get back and the size of his yard that his kids will play in is his business and this Commission cannot make its judgment on this type of criteria or concern. Bottom line is that the City has a Development Code that permits property owners to do certain things and the City cannot prevent them from doing those things if they are permitted in the Code. What the City has done in the past and what he intends to suggest if this project is approved is that Mr. Mar make every effort to become a neighbor in the community and there may be things he can do to alleviate his neighbors' concerns. For example, he could have his construction crew start work on Saturday at 8:00 a.m. rather than 7:00 a.m. Clearly, there has not been adequate communication with respect to this residence. He did not believe there was anything in the City's Development Code that would preclude any portion of this project. CDD/Fong concurred. C/Lee moved, C/Nolan seconded to approve Development Review No. 2007-21 and Minor Conditional Use Permit No. 2007-11, 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 RECESS: Chair/Nelson recessed the Planning Commission meeting at 8:30 p.m. RECONVENE: Chair/Nelson reconvened the Planning Commission meeting at 8:40 p.m. JUNE 262007 PAGE 9 PLANNING COMMISSION 8. PUBLIC HEARINGS: 8.1 Development Review No. 2007-03 and Minor Conditional Use Permit No. 2007-12 — In accordance with Development Code Sections 22.48 and 22.56, the applicant requested to construct a 1,475 livable square foot addition to an existing 1,260 square foot single-family residence on an existing 8,467 square foot lot (Lot 28 Zoned R-1-8000) with a consistent underlying General Plan Land Use designation of Low Medium Residential (RLM), and Minor Conditional Use Permit for the continuation of a legal non- conforming front yard setback. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 434 Deep Hills Drive Diamond Bar, CA 91765 Stevin & Marisol Fiedler 434 Deep Hill Drive Diamond Bar, CA 91765 DA/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2007-03 and Minor Variance No. 2007-12, Findings of Fact, and conditions of approval as listed within the resolution. C/Nolan said she drove by the subject project and did not speak with anyone. Chair/Nelson opened the public hearing. Steven Fiedler, 434 Deep Hill Drive, explained that the main purpose for the addition was to accommodate his mother who was recently diagnosed with the West Nile Virus. She is currently in a rehab facility and he wants to bring her to his residence to be with her family when the addition is ready. Also, he and his wife have five children and need additional accommodations for them and for a caretaker for his mother. Curt Ramirez, 224 Rock Ridge Road, said his only concern was how long a port -a -potty might be left in the front yard. Chair/Nelson closed the public hearing. C/Nolan moved, C/Wei seconded to approve Development Review No. 2007-03 and Minor Variance No. 2007-12, Findings of Fact, and JUNE 262007 PAGE 10 PLANNING COMMISSION conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan Wei, Lee, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8.2 Development Review No 2007-19 and Minor Variance No. 2007-05 — In accordance with Sections 22.48, 22.52, 2256 and 22.68, the applicant requested to construct a first and second story addition of approximately 2,630 square feet to an existing two-story single-family residence of approximately 2,777 square feet with a three -car garage. C/Lee, being the applicant in this matter, recused himself from deliberation and assumed his role as applicant to address the Commission. All Commissioners confirmed that they would be impartial in the deliberation of Mr. Lee's application as a citizen having and enjoying First Amendment rights. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 23746 Gold Rush Drive Diamond Bar, CA 91765 Kwang Ho Lee 23746 Gold Rush Drive Diamond Bar, CA 91765 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2007-19 and Minor Variance No. 2007-05, Findings of Fact, and conditions of approval as listed within the resolution. C/Nolan said she drove by the property and did not learn anything new that was not contained in staff's report not realizing at the time that it was her colleague's project. VC/Torng said he also drove by the property. Chair/Nelson opened the public hearing. CDD/Fong responded to Chair/Nelson that the front yard setback was decreased to pull out the garage and addition to visually comply with the current setback. JUNE 262007 PAGE 11 PLANNING COMMISSION Paul Bascron, 23737 Gold Rush Drive, across the street from the project, thought that Mr. Lee was going to build a guesthouse in the back of his residence and wanted to know if he could build a house on his rear slope. Chair/Nelson recommended that Mr. Bascron visit the Planning Department at City Hall to get answers to his questions. Chair/Nelson closed the Public Hearing. C/Wei moved, C/Nolan seconded, to approve Development Review No. 2007-19 and Minor Variance No. 2007-05, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wei, Nolan, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee C/Lee returned to the Dais. 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan recommended that the old public hearing sign be removed from in front of the storage area at 275 Prospectors Road. VC/Torng said he called CDD/Fong about the variance issue. Since there are so many people who want to build additions staff should review the City's Code. He was glad the Commission heard from the City Attorney about blocking solar energy. The City and Commissioners have to study the codes and maybe staff can showthe Commissioners more codes that are more often used so that the Commissioners can better educate themselves. C/Lee thanked staff for tonight's report and said he believed that staff had the passion and eagerness to fulfill the needs of the residents. He is very glad and honored to work with a great staff. 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects. CDD/Fong reported that at its June 19 meeting Council approved the Crestline Annexation and today CDD/Fong filed the application with LAFCO. JUNE 262007 PAGE 12 PLANNING COMMISSION The next step is for LAFCO to review the application to make certain it is complete and once that is determined, LAFCO will send out information to all affected agencies after which an annexation public hearing process will commence. CDD/Fong responded to Chair/Nelson that the Aera EIR would likely be ready for public review the early part of 2008. 11. 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 9:09 p.m. Attest: Respectfully Submitted, NaAFong,' Vom!m;1t—YEDevelopment Director Steve Nelson, Chairman Agenda No. 6.2(c) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 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 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; and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As Submitted. 4. CONSENT CALENDAR: VC/Torng moved, C/Lee seconded to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS: VC/Torng, Lee, Nolan, Wei, Chair/Nelson None None 7.1 Development Review No. 200514 — In accordance with Development Code Section 22.66, the applicant requested a one-year extension of time of the Planning Commission's original approval of this project, which expires on June 28, 2007. The Planning Commission approval allows the construction of a three-story single-family residence with a two -car garage and balconies JULY 10, 2007 PAGE 2 PLANNING COMMISSION totaling approximately 5,187 square feet as well as, front, side and rear yard retaining walls not to exceed an exposed height of six feet. PROJECT ADDRESS PROPERTY OWNER: 1198 Chisholm Trail Diamond Bar, CA 91765 Mitchell Won 5719 Paramount Lane Pico Rivera, CA 90660 APPLICANT: Brent Hallam Westwood Design 133 E. Bonita Avenue, Suite 202 San Dimas, CA 91773 CDD/Fong presented staffs report and recommended Planning Commission approval of Development Review No. 2005-14(1), Findings of Fact, and conditions of approval as listed within the draft resolution. There were no disclosures. Chair/Nelson opened the public hearing. Mitchell Won asked for approval of the one-year extension to give him time to address geological concerns. Chair/Nelson closed the public hearing. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2005-14(1), 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: Nolan, Lee, Wei, VC/Torng Chair/Nelson None None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None. JULY 10, 2007 PAGE 3 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. CDD/Fong reported that there would be four or five public hearing items for the Commission to consider at its July 24 meeting. 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 7:05 p.m. Attest: Respectfully Submitted, Development Director Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER AUDITORIUM 21865 Copley Drive Diamond Bar, CA 91765 JUNE 28. 2007 CALL TO ORDER: Chairman Owens called the Parks and Recreation Commission meeting to order at 7:03 p.m. in the SCAQMD/Government Center Building Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Grundy led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Lew Herndon, and Chairman Ted Owens. Absent: Commissioner Benny Liang and Vice Chairman Ruth Low were excused. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Specialist II; Victor Nguyen, Recreation Coordinator; Mickey McKitrick, Recreation Coordinator and Marisa Somenzi, Senior Administrative Assistant. PRESENTATION OF 2007 YOUTH SOCCER SPORTSMANSHIP AWARDS: MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose. 1 9 CONSENT CALENDAR C/Grundy moved, Chair/Owens seconded, to approve the Consent Calendar. Without objection, the motion was so ordered with C/Liang and VC/Low being absent. 1.1 Approval of Minutes for the May 24, 2007 Regular Meeting. 1.2 Transmitted Sports Complex Task Force Final Report INFORMATIONAL ITEMS 2.1 CONTRACT CLASS PROGRAM PRESENTATION — RSII/Murphey 2.2 RECREATION PROGRAM REPORT — RSII/Murphey 2.3 PARKS REPORT — PMS/Jordan JUNE 28, 2007 PAGE 2 P&R COMMISSION PMS/Jordan responded to C/Herndon that he would research the feasibility of waterless urinals. CSD/Rose indicated to C/Herndon that during the budget process the use of cameras to discourage graffiti was not approved. 2.4 CIP PROGRAM REPORT — CSD/Rose a. Sycamore Canyon Park ADA Retrofit — Phase III — today was the official opening day for public use. b. Paul C. Grow Park ADA Retrofit — Contract was awarded. The pre - construction meeting will be held in about two weeks with the project to be completed by the end of August C. Lorbeer Middle School — The construction fence was installed today. The existing sod will be removed and the contractor will complete the project between July 10 and September 17. d. Batting Cages at Peterson and Pantera Parks — out to bid with bids due back on July 10 with award of contract on July 17. e. Trail Access at Steep Canyon at Clear Creek Canyon and at the Diamond Bar Center— Plans are pending inclusion of handrails along the trails. f. Sycamore Canyon Park Trail — Phase III — 90 percent designed and expected to be out to bid by the end of summer. g. Sycamore Canyon Park Trail — Phase IV — The City received a Recreation Trails Grant in the amount of $304,000 for this project. The remaining 20 percent of the project cost will be paid through the Safe Park Acts Fund or Park Development Fund. Federal paperwork pending. C/Grundy wondered if the City should pursue trails with lesser grades rather than spending money on handrails. CSD/Rose said that staff did not yet have a cost estimate on which to base its conclusion. C/Grundy said he believed trails at a lesser grade would be better utilized and he would prefer to have the City use its money on items that would be used by the citizens. C/Herndon congratulated staff on getting the grant money forthe trail. He asked how the City would let the public know about the trail behind the Rio Lobos homes. CSD/Rose said that once the trailhead went in individuals found the trail and of course it would be advertised in the City's newsletter. 3. OLD BUSINESS: 3.1 RESOLUTION TO NAME A FUTURE FACILITY IN HONOR OF BOB ZIRBES — continued to the July meeting. 3.2 PARK AND FACILITY NAMING POLICY — continued to the July meeting. C/Grundy said he had concerns about how portions of the policy would be applied such as criteria 3 because there appeared to be more concrete JUNE 28, 2007 PAGE 3 P&R COMMISSION reasons and decision-making criteria for renaming existing facilities and preferred no differentiation between new and existing- Chair/Owens agreed there should be one policy called "Parks and Recreation Facilities Naming Policy." 4. NEW BUSINESS: 4.1 "PARKS AND RECREATION MONTH" RESOLUTION C/Herndon moved, C/Grundy seconded, to recommend City Council adoption of the Parks and Recreation Month (July) Resolution. 5. ANNOUNCEMENTS: C/Herndon thanked staff for their hard work and reports to the Commission and said he was proud to be associated with the City's staff. C/Herndon asked if the Commission needed to take action on a citizen's request regarding a dog park. C/Grundy said that if the Commission were to consider a dog park he would want staff to provide information about liability, configuration, control, location and so forth. CSD/Rose pointed out that there would be a concern about location due to the City's limited amount of available parkland. C/Grundy suggested that the upper level area up the hill from between the basketball court and the school to the left of the bins might be a possible location. CSD/Rose responded to Chair/Owens that on two previous occasions the Parks and Recreation Commission discussed dog parks and the Commission decided to develop facilities for people first and if and when land became available it would be considered. In both cases, there was minimal support. Also, the matter has been low priority on several surveys taken by staff. CSD/Rose offered that staff would contact the author of the inquiry to let her know when the Commission might be considering her request to consider a dog park and indicated that it would likely be August before all of the information could be accumulated if the Commission wanted to place the item on its agenda for discussion. C/Grundy said he was happy and excited that Sycamore was open. It is fun to see such a project from the beginning through its implementation. He thanked CSD/Rose and staff forthe greatjob. AYSO is discontinuing its adult league and it should help the condition of the Pantera Park field. A member of the adult league asked him if the City would be interested in having an adult soccer program. JUNE 28, 2007 PAGE 4 P&R COMMISSION r.vauumviivir-N : un motion by C/Grundy, seconded by C/Herndon and with no further business before the Parks & Recreation Commission, Chair/Owens adjourned the meeting at 8:40 p.m. Respectfully Submitted, /s/ Bob Rose BOB ROSE, SECRETARY Attest: /s/ Ted Owens TED OWENS, CHAIRMAN CITY COUNCIL Agenda # 6.4 Meeting Date: August 7, 2007 AGENDA REPORT TO: Honorable Mayor and Members;f the City Council FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register da d July 12, 2007 through August 1, 2007 totaling $1,911,726.51. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,911,726.51 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 June 12, 2007 through August 1, 2007 for $1,911,726.51 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. Linda G. Magnuson Finance Director REVIEWED BY: Finance Dirictor Assistant City Manager Attachments: Affidavit and Check Register —07/12/07 through 08/01107. 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 July 12, 2007 through August 1, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,636,640.92 Prop A - Transit Fund 35,394.29 Int. Waste Mgt Fund 15,003.70 AB2766 - AQMD Fund 10,914.17 CDBG Fund 41,456.46 LLAD #38 Fund 20,822.86 LLAD #39 Fund 25,858.90 LLAD #41 Fund 20,385.53 Capital Improvement Project Fund 105,249.68 $1,911,726.51 Signed: Linda G. Magn s n Finance Director City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/26/2007 07 PP 15 PAYROLL TRANSFER P/R TRANSFER-07/PP 15 001 10200 142,591.66 $154,023.62 7/26/2007 76279 PAYROLL TRANSFER P/R TRANSFER-07/PP 15 112 10200 4,128.49 $3,615.00 7/26/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 15 115 10200 4,671.53 7/26/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 15 118 10200 1,685.26 7/26/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 15 125 10200 946.68 7112/2007 07 -PP 14 PAYROLL TRANSFER P/R TRANSFER-7/PP 14 001 10200 135,861.63 $149,616.90 7/12/2007 PAYROLL TRANSFER P/R TRANSFER-7/PP 14 112 10200 5,460.34 7/12/2007 76279 PAYROLL TRANSFER P/R TRANSFER-7/PP 14 115 10200 5,915.69 $3,615.00 7/12/2007 PAYROLL TRANSFER P/R TRANSFER-7/PP 14 118 10200 1,378.91 7/12/2007 PAYROLL TRANSFER P/R TRANSFER-7/PP 14 125 10200 1,000.33 7/12/2007 76273 ACT GIS INC GIS SVCS -APR 07 0014070 46235 10,080.00 $47,795.00 7/12/2007 ACT GIS INC GIS SERVICES -APR 07 0014070 44000 8,352.50 7/12/2007 76279 ACT GIS INC GIS SERVICES -MAY 07 0014070 44000 10,612.50 $3,615.00 7/12/2007 ACT GIS INC GIS SERVICES-I.T. 0014070 44000 18,750.00 7/12/2007 1 76274 JAGRICULTURAL COM WGHTS & MEASURES ICOYOTE CONTROL SVCS -MAY 1 0014431 1 45406 1 103.541 $103.54 7/12/2007 76275 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 60.29 $291.54 7/1212007 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 12.58 7/12/2007 76279 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 23.74 $3,615.00 7/12/2007 ALBERTSONS SUPPLIES -JULY 4TH 0015350 41200 22.68 7/12/2007 ALBERTSONS SUPPLIES -JULY 4TH 0015350 41200 172.25 7/12/2007 1 76276 JAMERICOMP GROUP INC SUPPLIES -TONER 1 0014070 1 45000 1 182.94 $182.94 7/12/2007 76277 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 6/28 0015310 42130 26.75 $133.75 7/12/2007 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 6/21 0015310 42130 26.75 7/12/2007 76279 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 6/14 0015310 42130 26.75 $3,615.00 7/1 212 00 7 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 6/7 0015310 42130 26.75 7/12/2007 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 7/5 0015310 42130 26.75 7/12/2007 1 76278 IRACHAEL ARNOLD RECREATION REFUND 1 001 1 34780 1 70.001 $70.00 7/12/2007 1 76279 JARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 1 001 1 23012 1 1.801 $3,615.00 Page 1 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 76279... ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-559 001 23012 150.00 $3,615.00 ... 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-559 001 23012 27.00 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 04-456 001 23012 660.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-456 001 23012 118.80 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-555 001 23012 330.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-555 001 23012 59.40 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-516 001 23012 650.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 23012 117.00 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-516 001 23012 10.00 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-547 001 23012 330.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-547 001 23012 59.40 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-479 001 23012 495.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-479 001 23012 89.10 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 03405 001 23012 660.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 23012 118.80 7/12/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 03-405 001 23012 330.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 23012 59.40 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-547 001 34650 -59.40 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-479 001 34650 -89.10 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 34650 -118.80 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 34650 -59.40 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-555 001 34650 -59.40 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 34650 -117.00 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 34650 -1.80 7/12/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-559 001 34650 -27.00 7/12/2007 ARROYO GEOTECHNICAL CORP JADMIN FEE -EN 04-456 001 1 34650 -118.80 7/12/2007 76280 AT & T PH.SVCS-GENERAL IPH.SVCS-GENERAL 0014090 1 42125 24.38 $44.50 7 IAT & T HIP PROG-20948 LYCOMING 0014090 1 42125 20.12 7/12/2007 1 76281 IGLORIA BARRAGAN IRECREATION REFUND 1 001 1 34730 1 10.001 $10.00 7/12/2007 76282 BASHFORD ENTERPRISES HIP PROG-335 N ROCK RIVER 1255215 44000 1,397.70 $27,267.60 7/12/2007 BASHFORD ENTERPRISES 113ASHFORD HIP PROG-20948 LYCOMING 1255215 44000 869.90 7/12/2007 ENTERPRISES HIP PROG-401 CARPIO 1255215 44000 5,000.00 Page 2 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 7/12/2007 76282... BASHFORD ENTERPRISES BASHFORD ENTERPRISES HIP PROG-23038 RIO LOBOS HIP PROG-21003 S/CLOUD 1255215 1255215 44000 44000 5,000.00 15,000.00 $27,267.60 ... 7/12/2007 1 76283 IBEAR STATE AIR CONDITIONING SVCS IN JEQ MAINT-DBC 1 0015333 1 42210 1 134.00 $134.00 7/12/2007 1 ICARROWS CARROWS REFUND -SIGN PERMIT 001 34200 -25.00 7/12/2007 1 76284 IBEE REMOVERS IBEE REMOVAL -HERITAGE PK 1 0015340 1 42210 1 95.00 $95.00 7/12/2007 CIVIC SOLUTIONS INC CONSULTANT SVCS -APR 07 0015210 44250 95.00 7/12/2007 1 76285 IBENESYST IFLEX ADMIN SVCS -2ND QTR 1 0014060 1 42346 1 91.16 $91.16 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2007-261 001 34430 -188.10 7/12/2007 1 76286 IBENESYST 7/13/07-P/R DEDUCTIONS 001 121105 1 381.911 $381.91 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-248 001 34430 -35.78 7/12/2007 1 76287 IBLUE SKY CAFE EMPLOYEE RECOG-JUNE 07 0014060 1 42347 1 473.321 $473.32 7/12/2007 1 76288 IDOROTHY BUEHLMAN PK REFUND -HERITAGE PK 1 001 1 23002 1 200.001 $200.00 7/12/2007 1 76289 ICA PUBLIC EMPL RETIREMENT SYSTEM PROF.SVCS-H/R 1 0014060 1 44000 1 400.001 $400.00 7/12/2007 1 76290 ICAPIO IMEMBERSHIP DUES-DOYLE 1 0014030 1 42315 1 175.001 $175.00 7/12/2007 76291 JCDW GOVERNMENT INC. REFUND -SIGN PERMIT 001 23013 125.00 $100.00 7/12/2007 1 ICARROWS CARROWS REFUND -SIGN PERMIT 001 34200 -25.00 7/12/2007 1 76292 JCDW GOVERNMENT INC. ICOMP EQ -HARDWARE 1 0014070 1 42205 1 194.061 $194.06 7/12/2007 CIVIC SOLUTIONS INC CONSULTANT SVCS -APR 07 0015210 44250 1,520.00 7/12/2007 1 76293 JULIA CHAVEZ IRECREATION REFUND 1 001 1 34760 1 195.001 $195.00 7/12/2007 CIVIC SOLUTIONS INC CONSULTANT SVCS -APR 07 0015210 44250 95.00 7/12/2007 1 76294 IMARY CHUANG RECREATION REFUND 1 001 1 34780 1 90.001 $90.00 7/12/2007 76295 CIVIC SOLUTIONS INC CONSULTANT SVCS -APR 07 0015210 44000 2,161.25 $11,138.75 7/12/2007 CIVIC SOLUTIONS INC CONSULTANT SVCS -APR 07 0015210 44250 1,520.00 7/12/2007 CIVIC SOLUTIONS INC CONSULTANT SVCS -APR 07 0015210 44250 1,686.25 7/12/2007 CIVIC SOLUTIONS INC CONSULTANT SVCS -APR 07 0015210 44250 95.00 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-189 001 34430 -34.20 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2007-261 001 34430 -188.10 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-248 001 34430 -135.23 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-248 001 34430 -35.78 7/12/2007 ICIVIC SOLUTIONS INC JADMIN FEE -FPL 2007-262 1 001 1 34430 1 -89.78 Page 3 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 76295... CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 34430 -218.03 $11,138.75 ... 7/12/2007 76297 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2007-254 001 34430 -320.63 $50.00 7/12/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-189 001 23010 190.00 7/12/2007 76301 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-189 001 23010 34.20 $225.00 7/12/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2007-261 001 23010 1,045.00 7/12/2007 76302 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2007-261 001 23010 188.10 $70.00 7/12/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-248 001 23010 751.25 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-248 001 23010 135.23 7/12/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-248 001 23010 198.75 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-248 001 23010 35.78 7/12/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2007-262 001 23010 498.75 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2007-262 001 23010 89.78 7/12/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2005-147 001 23010 1,211.25 7/12/2007 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 23010 218.03 7/12/2007 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2007-254 001 23010 1,781.25 7/12/2007 CIVIC SOLUTIONS INC JADMIN FEE -FPL 2007-254 001 23010 320.63 7/12/2007 1 76296 1COMLOCK SECURITY GROUP SUPPLIES -PARKS 1 0015340 1 41200 1 315.391 $315.39 7/12/2007 1 ID D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -MAY 07 0015220 45000 1 46,861.12 7/12/2007 1 76297 JERNIE CORREA PK REFUND-HERITAG PK 1 001 1 23002 1 50.001 $50.00 7/12/2007 76298 & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -APR 07 0015220 45000 52,899.90 $99,761.02 7/12/2007 1 ID D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -MAY 07 0015220 45000 1 46,861.12 7/12/2007 1 76299 JDAVID EVANS AND ASSOCIATES INC IDESIGN SVCS-LORBEER SCH 12505510 1 46420 1 1,000.001 $1,000.00 7/12/2007 EVERGREEN INTERIORS PLANT MAINT-LIBRARY JUN 0014090 1 42210 1 100.00 7/12/2007 1 76300 JDAY & NITE COPY CENTER IPRINT SVCS -RECREATION 0015350 1 42110 1 211.091 $211.09 7/12/2007 1 76301 IDENNIS CAROL PROF.SVCS-PLNG COMM 1 0015210 1 44000 1 225.001 $225.00 7/12/2007 1 76302 JADELFO EMANUELE IRECREATION REFUND 1 001 1 34780 1 70.00 $70.00 7/12/2007 76303 EVERGREEN INTERIORS PLANT MAINT-CITY HALL JUN 0014090 42210 215.00 $315.00 7/12/2007 EVERGREEN INTERIORS PLANT MAINT-LIBRARY JUN 0014090 1 42210 1 100.00 7/12/2007 1 76304 1EXCELLANDSCAPE ILANDSCAPE MAINT-DIST 38 1 1385538 1 45500 1 3,216.341 $3,801.40 Page 4 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 7/12/2007 763D4... EXCEL LANDSCAPE EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 LANDSCAPE MAINT-DIST 41 1415541 1415541 42210 45500 129.66 455.40 $3,801.40... 7/12/2007 1 76305 1EXPRESS TEL ILONG DIST SVCS-JUN/JUL 1 0014090 1 42125 1 61.691 $61.69 7/12/2007 76306 OF SO CAL INC PEST CONTROL -DBC 0015333 45300 75.00 $115.00 7/12/2007 1 1EXTERMINETICS EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 1 45300 40.00 7/12/2007 1 76307 ISAIPELE FAAIUASO IRECREATION REFUND 1 001 1 34780 1 70.001 $70.00 7/12/2007 76308 FEDEX EXPRESS MAIL -FPL 2007-263 001 23010 102.45 $308.28 7/12/2007 IFEDEX EXPRESS MAIL -GENERAL 0014090 42125 1 205.83 7/12/2007 1 76309 IROLDAN FLORES jPK REFUND -DBC 1 001 1 23002 1 500.001 $500.00 7/12/2007 76310 NANCY FONG REIMB-ICSC CONF 0015240 42330 24.40 $67.09 7/12/2007 NANCY FONG REIMB-MTG 0015210 42325 14.69 7/12/2007 76312 NANCY FONG REIMB-ULI WKSHOP 0015210 42340 24.00 $100.00 7/12/2007 NANCY FONG REIMB-LAFCO MTG 0015210 44220 4.00 7/12/2007 1 76311 IMAUDILYNN FONTENETTE jPK REFUND -DBC 1 001 1 23002 1 350.001 $350.00 7/12/2007 1 76312 IFRANCHISE TAX BOARD ISLRY ATTCHMT-7/13/07 1 001 1 21114 1 100.001 $100.00 7/12/2007 1 76313 JBINDHU GEORGE JPK REFUND -DBC 1 001 1 36615 1 400.00 $400.00 7/12/2007 76314 GO LIVE TECHNOLOGY INC CONSULTANT SVCS -WK 7/6 0014070 1 44000 2,025.00 $4,500.00 7/12/2007 IGO LIVE TECHNOLOGY INC CONSULTANT SVCS -WK 6/23 0014070 44000 2,475.00 7/12/2007 1 76315 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL SVCS -MAY 0015230 1 45520 1 9,390.001 $9,390.00 7/12/2007 1 76316 IGROUP DELTA CONSULTANTS IDESIGN SVCS -GOLD RUSH 1 2505510 1 46416 1 3,523.35 $3,523.35 7/12/2007 1 76317 INELLY GUTIERREZ IRECREATION REFUND 001 134780 1 60.00 $60.00 7/12/2007 1 76318 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 1 R45227 1,085.73 $1,800.00 7/12/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 714.27 Page 5 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 7/12/2007 76321 HOME DEPOT CREDIT SERVICES SUPPLIES -COMM SVCS 0015310 42200 9.58 Check Date Check Number Vendor Name HOME DEPOT CREDIT SERVICES Transaction Description 0015340 Fund/ Dept Acct # Amount Total Check Amount 76327 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 92.60 $95.00 7/12/2007 1 76319 IFERDIHANDOJO IRECREATION REFUND 1 001 1 34780 1 95.001 7/12/2007 76328 INLAND VALLEY DAILY BULLETIN LEGAL AD -PUBLIC NOTICE 2505310 $15.29 7/12/2007 1 76320 IHIRSCH & ASSOCIATES INC. REIMB-EXPRESS MAIL 1 2505310 1 R46415 1 15.29 7/12/2007 76321 HOME DEPOT CREDIT SERVICES SUPPLIES -COMM SVCS 0015310 42200 9.58 $107.77 7/12/2007 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 5.59 7/12/2007 76327 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 92.60 7/12/2007 76322 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2005-140 001 23010 221.25 $1,220.00 7/12/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-267 001 23010 198.75 7/12/2007 76327 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-271 001 23010 201.25 7/12/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-245 001 23010 201.25 7/12/2007 76328 INLAND VALLEY DAILY BULLETIN LEGAL AD -PUBLIC NOTICE 2505310 46415 205.00 $2,360.00 7/12/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -PUBLIC HEARING 0015210 42115 192.50 7/12/2007 1 76323 ILEAGUE OF CALIFORNIA CITIES IMEMBERSHIP DUES -07/08 1 0014090 1 42315 1 1,250.00 $1,250.00 7/12/2007 1 76324 IT LEE IRECREATION REFUND 1 001 1 34780 1 101.001 $101.00 7/12/2007 76325 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-500 001 34650 -64.53 $358.50 7/1212007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 05-500 001 23012 358.50 7/12/2007 76327 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-500 001 23012 64.53 7/12/2007 76326 ILEWIS ENGRAVING INC. JENGRAVING SVCS -CITY TILES 0014090 1 42113 1 19.491 $19.49 7/1212007 1 76327 ILIEBERT CASSIDY WHITMORE IMEMBERSHIP DUES -07/08 0014060 1 44000 1 3,080.001$3,080.00 7/12/2007 1 76328 ILESTER LITTLEJOHN REFUND -EN 07-558 1 001 1 23012 1 2,360.001 $2,360.00 7/12/2007 1 76329 TERRY MA IRECREATION REFUND 1 001 1 34780 1 70.00 $70.00 7/1212007 1 76330 IJULIE MANSUR IRECREATION REFUND 1 001 1 34780 1 136.00 $136.00 7/12/2007 1 76331 IBETTY MCGUIRE JPK REFUND-REAGAN 1 001 1 23002 1 50.001 $50.00 7/12/2007 1 76332 IDEVANG MENTA JPK REFUND -DBC 001 123002 1 100.00 $100.00 Page 6 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 7/12/2007 76337 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/29 0015310 44000 158.88 $794.40 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 7/12/2007 1 76333 ISANDRA MENESES IRECREATION REFUND 1001 134780 1 70.00 $70.00 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/18 0015210 44000 158.88 7/12/2007 1 7/12/2007 1 76334 IMOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 10015333 1 41200 1 55.57 $55.57 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 490.91 7/12/2007 7/12/2007 1 76335 IPATRICIA MORALES RECREATION REFUND 001 134780 1 45.001 $45.00 1 IPRINCE SHANT CORP FUEL -GENERAL 0014090 1 42310 1 50.22 7/12/2007 1 76336 INORRIS REPKE INC CONSULTANT SVCS -MAY 07 1 0015240 1 44000 1 2,000.00 $2,000.00 7/12/2007 76337 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/29 0015310 44000 158.88 $794.40 7/12/2007 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/28 0015210 44000 317.76 7/12/2007 76341 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/14 0015210 44000 158.88 $4,138.63 7/12/2007 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/18 0015210 44000 158.88 7/12/2007 1 76338 IGABRIEL PEREZ REFUND -EN 07-572 001 23012 500.00 $500.00 7/12/2007 76339 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 12,878.50 $21,185.23 7/12/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,263.02 7/12/2007 76341 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 43.71 $4,138.63 7/12/2007 1 76340 IPERSONNEL CONCEPTS SUPPLIES-H/R 1 0014060 1 42320 1 253.901 $253.90 7/12/2007 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 353.92 7/12/2007 1 76341 IPIPER JAFFRAY JBND REMRKTNG FEES -APR -JUN 1 0014090 1 42129 1 4,138.63 $4,138.63 7/12/2007 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 45.01 7/12/2007 1 76342 IPOMONA JUDICIAL DISTRICT IPARKING CITATION FEES -MAY 1 001 1 32230 1 2,320.001 $2,320.00 7/12/2007 76343 PRINCE SHANT CORP FUEL-NGHBRHD IMP 0015230 42310 303.57 $2,111.14 7/12/2007 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 353.92 7/12/2007 PRINCE SHANT CORP FUEL -COMM SVCS 0015310 42310 331.77 7/12/2007 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 45.01 7/12/2007 PRINCE SHANT CORP FUEL-NGHBRHD IMP 0015230 42310 394.93 7/12/2007 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 490.91 7/12/2007 PRINCE SHANT CORP FUEL -COMM SVCS 0015310 42310 140.81 7/12/2007 1 IPRINCE SHANT CORP FUEL -GENERAL 0014090 1 42310 1 50.22 7/12/2007 1 76344 IGEETHA RAJARAM IRECREATION REFUND 1 001 1 34780 1 70.001 $70.00 Page 7 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 76345 REGIONAL CHAMBER OF COMMERCE MTG-CMGR 0014030 42325 10.00 $30.00 7/12/2007 $100.00 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 10.00 1 42210 1 7/12/2007 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 10.00 1 001 7/12/2007 1 76346 ISANDRA REYNOSO jPK REFUND -DBC 1 001 1 23002 500.001 $500.00 7/12/2007—T 76347 ISAN GABRIEL VALLEY ECONOMIC PARTNER IMEMBERSHIP DUES -07/080015240 001 1 42315 5,000.00 $5,000.00 7/12/2007 76348 MARIA SANCHEZ REFUND -BLDG PERMIT 001 34110 809.70 $1,045.20 7/12/2007 7/12/2007 MARIA SANCHEZ REFUND -BLDG PERMIT 001 34130 75.00 100.00 7/12/2007 $100.00 MARIA SANCHEZ REFUND -BLDG PERMIT 001 34120 80.00 1 42210 1 7/12/2007 MARIA SANCHEZ REFUND -BLDG PERMIT 001 34140 62.00 1 001 7/12/2007 500.00 MARIA SANCHEZ REFUND -BLDG PERMIT 001 34350 9.50 RECREATION REFUND 7/12/2007 1 1 34780 1 MARIA SANCHEZ REFUND -BLDG PERMIT 001 34310 9.00 jSHOBHA SHAH 7/12/2007 76349 ALI ;ON SCHELF PK REFUND -MAPLE HILL001 23002 50.00 $4,527.13 $50.00 7/12/2007 76350 ISOUTHERN CALIFORNIA PUBLIC LABOR IMEMBERSHIP DUES -07/08 1 0014060 1 44021 1 100.00 $100.00 7/12/2007 76351 JDAVE SEILER REIMB-PARK SUPPLIES 0015340 1 42210 1 501.14 $501.14 7/12/2007 76352 IMARK SEPULVEDA PK REFUND -DBC 1 001 1 23002 1 500.00 $500.00 7/12/2007 76353 INEENA SHAH RECREATION REFUND 1 001 1 34780 1 113.001 $113.00 7/12/2007 76354 jSHOBHA SHAH JPK REFUND-PANTERA 1 001 1 23002 1 50.00 $50.00 7/12/2007 76355 PAMELA SHENG IRECREATION REFUND 1 001 1 34780 1 215.00 $215.00 7/12/2007 76356 SMART & FINAL SUPPLIES -DAY CAMP 1 0015350 1 41200 1 327.941 $327.94 7/12/2007 76357 jSO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL JULY 0014090 1 42140 21,810.60 $21,810.60 7/12/2007 76358 ISOUTHERN CALIFORNIA ASSC OF GOVNMNT MEMBERSHIP 5UES-07/08 0014090 1 42315 1 5,174.001 $5,174.00 7/12/2007 76359 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 381385538 42126 30.72 $4,527.13 7/12/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 284.69 Page 8 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 76359... SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 136.96 $4,527.13 ... 7/12/2007 76361 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 3,891.76 $70.00 7/12/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 183.00 7/12/2007 1 76360 ISTATE DISBURSEMENT UNIT ISILRY ATTCHMT-BY0426064 1 001 21114 1 100.00 F $100.00 7/12/2007 VALLEY CREST LANDSCAPE MAINT INC PARK MAINT-PARKS JUN 0015340 45300 10,986.67 7/12/2007 1 76361 JELIZABETH TABESH IRECREATION REFUND 1 001 34780 70.001 $70.00 7/12/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PARK 0015340 42125 39.14 7/12/2007 1 76362 CATHY TEOH IRECREATION REFUND 1 001 34780 80.001 $80.00 7/12/2007 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 33.07 7/12/2007 1 76363 IMIMI THAICHEN IRECREATION REFUND 1 001 34780 70.001 $70.00 7/1212007 IVERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.61 7/12/2007 1 76364 ITHE COMDYN GROUP INC CONSULTING SVCS -WK 6/22 0014070 1 44000 1 450.001 $450.00 7/12/2007 76365 ITHE POMONA CHAMBER OF COMMERCE MTG-COUNCIL 0014010 1 42325 1 30.001 $30.00 7/12/2007 76366 ITHE RIGHT CONNECTION INC SUPPLIES -RECREATION 1 0015350 1 41200 1 1,002.081 $1,002.08 7/12/2007 76367 ITRANE SERVICE GROUP MAINT-DBC 1 0015333 1 42210 1 849.001 $849.00 7/12/2007 76368 VALLEY CREST LANDSCAPE MAINT INC PARK MAINT-DBC JUN 0015333 45300 5,243.57 $19,957.60 7/12/2007 VALLEY CREST LANDSCAPE MAINT INC PARK MAINT-PARKS JUN 0015340 45300 10,986.67 7/12/2007 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-LORBEER 0015340 45300 3,727.36 7/12/2007 1 76369 IVANTAGEPOINT TRNSFR AGNTS-303248 7/13/07-P/R DEDUCTIONS 001 1 21108 1 27,770.591 $27,770.59 7/12/2007 76370 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 247.38 $1,217.25 7/12/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 89.93 7/12/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PARK 0015340 42125 24.99 7/12/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PARK 0015340 42125 39.14 7/12/2007 VERIZON CALIFORNIA PH.SVCS-PETERSON PARK 0015340 42125 89.68 7/12/2007 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 33.07 7/12/2007 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 663.45 7/1212007 IVERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.61 7/12/2007 1 76371 ISEEMA VERMA RECREATION REFUND 1 001 34780 1 95.001 $95.00 Page 9 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number 1 Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/12/2007 76372 IMYRON VILLANUEVA PK REFUND -DBC 001 36615 400.0-0-r—$400.00 $851.40 7/12/2007 1 76373 IKY VO RECREATION REFUND 1 001 1 34780 1 40.001 $40.00 7/12/2007 76374 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 450.00 $375.26 7/12/2007 76382 WELLS FARGO BANK MEMO CREDIT 0014010 42330 74.74 $851.40 7/12/2007 76375 IWELLS FARGO BANK MTGS-DOYLE 1 0014030 1 42325 1 250.601 $250.60 7/12/2007 76376 WEST COAST ARBORISTS INC TREE MAINT-MAY 07 0015558 1 45509 13.25 $15,862.00 7/12/2007 76382 WEST COAST ARBORISTS INC TREE WATERING -MAY 070015558 001 45510 [__75,,548.001 314.00 $851.40 7/12/2007 1 76377 IPAUL WRIGHT AN SVCS-PLNG COMM 6/26 1 0014090 1 44000 1 157.501 $157.50 7/12/2007 76378 YOSEMITE WATER EQ RENTAL -SYS CYC PK 0015310 42130 13.25 $21.95 7/12/2007 76382 YOSEMITE WATER SUPPLIES -WATER SYC CYN0015350 001 41200 8.70 $851.40 L/19/2007 76379 SAMEER ABDELHADI PK REFUND -DBC 1PK 001 23002 500.00 $398.009/2007 7/19/2007 76382 ISAMEER ABDELHADI REFUND -DBC 001 36615 -102.00 $851.40 7/19/2007 76380 JADVANCED APPLIED ENGINEERING INC PROF.SVCS-PLAN CHECK 001555145223 41200 583.20 $2,912.40 7/19/2007 76382 ADVANCED APPLIED ENGINEERING INC INSTALL -CURB RAMP 2505310 146420 2,329.20 $851.40 7/19/2007 76381 JALBERTSONS MTG SUPPLIES -COMM SVCS 0015350 41200 54.461 $54.46 7/19/2007 76382 JAQUARIUM OF THE PACIFIC EXCURSION -DAY CAMP 0015350 42410 851.401 $851.40 7/19/2007 76383 RLYN ENTERPRISES CANOPIES-P/INFO 0014095 46250 1,806.35 $3,637.94 7/19/2007 76385 fBERLYNENTERPRISES CANOPIES -RECREATION 0015350 42110 914.71 $64.00 7/19/2007 RLYN ENTERPRISES CANOPIES-P/WORKS 1155515 42115 916.88 7/19/2007 1 76384 JERNESTO BLAS IRECREATION REFUND 1 001 34740 69.001 $69.00 7/19/2007 1 76385 LAURA BONILLA IRECREATION REFUND 001 34740 64.00 $64.00 7/19/2007 76386 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 34430 -1,224.00 $11,300.00 7/1912 0 07 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -810.00 Page 10 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76386... BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 001 23010 6,800.00 $11,300.00 ... 7/19/2007 76390 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 23010 1,224.00 $1,320.00 7/19/2007 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 41500.00 7/19/2007 76394 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 810.00 $261.03 7/19/2007 1 76387 IJOCELYN CALDERON IRECREATION REFUND 1 001 34760 45.001 $45.00 7/19/2007 f 76388 ICLEM CALVILLO PK REFUND-SYC CYN PK 00123002 1 250.00 $245.00 7/19/2007 CLEM CALVILLO IREFUND-SYC CYN PK 001 36615 -5.00 7/19/2007 76389 IMARK CARANDANG PK REFUND -HERITAGE PK 1 001 1 23002 200.001 $200.00 7/19/2007 CDW GOVERNMENT INC. COMP EQ -HARDWARE 0014095 46230 833.59 7/19/2007 76390 ICASINO DE PARIS CORP ENTERTAINMENT -SR CASINO 1 0015350 1 45300 1,320.00 $1,320.00 7/19/2007 76391 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41300 1,821.86 $3,436.56 7/19/2007 CDW GOVERNMENT INC. COMP EQ -HARDWARE 0014095 46230 833.59 7/19/2007 76393 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 28.18 $81.00 7/19/2007 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41200 752.93 7/19/2007 76392 ICENTER ICE SKATING ARENA EXCURSION -DAY CAMP 1 0015350 1 42410 300.001 $300.00 7/19/2007 JDAY DAY & NITE COPY CENTER PRINT SVCS -CONCERTS IN PK 0015350 421101 54.13 7/19/2007 76393 JELLA CHAU RECREATION REFUND 001 1 34780 81.001 $81.00 7/19/2007 76394 ICLAREMONT FORD IVEH MAINT-COMM SVCS 0015310 1 42200 261,031 $261.03 7/19/2007 76395 ICORNERSTONE BIBLE COMMUNITY CHURCH ICONTRACT CLASS -WINTER 0015350 1 45320 8,193.331'$8,193.33 7/19/2007 76396 JCRAFCOINC RD MAINT-SUPPLIES 0015554 1 41250 562.461 $562.46 7/19/2007 76397 ID & J MUNICIPAL SERVICES INC PROF.SVCS-PLAN CHECK 1 2505310 1 46415 3,375.00 $3,375.00 7/19/2007 76398 JDAVID EVANS AND ASSOCIATES INC IDESIGN SVCS -COLD SPRING 12505510 1 46416 6,500.001 $6,500.00 7/19/2007 76399 JDAVID J. GRUNDY IP & R COMM -JUN 07 0015350 1 44100 45.001 $45.00 7/19/2007 76400 & NITE COPY CENTER PRINT SVCS -CONCERTS IN PK 0015350 42110 525.01 $624.61 7/19/2007 JDAY DAY & NITE COPY CENTER PRINT SVCS -CONCERTS IN PK 0015350 421101 54.13 Page 11 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76400... DAY & NITE COPY CENTER PRINT SVCS -JULY 4TH 0015350 42110 45.47 $624.61 ... 7/19/2007 76401 IYAO DENG IRECREATION REFUND 001 34760 1 95.001 $95.00 7/19/2007 76408 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 725.00 $431.00 7/19/2007 76402 IDENNIS CAROL PROF.SVCS-P & R COMM 0015310 44000 1 175.001 $175.00 7/19/2007 DH MAINTENANCE ADDL MAINT-DBC JUN 0015333 45300 5,616.50 7/19/2007 76403 IDEPARTMENT OF JUSTICE JEMPLOYMENT FINGERPRINT 0014060 42345 64.001 $64.00 7/19/2007 76404 IDEPT OF TRANSPORTATION ITRAFFIC MAINT-MAY 07 1 0015554 45507 1,225.921 $1,225.92 7/19/2007 76405 IKEN DESFORGES ITUITION REIMB-MAR-JUN 1 0014060 42341 621.571 $621.57 7/19/2007 76406 DH MAINTENANCE JANITORIAL SVCS -DBC JUN 0015333 45300 12,006.50 $24,895.50 7/19/2007 76408 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 725.00 $431.00 7/19/2007 DH MAINTENANCE ADDL MAINT-DBC MAY 0015333 45300 6,547.50 7/19/2007 DH MAINTENANCE ADDL MAINT-DBC JUN 0015333 45300 5,616.50 7/19/2007 1 76407 IDIAMOND BAR CHINESE ASSOCIATION JPK REFUND -DBC 00136615 1 42115 400.00 $400.00 7/19/2007 76408 IDIAMOND BAR HIGH SCHOOL CHEER/PEP REIMB-JULY 4TH 0015350 1 41200 431.001 $431.00 7/19/2007 76409 DIAMOND BAR IMPROVEMENT ASSOCIATION MONTHLY ADS -CONCERTS 0014095 1 42115 900.00 $1,350.00 7/19/2007 76412 DIAMOND BAR IMPROVEMENT ASSOCIATION MONTHLY ADS -JUN 0014095..1 42115 450.00 7/19/2007 76410 DIAMOND BAR/WALNUT YMCA CDBG PROG-APR 07 1255215 42355 2,746.00 $6,427.60 7/19/2007 76412 DIAMOND BARIWALNUT YMCA CDBG PROG-APR-JUN 1255215 42355 3,342.50 7/19/2007 DIAMOND BAR/WALNUT YMCA CDBG PROG-JUN 07 1255215 42355 339.10 7/19/2007 76411 IDIANA CHO & ASSOCIATES CDBG CONSULTANT SVCS -JUN 1 1255215 1 44000 1 1,750.001 $1,750.00 7/19/2007 1 76412 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE -6/16-6/30 1125553 1 45529 13,265.781—$13,265.78 7/19/2007 76413 DMS CONSULTANTS CIVIL ENGINEERS INC CONSULTANT SVCS -JUN 2505510 46411 3,196.00 $13,272.00 7/19/2007 DMS CONSULTANTS CIVIL ENGINEERS INC DESIGN SVCS -GRAND 2505510 46411 2,115.00 7/19/2007 DMS CONSULTANTS CIVIL ENGINEERS INC DESIGN SVCS -GRAND 2505510 46411 850.00 7/19/2007 DMS CONSULTANTS CIVIL ENGINEERS INC DESIGN SVCS -GRAND 2505510 46411 7,111.00 Page 12 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76414 DOLPHIN RENTS INC EQ RENTAL -JULY 4TH 0015350 $2,517.95 7/19/2007 76415 EDAW 1 001 23010 NC $78,070.84 PROF.SVCS-FPL 2007-263 7/19/2007 2,517.95 EDAW INC 001 ADMIN FEE -FPL 2007-263 7/19/2007 7/19/2007 EDAW INC 23010 PROF.SVCS-FPL 2007-263 7/19/2007 001 EDAW INC 32,106.06 ADMIN FEE -FPL 2007-263 7/19/2007 23010 EDAW INC EXPRESS MAIL CORPORATE ACCOUNT PROF.SVCS-FPL 2007-263 7/19/2007 -2,357.33 EDAW INC 001 ADMIN FEE -FPL 2007-263 7/19/2007 $552.58 EDAW INC 34430 ADMIN FEE -FPL 2007-263 7/19/2007 0014095 EDAW INC 3,066.08 ADMIN FEE -FPL 2007-263 7/19/2007 EDAW INC ADMIN FEE -FPL 2007-263 001 23010 13,096.28 $78,070.84 001 42130 2,517.95 001 23010 13,096.28 $78,070.84 001 23010 2,357.33 GRAFFITI CONTROL SYSTEMS 001 23010 32,868.50 7/19/2007 001 23010 5,916.33 001 001 23010 32,106.06 EXPRESS MAIL -FPL 2007-271 001 23010 5,779.09 EXPRESS MAIL CORPORATE ACCOUNT 001 34430 -2,357.33 001 34430 -5,916.33 $552.58 001 34430 -5,779.09 7/19/2007 76416 EDUCATION TO GO CONTRACT CLASS -SPRING 0015350 45320 260.00 $260.00 7/19/2007 7/19/2007 76417 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-265 EXPRESS MAIL -FPL 2007-249 001 001 001 7/19/2007 GRAFFITI CONTROL SYSTEMS EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2004-81 001 7/19/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-245 001 7/19/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-271 001 7/19/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 7/19/2007 7/19/2007 7/19/2007 7/19/2007 7/19/2007 7/19/2007 7/19/2007 7!19/2007 7/19/2007 76418 I FEDEX 76419 GASSER OLDS CO INC 76420 ARMANDO GONZALEZ 001 42120 76421 GRAFFITI CONTROL SYSTEMS 76422 GRAND MOBIL 76423 GRAPHICS UNITED 76424 GREENLAND CONCEPT LANDSCAPING GREENLAND CONCEPT LANDSCAPING MAIL -GENERAL MAIL -GENERAL PLAQUES-SYC CYN PK [RECREATION REFUND GRAFFITI REMOVAL SVCS -JUN VEH MAfNT-POOL VEH PRINT SVCS -NEWSLETTER REFUND -PERMIT REFUND -PERMIT Page 13 23010 23010 23010 23010 23010 42120 L�m 0015340 42210 2,690.23 $2,690.23 001 34780 95.00 $95.00 0015230 45520 7,830.00 $7,830.00 42120 307.74 $514.09 001 42120 206.35 001 34620 25.00 $280.00 001 34630 255.00 0014090 42200 552.58 $552.58 0014095 44000 3,066.08 $3,066.08 001 34620 25.00 $280.00 001 34630 255.00 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76425 JANUJ GULATI PK REFUND -DBC 001 23002 700.00 $700.00 7/19/2007 1 76426 IBARRETT HALCROMB PK REFUND -HERITAGE 1 001 1 23002 1 200.001 $200.00 7/19/2007 DANIEL HERNANDEZ PK REFUND -DBC 001 36615 -68.00 7/19/2007 1 76427 IJIM HAYS IRECREATION REFUND 1 001 1 34780 1 95.00 $95.00 7/19/2007 76428 JDANIEL HERNANDEZ PK REFUND -DBC 001 23002 500.00 $432.00 7/19/2007 DANIEL HERNANDEZ PK REFUND -DBC 001 36615 -68.00 7/19/2007 76429 DIANA HERNANDEZ IRECREATION REFUND 1 001 1 34780 1 105.00 $105.00 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -GENERAL 0014090 41400 52.57 7/19/2007 76430 ILEW HERNDON IP & R COMM -JUN 07 0015350 1 44100 1 45.00 $45.00 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -GENERAL 0014090 42325 9.58 7/19/2007 76431 JHEWLETT PACKARD COMPANY ICOMP MAINT-I.T. 1125553 1 42205 1,051.111 $1,051.11 7/19/2007 IMPAC GOVERNMENT SERVICES PUBLICATIONS -FINANCE 0014050 42320 107.59 7/19/2007 76432 IROSIE HORCASITAS IRECREATION REFUND 001 1 34760 195.001 $195.00 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -HIR 0014060 41200 111.26 7/19/2007 76433 IDORIS HSIEH IRECREATION REFUND 001 1 34780 95.001 $95.00 7/19/2007 76435 IMPAC GOVERNMENT SERVICES MTG SUPPLIES -GENERAL 0014090 42325 33.95 $6,796.26 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -GENERAL 0014090 41400 52.57 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -GENERAL 0014090 41200 7.16 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -GENERAL 0014090 42325 9.58 7/19/2007 IMPAC GOVERNMENT SERVICES GFOA CONF-MAGNUSON 0014050 42330 54.12 7/19/2007 IMPAC GOVERNMENT SERVICES PUBLICATIONS -FINANCE 0014050 42320 107.59 7/19/2007 IMPAC GOVERNMENT SERVICES ADS -BUS SHELTER CONCERTS 0014095 42115 649.50 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -HIR 0014060 41200 111.26 7/19/2007 IMPAC GOVERNMENT SERVICES EQ -PARKS 0015340 46250 177.55 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 42200 31.11 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -ROAD MAINT 0015554 41250 240.15 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -PARKS 0015340 42210 12.44 7/19/2007 IMPAC GOVERNMENT SERVICES EQ RENTAL -PARKS 0015340 42130 438.32 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 41200 1,076.53 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -TINY TOTS 0015350 42410 36.00 7/19/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 0015350 41200 200.12 7/19/2007 JIMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 41200 146.05 Page 14 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76435... IMPAC GOVERNMENT SERVICES MTG-INFO SYS 0014070 42335 49.00 $6,796.26 7/19/2007 76441 IMPAC GOVERNMENT SERVICES COMP EQ -HARDWARE 0014070 46230 1,875.96 ... 7/19/2007 76442 IMPAC GOVERNMENT SERVICES ICSC CONF-FONG 0015210 42330 268.86 $99.27 7/19/2007 76443 IMPAC GOVERNMENT SERVICES MTG-FONG 0015210 42335 29.98 $50.00 7/19/2007 76444 IMPAC GOVERNMENT SERVICES PUBLICATIONS-P/WORKS 0015510 42320 171.17 $13,357.60 7/19/2007 76445 IMPAC GOVERNMENT SERVICES MTG-P/WORKS 0015510 42325 37.29 $95.00 7/19/2007 76446 IMPAC GOVERNMENT SERVICES TRNG-COMM DEV 0015210 42340 980.00 $1,647.50 7/19/2007 1 76436 INLAND EMPIRE STAGES EXCURSION -MISSION INN 0015350 1 45310 1,147.00 $1,876.00 7/19/2007 1 INLAND EMPIRE STAGES TRANSPORTATION-EXCURSN 1125350 45310 729.00 $553.60 7/19/2007 1 76437ODEH JAMILEH jPK REFUND -DBC 0011 23002-7 350.001 $350.00 7/19/2007 76438 JENKINS & HOGIN, LLP GEN LEGAL SVCS -JUN 07 0014020 44020 7,702.40 $16,027.70 7/19/2007 76440 JENKINS & HOGIN, LLP GEN LEGAL SVCS -COMM DEV 0014020 44020 3,170.60 $553.60 7/19/2007 76441 JENKINS & HOGIN, LLP GEN LEGAL SVCS -COMM SVCS 0014020 44020 66.40 $7,515.00 7/19/2007 76442 JENKINS & HOGIN, LLP GEN LEGAL SVCS-P/WORKS 0014020 44020 531.20 $99.27 7/19/2007 76443 JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES 0014020 44021 4,053.10 $50.00 7/19/2007 76444 JENKINS & HOGIN, LLP GEN LEGAL SVCS-AERA ENERG 0014020 44021 180.00 $13,357.60 7/19/2007 76445 JENKINS & HOGIN, LLP GEN LEGAL SVCS-S.POINTE 0014020 1 44021 324.00 $95.00 7/19!2007 76439 IKEITH JOHNSON ENTERTAINMENT -SR LUAU 0015350 1 45300 350.001 $350.00 7/19/2007 76440 IJUDICIAL DATA SYSTEM CORP IPARKING CITE ADMIN -JUN 07 0014411 45405 553.60 $553.60 7/19/2007 76441 IKATZ OKITSU & ASSOCIATES NGHBRHD TRFFC-PHASE 2 0015554 1 44520 7,515.001 $7,515.00 7/19/2007 76442 IKENS HARDWARE SUPPLIES -ROAD MAINT 0015554 1 41250 99.27 $99.27 7/19/2007 1 76443 IJAE KIM PK REFUND-REAGAN 001 1 23002 50.001 $50.00 7/19/2007 76444 IKIMLEY HORN AND ASSOCIATES INC IDESIGN SVCS -PROSPECTORS 2505510 1 46411 13,357.60 $13,357.60 7/19/2007 76445 IMARYHELEN KUETER RECREATION REFUND 001 1 3476095.00 $95.00 7/19/2007 76446 ILAE ASSOCIATES INCCONSULTANT SVCS -JUN 07 1 0015551 45221 1,647.501 $1,647.50 Page 15 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number 1 Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76447 LANDS' END BUSINESS OUTFITTERS SUPPLIES-NGHBRHD IMP 0015230 41200 148.20 $148.20 7/19/2007 1 76448 ILANDSCAPE STRUCTURES INC PARK EQ-SYC CYN PK 1 2505310 1 46415 1 9,237.641 $9,237.64 7/19/2007 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 1 42113 19.49 7/19/2007 1 76449 ILANTERMAN DEV CENTER/COMM INDUSTRIE IPARKWAY MAINT-JUN 07 1 0015558 1 45503 1 1,906.361 $1,906.36 7/19/2007 1 76450 JLDM ASSOCIATES INC. CONSULTANT SVCS -JUN 1 1255215 1 44000 1 2,731.25 $2,731.25 7/19/2007 1 76451 ILEAGUE OF CALIFORNIA CITIES ANNL MTG-COUNCIL 1 0014010 1 42325 1 40.001 $40.00 7/19/2007 1 76452 JKWANG HO LEE jPLNG COMM -MAY 07 0015210 1 44100 1 130.001 $130.00 7/19/2007 1 76453 ILEIGHTON & ASSOCIATES, INC. IGEOTECHNICAL SVCS-SYC CYN 1 2505310 1 46415 1 7,000.001 $7,000.00 7/19/2007 1 76454 ILETTER PERFECT SIGNS MAINT-PETERSON PK 1 0015340 1 42210 1 268.461 $268.46 7/19/2007 76455 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 1 42113 69.26 $88.75 7/19/2007 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 1 42113 19.49 7/19/2007 1 76456 ISHERILEYLAND PK REFUND-SYC CYN PK 1 001 1 23002 1 200.001 $200.00 7/19/2007 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-MAY 07 0015340 1 42210 590.66 7/19/2007 1 76457 IJANET LIOURECREATION REFUND 001 34780 50.00 $50.00 7/19/2007 76458 LOS ANGELES COUNTY PUBLIC WORKS TRAFFIC SIGNAL MAINT-MAY 0015554 1 45507 304.32 $894.98 7/19/2007 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-MAY 07 0015340 1 42210 590.66 L7/11 /19/2007 76459 SAMIR MOHAMEDY ISAMIR PK REFUND -DBC 001 23002 700.00 $632.00 9/2007 MOHAMEDY PK REFUND -DBC 001 36615 -68.00 7/19/2007 1 76460 1JENNIFER MORA RECREATION REFUND 1 001 j 34740 64.001 $64.00 7/19/2007 76461 RALPH NAVAL PK REFUND -HERITAGE PK 001 23002 200.00 $100.00 7/19/2007 RALPH NAVAL PK REFUND -HERITAGE PK 001 36615 100.00 7/19/2007 1 76462 ISTEVE G NELSON JPLNG COMM -MAY 07 1 0015210 1 44100 1 130.00 $130.00 7/19/2007 1 76463 INEXTEL COMMUNICATIONS ICELL CHRGS-P/W,C/S,C/D 1 0014090 1 42130 1 543.481 $543.48 Page 16 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 l:necK nate Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76464 1KATHLEEN ERIN NOLAN PLNG COMM -MAY 07 0015210 44100 65.00 7,595.00$7,595.00 $65.00 7/19/2007 76465 INOLTE ASSOCIATES CONSULTANT SVCS -ANNEX 0015210 44220 6,752.001 $6,752.00 7/19/2007 76466 INORRIS REPKE INC ISLURRY SEAL -ZONE 1 1 2505510 46411 7,595.00$7,595.00 7/19/2007 76467 OLYMPIC STAFFING SERVICES ITEMP SVCS -WK 7/8 0015310 1 44000 635.52 $635.52 7/19/2007 1 76468 JORIENTAL TRADING COMPANY INC SUPPLIES -TINY TOTS 1 0015350 41200 148.45 $148.45 7/19/2007 76469 LE -]CIA OROZCO RECREATION REFUND 1 001 34760 150.00 $150.00 7/19/2007 76470 ITED OWENS 7P & R COMM -JUN 07 0015350 44100 1 45.001 $45.00 7/19/2007 76471 KEN PANSURIA PK REFUND -DBC 001 36615 -70.00 $430.00 7/19/2007 KEN PANSURIA 1PK REFUND -DBC 001 23002 500.00 7/19/2007 76472 IRALPHS GROCERY/FOOD 4 LESS SUPPLIES -COMM SVCS 1 0015350 1 41200 37.35 $37.35 7/19/2007 76473 ICAROLINA RAYGOZA jPK REFUND -DBC 001 123002 500.001 $500.00 7/19/2007 176474 REINBERGER PRINTWERKS PRINT SVCS -ENVELOPES 1 0014090 1 42110 412.431 $412.43 7/19/2007 76475 DIANE REYES PK REFUND -HERITAGE PK 1 001 1 23002 50.001 $50.00 7/19/2007 76476 jRJH CONSTRUCTION PK REFUND -MAPLE HILL 1 001 1 23002 50.00 $50.00 7/19/2007 76477 ROAD HAULER INC TRAILER -COMM SVCS 1 0015310 46250 6,333.371 $6,333.37 7/19/2007 76478 IRAFAEL RODRIGUEZ JPK REFUND-SYC CYN PK 001 23002 50.001 $50.00 7/19/2007 76479 RIGOBERTO ROJAS PK REFUND -DBC 00123002 600.00 $566.00 7/19/2007 IRIGOBERTO ROJAS PK REFUND -DBC 001 36615 34.00 7/19/2007 76480 IS & S WORLDWIDE INC SUPPLIES -DAY CAMP 0015350 41200 284.03 $284.03 7/19/2007 76481 1SAMPSON GRAPHICS PROF.SVCS-P/INFO 0014095 44000 37.501 $37,50 Page 17 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 7/19/2007 76482 INEENA SHAH NEENA SHAH PK REFUND -DBC PK REFUND -DBC 001 001 23002 36615 700.00 -34.00 $666.00 7/19/2007 76483 ISIMPSON ADVERTISING INC IDESIGN SVCS -CONCERTS PK 1 0014095 1 44000 1 1,120.00 $1,120.00 7/19/2007 76484 ICATHERINE SINGH IRECREATION REFUND 001 134740 1 64.001 $64.00 7/19/2007 76485 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 408.02 $10,910.75 7/19/2007 76489 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 219.84 $4,992.39 7/19/2007 76490 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 388.07 $150.00 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 15.52 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 15.52 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 15.36 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 15.36 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 620.18 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 16.38 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 399.98 7/19/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 15.36 7/19/2007 ISOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 8,781.16 7/19/2007 1 76486 ISTEVEN ENTERPRISES INC SUPPLIES-P/WORKS 1 0015510 1 46250 1 140.491 $140.49 7/19/2007 76487 STITCHES UNIFORMS & EMBROIDERY SUPPLIES -DAY CAMP 0015350 41200 4,702.95 $4,734.21 7/19/2007 76489 STITCHES UNIFORMS & EMBROIDERY SUPPLIES -RECREATION 0015350 41200 31.26 $4,992.39 7/19/2007 1 76488 IMARTHA STOKES RECREATION REFUND 001 1 34780 1 95.001 $95.00 7/19/2007 76489 ISTUBBIES PROMOTIONS PROMO ITEMS-P/INFO 0014095 1 41400 4,992.391 $4,992.39 7/19/2007 76490 THE COMDYN GROUP INC ICONSULTANT SVCS -WK 6/29 0014070 1 44000 150.001 $150.00 7/19/2007 76491 THE SAN GABRIEL VALLEY NEWSPAPER GR AD -PAUL GROW RETROFIT 2505310 1 46415 211.84 $323.72 7/19/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR AD-LORBEER SCH FIELD 2505510 46420 111.88 7/19/2007 76492 IYOLANDA TIBAYANLPK REFUND -DBC 001 23002 700.00 $666.00 7/1 912 0 07 YOLANDA TIBAYAN PK REFUND -DBC 001 36615 -34.00 Page 18 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/19/2007 76493 ITRAFFIC CONTROL SERVICE INC ISTRIPING EQUIP 0015554 46250 5,313.99 $5,313.99 7/19/2007 1 76494 ITRAFFIC CONTROL SUPERVISORS ASSN TRNG-J FUENTES 1 0015510 1 42340 1 285.001 $285.00 7/19/2007 1 76495 TRENCH PLATE RENTAL CO SUPPLIES -ROAD MAINT 0015554 42130 80.00 $160.00 7/19/2007 TRENCH PLATE RENTAL CO �EQ RNTL-ROAD MAINT 0015554 1 42130 80.00 7/19/2007 76496 TRUGREEN LANDCARE ADDL MAINT-DIST 38 1385538 42210 4,492.00 $7,901.88 7/19/2007 TRUGREEN LANDCARE ADDL MAINT-SYC CYN PK 0015340 42210 1,500.00 7/19/2007 TRUGREEN LANDCARE ADDL MAINT-PARKS MAY 0015340 42210 246.60 7/19/2007 TRUGREEN LANDCARE ADDL MAINT-DIST 38 MAY 1385538 42210 296.03 7/19/2007 TRUGREEN LANDCARE ADDL MAINT-DIST 39 MAY 1395539 42210 976.79 7/19/2007 1 ITRUGREEN LANDCARE JADDL MAINT-DIST 41 MAY 1415541 42210 390.46 7/19/2007 76497 IVERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 78.50 $188.48 7/19/2007 VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACIS 0014090 42125 109.98 7/19/2007 76498 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAY 0015350 42140 400.00 $2,000.00 7/19/2007 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -JUN 0015350 42140 800.00 7/19/2007 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -JUN 0015350 42140 800.00 7/19/2007 76499 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 12,340.37 $41,349.96 7/19/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 4,381.65 7119/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 7,619.64 7/19/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 16,843.87 7/19/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 164.43 7/19/2007 1 76500 JOSMAN WEI PLNG COMM -MAY 07 1 0015210 1 44100 1 130.00 $130.00 7/19/2007 76501 WELLS FARGO BANK SUPPLIES-I.T. 0014070 41300 49.74 $1,439.13 7/19/2007 WELLS FARGO BANK SUPPLIES -RECREATION 0015350 41200 69.34 7/19/2007 WELLS FARGO BANK SUPPLIES -RECREATION 0015350 41200 31.09 7/19/2007 WELLS FARGO BANK SUPPLIES -DIST 41 1415541 42210 398.00 7/19/2007 WELLS FARGO BANK VEH MAINT-COMM SVCS 0015310 42200 810.96 7/1912007 1 IWELLS FARGO BANK EXCURSION -DAY CAMP 0015350 42410 80.00 Page 19 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 7/26/2007 7/26/2007 7!26/2007 Total Check Amount 7/19/2007 76502 WEST COAST MEDIA JULY AD-CONCERTS/MOVIES 0014095 42115 525.00 $525.00 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/19/2007 76503 IWILDLIFE CORRIDOR CONSERVATION AUTH IMEMBERSHIP DUES -FY 07/08 0014090 42315 500.00 $500.00 ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP 7/19/2007 76504 JYI TONY TORNG PLNG COMM -MAY 07 0015210 44100 130.001 $130.00 001 001 001 001 001 001 7/19/2007 76505 RACHEL ZHURECREATION REFUND 001 34780 95.001 $95.00 1,485.00 267.30 -267.30 495.00 89.10 -89.10 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 76506 ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC ADVANCED APPLIED ENGINEERING INC JADMIN PROF.SVCS-EN 07-553 ADMIN FEE -EN 07-553 ADMIN FEE -EN 07-553 PROF.SVCS-EN 07-553 ADMIN FEE -EN 07-553 ADMIN FEE -EN 07-553 PROF.SVCS-PLAN CHECK PROF.SVCS-EN 07-559 ADMIN FEE -EN 07-559 FEE -EN 07-559 001 001 001 001 001 001 0015551 001 001 001 23012 23012 34650 23012 23012 34650 45223 23012 23012 34650 1,500.00 375.00 -375.00 1,500.00 375.00 -375.00 692.35 1,465.66 263.82 -263.82 $5,158.01 7/26/2007 7/26/2007 76507 AGRICULTURAL COM WGHTS & MEASURES IWEED AGRICULTURAL COM WGHTS & MEASURES ABATEMENT -DIST 39 WEED ABATEMENT -DIST 41 1395539 1415541 42210 45519 20,215.77 11,209.33 $31,425.10 7/26/2007 1 76508 JAMERICAN ASPHALT SOUTH INC. ISLURRY SEAL -AREA 2 2505510 46411 28,750.281 $28,750.28 7/26/2007 1 76509 JAMERICAN MINI STORAGE ISTORAGE RENTAL -FY 07/08 0014090 42140 13,398.001 $13,398.00 7/26/2007 7/26/2007 7!26/2007 76510 AMERICOMP GROUP INC AMERICOMP GROUP INC AMERICOMP GROUP INC SUPPLIES -TONERS SUPPLIES -TONERS SUPPLIES -TONERS 0014070 0014070 0014070 45000 45000 45000 276.04 100.67 279.29 $656.00 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 76511 ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-569 ADMIN FEE -EN 07-569 ADMIN FEE -EN 07-569 PROF -SVCS -EN 06-507 ADMIN FEE -EN 06-507 ADMIN FEE -EN 06-507 001 001 001 001 001 001 23012 23012 34650 23012 23012 34650 1,485.00 267.30 -267.30 495.00 89.10 -89.10 $3,135.00 Page 20 Check Date [ Check Number 7/26/2007 I 76511.. 7/26/2007 7/26/2007 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Vendor Name GEOTECHNICAL CORP GEOTECHNICAL CORP GEOTECHNICAL CORP Transaction Description =.SVCS -EN 07-555 N FEE -EN 07-555 N FEE -EN 07-555 Fund/ Dept I Acct # 001 23012 001 23012 001 1 34650 Amount Total Check Amount 1,155.00 $3,135.00... 207.90 21105 -207.90 $381.91 7/26/2007 1 76513 ISTACEY BAE RECREATION REFUND 001 34760 95.00 $95.00 7/26/2007 1 76515 BENESYST 7/27/07-P/R DEDUCTIONS 001 21105 381.91 $381.91 7/26/2007 1 7/26/2007 76516 76517 ITIFFANY BERMUDEZ IBURGER CONTINENTAL PK REFUND-REAGAN PK SUPPLIES -SR CASINO NIGHT 001 0015350 23002 45300 50.00 811.85 $50.00 $811.85 7/26/2007 76518 ICLORIS CARRILLO RECREATION REFUND 001 34760 143.00 $143.00 7/26/2007 76519 L IRRAINE CHAVEZ PK REFUND -DBC 001 23002 550.00 7/26/2007 7!26/2007 7/26/2007 7/26/2007 LORRAINE CHAVEZ PK REFUND -DBC 001 36615 -125.00 $425.00 7/26/2007 I 76520 ELAINE CHENG PK REFUND-HERITAGE 001 23002 50.UU �SU.UU 7!26/2007 7/26/2007 7/26/2007 76521 76522 76523 MYUNG CHOI NANCY COLE ID & J MUNICIPAL SERVICES INC RECREATION REFUND PK REFUND-DBC001 BLDG & SFTY SVCS -JUN 07 001 0015220 34780 23002 45201 85.001 200.00 81,839.82 $85.00 $200.00 $81,839.82 7/26/2007 7/26/2007 76524 76525 IDENNIS CAROL IDIAMOND BAR INTERNATIONAL DELI PROF.SVCS-CC/SS 7/17 MTG SUPPLIES-CCNCL 0014030 0014090 1 44000 42325 325.001 175.00 $325.00 $175.00 7/26/2007 76526 IDIAMOND BAR SENIOR CITIZENS CLUB REIMB-CLUB INS 1255215 144000 508.00 $508.00 Page 21 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 1 45310 Amount Total Check Amount $5,061.49 7/26/2007 76527 DISNEYLAND EXCURSION -DAY CAMP 0015350 42410 42330 210.00 3,930.00 $3,930.00 7/26/2007 76528 IDURHAM SCHOOL SERVICES EXCURSION -DAY CAMP 1 1125350 1 45310 5,061.49 $5,061.49 7/26/2007 76529 JALFREDO ESTEVEZ PER DIEM-GRANICUS CONF 0014095 42330 210.00 $210.00 7/26/2007 76530 EVERGREEN INTERIORS PLANT SVCS-JUL 07 DBC 0015333 45300 171.60 $171.60 7/26/2007 7/26/2007 7/2612007-1 7/26/2007 f 7/26/2007 7/26/2007 76531 76532 76533 76534 76535 76536 FRANCHISE TAX BOARD IRMA GARCIA IGATEWAY COMPANIES INC GLENN'S REFRIGERATION GO LIVE TECHNOLOGY INC IGOVIS LLC ISLRY ATTCHMT-7/27/07 RECREATION REFUND LAPTOP-P/INFO MAINT-DBC ICONSULTANT SVCS -WK 7/20 ANNL MAINT-TRANSIT SYS 001 001 0014070 0015333 0014070 1125553 21114 34780 46230 42210 44000 42205 100.001 95.001 2,295.17 690.00 3,750.001 5,000.00 $100.00 $95.00 $2,295.17 $690.00 $3,750.00 $5,000.00 7/26/2007 76537 GOVPARTNER REQUEST PARTNER-JUL 07 1185098 1 44030 850.001 $850.00 7/26/2007 7/26/2007 76538 76539 IGRANICUS INC ICARLOS GUERRERO ICONSULTANT SVCS -FY 07/08 RECREATION REFUND 0014070 001 44030 36625 12,000.001 90.001 $12,000.00 $90.00 7/26/2007 7/26/2007 7/26/2007 76540 HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL & FOREMAN, INC. PROF.SVCS-EN 06-541 ADMIN FEE -EN 06-541 ADMIN FEE -EN 06-541 001 001 001 23 L�VVL 34760 50.001 235.001 23012 23012 34650 190.00 47.50 -47.50 $190.00 IMINYA HWANG 7/26/2007 I 7/26/2007 76541 76542 IMARY HALL 1BARBARA HENNESSY PK REFUND-4YC' CYN PK _ _ . _ _ ...... RECREATION REFUND 001 ., 001 23 L�VVL 34760 50.001 235.001 $50.00- $235.00 7/26/2007 76543 IMINYA HWANG PK REFUND -DBC 001 23002 100.00 $100.00 7/26/2007 1 76544 IYUKARI IIZUKA RECREATION REFUND 001 34780 40.001 $40.00 Page 22 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 7/26/2007 76546 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-JUL 07 1 0015350 1 45300 2,880.00 $2,880.00 7/26/2007 76548 IJOE A. GONSALVES & SON INC. LEGISLATIVE SVCS-JUL 07 1 0014030 44000 1 1,342.751 50.00 277.50 525.00 94.50 -94.50 3,0067.0—OF $3,000.00 Chec=76545 76549 Vendor Name EXCURSION -DAY CAMP Transaction Description 42410 Fund/ Dept Acct # Amount Total Check Amount 0015350 0014030 7/26INLAND 597.00 427.50 EMPIRE STAGES 7/26/2007 EXCURSION -TRANSPORTATION ILASERLOCK SPECIALTIES INC 1 1125350 45310 1 41300 517.20 $517.20 573.001 $573.00 LAWRY'S THE PRIME RIB JIMMY LEE 7/26/2007 76546 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-JUL 07 1 0015350 1 45300 2,880.00 $2,880.00 7/26/2007 76548 IJOE A. GONSALVES & SON INC. LEGISLATIVE SVCS-JUL 07 1 0014030 44000 1 1,342.751 50.00 277.50 525.00 94.50 -94.50 3,0067.0—OF $3,000.00 7/26/2007 76549 JUMPING JACKS INC EXCURSION -DAY CAMP 1 0015350 42410 7/26/2007 7/26/2007 1 76554 76555 585.00 $585.00 7/26/2007 7/26/2007 7/26/2007 76550 KATZ OKITSU & ASSOCIATES KATZ OKITSU & ASSOCIATES KATZ OKITSU & ASSOCIATES PROF.SVCS-EN 07-559 ADMIN FEE -EN 07-559 ADMIN FEE -EN 07-559 001 001 001 23012 23012 34650 1,342.751 50.00 277.50 525.00 94.50 -94.50 $525.00 7/26/2007 7/26/2007 7/26/2007 76551 76552 76553 KNOTT'S BERRY FARM IJI YUN KWON ILA OPINION EXCURSION -DAY CAMP PK REFUND -MAPLE HILL PK AD -NOT OF ELECTION 1 0015350 001 0014030 42410 23002 42390 1,342.751 50.00 277.50 $1,342.75 $50.00 $277.50 $2,487.00 7/26/2007 7/26/2007 1 76554 76555 LA PHILHARMONIC LANGUAGE LINK JADULT EXCURSION -DEP PROF.SVCS-TRANSLATION 0015350 0014030 1 45310 42390 597.00 427.50 $597.00 $427.50 7/26/2007 76556 ILASERLOCK SPECIALTIES INC LASER EQUIP 0014411 1 41300 517.20 $517.20 7/26/2007 7/26/2007 76557 76558 LAWRY'S THE PRIME RIB JIMMY LEE JADULT EXCURSION -11/10 IRECREATION REFUND 0015350 001 j 45310 34780 1 240.00 110.00 $240.00 $110.00 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 1 76559 ILEIGHTON LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. & ASSOCIATES, INC. PROF.SVCS-EN 07-552 ADMIN FEE -EN 07-552 ADMIN FEE -EN 07-552 PROF.SVCS-EN 04-449 ADMIN FEE -EN 04-449 ADMIN FEE -EN 04-449 001 001 001 001 001 001 23012 23012 34650 23012 23012 34650 597.50 107.55 -107.55 608.04 109.45 -109.45 $2,487.00 Page 23 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name ICONSULTANT SVCS-H/R Transaction Description 44021 Fund/ Dept Acct # 7/26/2007 Amount Total Check Amount RECYCLING SVCS -BATTERIES 7/26/2007 76559... LEIGHTON & ASSOCIATES, INC. $185.20 PROF.SVCS-EN 04-449 76563 001 23012 0015350 45305 570.00 1,281.46 $2,487.00 7/26/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 001 23012 230.66 ... 0015350 7/26/2007 570.00 LEIGHTON & ASSOCIATES, INC. 7/26/2007 ADMIN FEE -EN 04-449 LIVESOUND CONCEPTS 001 34650 -230.66 570.00 $570.00 7/26/2007 1 76560 IDIANE LEVISE RECREATION REFUND j 001 1 36615 1 50.001 $50.00 7/26/2007 1 76561 ILIEBERT CASSIDY WHITMORE ICONSULTANT SVCS-H/R 0014060 44021 365.00 $365.00 7/26/2007 76562 LIGHTING RESOURCES LLC RECYCLING SVCS -BATTERIES 1155515 44000 185.20 $185.20 7/26/2007 76563 ILIVESOUND CONCEPTS SOUND SYS- CONCERTS 7/11 0015350 45305 570.00 $570.00 7/26/2007 76564 ILIVESOUND CONCEPTS ISOUND SYS -CONCERTS 7/18 0015350 45305 570.00 $570.00 7/26/2007 76565 LIVESOUND CONCEPTS ISOUND SYS -CONCERTS 7/25 0015350 45305 570.00 $570.00 7/26/2007 76566 LIVESOUND CONCEPTS ISOUND SYS -CONCERTS 8/1 0015350 45305 570.001 $570.00 7/26/2007 76567 LIVESOUND CONCEPTS SOUND SYS -CONCERTS 8/8 0015350 45305 570.00 $570.00 7/26/2007 76568 ILIVESOUND CONCEPTS SOUND SYS -CONCERTS 8/15 0015350 45305 570.001 $570.00 7/26/2007 76569 ILIVESOUND CONCEPTS ISOUND SYS -CONCERTS 8/22 0015350 45305 570.001 $570.00 Page 24 Page 25 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/26/2007 76571... LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -JUN 07 0014411 45401 334,810.59 $385,670.78... 7/26/2007 1 76572 IM & N INTERNATIONAL SUPPLIES -SR EVENTS 0015350 1 41200 203.37 $203.37 7!26/2007 76573 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 7!26/2007 OFFICEMAX CONTRACT INC 0014030 41200 322.50 $2,781.65 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES-I.T. 0014070 41200 38.94 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 196.80 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 207.54 7/26/20070015350 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 41200 8.52 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES -COMM SVCS 0015350 41200 46.06 7/26/20070015210 OFFICEMAX CONTRACT INC SUPPLIES-PLNG 41200 1,468.25 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 20.04 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES -CITY MANAGER 0014030 41200 38.73 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES -HIR 0014060 41200 59.31 7/26/20070014070 OFFICEMAX CONTRACT INC SUPPLIES -MIS 41200 129,92 7/26/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 146.28 7/26/20070014090 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 41200 12.23 7/26(2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 76.83 SUPPLIES -COMM SVCS 0015350 41200 g,70 7/26/2007 1 76574 JOLYMPIC STAFFING SERVICES TEMP SVCS -WK 7/15 0015310 44000 158.88 $158.88 7/26/2007 76575 IPALM SPRINGS FOLLIES EXCURSION -DEPOSIT 0015350 45310 260.001 $260.00 7/26/2007 76576 IPARESH PANCHAL RECREATION REFUND 001 34780 187.001 $187.00 7/26/2007 76577 PERS HEALTH AUG 07 -HEALTH INS PREMS 7/26/2007001 PERS HEALTH 21105 20,451.95 $22,675.80 7/26/2007 PERS HEALTH ADMIN FEE -AUG 07 0014090 40086 167.60 7/26/20070014060 PERS HEALTH ADMIN FEE -AUG 07 40093 105.05 ADMIN FEE -AUG 07 0015350 40090 1,957.20 7/26/2007 76578 PERS RETIREMENT FUND RETIRE CONTRIB-ER 7/26/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 13,470.04 $22,156.28 7/26/2007 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 8,642.53 001 21109 43.71 7/26/2007 76579 PERS RETIREMENT FUND SURVIVOR __N EFIT 001 21109 8 00 $542.44 Page 25 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vend N or ame L7126/2007 6/2007 76579... PERS RETIREMENT FUND PERS RETIREMENT FUND 71'> onn- - ck. SUN StKVICE INDUSTRIES LP L7/26�12007 /2PROTECTION SERVICE INDUSTRIES LP PROTECTION SERVICE INDUSTRIES LP 7/26/2007 Transaction Description RETIRE CONTRIB-EE001 RETIRE CONTRIB-ER Fund/ Dept 001 Acct # 21109 21109 Amount 208,88 325.56 Total Check Amount $542'44 "' ALARM SVCS-SYC CYN PK ALARM SVCS -HERITAGE PK ALARM SVCS -DBC 0015340 0015340 0015333 42210 42210 42210 97.20 86.34 52.50 1155515 $236.04 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 1 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 7/26/2007 76581 1 76582 76583 76584 76585 76586 76587 76588 76589 IR F DICKSON COMPANY IREINBERGER PRINTWERKS ROTARY CLUB OF WALNUT VALLEY LINDA RUELAS IMINERVA SALAZAR ISCCIC DEPT OF ANTHROPOLOGY ISO CAL SANITATION SO COAST AIR QUALITY MGT DISTRICT SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON DEBRIS DIVERSION -JUN 07 1155515 45500 3,314.40 $3,314.40 $89.85 $84.00 $50.00 $500.00 $225.60 $1,068.25 $21,810.6D $233.09 PRINT SVCS -BUS CARDS 0014095 42110 89.85 REIMB-SUPPLIES 0015350 41200 84.00 PK REFUND-REAGAN 001 23002 50.00 PK REFUND -DBC 001 23002 500.00 RECORD SEARCH-SYC CYN PK 2505310 46415 225.60 EQ RENTAL -JULY 4TH 0015350 42130 1,068.25 LEASAE-CITY HALL AUG 0014090 42140 21,810.60 ELECT SVCS -TRAFFIC CONTRL ELECT SVCS -TRAFFIC CONTRL ELECT SVCS -TRAFFIC CONTRL ELECT SVCS -TRAFFIC CONTRL 0015510 0015510 0015510 0015510 42126 42126 42126 42126 37.97 100.58 55.38 39.16 7/26/2007 7/26/2007 7/26/2007 7/26/2007 76590 SPARKLETTS SPARKLETTS SPARKLETTS SPARKLETTS 22 WATER SUPPLIES-C/HALL MAY WATER SUPPLIES-C/HALL JUN EQ RENTAL-C/HALL MAY EQ RENTAL-C/HALL JUN ------------ 0014090 0014090 0014090 0014090 41200 41200 42130 42130 247.09$397 130.63 9.75 9.75 7/26/2007 7/26/2007 7/26/2007 7/26/2007 76591 STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON $2,602.52 AUG 07 -LIFE INS PREMS AUG 07 -LIFE INS PREMS AUG 07-STD/LTD AUG 07-STD/LTD 001 00101 001 0015350 21106 40070 21112 40070 1,141.21 17,25 1,421.11 22.95 Page 26 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 7/26/2007 76592 ISTATE BOARD OF EQUALIZATION SALES TAX DUE-APR-JUN1 001 36650 455.00 $455.00 7/26/2007 76593 SUNSHINE SENIORS ASSOCIATION REIMB-CLUB INS 1255215 44000 825.00 $825.00 7/26/2007 76594 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS-JUL 07 0014070 44030 533.32 $533.32 7/26/2007 76595 TELE -WORKS INC COMP MAINT-FY 07108 0014070 42205 7,275.00 $7,275.00 7/26/2007 76596 TERRYBERRY EMPLOYEE REG -WR 0014060 42347 208.87 $208.87 7/26/2007 76597 THE GAS COMPANY GAS SVCS -HERITAGE PK 0015340 42126 7/26/2007 THE GAS COMPANY GAS SVCS -DBC 1 74,77 $337.96 0015333 42126 263.19 7/26/2007 76598 THE KOREA TIMES INC AD -NOT OF ELECTION 0014030 42390 244.00 $244.00 7/26/2007 76,119 THE TRAINING CAMP INC MICROSOFT TRNG-I AZIZ 0014070 7/26/2007 THE TRAINING CAMP INC 42340 6,000.00 $7,p00.00 MICROSOFT TRNG-I AZIZ 0014070 42330 1,000.00 7/26/2007 76600 THE TRAINING CAMP INC CISCO TRNG-K DESFORGES 7/26/2007 THE TRAINING CAMP INC 1185098 42340 6,000.00 $7,000.00 CISCO TRNG-K DESFORGES 1185098 42330 1,000.00 7/26/2007 76601 TIME WARNER MODEM SVCS -COUNCIL 0014010 42130 7/26/2007 TIME WARNER MODEM SVCS -COUNCIL 44.95 $89.90 0014010 42130 44.95 7/26/2007 76602 ITOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-DBC 0015333 42200 49.15 $49.15 7/26/2007 76603 UNITED PARCEL SERVICE EXPRESS MAIL -GENERAL 0014090 42120 1 10.29 $10.29 7/26/2007 1 76604 JUNIVERSAL STUDIOS HOLLYWOOD EXCURSION -DAY CAMP 0015350 42410 3,238.00 $3,238.00 7/26/2007 76605 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 0014060 42345 120.00 $120.00 7/26/2007 1 76606 IVANTAGEPOINT TRNSFR AGNTS-303248 7/27/07-P/R DEDUCTIONS 001 21108 5,120.51 1 $5,120.51 =7/26/2007 6607 IZON CALIFORNIA FVERIZON PH.SVCS-SYS CYN PK0015340 CALIFORNIA 42125 1 8948 $336.77 PH.SVCS-DBC 0015333 42125 68.34 Page 27 Page 28 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/26/2007 76607... VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 7/26/2007 VERIZON CALIFORNIA 0015340 42125 89.47 $336.77... PH.SVCS-HERITAGE PK 0015340 42125 89,48 7/26/2007 76608 IVERMONT SYSTEMS INC ANNL MAINT-FY 07/08 0014070 42205 4,574.00 $4,574.00 7/26/2007 76609 VISION INTERNET PROVIDERS INC WEB HOSTING-JUL 7/26/20070014070 VISION INTERNET PROVIDERS INC 44030 150.00 $450.00 7/26/2007 VISION INTERNET PROVIDERS INC WEB HOSTING -MAY 07 0014070 44030 150.00 WEB HOSTING -JUN 07 0014070 44030 150.00 7/26/2007 76610 VISION SERVICE PLAN 7/2fi/2007 VISION SERVICE PLAN AUG 07 -VISION PREMS ;00;1535;0=40070 1,164.36 $1,182.46 AUG 07 -VISION PREMS 18.12 7/26/2007 76611 WARREN SIECKE ENGINEER SVCS -MAR 07 7/26/2007 WARREN SIECKE 2505510 46411 1,012.50 $12,480.25 7/26/2007 WARREN SIECKE CONSULTANT SVCS -FEB 07 2505510 46412 6,800.00 7/26/2007 WARREN SIE CKE ENGINEERING SVCS -MAR 07 0015551 45222 359.50 7/26/2007 WARREN SIECKE ENGINEER SVCS -MAR 07 0015551 45222 512.50 7/26/20070015551 WARREN SIECKE ENGINEER SVCS -APR 07 45222 225.00 7/26/2007 WARREN SIECKE ENGINEER SVCS -MAY 07 0015551 45222 90.00 7/26/2007 WARREN SIE CKE ENGINEER SVCS -MAR 07 0015551 45222 840.75 7/26/2007 WARREN SIECKE ENGINEER SVCS -APR 07 0015551 45222 667.50 7/26/20070015551 WARREN SIECKE ENGINEER SVCS -MAY 07 45222 787.50 7/26/2007 WARREN SIECKE ENGINEER SVCS -JUN 07 0015551 45222 457.50 7/26/2007 WARREN SIECKE CNSTRCTN-DB/SHADOW CYN 3 2505510 R46412 181.87 7/26/2007 WARREN SIECKE CNSTRCTN-DB/MT LAUREL 2505510 R46412 181,87 7/26/2007 WARREN SIECKE CNSTRCTN-DB/HLND VALLEY 2505510 R46412 181.88 CNSTRCTN-DB/GRAND 2505510 R46412 181.88 7/26/2007 76612 WAX IE SANITARY SUPPLY SUPPLIES -DBC 7!26/2007 WAXIE SANITARY SUPPLY SUPPLIES -PARKS 0015333 41200 T__1_,,246.30 $1,297.00 0015340 42210 50.70 7/26/2007 76613 WELLS FARGO BANK SUPPLIES -COUNCIL 0014010 41200 1 96.32 $96.32 7/26/2007 76614 WELLS FARGO BANK LEAGUE MTG-COUNCIL 0074010 42330 1 0.22 $200.22 7/26!2007 76615 WELLS FARGO BANK � ���� . 42330 1 897521 Page 28 City of Diamond Bar - Check Register 07/12/07 thru 08/01/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 7/26/200776616 7/26/2007 WEST COAST ARBORISTS INC WEST COAST ARBORISTS INC TREE MAINT-JUN 07 TREE WATERING -JUN 07 0015558 0015558 45509 45510 1 6,549.50 628.00 Total Check Amount $7,177.50 7/26/2007 1 76617 IWESTBROOK TECHNOLOGIES INC ICOMP SOFTWARE-MAINT 1 0014070 42205 1 6,840.001 $6,840.00 7/26/2007 1 76618 IKESHA WHITFIELD PK REFUND -DBC 001 23002 550.001 $550.00 7/26/2007 76619 PAUL WRIGHT A/V SVCS-P/C,CNCL,T/D 1 0014090 44000 315.001 $315.00 7/26/2007 76620 ANNE YANG PK REFUND -DBC 001 23002 350.00 $350.00 7/26/2007 1 W/T 24 JUNION BANK OF CALIFORNIA, NA LEASE PMT -DBC W/T #24 0014090 42140 61,484.101 $61,484.10 $1,911,726.51 Page 29 CITY COUNCIL A ORPORXTY>> t9�•J TO: Honorable Mayor and Member o the City Council VIA: James DeStefano, City Ma ag TITLE: Preliminary Treasurer's Statement June 2007 RECOMMENDATION: Approve the June 2007 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.5 Meeting Date: Aug. 7, 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 preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 06-07 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized a revised June treasurer's statement will be presented to the City Council for approval. PREPARED BY: Linda G. Magnuson, Finance Director N ti jf�xu�-� Departme t lead Assistant City Manager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT June 30, 2007 (Preliminary) BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND LIBRARY SERVICES FUND $33,065,955.40 980,873.89 $1,718,511.11 ($119,813.73) $32,208,504.45 COMMUNITY ORG SUPPORT FD 0.00 (3,732.68) 200.00 700.00 CHANGE FUND 0.00 GAS TAX FUND 411,320.13 176,092.60 TOTAL DEMAND DEPOSITS (4,232.68) TRANSIT TX (PROP A) FD 1,348,802.00 161,172.31 543,826.96 LOCAL AGENCY INVESTMENT FD 587,412.73 966,147.35 TRANSIT TX (PROP C) FD 1,680,252.10 77,172.54 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 1,757,424.64 ISTEA Fund 0.00 0.00 (Bond Proceeds Account) INTEGRATED WASTE MGT FD 381,886.03 8,156.00 15,525.73 0.00 374,516.30 TRAFFIC IMPROVEMENT FUND 0.00 382,500.00 382,500.00 AB2928-TR CONGESTION RELIEF FD 442,069.23 AIR QUALITY IMPRVMNT FD 83,789.30 18,280.94 14,168.51 442,069.23 87,901.63 TRAILS & BIKEWAYS FD (38,237.00) 8,559.00 (29,678.00) PARK FEES FD 219,871.83 219,871.83 PROP A - SAFE PARKS ACT FUND (2,016.41) PARK & FACILITIES DEVEL. FD 1,743,470.61 ,016.41) (2 (2,470.61 COM DEV BLOCK GRANT FD (21,426.03) 41,389.00 20,292.90 1,7 CITIZENS OPT -PUBLIC SAFETY FD 112,743.66 761.63 (329.93) NARCOTICS ASSET SEIZURE FD 334,164.69 111,982.03 CA LAW ENFORCEMENT EQUIP PRGI 76,462.39 334,164.69 LANDSCAPE DIST #38 FD 75,150.98 24,772.15 76,462.39 LANDSCAPE DIST #39 FD 117,103.93 5,786.43 50,378.83 LANDSCAPE DIST #41 FD 114,186.62 9,949.06 111,317.50 GRAND AV CONST FUND 0.00 104,237.56 CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND (2,687,730.67) 162,600.47 72,290.89 41,020.00 0.00 (2,556,401.09) EQUIPMENT REPLACEMENT FUND 1,392,567.89 170,280.22 1,392,567.89 COMPUTER REPLACEMENT FUND 94,798.06 170,280:22 PUBLIC FINANCING AUTHORITY FUN I 286,492.87 1,007.50 44,547.32 78,793.73 94,798.06 321,746.78 TOTALS $39,398,225.15 $2,018,004.25 $2,471,132.79 $0.00 $38,945,096.61 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($138,257.29) PAYROLL ACCOUNT 41,466.41 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($95,540.88) INVESTMENTS: US TREASURY Money Market Acct. $1,324,036.20 LOCAL AGENCY INVESTMENT FD 28,394,854.51 FED HOME LOAN BANK NOTES 9,000,000.DO CASH WITH FISCAL AGENT: US TREASURY Money Market Account 321,746.78 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS $39,040,637.49 TOTAL CASH $38,945,096.61 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 a ve summary provides sufficient cash flow liquidity to meet the next six month's estimat (xp / d' r s. James DeStefano, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of June 2007 Institution Investment Type Rating P MDatety Amount Current Par/ F Curr Month D tele Term At Cost Vair Original aMerket lu ReceivedInter Rate State of California Local Agency Inv Fund AAA 28,394,854.51 Wells Fargo Bank 9 US Treasury Money Market AAA 28,381,935.48 - 5.250% Union Bank -(Fiscal Agent) US Treasury Money Market AAA $1,324,036.20 1,324,036.20 1,418.60 4.220% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 321,746.78 321,746.78 1,007.50 Wells Fargo Inst Securities Farm Credit Note AAA 2.0 Yrs 1,000,000 1,000,000 997,400.00 4.350%° Wells Fargo Inst Securities Federal Home Loan Note 09/27/05 03/27/08 2.5 Yrs 1,000,000 1,000,000 994,100.00 4.540% Wells Fargo Inst Securities Fannie Mae Note AAA 06104/07 12/04/08 1.5 Yrs 1,000,000 1,000,000 998,700.00 5.350% Wells Fargo Inst Securities Federal Home Loan Note AAA 01/12/07 01/12/09 2.0 Yrs 1,000,000 1,000,000 999,000.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 02/08/07 02/02/09 2.0 Yrs 1,000,000 1,000,000 997,900.00 5.300% 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 Wells Fargo Inst Securities Federal Home Loan Note AAA AAA 12/29/06 06/29/09 2.5 Yrs 1,000,000 1,000,000 997,900.00 26,500.00 5.300%° Wells Fargo Inst Securities Federal Home Loan Note 11/14/06 08/14/09 2.75 Yrs 1,0()0,000 1,000,000 999,400.00 AAA 04/21/07 12/21/09 2.5 Yrs 1,000,000 1,000,000 996,200.00 26,500.00 5.300% Totals for month $ 39,040,637.49 $ 39,007,718.46 $ 55,426.10 Less Investments matured during the month 0.00 Total Investments: $ 39,040,637.49 2005-06 Actual Interest Income $1,307,302.01 2006-07 Budgeted Interest Income $857,500.00 Actual Year -To -Date Interest Income $1,337,624.51 Percent of Interest Received to Budget 155.991% " Source of Fair Market Value: Wells Fargo Institutional Securities. LLC TO CITY COUNCIL Honorable Mayor and VIA: James DeStefano, City Man TITLE: Receive, accept and file Fund and Transportation June 30, 2006 and 2005. RECOMMENDATION: Receive, accept and file. FINANCIAL IMPACT: No Fiscal Impact. Agenda # 6.6 Meeting Date: Aug 7, 2007 AGENDA REPORT of the City Council A Local Return Fund, Proposition C Local Return ent Act Audit Reports for the fiscal years ended BACKGROUND/DISCUSSION: The City of Diamond Bar receives Prop A and Prop C Transit Tax, which is a percentage of sales tax. Los Angeles County Metropolitan Transportation Authority (LACMTA) distributes these revenues on a per capita basis. TDA revenues are also allocated by LACMTA. They are based on a formula developed by the State. It is required by LACMTA (Metro) that Prop A, Prop C and TDA funds be audited on an annual basis. The LACMTA auditors Simpson & Simpson, CPA completed their audit in January 2007 for the fiscal year ended June 30, 2006 and 2005. The audits were conducted in accordance with generally accepted accounting principals and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America. The rules and regulations of LACMTA, Prop A, Prop C and TDA were also an integral part of the audit. In July 2007, the City received the final versions of the audits. Although the City expended funds according to the guidelines, the auditors noted two noncompliance findings related to the City receiving prior authorization from the MTA for the expenditure of funds. The following are the findings and staffs response to those findings: Audit Page 15 — "The City did not submit a Form A and did not receive approval from Metro prior to the expenditure of Prop C Local Return for the Diamond Bar Blvd and Grand Ave Traffic Signal Improvement." Staff's response — Metro's approval of Prop C funding for the Diamond Bar Blvd/Grand Avenue signal was received in October 2006. Although design funds were expended prior to this date, the project has satisfied Metro's criteria for Prop C funding. The City recognized the oversight and immediately addressed the issue with Metro in September 2006. They are not requesting reimbursement for any amounts expended prior to the October 2006 approval date since the project and all expenditures have been carried out in accordance with Metro guidelines. CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUND FOR THE FISCAL YEARS ENDED JUNE 30, 2006 AND 2005 �;� CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT TRANSPORTATION DEVELOPMENT ACT FUND For the Fiscal Years Ended June 30, 2006 and 2005 TABLE OF CONTENTS FINANCIAL SECTION Independent Auditor's Report Balance Sheet - Section 99234 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Notes to Financial Statements SUPPLEMENTAL INFORMATION Schedule of Transportation Development Act Allocation for Specific Projects Schedule of Completed Projects COMPLIANCE SECTION Report on Transportation Development Act Compliance Exit Conference 701 Page 4 6 7 8 11 12 14 15 11 11 FINANCIAL SECTION Cl fl 7 if,00 1\ It SI IIRi BOLIH VAR[), All I 11710 105 \Ncrt,IS, c A 900111 (2131 736 6064 11 Ll PI ROINI (J3 ��c 669z rnx www smpsonandsitnps,ncpas.c,)m SIMPSON & SIMPSON ,TRI 11 If U PLIIH 11 A, COLIMANI, I iiUNDIN(. PARI NCR BRAIN 9R P, _ �Iti11'R�\,LPA nR r.>tti 1,0\,, r INDEPENDENT AUDITOR'S REPORT January 25, 2007 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheet of the Transportation Development Act Fund of the City of Diamond Bar (City) as of June 30, 2006 and 2005, and the related statement of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Transportation Development Act Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with accounting principles generally accepted in the United States of America. In our opinion, the financial statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City as of June 30, 2006 and 2005, and the results of its operations and changes in the fund balance for the years then ended in conformity with accounting principles generally accepted in the United States of America. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. 4 (M5 The CPA. Never Underestimate The Value.' rm The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (Metro) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and Metro is a matter of public record. WA7 Los Angeles, California 5 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND BALANCESHEET Pertaining to Section 99234 of the Public Utilities Code June 30 ASSETS Cash (Note 3) Total Assets LIABILITIES AND FUND BALANCE Liabilities Liabilities Total Liabilities Fund Balance Restricted - Local Total Fund Balance Total Liabilities and Fund Balance 2006 2005 $ 0 $ 0 $ 0 $ 0 $ 149,497 $ 0 149,497 0 (149,497) 0 (149,497) 0 $ 0 $ 0 The notes are an integral part of these financial statements. 6 ' CITY OF DIAMOND BAR ' TRANSPORTATION DEVELOPMENT ACT FUND STATEMENT OF REVENUES, EXPENDITURES AND ' CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 2006 (With Comparative Totals for the Fiscal Year Ended June 30, 2005) 2006 Variance Favorable (Un- 2005 Budget Actual favorable) Actual Revenues ' Intergovernmental Allocations: Article 3 (Note 6) $ 0 $ 31,083 $ 31,083 $ 0 ' Total Revenues 0 31,083 31,083 0 Expenditures Construction 31,083 180,580 (149,497) 0 ' Total Expenditures 31,083 180,580 (149,497) 0 Excess (Deficit) of Revenues Over Expenditures (31,083) (149,497) (118,414) 0 Fund Balance at Beginning of Year 0 0 0 0 Fund Balance at End of Year $ (31,083) $ (149,497) $ (118,414) $ 0 The notes are an integral part of these financial statements. ' 7 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND ' NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 2006 and 2005 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting Section 99234 Funds of the Transportation Development Act are pooled with other City monies in the Special Revenue Fund. The Special Revenue Fund accounts for the City's share of the Transportation Development Act allocations which are legally restricted for specific purposes. Basis of Accounting ' The Special Revenue Fund is accounted for by using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. ' Budgets and Bud Qetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with accounting principles generally accepted in the United States of America. Comparative Data Comparative total data for the prior year are presented in the accompanying financial statements in order to provide an understanding of the changes in the Transportation Development Act Fund's financial position and its operations. ' NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of its operations and compliance with the Transportation Development Act for the Transportation Development Act Fund only. 1 These notes are an integral part of the preceding financial statements. CITY OF DIAMOND BAR ' TRANSPORTATION DEVELOPMENT ACT FUND ' NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 2006 and 2005 (Continued) ' NOTE 3 - CASH AND INVESTMENTS IThese notes are an integral part of the preceding financial statements. Cash is pooled with other City's funds to maximize investment opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds including the Transportation Development Act Fund, based upon their average monthly ' cash balances. NOTE 4 - TRANSPORTATION DEVELOPMENT ACT COMPLIANCE ' REQUIREMENTS In accordance with Section 99234, Article 3 of the Public Utilities Code, funds received pursuant to this Code's section may only be used for facilities provided for the exclusive use by pedestrians and bicycles. tNOTE 5 - TRANSPORTATION DEVELOPMENT ACT FUNDS RESERVED ' In accordance with TDA Article 3 (SB821) Guidelines, funds which will not be spent during the fiscal year have been placed on reserve in the Local Transportation Fund (LTF) account with the County Auditor -Controller to be drawn down whenever the funds ' become eligible for a specific project and an approved draw down request is received by Metro. As of June 30, 2006, the City has funds of $88,432 on reserve which consists of the following: ' FY 2003/04 Reserve $ 27,332 FY 2004/05 Reserve 30,017 FY 2005/06 Allocation 31,083 Available Reserve Balance @ 6/30/06 $ 88,432 NOTE 6 - REVENUE ALLOCATION The fiscal year 2005/06 revenue allocation in the amount of $31,083 consists of the following: ' FY 2002/03 Drawdown $ 30,131 FY 2003/04 Drawdown 952 Total Article 3 Revenue $ 31,083 IThese notes are an integral part of the preceding financial statements. i i ISUPPLEMENTAL INFORMATION F L 1 10 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF TRANSPORTATION DEVELOPMENT ACT ALLOCATION FOR SPECIFIC PROJECTS For the Fiscal Year Ended June 30, 2006 Project Description Local Allocations Grand Ave. Beautification Phase I (2005/06) Totals Unexpended Interest Accumulated to Date Fund Balance @ 6/30/06 Totals to Date Program Unexpended Project Year Allocations Expenditures Allocations Status $ 31,083 $ 180,580 $ (149,497) Open $ 31,083 $ 180,580 (149,497) 11 $ (149,497) CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF COMPLETED PROJECTS For the Fiscal Year Ended June 30, 2006 Totals Project Description Allocations Expenditures None $ 0 $ 0 Totals $ 0 $ p i 12 Fi COMPLIANCE SECTION 7 LJ L C i 3600 AV'ILSl 11K 14OUI [ A:AIZD, SL]] 1 [ 1710 LC > -AnGLLL.a; C ,A 90010 213%7tO666+II1tPII NI ( I1 736-669? 1:A\ www.simpsonandsimpsoncpas.cnm SIMPSON & SIMPSON c I:KIII ILD PUBLIC ACIVLIN IAV 1S k:1UADINc RAIZLNLKJ W AIAARD C.. SIb1P>� V, cPA , ARI. I' SLA11 Cx`N, S PA REPORT ON TRANSPORTATION DEVELOPMENT ACT COMPLIANCE January 25, 2007 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of the Transportation Development Act Fund of the City of Diamond Bar (City) for the years ended June 30, 2006 and 2005, and have issued our report thereon dated January 25, 2007. Our audits were made in accordance with auditing standards generally accepted in the United States of America and were further made to determine compliance with the Transportation Development Act (TDA); including Section 99234; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (Metro); the 16 tasks contained in the "Guidelines on Auditing for Conformance," published by Metro; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Among the items considered were determination of eligibility of the City to receive funds allocated to it, and propriety of expenditures in accordance with TDA and Metro regulations. In our opinion, our evaluation of compliance factors disclosed that the funds allocated to the City under TDA were accounted for and expended in conformance with TDA and Metro rules and regulations. This report is intended solely for the use of the City and Metro and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and Metro is a matter of public record. A4- ( �^ VI ' 7 Los Angeles, California ' 14 —k � fN The CPA. Never Underestimate The Value" ' CITY OF DIAMOND BAR ' TRANSPORTATION DEVELOPMENT ACT FUND EXIT CONFERENCE June 30, 2006 An exit conference was held on January 25, 2007, at the City of Diamond Bar. Those in ' attendance were: Simpson & Simpson Representative: Annie Zhao, Auditor ' City's Representative: Linda Magnuson, Finance Director ' Matters Discussed: Results of the audit disclosed no significant financial or compliance issues. ' A copy of this report was forwarded to the following City representative(s) for their comments prior to the issuance of the final report: Jim Destefano, City Manager Susan Full, Senior Accountant 15 Simpson & Simpson, CPAs 3600 Wilshire Boulevard #1710 Los Angeles, CA 90010 RE: CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPORTATION DEVELOPMENT ACT FUND FOR THE FISCAL YEARS ENDED JUNE 30, 2006 AND 2005 I have received the annual financial report of the Transportation Development Act Fund for the years ended June 30, 2006 and 2005 for the City of Diamond Bar and agree with the contents of the report except as indicated below: (Attach additional pages if necessary) Very truly yours, Name Title Date TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: REDUCTION OF 50% OF SUR TY BOND NO. TM5040744/6313963 POSTED BY BROOKFIELD DIAMOND BAR VILLAGE LLC FOR TRACT 62482 (VANTAGE TOWNHOMES) TO COMPLETE GRADING AND STORM DRAIN IMPROVEMENTS. RECOMMENDATION: Approve the reduction. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with the subdivider, Brookfield Diamond Bar Village LLC, to complete various improvements for Tract 62482. The subdivider guaranteed faithful performance of said agreement by posting with the City a surety bond for grading, erosion control, drainage improvements, street improvements, sewer improvements, landscape and irrigation. While the entirety of all conditions of approval for the project have not been met, staff has confirmed that 90% of the grading and all of the storm drain improvements that have been completed to date are acceptable to the City. The subdivider has now requested a reduction of 50% of the surety bond. Expected full project completion is set for February 2008. DISCUSSION: Upon receiving written request from Brookfield Diamond Bar Village LLC on July 17, 2007, the Building & Safety Division and Planning Division as well as Public Works Department have verified that at least 50% completion of all grading and storm drain conditions for the project have been met. The following surety bond is recommended for 50% reduction: Surety Bond No. TM5040744/6313963 in the amount of $1,626,454.20 reduced to $813,227.10. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: July 27, 2007 REVIEWED BY: Da ' . Lii KDirector of Public Works Attachments: LETTER OF REQUEST, July 17, 2007 2 SOUTHLAND BUSINESS GROUP 13090 Bristol Street, Suite 200 Costa Mesa, California 92626 Phone 714.427.6868 Fax 714,427.6869 brookfieldsouthland.com HHDOKFIFHI WHonnes July 17th, 2007 Kimberly Molina Associate Engineer Public Works/Engineering Department 21825 Copley Drive Diamond Bar, CA 91765 Dear Kimberly, As we are moving towards completion of our Diamond Bar community, I am requesting a reduction of our grading bond #55040744. Due to the fact of 90% of rough grading within the community has been completed. Therefore I am asking for a reduction of $813,227.00 of bond 45040744. Thank you for +ur attention to this matter, please review final soils and civil certs. Paul McDonnell Brookfield Diamond Bar Village LLC Agenda # 6 , g Meeting Date: 817107 CITY COUNCIL 'N� 0 <�.."� AGENDA REPORT _ P.,,Tr' TO: Honorable Mayor and Members ofAhe City Council FROM: James DeStefano, City Man g TITLE: REJECTION OF ALL BIDS SUBMIVERA R THE CONSTRUCTION OF BATTING CAGES AT PETERSON AND PANRKS AND DIRECTION TO STAFF TO REDESIGN AND RE -BID THE PROJECT. RECOMMENDATION: Reject bids and direct staff to redesign and re -bid project. FINANCIAL IMPACT: The cost to redesign and re -bid the project will be about $1,000. The cost savings to construct the redesigned project should be in the thousands. BACKGROUND: Plans and specifications for the construction of batting cages at Peterson and Pantera Parks were released for bidding on June 14, 2007. Bids were received from four contractors, which were publicly opened and read on July 10, 2007. The bids ranged from a low of $264,694.80 to a high of $362,544.80. The engineer's estimate for this project was $130,150. DISCUSSION: Staff has discussed the difference in engineer's estimate and bid amounts with the designer, David Evans and Associates. The primary difference is the current cost of galvanized posts and fence material. Their plan to reduce the height of the batting cages from 12 feet to ten feet, which will not only reduce the amount of building material, but should have a multiplying effect on the cost savings by reducing the size of support poles and footings needed. The best estimate we can get right now without completing the redesign is a savings of "thousands of dollars" when re -bid. PREPARI;i15 A�113 REVIEWED BY: Director of Community Services Attachments: Results of Bid Opening on July 10, 2007 C� CITY OF DIAMOND BAR Rin C1 1DRAITTA 1 /noclLllLlr% IkA,l %o--..._�.� PAGE i OF 1 CITY COUNCIL Agenda # 6-9 Meeting Date August 7, 2007 AGENDA REPORT TO: Honorable Mayor and Member f the City Council VIA: James DeStefano, City Mana e TITLE: AUTHORIZATION OF A $10,000 IEWARD FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF INDIVIDUAL(S) RESPONSIBLE FOR THE DEATH OF DIAMOND BAR RESIDENT RUBEN WHITTINGTON RECOMMENDATIONS: Authorize FISCAL IMPACT: If approved, the $10,000 reward will be appropriated from an account to be determined. BACKGROUND / DISCUSSION: On Sunday, July 29, longtime Diamond Bar resident Ruben Whittington was tragically shot to death as he changed his tire in the neighboring City of Walnut. At this time, the Los Angeles County Sheriffs Department has few leads. The offering of a reward may prompt individuals with information on the case to come forward. If approved by the City Council, a reward capped at $10,000 would be authorized to be paid to the individual(s) providing information only upon the arrest and conviction of those responsible for Mr. Whittington's murder. Upon Council approval, staff will coordinate with the City of Walnut and the Los Angeles County Sheriff's Department to ensure the reward information is released to the appropriate media outlets. Prepared by: 41fX-1, a_ Rya6McLean, Senior Management Analyst Agenda # 6 . i n Meeting Date: August 7, 2007 CITY COUNCIL � � AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man ge TITLE: APPROVE AGREEMENT WITH ALAMEDA CORRIDOR EAST (ACE) CONSTRUCTION AUTHORITY FOR PAVEMENT RECONSTRUCTION ON WINDWOOD DRIVE FOR A TOTAL AUTHORIZATION AMOUNT OF $100,000 RECOMMENDATION: Approve. FINANCIAL IMPACT: Total cost of pavement reconstruction on Windwood Drive between Washington Street and Silver Fir Road will be $223,497. Pursuant to the attached agreement with Alameda Corridor East (ACE) Construction Authority, the City is responsible for a total payment of $100,000 and ACE is responsible for the remaining balance of $123,497. For Fiscal Year 2007-2008, a budget of $50,000 was allocated and approved by the City Council for pavement reconstruction on Windwood Drive. However, the remaining $50,000 will be paid next fiscal year pending City Council approval of the Fiscal Year 2008-2009 budget. BACKGROUND/DISCUSSION: The Brea Canyon Road Grade Separation Project is currently underway and several utilities have been relocated in the project vicinity to accommodate the lowering of the roadway. ACE acknowledged that much of the utility work within Windwood Drive, just east of Brea Canyon Road, damaged the integrity of the street and they have agreed to restore the affected portion of Windwood Drive to its original condition (see Exhibit A). However, the original condition of the pavement section does not meet current Los Angeles County Standards. In order to provide a pavement section that is consistent with residential streets throughout the City, it is beneficial that the restoration of the pavement be done to current standards. Pursuant to the enclosed agreement, ACE agrees to the cost of restoring the existing pavement section and the City agrees to pay the cost differential to improve the street to existing standards which includes a thicker section of asphalt and the addition of rock base material below the asphalt. The street reconstruction is expected to commence in Mid -August and should be complete within three (3) working days. Construction will be phased to accommodate access needs of the residents and notifications will be sent to the affected residents prior to commencement of the work. PREPARED BY: Rick Yee, Senior Engineer REVIEWED David G. iu, 'rector of Public Works Attachments: Agreement Date Prepared: July 31, 2007 CITY COUNCIL Agenda # 8.1 (a) Meeting Date: August 7, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: AWARD PROFESSIONAL SER ICES CONTRACT TO TRANSCORE FOR IMPLEMENTATION OF THE DIAMOND BAR TRAFFIC MANAGEMENT SYSTEM IN THE AMOUNT OF $332,791, AND AUTHORIZE A CONTINGENCY AMOUNT OF $37,209 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION OF $370,000. RECOMMENDATION: Award Contract. FINANCIAL IMPACT: For Fiscal Year 2007-2008, a budget amount of $485,000 was allocated and approved by the City Council for implementation of the Diamond Bar Traffic Management System (TMS). Los Angeles County is providing funds to the City through a Co -Op Agreement that was established as a result of the Pomona Valley Intelligent Transportation System (PVITS) Program; the PVITS program provides funding opportunities for cities to implement traffic management systems. The PVITS member cities include Claremont, Diamond Bar, Industry, La Verne, Pomona, San Dimas, and Walnut. The total amount of funds provided to Diamond Bar by Los Angeles County consists of $490,600 ($230,600 for traffic signal interconnect and $260,000 for the TMS). The appropriation of $485,000 for Diamond Bar's TMS is being funded through a combination of the LA County Co -Op Agreement and Diamond Bar's Proposition A & C Local Return Funds as follows: LA County Co -Op Agreement $260,000 Proposition A Local Return Funds $90,000 Propostion C Local Return Funds $135,000 Total $485,000 The contract to Transcore amounts to $370,000 and the remaining appropriation of $115,000 will be used for procurement of hardware components that are necessary to implement the TMS. Procurement of the necessary hardware will be accomplished by the Information Services Department because of the desire to obtain equipment that is consistent and compatible with existing network infrastructure. BACKGROUND/DISCUSSION: The TMS will connect all City owned and controlled traffic signals to a central command center at City Hall through a network of traffic signal interconnect and communication equipment. The system will enable remote monitoring and control of traffic signals along the City's major arterials (See Exhibit A — Intersection List). This will greatly enhance efficiencies in traffic signal operations because modifications to traffic signal controllers are currently done manually. This capability will allow for traffic signal timing efforts to be adjusted in response to real time traffic conditions. Response time for addressing traffic signal malfunctions will also be improved as a result of the TMS implementation because the system will provide immediate notification to City Hall in the event of malfunctions. The location of the central command center has already been established at City Hall and it will serve as the City's Traffic Management Center. The Traffic Management Center will include two workstations and a dedicated video wall for closed circuit television (CCTV) monitoring. CCTV cameras will provide real time video and will be located at the following signalized intersections: - Diamond Bar Blvd and Grand Avenue - Diamond Bar Blvd and Golden Springs Drive - Diamond Bar Blvd and Pathfinder Road - Golden Springs Drive and Brea Canyon Road - Golden Springs Drive and Grand Avenue - Golden Springs Drive and Lemon Avenue The Traffic Management Center will also contain a separate dedicated workstation for access to the Los Angeles County Information Exchange Network (IEN). The IEN is a countywide communication network that allows various member agencies within the Pomona Valley to share traffic signal operations data. This can be beneficial in providing a multi -jurisdictional coordinated response to traffic incidents or events. Agencies in the Pomona Valley will be better prepared to handle influxes of traffic through use of the IEN. Staff completed an exhaustive selection process which began with the distribution of a Request for Proposals (RFP) in August 2006. The following six (6) firms responded to the RFP: - Siemens Transcore Kimley-Horn Western Pacific Signal PB Ferradyne - Econolite Siemens, Transcore, and Kimley-Horn were selected for interviews by a panel of City staff, LA County staff, and our traffic engineering consultants. Staff conducted numerous reference checks and site visits to clients of the final three firms. At the conclusion of the process, the panel unanimously selected Transcore because of their technical expertise, 2 extensive history of successful deployment, and consistently positive references provided by their clients. The project schedule relies upon timely completion of the traffic signal interconnect network and upon LA County's implementation of traffic signal controller upgrades and CCTV cameras. The tentative project schedule is as follows: Controller Upgrades Interconnect Network — Phase I Interconnect Network — Phase II CCTV Camera Traffic Management System & IEN Implementation PREPARED BY: Rick Yee, Senior Engineer REVIEWED Dav G. LV4,Director of Public Works Early 2008 Mid 2008 Mid 2008 Mid 2008 Late 2008 Date Prepared: July 27, 2007 Attachments: Diamond Bar Traffic Signal Locations - Exhibit A Purchase and License Agreement — Exhibit B Schedule — Exhibit C Statement of Work — Exhibit D EXHIBIT A City of Diamond Bar Traffic Management System No, Main Street Intersection Remarks 1 Golden Spring Dr. Temple Ave (Dbar & Pomona owned/Pomona maintained 2 High Knob Or, 3 Sunset Crossing Rd 4 S Ivan Glen Dr, 5 Carpio Dr. 6 Ballena Dr. 7 Diamond Bar Blvd 8 Prospectors Rd. 9 Golden Prados Dr. 10 Racquet Club Dr. Future signal) 11 Grand Ave 12 Lavender Dr. (Target entrance 13 Copley Dr. 14 Gateway CV Dr. 15 Adel Ave 16 Brea Canyon Rd. 17 SR -60 EB Caltrans Owned 7City /Citymaintain 18 Ra idview Dr. 19 Lemon Ave 20 Calboume Dr. 21 Diamond Bar Blvd Temple Ave (Dbar & Pomona owned/Dbar maintained 22 Highland Valley Ave. 23 SR -57 NB 24 Sunset Crossinrl Rd 25 SR -60 WB Caltrans owned & maintained 26 SR -60 EB Ca@rens owned & maintained 27 Gentle SDrina Ln / Palomino Drive 28 K -Mart/ Vons driveways 29 Goldrush Dr. 30 Tin Dr. / Crestview Dr. 31 Clear Creek Canyon Rd. 32 Grand Ave 33 Montefino Ave 34 Quail Summit Dr. 35 Mountain Laurel Dr. 36 Maple Hill Rd. 37 Kiowa Crest Dr. 38 Silver Hawk Dr. 39 Pathfinder Rd. 40 Shadow Canyon Dr. 41 Fountain S rin s Dr. 42 Sugerpine Dr. 43 Cold Spring Ln. 44 Brea Canyon Rd. 45 SR -57 NB 46 SR -57 SB Brea Can on Cutoff) (Future signal) 47 Brea Cyn Cutoff and Fallowfield (Dbar & County owned/County maintained 48 Brea Cyn Cutoff and Oak Crest (Dbar & County owned/County maintained 49 Grand Ave Lon eview Dr. 50 Summitrid a Dr. 51 Shortun Ln. / Community Center 52 Rolling Knoll Dr. 53 Montefrno Ave 54 800 S. Grand / Lavender Dr. 55 SR -60 EB Caltrans owned &maintained 56 SR -60 WB Caltrans owned & maintained 57 Pathfinder Evergreen Springs Rd. 58 Braha Blvd DBHS 59 Brea Canyon Rd.(E of 57 60 SR -57 NB Caltrans owned & maintained 61 SR -57 SB Caltrans owned & maintained 62 Brea Can on Rd. W 01`57) 63 Peaceful Hills Rd. 64 Brea Can on Washington St. 65 Lycoming St. 66 SR -60 WB Caltrans Owned / Clly maintain 67 Glenbrook Dr. 68 Diamond Crest Ln. 69 Silver Bullet Future wireless connection Chino Hills Pk Chino Ave Future wireless connection Scenic Rid a Drive Dbar& Pomona owned/Pomona maintained L771323Brid a ate Dr Lot 16/1440 Bnd a ate Gatewa Center Lemon Ave L comin St. PURCHASE AND LICENSE AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made this day of , 2007, (the "Effective Date") by and between the City of Diamond Bar, a municipal corporation, (hereinafter the "CITY"), and TransCore, ITS, LLC, a Delaware Limited Liability Company, with principal offices at 8158 Adams Drive, Liberty Centre, Building 200, Hummelstown, PA 17036 (hereinafter the "VENDOR"). The CITY and the VENDOR are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The VENDOR, having received a copy of the City Of Diamond Bar "Diamond Bar Traffic Management System (DBTMS) Request for Proposals" Dated 8/16/2006 and all additional requested materials, feels it has the necessary information to evaluate the suitability of their product(s) to the CITY's needs and desires to perform and assume responsibility and obligation for the provision of the software and services identified in the Purchase and Licenses Agreement, as hereinafter described, on the terms and conditions set forth herein. VENDOR represents that it is experienced in providing this software and implementation services to public clients, is licensed in the State of California, and is familiar with the scope of work of the CITY. B. The CITY desires to engage VENDOR to provide such software and services, as hereinafter described, commonly called the "TransSuite" on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the CITY and the VENDOR agree as follows: SECTION I DEFINITION OF TERMS For purposes of this Agreement, the following are defined terms: Acceptance Testing means the process by which the CITY tests, verifies and confirms that all applications and integration successfully meet the CITY's requirements as identified in "Diamond Bar Traffic Management System (DBTMS) Request for Proposals" Dated 8/16/2006 Exhibit "B" and the DBTMS Functional Requirements section of TransCore Proposal, Exhibit "A". This process will use the CITY's test cases and worksflows along with the "standard testing scripts & procedures" to be provided by the VENDOR, in order to determine that the solution works without material error, this includes Pre -commissioning Testing, and subsequent System tests. Change Order Document means the formal printed paper prepared by the VENDOR or by the CITY, outlining specific changes, additions or deletions to the Implementation Services to be completed, as more fully described in Section V of this agreement. TransCore Proposal means the VENDOR proposal dated/received (September 18, 2006), and is referenced and incorporated into this agreement as "Exhibit A", and any appendix(s) or subsequent additional/supplemental proposals. Custom Software Computer Software shall mean both source and object code and all data sets and auxiliary files used by such code, along with any media on which they reside and documentation related thereto, together with the proprietary information and trade secrets contained therein. Documentation means the formal printed -paper or electronic technical and user manuals supplied by VENDOR or its licensors for all Licensed Application Software required under this contract. This includes user manuals, system administration manuals, operation manuals, training manuals, data dictionary, and data field sets. GIS Integration means using the City's GIS shapefiles as basemaps for the system -wide display. Installation means VENDOR installation on VENDOR -provided equipment and/or on VENDOR -specified equipment as procured by the CITY of any and all Licensed Application Software, including related data conversions, controller/field/hardware modifications, configuration activities, software loading, and system testing, whether performed at the CITY's site or at VENDOR's site. Licensed Application Software is the computer software commonly known as TransSuite and includes the following modules: Traffic Control Server Central Communications Server ATMS Map ATMS Explorer Video Control Server 2 and other licenses necessary to implement/support all the required applications. Material Error means any malfunction of the software or reproducible program error, as identified by CITY or VENDOR that halts or reduces the productivity of one or more users of the Software. This may be indicated by incorrect results in data, reports, or export to 3rd party systems. Project Completion means the actual completion by VENDOR of all Licensed Application Software functionality as required by this contract, fully operational and integrated within the City, without Material Error and acknowledged upon CITY providing VENDOR with a Letter of Completion confirming that VENDOR has fully implemented the Software Applications and related services. Project Schedule means the updated schedule attached as Exhibit D, which includes project milestones with delivery dates for implementation and payment under this Contract Agreement. Project Task Requirements mean those high-level tasks as set forth in Exhibit F and related or required lower level activities necessary to meet the functionality and project scope requirements of this Contract and VENDOR proposals. (DBTMS Functional Requirements in RFP) Quality Assurance means a planned and systematic pattern of actions necessary to provide adequate confidence that the product optimally fulfils customers' expectations, i.e. that it is materially error free and will able to perform the task it was designed for and ensure that standards of quality are being met. System Configuration means the hardware, server, workstations, peripherals, cabling, networks, and other communications devices related to the physical installation. Specific Equipment shall mean the TransCore furnished products and/or the TransCore specified products as procured by the CITY located at the CITY Facilities. Software means the Licensed Application Software and any enhancements and related documentation. Staffing and Meeting Commitment means those staffing and meeting commitments as agreed upon. Technical Support Services mean those day-to-day technical support services as required in Section VII of this contract. Third Party Software means any software (and related documentation) not developed by VENDOR but purchased by the CITY from other provider under this project. Training means dedicated professional education about all Licensed Application Software and all associated documentation. Training may consist of both structured classroom training and individual operator training and assistance. Workaround means a temporary kluge used to bypass mask or otherwise avoid a bug or misfeature in some system or a procedure to be employed by the user in order to do what some currently non -working feature should do. A workaround is not a resolution to a material error, only a device or procedure to lessen the impact while a permanent solution is being developed Kluge means a software or hardware configuration that, while inelegant, inefficient, clumsy, or patched together, succeeds in solving a specific problem or performing a particular task. Bug means a defect in the code or routine of a program. Misfeature means feature that eventually causes lossage, possibly because it is not adequate for a new situation that has evolved. Since it results from a deliberate and properly implemented feature, a misfeature is not a bug. Nor is it a simple unforeseen side effect; the term implies that the feature in question as carefully planned, but its long-term consequences were not accurately or adequately predicted (which is quite different from not having thought ahead at all). SECTION II ENGAGEMENT OF SOFTWARE AND SERVICES OF THE VENDOR Engagement of VENDOR. The CITY hereby engages the VENDOR, and the VENDOR promises and agrees to furnish to the CITY, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary for the Project (the "Services"). The Services are more particularly described in Exhibit 4 "G" attached hereto and incorporated herein by reference. The VENDOR agrees to perform the Services in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations in effect at the time the Services are provided. 2. Performance of the VENDOR; Standard of Care. The VENDOR accepts the relationship of trust and confidence established between the CITY and the VENDOR by the terms of this Agreement. The VENDOR covenants with the CITY to deliver Software and perform all Services under this Agreement in a skillful and competent manner, consistent with or in excess of the standards of skill, quality and care adhered to by recognized professionals in the same discipline in the State of California while performing services of a like or similar nature under like or similar circumstances. VENDOR represents and maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall consider all recent proven and tested methods known and successfully employed by recognized professionals in the same discipline in the state of California. VENDOR shall also cooperate with the CITY and any other consultants or contractors engaged by or on behalf of the CITY in performance of the Project. The VENDOR covenants to use its commercially reasonable efforts to perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the CITY and the professional standard of care set forth in this Agreement. 3. Software License. VENDOR warrants that it holds all right(s) to license this Software. VENDOR grants to Client, subject to the terms and conditions of this Agreement, a non-exclusive, non -transferable perpetual license (the license) to use the Software in Executable form, as furnished by VENDOR. No license is granted to CITY for the human readable code of the Software (source code). The provisions of this license as set forth in this section shall apply to all versions and copies of the Software furnished to CITY pursuant to this Agreement. The Software shall be used solely for the CITY's business purposes. The CITY shall not re -sell, supply or give the Software (source or executable code) to other parties. The CITY shall not reverse compile, reverse engineer, modify, disassemble, translate, copy or in any way duplicate the Licensed Software, in whole or in part. Licensor hereby authorizes the CITY to copy the Software solely for the CITY's own internal use for restart purposes or to replace worn copy, provided the Software is used only on the Specific Equipment. The CITY acknowledges that any modifications to the Software by any person or organization other than VENDOR's approved personnel or 5 organization renders any warranty by VENDOR as obsolete, and VENDOR has no obligation to offer or provide support for any modifications so made, or any problems that arise directly or indirectly from the modifications. VENDOR grants and agrees that no part of this Agreement shall preclude or prevent client from new software development by CITY and that all such software and development by CITY shall be the exclusive property of CITY and CITY's trade secret. 4. Specific Rights. The Software and related materials and any copies, in whole or in part made pursuant to this Agreement shall be the sole and exclusive property of VENDOR. CITY shall not sell, lease, assign, sublicense, or otherwise transfer to any third party, directly or indirectly, the Software or any license or right granted hereunder, in whole or in part. CITY shall not export or re-export outside the United States, the Software, in whole or in part. CITY shall reproduce and include copyright and proprietary notices on all copies of the Software in the same form and manner that such copyright and proprietary notices are included on the Software by Licensor. The rights granted to the CITY under this license are only rights of a CITY and shall be narrowly construed. CITY shall not have any right or interest in the Software except as expressly set forth herein. Exhibit "C" lists Application Software modules included in this Agreement. 5. Non -Disclosure. CITY acknowledges that the Software constitutes a valuable asset of VENDOR and is to be considered proprietary information of VENDOR, and that, by virtue of this Agreement, CITY shall acquire only the right to use the Software under the terms and conditions hereof and shall not acquire any rights of ownership in or title to the Software. CITY warrants that all persons who it has authorized to use the Software will observe and perform the covenants set forth in this Section. CITY agrees to maintain the Software in secure premises to prevent any unauthorized person from gaining access thereto and to give VENDOR written notice of any unauthorized disclosures or use of the Software as soon as CITY becomes aware of it. CITY shall notify and inform its employees and any third parties having access to the Software of CITY's limitations, duties and obligations regarding non -disclosure and copying of the Software. The Software shall be used only by employees of the CITY and any third parties who are necessary to CITY's exercise of its rights hereunder and then only at the location of the Specific Equipment. Any agent or third party the CITY desires to use the Licensed Software will first execute a non -disclosure agreement in a form acceptable to Licensor prior to commencing use of the Licensed Software. CITY shall take reasonable security measures tc protect the Licensed Software from being accessed by unauthorized third parties. CITY shall take all such security measures as are necessary to prevent unauthorized third parties from acquiring access to the Software. CITY acknowledges that unauthorized disclosure of the Software will diminish substantially the value of the Software. If CITY violates the provisions of this Agreement, VENDOR shall be entitled to obtain equitable relief to protect its interest herein, including, but not limited to, injunctive relief, as well as monetary damages. Notwithstanding any termination provisions of the governing Agreement, the obligations set forth in this Section shall survive the termination of the Agreement. SECTION III VENDOR'S RESPONSIBILITY VENDOR represents that it will furnish to the CITY complete, fully operational and integrated Licensed Application Software and other necessary related installations and services as required by this Contract. Such Licensed Application Software and necessary related installations and services shall be free from programming errors materially detrimental to the operation of the system. VENDOR agrees to be the primary vendor for all Licensed Application Software licensed from VENDOR. VENDOR will acquire, deliver, install and certify the proper operation and integration of the Application Software and necessary related services. This includes, but is not limited to: Acting as single point of contact for Licensed Application Software Installation and Third Party Software integration, Training and Software support issues, for all activities within the scope of this Agreement. VENDOR is also responsible for the product design for the custom applications, development, data conversion, implementation and quality assurance. 2. Provide Licensed Application Software and related system support and maintenance on the Software provided by VENDOR. The CITY shall protect the work sites and work from damage and shall make good all entry to same occurring before the completion of the work to be performed under this contract. 3. All onsite work shall be scheduled in advance by VENDOR and the CITY and shall be approved by the CITY's Project Manager. III 4. VENDOR shall meet all benchmark requirements of the Project Schedule set forth in Exhibit D, unless a revised schedule is mutually agreed upon in writing by Change Order. 5. VENDOR and the CITY shall comply with all applicable International, United States, California and local statutes, laws, ordinances, rules and regulations relating to the performance of their respective work hereunder, including intellectual property rights. If any portion of this contract is at variance therewith, VENDOR and the CITY shall promptly notify the other party upon discovering it and the responsible party shall immediately correct the variance. 6. VENDOR shall secure at its own cost and expense, and be responsible for any and all payment of all income taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for VENDOR and its officers, agents and employees and all business licensed, in connection with the project and/or the services to be performed hereunder. 7. VENDOR agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and VENDOR shall turn these materials over to CITY upon expiration or termination for any reason of this Contract Agreement or upon Project Completion, whichever shall occur first. CITY may use these materials as it sees fit. 8. VENDOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provision of the United States Code regarding employment verification. 9. VENDOR shall be responsible for all out-of-pocket expenses, including but not limited to travel expense and office supplies. 10. VENDOR is required to provide the necessary resources to ensure the success of this project. 11. VENDOR is responsible for providing the Custom Software for the CITY. 12. VENDOR shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services and act as the VENDOR's representative for performance of this Agreement. The Project Manager shall have full authority to represent and act on behalf of the VENDOR for all purposes under this Agreement, and shall be available to the CITY at all reasonable times. The VENDOR Project Manager will also provide weekly reports. The format of this report to be mutually agreed between the parties' project managers, listing the VENDOR'S work completed, the VENDOR'S expected work for the following week and any deviations from the project plan and how they are to be remedied. 13. VENDOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, VENDOR may substitute other personnel of at least equal competence upon written approval of CITY. Any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the VENDOR at the request of the CITY. SECTION IV CITY'S RESPONSIBILITY The CITY shall fully cooperate with and assist VENDOR in the performance of its responsibilities under this Contract. As part of the CITY's responsibilities, it will designate a qualified staff member or consultant who will be the CITY's Project Manager, and who will act as the primary liaison for the CITY and provide VENDOR with necessary information and data concerning CITY's operations and activities. The CITY will provide appropriate resources to participate in all phases of the project. The City Project Manager, or his/her designee, shall be the principal liaison with the Vendor. The City Project Manager shall ensure proper and timely availability of all City personnel required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, IT staff, Subject Matter Experts, Users, Network and database administrators, and the to the extent possible City contracted resources. The City shall render decisions required by this Agreement within the time indicated in the Project Schedule set forth in Exhibit D, or if not specifically stated, with reasonable promptness so as not to unduly delay the progress of Vendor's Services. Specifically, the City shall be responsible for meeting specific milestones and providing specific deliverables that will be defined and mutually agreed to in the Project Plan. 11 Upon initial system installation, and throughout the subsequent maintenance period, the City shall provide and maintain a high-speed Ethernet connection to the system so that TransCore can have remote access for trouble shooting and repair. This connection shall have the necessary security (firewalls, VPN) to maintain security without interfering with remote connections Statement of completion: The City agrees to issue a Letter of Completion in accordance with the conditions laid down in Section VIII. SECTION V MODIFICATION OF SCOPE (Change Orders) This Agreement may be modified only through an executed Change Order Document agreed to and signed off by the CITY and VENDOR. VENDOR OR CITY may request such changes in writing and shall specify: 1) Nature of requested change or modification to the contract, in detail; 2) How said proposed change or modification impacts Contract and Project Schedule, if any; 3) The specific reason for the proposed change or modification; 4) If proposed by VENDOR, the total cost (add or deduct) of such proposed change or modification to the Contract fixed price and the impact to the project schedule in number of days and the inclusion of a revised schedule depicting the impact of such change; 5) The name and signature of VENDOR or CITY representative proposing said change or modification. 6) Make the mutually agreed upon changes to the project schedule in Microsoft Project. If a Change Order request is made by CITY, VENDOR shall provide a written response to each change or modification requested and will provide a written quote within ten (10) working days following receipt by the VENDOR of the CITY's request, including schedule impacts. If VENDOR makes a change order request, CITY shall within ten (10) working days provide a written response to each VENDOR change or modification requested, including whether CITY will accept, reject or propose a modification to VENDOR'S request. Neither the CITY nor VENDOR is under any obligation to accept a proposed change order. The parties remain required to proceed under the terms of this Contract. Acceptance 10 of a change order request is subject to compliance with CITY's then exists purchasing ordinances and policies. Upon acceptance of a change order it shall become part of this Contract. No change order is valid until it is fully executed by both parties. Each change order shall be governed by the terms and conditions of the Contract Agreement, the terms and conditions of the change order, and by such supplementary written amendments of the Contract Agreement or the change order as may be, from time to time, executed between the parties. In the event of a conflict between the terms and conditions of the Contract Agreement and the terms and conditions of any change order, the terms and conditions of the change order shall govern. No oral request for modification of services shall be binding on either party. Further, the VENDOR agrees that its responsibilities under the Agreement will not be assigned or licensed by VENDOR without the prior written consent of the CITY. SECTION VI INSTALLATION A) INSTALLATION AND DELIVERY Delivery of the Licensed Application Software and test data shall be complete when all Licensed Application Software as listed in Exhibit C are loaded onto the CITY's hardware environment and is fully installed for testing purposes and appropriately labeled media and Documentation is presented to the CITY as a complete system backup of the application software and data. The documentation shall include, but is not limited to, instructions as to how to completely re -install the contents of the media onto the hardware proposed. B) ACCEPTANCE TESTING Once the hardware and Application/Utility Software has been delivered, installed, and configured, and VENDOR has converted any CITY data and trained the designated CITY resources to operate the basic components of the Licensed Application Software, the Acceptance Testing can begin. During the Acceptance Testing, VENDOR and CITY will test all delivered software by executing any or all of the features as required by the Contract, Exhibits, Proposals and change orders to ensure that all the Licensed Application Software is fully functional. VENDOR agrees to provide their standard testing scripts/procedures, and test cases to assist CITY in the validation & testing of workflows and processes. During this time, which will be identified in the mutually agreed upon project schedule, VENDOR will provide regular access to a qualified technician via telephone. C) FUNCTIONAL PERFORMANCE Functional performance of the overall system will be measured with the up to ten (10) client workstations simultaneously accessing the system, on a dedicated server configured with at least the minimum requirements provided by the VENDOR in Proposal. The VENDOR will provide standard recommendations for the setup and configuration of the database and application servers which are being provided by CITY solely for the use of the Software. The VENDOR will also provide standard recommendations for performance optimization on the network and other related systems. CITY understands and agrees that it has the responsibility to help ensure third party products and environments (including but not limited to file and printer servers, web servers, local area networks, MS SQL Server and ArcSDE) are configured appropriately for the demand that the Licensed Application Software will place on them. Notwithstanding CITY responsibility, VENDOR warrants that it will use its best efforts to assist CITY to configure and optimize all third party products and environments that are used or accessed by the Licensed Application Software. D) DATA CONVERSION (data import) VENDOR has carefully reviewed the files and formats that will need to be converted. CITY shall be responsible, to the extent it has the information, for the accurate documentation of the current location, file, and field and library names for the data, which will be necessary to populate the Licensed Application Software. VENDOR will be responsible for the accurate conversion of CITY's current data in machine-readable form to a Structured Query Language (SQL) database format, as required by the Licensed Application Software. VENDOR will be responsible for writing and executing all the necessary conversion programs. E) TRAINING VENDOR shall provide all training directly to the various user -groups for the Application Software at CITY's facilities. Additional training at CITY's request will be available at VENDOR'S then current rates (for similar agencies and similar services). Trainers shall be experienced and knowledgeable in the specific VENDOR Application Software they are teaching and familiar with the procedures in similar VENDOR environments to the CITY. Furthermore, VENDOR shall provide a comprehensive course outline for each training session 12 at least three weeks prior to the start of each session and will include the specific area that will be covered, who should attend, and expected outcomes. In addition, CITY may request modifications or enhancements to the specific course outlines up to two weeks prior to the start of a session pursuant to the related Business Process tasks associated with the Application Software using the Change Order process described in Section V of this agreement. VENDOR will make reasonable effort to accommodate such changes. VENDOR will provide necessary training materials and have session outlines and agendas for all training sessions provided to CITY at least five days in advance of the scheduled sessions. CITY may request a replacement trainer if, in the opinion of CITY there is evidence that the trainer initially scheduled has been ineffective in conducting specific training sessions. If VENDOR has been notified that a particular training session was ineffective because of the qualifications or techniques of the trainer and uses the same trainer in a subsequent session, which also turns out to be ineffective, CITY will be entitled to withhold payment for the subsequent session until a makeup session with a qualified trainer can be completed. The training dates, as set forth in Exhibit D may be modified only by mutual agreement. F) COMPLIANCE WITH PROJECT SCHEDULE CITY and VENDOR recognize that time is of the essence under this agreement and that compliance with the Project Schedule (Exhibit D) is a material part of this agreement. If CITY believes VENDOR is failing to meet the Project Schedule, CITY shall provide written notice to VENDOR identifying the schedule issues with specificity. VENDOR shall respond to such notice within 10 working days, including any proposed recovery schedule in Microsoft Project schedule format. If VENDOR's response does not resolve the schedule dispute, the issue shall refer to the City Manager for review and consultation between CITY project staff and VENDOR. The City Manager shall announce his determination in writing within 10 working days after his review. If consultation with City Manager does not produce resolution the parties would then invoke the mediation dispute resolution provision as provided in Section XIII (C), of this agreement. In the event that VENDOR believes CITY is failing to meet the Project Schedule, VENDOR shall provide written notice to CITY identifying the schedule issues with specificity. CITY shall respond to such notice within 10 working days, including any proposed recovery schedule in schedule format. If CITY's response does not resolve the schedule dispute, the issue shall refer to the VENDOR's CEO for review and consultation between VENDOR project staff and CITY. The CEO shall announce his determination in writing within 10 working days after his review. If consultation with VENDOR's CEO does not produce resolution, the IN parties would then invoke the mediation dispute resolution provision as provided in Section XIII (C), of this agreement. The parties agree to work in good faith toward resolution of all schedule disputes. SECTION VII SOFTWARE MAINTENANCE A) SCOPE OF SOFTWARE MAINTENANCE SERVICES VENDOR shall support, maintain, and upgrade CITY's Licensed Application Software, so that it will operate in conformity with the terms of this Agreement, and will at the option of the CITY be kept at the then most current version of the software, for as long as the Annual Software Maintenance agreement is in effect. VENDOR shall use commercially reasonable efforts to correct Material Errors or malfunctions after notification by CITY, in the event the vendor is unable to correct a material error due to differences in the environmental variables of the City or Vendor, the Vendor may provide software to capture events and issues within in the context of those environmental variables, however use or non-use of such a solution does not relieve the vendor of their obligation to use commercially reasonable efforts to correct Material Errors. VENDOR shall supply technical bulletins, updated user guides and other Licensed Materials as they are released by VENDOR, and supply CITY with Updates to the Licensed Application Software within one week of general release. VENDOR shall provide emergency 24x7 support for those events that threaten public safety, and render support and services during Normal Working Hours (5:30AM to 3:00PM PST/PDT, Monday through Friday, excluding federal holidays and the day following Thanksgiving) for the following: 1) Telephone, Online & Email Support - Requests for assistance related to operation of the Licensed Application Software, reporting of a potential error condition or abnormal termination of a program, or request for minor assistance related to the Licensed Application Software; 2) Support Enhancements - Selected Enhancements, the nature and type of which shall be determined solely by VENDOR. Such provision shall not preclude VENDOR from providing other Enhancements of the Licensed Application Software to the CITY free of charge. 14 3) Software Warranty - Since CITY is obtaining Software Support from VENDOR, and such Software Support is in effect without interruption from inception of this Contract Agreement, VENDOR will warrant the Licensed Application Software to be free of Material Error for the life of this Agreement. VENDOR warrants that the Licensed Application Software accepted by the CITY will substantially conform to the Proposal, custom application requirements, custom integration requirements and Licensed Software Application design meetings and discussion between VENDOR and CITY. Each and every deliverable shall be provided in a manner consistent with good commercial practice, free from defects in material and workmanship, and shall conform to the specifications and functional, performance and reliability requirements included in the Proposal, custom application requirement specifications, custom integration requirements and GIS Integration. GIS integration shall be limited to importing the City's GIS shape files to be used as a base map for a Citywide system display. Any changes, modifications or maintenance or repairs not authorized by TransCore to the software or operating environment to which it has been installed, including additional and/or unauthorized programs to systems hardware and/or workstations that result in system problems, shall automatically void any warranties herein. THE WARRANTIES OF TRANSCORE CONTAINED HEREIN ARE APPLICABLE ONLY IF THE SOFTWARE IS USED ON THE SPECIFIC EQUIPMENT AT THE LOCATION(s) SPECIFIED HEREIN. TRANSCORE MAKES NO WARRANTY, EXPRESS, IMPLIED OR OTHERWISE, IF THE SOFTWARE IS USED ON ANY OTHER EQUIPMENT OR AT A LOCATION OTHER THAN THAT IDENTIFIED. EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, TRANSCORE DISCLAIMS ALL WARRANTIES ON THE SOFTWARE FURNISHED HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY. 4) Documentation Warranty - VENDOR warrants that any documentation of a software or hardware deliverable will accurately reflect the operation of said software or hardware deliverable and will enable the CITY to use, modify, and maintain the Licensed Application Software. 5) Error Correction - Any Material Error, which causes interruptions to the CITY's business operations, and is caused by incorrect operation of the computer code (software) functionality of the Licensed Application Software or an incorrect statement or diagram in Licensed Documentation that produces incorrect results or causes incorrect actions to occur that CITY identifies and documents to VENDOR will be corrected by VENDOR 15 with either a software modification or addition that, when made or added to the Licensed Application Software, establishes material conformity of the Licensed Application Software to the Licensed Documentation, or a procedure or routine that, when observed in the regular operation of the Licensed Application Software, eliminates the practical adverse effect on CITY of such non -conformity. Such errors will be handled in accordance with TransCore's Service Level Agreement, the terms and conditions of which are as follows: a. For any critical program error or malfunction of the Licensed Application Software designated by CITY, for which there is no known workaround, which halts productivity of the entire City site and is reported by CITY during normal support hours, VENDOR will begin a technical review of the problem and respond to CITY within two (2) working hours after receipt of such notification. VENDOR shall work diligently to correct the error or malfunction or obtain a workaround. b. For any critical program error or malfunction of the Licensed Application Software designated by CITY, for which there is no known workaround, which halts productivity of multiple users and is reported by CITY during normal support hours, VENDOR will begin a technical review of the problem and respond to CITY within two (2) working hours after receipt of such notification. VENDOR shall work diligently to correct the error or malfunction or obtain a workaround. . c. For any critical program error or malfunction of the Licensed Application Software designated by CITY, which halts productivity of an individual user and is reported by CITY during normal support hours, VENDOR will begin a technical review of the problem and respond to CITY within four (2) working hours after receipt of such notification. VENDOR shall work diligently to resolve the issue or obtain a workaround. . d. For any intermediate program error or malfunction of the Licensed Application Software designated by CITY which reduces productivity of the entire City site and is reported by CITY during normal support hours, VENDOR will begin a technical review of the problem and respond to CITY within four (4) working hours after receipt of such notification. VENDOR shall work diligently to resolve the issue or obtain a workaround. e. For any intermediate program error or malfunction of the Licensed Application Software designated by CITY which reduces the productivity of individual or multiple users and is reported by CITY 16 during normal support hours, VENDOR will begin a technical review of the problem and respond to CITY within four (4) working hours after receipt of such notification. VENDOR shall work diligently to restore operation to a level that minimizes the impact on productivity. For minor program errors or malfunction of the Licensed Application Software, which has no productivity impact, reported by CITY during normal support hours, VENDOR would begin a technical review of the problem and respond to CITY within twelve (12) working hours after receipt of such notification. VENDOR shall work diligently to restore operation to a level that minimizes the impact on productivity. g. Any workaround provided, does NOT relieve the vendor of its duty to resolve any Material Errors. 6) Maintenance Modifications - When any non-critical errors in the Licensed Application Software are identified by CITY or other licensed user of VENDOR'S Licensed Application Software, VENDOR will make modifications or revisions to the Licensed Application Software or Licensed Documentation that correct these errors and distribute thoroughly tested patches, updates, or new versions of the Licensed Application Software along with detailed instructions as to how to apply the modifications to the installed version of the Licensed Application Software. 7) Critical errors that halt productivity of the entire site that are reported during Normal Working Hours will continue to be worked on beyond the end of Normal Working Hours until the issue is resolved satisfactorily or deferred to a new time by mutual consent. B) ON-GOING SUPPORT FOR LICENSED APPLICATION SOFTWARE VENDOR shall provide continuing on-going support services necessary to repair Application Software systematic program bugs or identified logic and operational problems and shall use best efforts to keep the Licensed Application Software compatible with then -current supported versions of all (third party operating systems, database engines, and utilities) software implemented in this project. VENDOR shall maintain, and provide to CITY upon request, a listing of all supported versions of all third party applications, and future technology road - maps, including but not necessarily limited to operating systems, database engines and utilities, related to the Licensed Application Software. 17 C) SYSTEM SUPPORT SERVICES At the request of the City and after CITY issues Letter of Completion, VENDOR will continue to provide system support services, which shall include, but not be limited to, cooperating with CITY staff to: 1. Configure CITY acquired hardware and System Software to support the VENDOR's Licensed Application Software; 2. Set up tables and parameters for CITY's unique installation; 3. Prepare backup scripts to back up the databases for the applications; 4. Train CITY's technical staff how to perform these tasks as well as diagnostic troubleshooting techniques for the VENDOR Licensed Application Software and providing documentation for the Licensed Application Software prior to onsite training. If CITY requests such services, VENDOR may charge CITY at the then current professional rates. The request and agreement to these additional services will be documented by a separate written proposal that will be agreed to prior to the work being commenced. D) APPLICATION SUPPORT FOR THIRD PARTY INTEGRATION VENDOR is responsible for supporting the custom integration applications included in the Licensed Application Software, as defined in Section VII (3). E) ACCESS TO PROGRAM SOURCE CODE Vendor acknowledges that it has entered into an agreement (hereinafter called the "Escrow Agreement") with Escrow Associates, LLC located at 1303 Hightower Trail, Suite 220, Atlanta, GA 30350. Said Escrow Agreement provides that the CITY may gain access to program source code for Licensed Application Software for the purpose of maintaining and supporting their program license all as provided in the Escrow Agreement. Escrow Agreement as described in Exhibit E. VENDOR agrees that it has or will require forthwith its escrow agent, or any successor escrow agent to notify the city in the event of any of the following occurrences — receipt of initial software to be held in escrow, receipt of any updates, and termination of agreement with vendor. VENDOR agrees that for so long as the Software License and Support Agreement is in effect it will deposit and update whenever changes are made, at VENDOR's sole cost, a copy of the current version of the program source code 18 for all programs for which the CITY holds license as described in Exhibit C attached hereto in Escrow. VENDOR further agrees that for so long as this Software License and Support Agreement is in effect it will take no steps or actions which would have the effect of modifying or eliminating the Escrow Agreement without first having received written permission from the CITY to do so. VENDOR agrees that should it become necessary for the CITY to invoke the Escrow agreement, once the CITY obtains the source code for the Software it will no longer be obligated to pay the Annual Software Maintenance charges, unless the CITY wishes to continue to receive upgrades and support from the VENDOR. VENDOR agrees, upon written request by CITY, to allow CITY or Third party designated by CITY to Audit the escrow update process and to audit program source code held in Escrow for currency and sufficiency for all programs for which the CITY holds license as described in Exhibit C at CITY'S expense. The Audit would consist of an Auditor verifying the policies, procedures and shipping receipts used by the Vendor and would involve a comparison of Shipping Documents with Receipt documentation and notifications made by the Escrow holder to the City that an update has been received, along with a audit of the documentation and tracking polices and procedures used by the Escrow holder to make sure that is maintaining the correct and current copy. Additionally a copy of the current software version installed in the City of Diamond Bar may be requested by the auditor to be brought to the Escrow holder location at anytime during normal business hours and that copy immediately compared to the copy in the possession of the Escrow holder, this comparison may be performed by a TransCore Staff member on TransCore Equipment but the comparison will be done under the direction and visual inspection only of the Auditor, this audit will only check for the number of files, the size of the files and any data corruption by doing a bit by bit comparison of the file. Under NO circumstance will the source code be out of the custody of Municipal Software and in no case will the Source code be recompiled for testing or removed from any site holder during the process. F) SUSPENSION OR TERMINATION OF ANNUAL SOFTWARE MAINTENANCE (ASM) 1) The time period within this Annual Software Maintenance (ASM) for the rendering of Software Maintenance Services by VENDOR to the CITY shall be on an annual basis (i.e., one-year period). 2) Neither VENDOR nor the CITY may terminate this ASM during the first year that the ASM is in effect. After the ASM first year, either the CITY or VENDOR may terminate this ASM at any time within the ASM period under the following conditions: a. Dual Party -Initiated Termination: If both parties mutually agree to terminate the ASM, then there will not be any financial penalties incurred by either party; and Both parties shall agree in writing to a written amendment to this ASM which terminates the ASM at the end of the month in which said termination amendment is signed by duly authorized representatives of each party. b. CITY -Initiated Termination: The CITY must submit written notification to such effect to VENDOR at least thirty (30) days prior to the desired ASM termination date; and The CITY is responsible for full payment of all portions of the ASM prior to CITY -initiated termination and full payment of any additional services previously rendered by VENDOR. VENDOR will reimburse the CITY a pro rata portion of the Software Maintenance Services fee equal to the unused portion of the ASM less any outstanding charges for Additional services. c. VENDOR -Initiated Termination: • VENDOR must submit written notification to such effect to the CITY at least thirty (30) days prior to the desired ASM termination date; • VENDOR shall forfeit all rights to receive ASM payments for the remaining portions of the ASM (i.e., rest of the ASM year); • The CITY is responsible for full payment of all portions of the ASM prior to VENDOR -initiated termination and for full payment of any Additional services previously rendered by VENDOR; and • VENDOR will reimburse the CITY a pro rata portion of the Software Maintenance Services fee equal to the unused portion of the ASM less any outstanding charges for Additional services. 20 3) The terms of this ASM shall be in effect for a 1 -year period which shall begin at the conclusion of the initial 1 -year system warranty period and shall be annually renewable upon receipt of payment as mutually agreed- upon by CITY and VENDOR. 4) In the event of termination of the ASM specified herein, through default by the CITY, VENDOR's obligations under this ASM shall immediately end. 5) VENDOR may terminate this ASM for cause if the CITY fails to comply with any of the terms and conditions of this ASM or with any of the terms and conditions of the Agreements for any of its software products. In addition, VENDOR may terminate this ASM in the event of default by the CITY. Default by the CITY includes the CITY's failure to pay Additional services invoice (as outlined in Section VII Paragraph C) within thirty (30) days notice that the same is thirty (30) days or more delinquent. 6) The CITY may terminate this ASM for cause if VENDOR fails to comply with any of the material terms and conditions of this ASM. The CITY will provide VENDOR thirty (30) days written notice to cure the default. If within the thirty -day period, VENDOR has not proceeded with a cure, the CITY may terminate the ASM. SECTION VIII LETTER(S) OF COMPLETION This Agreement will contain the following phases regarding completion of the DBTMS Project: Phase 1 — Completion of the TransSuite System (including Ethernet Network): Phase 2 — Completion of the IEN Integration: and Phase 3 — Completion of CCTV Integration. Within 90 days after go -live of each phase and at the end of the entire DBTMS Project, CITY will provide VENDOR with a Letter of Completion confirming that VENDOR has fully implemented the Software Application and related services pertaining to the part of the application which has gone live, provided that for that phase: 1. VENDOR has met all requirements of the Agreement, including completion of all services and work necessary for Installation of all Licensed Application Software, subject to the Project Schedule and meeting the Project Task Requirements to Project Completion; 21 2. VENDOR has provided training to the CITY as required by this Agreement; 3. VENDOR has provided all Licensed Application Software to be purchased under this Agreement (along with Web Application and Third Party Integration Software) as set forth in Exhibit C, and all technical and user Documentation relating to all Licensed Application Software and the Third party Software Integration; 4. All required Acceptance Testing has been completed by the CITY and the License Application Software has been found to be free of Material Errors; 5. All Licensed Application Software purchased under this Agreement is fully loaded into the CITY'S hardware environment, fully operational and appropriately labeled; 6. Documentation is presented to the CITY representing a complete system backup of the application software and data. The documentation shall include, but is not limited to, instructions as to how to completely re -install the contents of the media onto the hardware; 7. All Software Maintenance Services and Technical Support Services are in place and functional; 8. All Material Errors have been resolved. SECTION IX FIXED PRICE VENDOR will fulfill all requirements under this contract for the sole fixed price of $332,791. CITY shall have no further obligation for payment beyond this fixed price amount. Annual Licensed Application Software Maintenance Fees: The Annual Software Maintenance Agreement (ASM) includes all technical support services, software maintenance services, Licensed Application Software upgrades, Licensed Application Software fixes, Licensed Application Software enhancements, and annual Escrow Agreement costs. The cost of the Annual Software Maintenance Agreement is $20,000 per year. 22 PAYMENT MILESTONES and PROGRESS SCHEDULE All references to payment Milestones in any document other than this agreement are superseded. Periodic progress payments of the Fixed Price amount will be based upon VENDOR meeting the certain benchmark requirements of the Payments Schedule as seen in Exhibit D as follows: Total fixed price contract is $332,791. Contract payment totaling $332,791 will be paid as follows: Warranty retention will be paid out in quarterly increments at 2 1/2% with the first payment beginning 3 months after completion.of the system acceptance test. DBTMS — Proposed Payment Milestones Percentage of Value . Payment Milestone Contract Payment Contract Payment $16,640 Submission of Draft System 5% Functionality Document Submission of Final System 5% $16,640 Functionality Document and Other Task 1 Deliverables Receipt of System Hardware by 10% $33,279 TransCore Completion of Pre -Commission Test 15% $49,918 Installation of Ethernet -over -Copper 20% $66,558 Communications Equipment Installation of Hardware and Software in 25% $83,197 Diamond Bar and Integration of Intersections Completion of Training and Delivery of 5% $16,640 Documentation Completion of System Acceptance Test 5% $16,640 Warranty Retention 10% $33,279 SECTION X 23 APPLICABLE TAXES Taxes based upon net income or any other tax normally paid by VENDOR shall be the sole responsibility of the VENDOR. VENDOR shall obtain and maintain during the duration of this Contract Agreement, a Diamond Bar CITY Business registration or License as required by the then current Diamond Bar Municipal Code. SECTION XI WARRANTY OF PERFORMANCE A) COMPLIANCE WITH STATE AND FEDERAL AUDIT REQUIREMENTS As long as CITY maintains continuous support for the Licensed Application Software included herein and/or modified per Section V, VENDOR shall ensure that all application software will comply with any and all then current State and Federal reporting and/or audit requirements, such that CITY will not be liable for program flaws which may violate any such requirements. B) WARRANTY OF PERFORMANCE VENDOR warrants that the Licensed Application Software will perform free of Material Errors in accordance with its specifications and requirements as set forth in the Agreement, if properly used in the operating environment. VENDOR warrants that all components are interoperable and the configuration is complete and suitable for the purpose and use specified by the CITY. VENDOR'S warranty of performance shall be based on the specifications, terms and conditions contained in the Agreement as a whole, Proposal, and Change Orders. Any future upgrades will have no adverse impact on the interoperability of the Licensed Application Software. This Warranty of Performance and other Provisions of this Contract shall supersede and replace the provisions of VENDOR's "Software License and Support Agreement" or comparable document enclosed with or accompanying any packaged software documentation provided by VENDOR. C) CORRECTION OF ERRORS UNDER THE WARRANTY At no charge to the CITY, VENDOR will promptly correct Material Errors in the Licensed Application Software according to the terms of this Contract Agreement so that the Licensed Application Software will perform as required. D) ORAL REPRESENTATIONS No CITY or VENDOR employee has the authority to bind either party to any oral representation or warranty. E) TERMINATION VENDOR shall have the right to terminate this Agreement if CITY fails to pay undisputed charges due within forty-five (45) days of progress payment request or for any other material breach of CITY's obligations under this Agreement. As a prerequisite to termination, VENDOR shall provide CITY a 30 -day written Notice to Cure to the City Project Manager, which notice shall be specific as to the City's alleged material breach(s) and what steps are required to be taken by City to cure the material breach. If CITY cures said material breach within the 30 -day period, VENDOR's termination notice will be deemed rescinded, and VENDOR shall thereafter reinstate services under this Agreement If VENDOR determines the material breach(s) set forth in the Notice to Cure are not cured, it shall give final 10 -day written notice to CITY and may terminate the contract, subject to the dispute resolution provision of this Agreement. In the event VENDOR brings suit for breach of this Agreement, its sole remedy shall be recovery of all charges due and payable for work performed to the date of termination. VENDOR shall not be entitled to recover lost profits, consequential damages, punitive damages, or other special damages. Not later than the 10th day following the giving of the final notice by VENDOR, VENDOR shall assemble the completed work product to date and work in progress, and put same in order for proper filing and closing, and deliver said product to CITY. 2. CITY shall have the right to terminate this Agreement if VENDOR is in material breach of the agreement, including but not limited to, if VENDOR exceeds for a period greater than thirty (30) calendar days any of the benchmarks set forth in Project Schedule (Exhibit D) or otherwise as agreed to in writing by the parties, or should the Licensed Software Application fail to perform as defined in Exhibit F — DBTMS Functional Requirements Document. As a prerequisite to termination, CITY shall provide a written 30 - day Notice to Cure to VENDOR's Regional Vice President, Michael Mauritz that shall be specific as to the VENDOR's alleged material breaches and what steps are required to be taken by VENDOR to cure the material breach. If VENDOR cures said material breach within the 30 -day period, the CITY's termination notice will be deemed rescinded. If CITY determines the breaches set forth in the Notice to Cure are not cured, it shall give final 10 - day written notice to VENDOR and may terminate the contract, subject to the dispute resolution provision of this Agreement. In the event CITY brings suit for breach of this Agreement, its sole remedy shall be recovery of all sums paid to VENDOR from the inception through the date of termination, plus CITY's costs administering the Agreement. CITY shall not be entitled to lost profits, consequential damages, punitive damages, or other special damages. Not later than the 10th day following the giving of the final notice 25 by CITY, VENDOR shall assemble the completed work product to date and work in progress, and put same in order for proper filing and closing, and deliver said product to CITY. 3. Notwithstanding the foregoing, CITY shall have no right to recover any fees paid to VENDOR once the Letter of Project Completion has been issued by CITY. 4. Excluding non -renewal of the Maintenance Agreement, which would not be a trigger for the release of escrowed software, in the event VENDOR ceases to provide maintenance and support for the Licensed Application Software (including any VENDOR -supplied updates) for reasons other than CITY's failure to pay maintenance fees, a current copy of the Source Code for the Licensed Application Software, as defined in Section VII, clause E with complete system documentation will immediately be provided to CITY upon termination of ASM Agreement in order to ensure continued maintenance. G) SUCCESSOR VENDOR COOPERATION & ASSISTANCE Upon termination of this Agreement, or notification of termination of this Agreement, should the CITY desire to thereafter obtain the services or similar services provided for under this Agreement or services added to the system subsequent to this Agreement from another service agency or computer system, or to provide such in-house capabilities, VENDOR agrees to cooperate and provide the necessary support and assistance in developing a vendor migration plan, acceptable to the City. VENDOR agrees to use its best efforts to cooperate with and assist any successor vendor or agency in the event that the CITY, at the termination of this Agreement, selects another vendor to provide the services covered by this Agreement or to purchase other in-house equipment. VENDOR agrees to assist and aid any outside consultants, agencies, or governmental agencies either retained by the CITY required by law to audit, document, or provide audit trail documentation for any module or system constructed with VENDOR programming or assistance. CITY agrees to pay VENDOR for such services at the VENDOR's then prevailing professional rates. SECTION XII LIABILITY, INDEMNIFICATION AND DEFAULT A) LIABILITY, INDEMNIFICATION AND DEFAULT 26 CITY shall in no event be liable to VENDOR or other person claiming damages as a result of the CITY's use of the Licensed Application Software and Materials in conformity of this Contract Agreement, whether direct or indirect, special or general, consequential, or incidental or arising from loss of profits; provided that this provision shall not apply to any claim, demand, loss or action alleging that any modifications made by Licensee to the Licensed Application Software and Materials infringe any third -party rights in the United States respecting copyright, trade secret, or patent. VENDOR shall indemnify, defend, and hold harmless from any demands, claims or suits by a third party for loss, damages, expenses, liability, legal costs, and attorney's fees arising out of claims or allegations that the CITY's use of the Licensed Application Software and Materials in conformity with this Agreement infringe any third -party rights in the United States respecting copyright, trade secret, or patent or that the Licensed Application Software caused damage to any person. VENDOR agrees to indemnify and hold the CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages, and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, negligence and/or acts or omissions of VENDOR or VENDOR's agents, employees, subcontractors, officials, officers or representatives. Except as otherwise provided in this Section, upon demand, VENDOR shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages, and costs. B) BANKRUPTCY/SUPPORT CESSATION The term "default" as used in this Contract Agreement shall include the institution of proceedings by or against VENDOR under federal or state bankruptcy laws and assignment or receivership for the benefit of creditors. C. INSURANCE VENDOR, at its own cost and expense, shall purchase and maintain during the life of this Contract Agreement a comprehensive liability policy that shall protect VENDOR from claims for property damage and injuries to persons, including accidental death, and name the CITY as an additional insured under said policy in not less than the following amounts: • General Liability including personal injury and property damage in the amount of $1,000,000. 27 • Automobile Liability, all automobiles, in the amount of $1,000,000 for combined single limit. In addition, CITY shall be named as additional insured by endorsement on such policies and shall be notified by the insurance carrier of any change in or cancellation of coverage. VENDOR further agrees during the life of this Contract Agreement to maintain, at VENDOR expense, all necessary insurance for its employees, including, but not limited to, Workman's Compensation, disability, and unemployment insurance. VENDOR shall furnish a certificate of insurance and Additional Insured Endorsements countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. The countersigned certificate shall name the CITY as an additional insured under the policy. The certificate shall contain a statement of obligation on the part of the insurance carrier to notify CITY of any material change, cancellation or termination of the coverage at least thirty (30) calendar days in advance of the effective date of any such material change. VENDOR shall furnish the certificate to CITY prior to execution of this Agreement by CITY. Before VENDOR shall employ any person or persons in the performance of this contract, VENDOR shall procure a policy of Worker's Compensation Insurance as required by the Labor Code of the State of California. SECTION XIII GENERAL PROVISIONS A. ASSIGNMENT This Contract Agreement may be assigned by VENDOR to another person or organization that acquires all or substantially all of the assets of VENDOR as long as all contractual provisions and responsibilities are assumed by the acquiring person or organization and the CITY's approval is obtained which will not be unreasonably withheld. Any other assignment by VENDOR shall be made only with the prior written consent of CITY which consent shall not be unreasonably withheld provided that in the event of such assignment the proposed assignee has agreed to be fully responsible for VENDOR obligations under this Contract Agreement. B. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California and any and all disputes, arbitrations or legal actions 28 shall be initiated and venue set in Los Angeles County, California. C. MEDIATION Should any dispute arise out of the termination or abandonment of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 90 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, Judicial Arbitration and Mediation Service (JAMS) or other agreed- upon service. A "blindfolded" process shall select the mediator. The mediation shall take place in Los Angeles County, California. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action arising out of the termination or abandonment of this agreement without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 30 days, unless the parties extend the maximum time by mutual agreement. D. ARBITRATION After mediation above, and upon agreement of the parties, any dispute or claim arising out of or relating to the termination or abandonment of this agreement may be resolved by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any appropriate court of law. The arbitration proceedings shall take place in Los Angeles, California and any award shall be entered in Los Angeles Superior Court. The costs and fees of arbitration shall be borne equally by the parties. E. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties with respect to the matter contained herein. There are no promises, covenants or undertakings other than those expressly set forth herein. The order of precedence for this Agreement is as follows: 1. This Agreement 2. Exhibit G — DBTMS Statement of Work 3. Exhibit A — VENDOR proposal dated/received (September 18, 2006) 4. Exhibit F — DBTMS Functional Requirements Document 5. Exhibit B — "Diamond Bar Traffic Management System (DBTMS) Request for Proposals" Dated 8/16/2006 6. Exhibit D — Project Schedule 29 7. Exhibit E — Escrow Agreement This Agreement(s) may not be amended except by writing, signed by authorized representatives of CITY and VENDOR and approved by CITY's City Attorney. If any of the provisions of the Contract Agreement(s) are declared to be invalid, such provisions shall be severed from the Contract Agreement(s) and the other provisions hereof shall remain in full force and effect. This contract shall be considered entered into in Los Angeles County, State of California. F. CONSTRUCTION A term or condition of the Agreement can be waived only by written consent of both parties. Title and paragraph headings contained in the Contract Agreement are for convenient reference and do not constitute part of the Contract Agreement and shall not affect the interpretation of the Contract Agreement. This Contract Agreement shall be binding upon and inure to the benefit of the parties to the Agreement and their respective successors and assigns. G. SERVICE OF NOTICE Any notice required or permitted to be sent under the Contract Agreement shall be delivered by hand or mailed by registered mail, return receipt requested, to the addresses of the parties first set forth below. H. SURVIVAL Section VI I, paragraphs (E), along with any other provisions which by their terms survive, shall survive the expiration or termination of this Agreement. I. NON DISCLOSURE & CONFIDENTIALITY CITY is a Public entity and is subject to Public Disclosure of much of its information and documents. CITY agrees to use reasonable efforts to protect the VENDORS software from un -authorized distribution and duplication. VENDOR agrees that in the course of providing this software and services it will have access to constituent information, needed to support and maintain the application, and will use reasonable efforts to prevent the un -authorized disclosure of this information. 30 J. SEVERABILITY In the event that any one or more of the provisions, or its application to any person or legal entity or circumstance, contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. K. INTERPRETATION The captioned headings in this Agreement are for convenience of reference only and are not to be considered in interpreting this Agreement. This Agreement supersedes all prior communications between the parties relating to the subject matter of this Agreement and constitutes the full understanding between the parties with respect thereto. No waiver of any provision of this Agreement nor any modification or supplement hereto shall be binding, unless in writing and signed by an officer of Municipal Software Corporation and the CITY. The terms and conditions set forth herein shall prevail notwithstanding the terms and conditions of a purchase order or other communications previously or hereafter submitted to or by parties. L. ATTORNEY'S FEES. In the event that either party to this Agreement, after having exhausted the provisions of XIII "C." and "D" and prior to the issuance of the Project Completion Letter, shall commence any 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 costs of expert witnesses and consultants, and reasonable attorney's fees. After the issuance of the Project Completion Letter both parties will bear their own costs of litigation, with the exception of litigation taken to enforce the access to the Software Source Code Escrow. M. FORCE MAJEURE Except as otherwise expressly provided herein, neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that such performance is prevented or delayed by any cause, existing or future, which is not within the reasonable control of such Party including, but not limited to, acts of God or the public enemy, fires, earthquakes, explosion, riots, strikes (not including strikes of the Contractor's staff personnel), or war, terrorist acts, or inclement weather, where the Party whose performance was delayed did not 31 otherwise cause or contribute to the cause of the delay or not prevent, when able to prevent, such delay. Notwithstanding the foregoing, the failures of any of the Contractor's suppliers, Sub -Contractors, or the like shall not excuse TransCore's performance except to the extent that such failures are due to any cause without the fault and outside the reasonable control of such Suppliers, Sub -Contractors, or the like including, but not to, acts of God or the public enemy, fires, explosion, riots, strikes (not including strikes of the Contractor's staff personnel), or war, terrorist acts, or inclement weather. VENDOR: TransCore ATTN: Christine K. Faschini, Contracts Manager 9440 Carroll Park Drive, Suite 150 San Diego, CA 92121 VENDOR: Mr. Charles Dankocsik Senior Associate TransCore ITS, LLC 626 Wilshire Boulevard, Suite 818 Los Angeles, CA 90017 CITY: City of Diamond Bar City Clerk 21825 Copley Drive Diamond Bar, CA. 91765 Courtesy Copy to: City of Diamond Bar City Manager 21825 Copley Drive Diamond Bar, CA. 91765 Courtesy Copy to: City of Diamond Bar Director of Public Works 21825 Copley Drive Diamond Bar, CA. 91765 32 APPROVED AS TO FORM: TRANSCORE, ITS, LLC Michael Mauritz LIM City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: List of Exhibits: Michael Mauritz Vice President James DeStefano, City Manager Exhibit A — VENDOR proposal dated/received (September 18, 2006) Exhibit B — "Diamond Bar Traffic Management System (DBTMS) Request for Proposals" Dated 8/16/2006 Exhibit C — List of TransSuite Software Modules purchased Exhibit D — Project Schedule Exhibit E — Escrow Agreement Exhibit F — DBTMS Functional Requirements Document Exhibit G — DBTMS Statement of Work 33 Develop Draft SFD 65 days Mon 8/13/07 Fri 11/9107 5 City Review s 20 days Mon 8/13/07 Fri 9/7/07 Requirements Workshop 20 days Mon 9/10/07 Fri 10/5/07' Finalize SFE) 5 days Mon 1018/07 Fri 10/12/07 9 Task 1.2 - Test Communications Cable 20 days Mon 10/15/07 Fri 11Y9/07 _ Test Cable 25 days Mon 8/13107 Fri 9114/07 — 10— Prepare Documentation 20 days Mon 8/13107 Fri 9/7/07 11 12__ Task 1.3 - System Arch, Hdwre List and TMC Rec. 5 days Mon 9/10/07 Fri 9114!07 Prepare System Architecture 10 days Mon 10/29/07 Fri 11/9/07 " i3 Prepare Hardware List 10 days Mon 10/29/07 Fri 11/9/07' 15 Prepare TMC Recommendatioons 10 days Mon 10/29/07 Fri 11/9/07: Task 1.4 - Develop Test Plans 10 days Mon 10/29/07 Fri 11/9/07' 16 17 Prepare Draft Pre -Commission Test Plan 40 days Mon 11/12/07 Fri 1/4/08 _ 18 Prepare Draft System Acceptance Test Plan 10 days Mon 11/12/07 Fri 11/23/07 _— City Review 10 days Mon 11/26/07 Fri 12/7/07 19 Task 2 - Development of DBTMS Mon 12/10/07 20 daysFri 1/4/08 20 21 Task 2.1 - Procure Equipment 70 days Mon 11/12/07 Fri 2/15/08 Order Equipment 55 days Mon 11!12/07 Fri 1/25108 _ 22 Ship Equipment to Atlanta 10 days Mon 11/12/07 Fri 11/23/07 23 Assembly and Testing 40 days Mon 11/26/07 Fri 1/18/08 24 25 Task 2.2 - Software Development 5 days Man 1/21/08 Fri 1/25108 _ Task 2.3 -System Configuration Mon 11/12/07 20 daysFri 12/7/07 26 27 Install COTS and TransSuite Software 15 daysMon 1/28/08 Fri 2/15/08 Configure Central Database 5 days Mon 1/28/08 Fri 2/1/08' 28 - Install System Graphics 10 days Mon 2/4/08 Fri 2/15/08 29 y Task 2.4 - System Graphics 10 days Mon 2/4/08 Fri 2115/08 30 Develop ATMs Map Display 35 days Mon 11/12/07 Fri 12/28/07 31 - Develop Intersection Graphics 5 days Mon 11/12/07 Fri 11/16/07 32 Task 2.5 - Develop Test Plans 30 days Mon 11/19/07 Fri 12/28/07 33 34 Finalize Pre -Commission Test Plan 20 days Mon 1/7/08 Fri 211/08 35 Finalize System Acceptance Test Plan 10 days Y Mon 1!7/08 Fri 1/18/08 36 Task 2.6 Develop Implementation Schedule 10 days Mon 1/21/08 Fri 2/1/08 _ Task3 -System Implementation 5 days Mon 1/28/08 Fri 2/1/08 37 Task 3.1 - Pre -Commission Test 65 days Mon 2/18108 Fri 5/16/08 38 Receive Equipment in Diamond Bar 12 days Mon 2118/08 Tue 314/08 _39 _ 40 Conduct Pre -Commission Test 5 days Mon 2/18/08 Fri 2/22/08 - _ Prepare Test Report 2 days Mon 2/25/08 Tue 2/26/08 41 Task 3.2 - System Installation 5 days Wed 2/27/08 Tue 3/4/08 42 Install Servers 15 days Mon 3/31108 Fri 4/18/08 _ 4.3 Install Workstations 5 days Mon 3/31/08 Fri 4/4/O8 ' 44 - Integrate and Test Hardware 5 days Mon 4/7/08 Fri 4/11/08 45 Task 3.3 - Communications Network Configuration 5 days Mon 4/14/08 Fri 4/18/08 46 ----- ---- Configure Intersection Communications Phase 1 40 days Mon 3/24/08 Fri 5/16/08 ----------_—_- -- -- - _ - 10 days Mon 3/24/08 Fri 4/4/08 P�10e :,„ Task Project: dbar sched_rev5607 — -- --- 49 Task 3.4 - Field Device Integration - 5 days Mon 4/14108 Fri 4118/08 50 initial Intersection Integration 5 days Mon 5/12/08 Fri 5/16/08 51 Final Intersection Integration 30 days Mon 2/18108 Fri 3128108 52 Task 3.6 - Develop Training Schedule and Agenda Mon 2/18/08 Fri 2/29/08 53 Develop Training Schedule and Agenda 10 days Fri 3/28/08 20 days Mon 3/3/08 5-4 City Review 5 days Mon 5/12/08 Fri 5/16108 55 Task 4 -System Acceptance Test 70 days Mon 2118108 Fri 5123108 56 Task 5 - System Documentation 30 days Mon 2/18108 Fri 3128108 57 - Prepare Draft Documentation 25 days Mon 3/31108 Fri 512/08 ----58- 58 City Review 15 days Mon 5/5108 Fri 5123/08 59 - Prepare Final Documentation 20 days Mon 3131108 Fri 4125108 50_ Task 6 - Training 5 days Mon 3131/08 Fri 4/4/08 761- Finalize Training Program 5 days Mon 4/21/08 Fri 4125/08 ---" 62 Conduct Training 0 days Fri 5123/08 Fri 5/23/08 --- 63 System Accpetance and Begin Warranty Period Fri 512108 10 days Mon 4121/08 64 Optional Tasks 5 days Mon 4/28/08 Fri 5/2/08 --" - 65 Task 01 -IEN Integration 5 days Mon 4/21/08 Fri 4/25/08 - --Task 66 02 -CCN Integration 267 days Tue 511107 Fri 5/9108 gj Related City Projects 159 days Tue 7/10107 Fri 2/15108 Upgrade Controllers and Install LACO 4E Firmware days Mon 7/9/07 Fri 2129108 — 60 - Phase 1 Interconnect 170 170 days Mon 9117107 Fri 5/9108 jp ^7 !=7 Phase 2 Interconnect 197 days Tue 5/1107 Fri 211/08 j1 Install CCN Cameras 199 days Mon 614/07 Fn 317/08 - 72 Install IEN Servers and Workstations Summary txceina� �a��� _ Progress , Agenda # g , 1 (b) Meeting Date: August 7, 2007 CITY COUNCIL AGENDA REPORT \jRPOR��� r9gs TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: APPROVE A CONTRACT AMENDMENT WITH ADVANTEC CONSULTING ENGINEERS FOR TRAFFIC MANAGEMENT SYSTEM TECHNICAL SUPPORT IN THE AMOUNT OF $50,000 AND FOR THE ON-GOING CITYWIDE TRAFFIC SIGNAL TIMING PROGRAM IN THE AMOUNT OF $50,000, FOR A TOTAL AUTHORIZATION AMOUNT OF $100,000. RECOMMENDATION: Award Contract. FINANCIAL IMPACT: For Fiscal Year 2007-2008, the Public Works Budget included an appropriation in the amount of $50,000 for technical support services for implementation of the Diamond Bar Traffic Management System and $50,000 for the Citywide Traffic Signal Timing Program. BACKGROUND/DISCUSSION: Traffic Management System Technical Support Upon approval of the contract for implementation of the Diamond Bar Traffic Management System (TMS), staff will require the services of Advantec Consulting Engineers to oversee the technical aspects of system implementation and to develop traffic responsive timing plans accordingly. The TMS will be integrated with the City's traffic signal network using a combination of traffic signal interconnect and communications equipment. Because of the extensive integration of hardware, software, and other communications equipment, it is necessary to utilize the services of Advantec Consulting Engineers. Advantec has relevant experience with the implementation of traffic management systems and is very familiar with the City's traffic signal infrastructure. Knowledge of the City's traffic signal infrastructure will be instrumental in ensuring a smooth transition to the TMS. Advantec also has prior experience in developing timing plans for arterial roadways in Diamond Bar, so it will be beneficial to use their services in preparing traffic responsive timing plans that the TMS can implement in response to real time traffic conditions. Citywide Traffic Signal Timing Program The contract amendment will also include traffic signal timing services for Fiscal Year 2007-2008. Advantec has been providing traffic signal timing services to the City since 2002. In addition, the City's traffic signal synchronization effort was successfully implemented by Advantec in 2004. Because of the firm's history with providing these services; and their familiarity with the operations of Diamond Bar traffic signals, it will be beneficial to continue using Advantec to monitor and adjust traffic signal timing in Fiscal Year 2007-2008. PREPARED BY: Rick Yee, Senior Engineer Date Prepared: August 1, 2007 REVIEWED B Davit. LV,Director of Public Works Attachment: Amendment to the Consulting Services Agreement K AMENDMENT NO.2 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 2 is made and entered into this 7th day of August 2007, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Advantec Consulting Engineers, Inc. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide engineering services related to technical support for implementation of the Diamond Bar Traffic Management System and for the Citywide Traffic Signal Timing Program. 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 July 31, 2007, for the technical support services related to the Diamond Bar Traffic Management System and the Citywide Traffic Signal Timing Program. Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 2 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 2 shall be valid and binding. Any modification of this Amendment No. 2 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: Bernard K. Li, PE LIM City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: Bernard K. Li, P.E. James DeStefano, City Manager Agenda # 8.2 Meeting Date: August 7, 2007 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g tv TITLE: DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL WAY CROSSING GUARD REQUEST RECOMMENDATION: Review options discussed herein and direct staff as necessary. BACKGROUND/DISCUSSION: At the May 10, 2007 Traffic and Transportation Meeting, several members of the public expressed concern about the safety of the crosswalk on Diamond Bar Boulevard at Mountain Laurel Way. The crosswalk on the north leg of the intersection has raised concerns because of recent accidents that have occurred between pedestrians and vehicles engaged in turning movements. In order to address this concern, a crossing guard has been requested by area residents. As a first measure of response, staff initiated dialogue with school administrators at Chaparral Middle School to ensure students were being properly educated about safely crossing at the intersection. Chaparral is located close to this intersection and its principal has been very active in addressing safety concerns with the students. Traffic safety announcements are provided on a weekly basis and Chaparral's principal personally discusses traffic safety with all incoming students. In order to respond to the request, a crossing guard warrant study (dated May 30, 2007) was prepared by Advantec Consulting Engineers. As part of the crossing guard warrant study, traffic and pedestrian counts were taken during the morning and evening peak hours. The warrant study considers both accident history and current traffic data in accordance with criteria set forth by the California Manual on Uniform Traffic Control Devices (MUTCD). In order to warrant a crossing guard based on the MUTCD, the pedestrian count for each of any two hours during the day must exceed 40 pedestrians. The intersection currently does not meet either of the warrants. The data indicates 21 pedestrians during the two hour morning period and 63 pedestrians during the two hour afternoon period for the north cross walk. The west cross walk also did not satisfy the warrant with a count of 5 pedestrians during the two hour morning period and 35 pedestrians during the two hour afternoon period. The Sheriff's Department provided accident history data and this information was also included in the crossing guard warrant study. Within the last 3 years, there have been 3 incidents involving pedestrians and vehicles; the 3 incidents occurred between August 2006 and May 2007. Two of the incidents involved school-age pedestrians in the crosswalk and one of the incidents involved a bicyclist. At the June 14, 2007 Traffic and Transportation Commission Meeting, the results of the crossing guard warrant study were presented to the commission. The commission accepted the findings and directed staff to meet with the residents that initiated the crossing guard request and to explore other traffic control measures to address the issue. Staff subsequently met with these residents to discuss the warrant study findings and to provide alternative measures including striping and "split -phasing" that could improve safety at the intersection. The residents were agreeable to these measures, but insisted that a crossing guard was still desired. At this time, the following alternative measures are available to enhance the intersection: 1) Add additional signage and cross -hatching to the crosswalk to improve visibility and provide improved notification to motorists (See simulation photo attached as Exhibit A). 2) Implement split -phased timing to isolate the crosswalk movement on the north side of Diamond Bar Boulevard. This would disallow any conflicting vehicular movements such as those that occur from permissive left turns. 3) Implement a crossing guard. Option 1 This option can be implemented relatively quickly and cost effectively. Per the MUTCD, cross hatching is not required at signalized intersections, but will provide improved visibility to motorists traveling along Diamond Bar Boulevard. Additionally, signage can be provided that further emphasize the crosswalks at the intersection. Option 2 This option will require the assistance of our traffic engineer to prepare a modified phasing plan that would be activated only during school related peak travel times, typically 7AM to 9AM and 1 PM to 3PM on weekdays. This option can also be implemented cost effectively because it would only require a modification of the traffic signal timing program and adjustments to the coordination plan for Diamond Bar Boulevard. Option 3 The option to implement a crossing guard will require a cost of approximately $6,250 per year/per guard to maintain the service during school related peak travel times. It should be noted that the Fiscal Year 2007-2008 budget included an appropriation of $100,000 for sixteen (16) crossing guards located among 8 elementary schools and 1 middle school, all of which are located within the City (See Exhibit B). Additional appropriation will be required in order to provide a crossing guard at this location. Staff also consulted City Attorney, Mike Jenkins and counsel for the Joint Powers Insurance Authority, Scott Grossberg. Both Mr. Jenkins and Mr. Grossberg concur that adding a crossing guard where it is not warranted will de facto create a lower threshold for consideration of crossing guards, making it difficult for the City to justify not providing guards at other intersections that are factually indistinguishable from this one CONCLUSION/RECOMMENDATIONS: At the June 14, 2007 Traffic and Transportation Commission, the commission approved a motion to accept the findings of the crossing guard warrant study and directed staff to explore other traffic control measures to reinforce public safety, to revisit the potential of eliminating the permissive left turn phase of the traffic signal one year from the date of installation (February 2008), and to meet with the residents to discuss the study findings and discuss available options (See Draft Traffic and Transportation Commission Meeting Minutes - Exhibit C). Based on the results of the crossing guard warrant study and upon review of the accident history, staff's recommendation is to proceed with implementation of Options 1 and 2 at this intersection prior to the start of school. Staff also recommends monitoring the intersection and re-evaluating the performance of the permissive left turn phase of the traffic signal in February 2008. PREPARED BY: Rick Yee, Senior Engineer REVIEWED David (J -. 'Liu Director of Public Works Attachments: Simulation Photo — Exhibit A Crossing Guard Locations — Exhibit B Draft Traffic and Transportation Meeting Minutes June 14, 2007 — Exhibit C Exhibit B City of Diamond Bar Crossing Guard Locations Fiscal Year 2007-2008 Walnut Valley Unified School District 1. Castle Rock Elementary Cold Springs Lane & at front of school/ 2. Castle Rock Elementary Castle Rock Road & Cold Springs Lane 3. Evergreen Elementary Harmony Hill Drive & Evergreen Springs/ 4. Evergreen Elementary Pathfinder Road & Evergreen Springs 5. Maple Hill Elementary Blenbury Drive & Maple Hill Road 6. Walnut Elementary Golden Springs Drive & Lemon Avenue/ 7. Walnut Elementary Glenwick Drive & Lycoming Drive 8. Quail Summit Elementary Quail Summit Drive & Winterwood Lane/ 9. Quail Summit Elementary Forrest Canyon near Park (mid -block) Pomona Unified School District 10. Diamond Point Elementary Golden Springs & Sunset Crossing Road/ 11. Diamond Point Elementary Sunset Crossing Road & Del Sol Lane 12. Golden Springs Elementary Ballena Drive & Meadow Falls Drive/ 13. Golden Springs Elementary EI Encino Drive & Prospect Valley Drive 14. Neil Armstrong Elementary Beaverhead Dr. & Cottonwood Cove Dr./ 15. Neil Armstrong Elementary Clearview Crest Drive & Chicora Drive 16. Lorbeer Middle School Diamond Bar Blvd. & Golden Springs Dr. EXHIBIT C CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JUNE 14, 2007 CALL TO ORDER: Chairman Shay called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. ROLL CALL: Commissioners Jimmy Lin, Jack Shah, Vice Chairman Kenneth Mok and Chairman Michael Shay Absent: Commissioner Liana Pincher was excused. Also Present: David Liu, Public Works Director; Rick Yee, Senior Engineer, Kimberly Molina, Associate Engineer, and Marcy Hilario, Senior Administrative Assistant. I. AxhahVmfoved,Chair/Shayse OF MINUTES: Me May 10, 2007 meeti C nded to approve the min es of the May 10, 2007 lineeting as amended. Motio carried by the following II Call vote: AYES: COMMISSI NERS: Lin, Shah C/Mok, Chair/Shay NOES: COMMIS ONERS: None ABSENT: COMMI SIONERS: Pinch r II. PUBLIC COMM TS: None O ered. III. CONSENT C LENDAR: No IV. ITEMS F M STAFF A. raffic Enforcement U ate - Received and filed n the following items: 1. Citations: rch, April & May 2007 2. Collisio : March, April & May 200 3. Strebt Sweeping: March, April May 2007 June 14, 2007 PAGE 2 T&T COMMISSION C/Lin que Toned the increase in ations for May and won red if the Sheriff's Deputie were given a quota. P /Liu responded that to his nowledge there are no quot Our deputies are ve pro -active an/theo y and residents provide inp regarding a need for in eased enforcemrespond.For examp ,I t month the Commis on requested thefor the intersectifDiamond Bar Boulevar at Mountain Laurel the request, t�s�due was an increase in enfor ment. In addition, theease in citati to "click it or ticket" a ivities. V. OLD BUSINESS: None VI. NEW BUSINESS: A. Diamond Bar Boulevard and Mountain Laurel Way Crossing Guard Request. SE/Yee presented staff's report. At the last meeting, several concerned residents spoke on this matter. Subsequent to the Commission meeting, staff asked the City's traffic consultant to prepare a Crossing Guard Warrant Study that took consideration of accident history and current traffic data. Ultimately, specific criteria would have to be met in order to warrant a crossing guard. The first criteria: the pedestrian count for each of any two hours during the day must exceed 40 pedestrians. The second criteria: the number of vehicular turning movements through the crosswalk must exceed 300 vehicles per hour. As a result of the study, the data indicates that the primary criteria are not met for the crosswalk under consideration. The data indicates 21 pedestrians during the two-hour morning period and 63 pedestrians during the two-hour afternoon period for the north crosswalk (the leg running across Diamond Bar Boulevard). The west crosswalk (the leg running across Mountain Laurel) also did not satisfy the warrant. The data indicated 5 pedestrian crossings during the two-hour morning period and 35 pedestrians during the two-hour afternoon period. PWD/Liu reported on the recent accidents at the Diamond Bar Boulevard and Mountain Laurel Way intersection. At the May 10th Commission meeting, a speaker referred to an accident that occurred on May 7, 2007. A second individual indicated her son was involved in an accident that occurred in April 2007. During the same discussion, another speaker mentioned an accident that occurred in August 2006. These accidents are unique and involve the eastbound Mountain Laurel leg and the southbound Diamond Bar Boulevard leg. According to the accident reports that were filed, the accidents can be attributed to driver behavior and their unique circumstances. The accident that occurred on May 7, 2007 took place at 7:00 a.m. The earlier accident took place at 3:15 p.m. on April 5, 2007. PWD/Liu read statements collected by Sheriff's deputies at the scene and the conclusion of the officers. The accident that occurred on August 5, 2006 took place at 10:39 a.m. and did not involve a school student. Staff wants to be very clear that each accident is unfortunate and has its own unique set of circumstances and variables. June 14, 2007 PAGE 3 T&T COMMISSION Clearly, the warrant study and the accident history did not indicate that a crossing guard is warranted. In addition, a speaker indicated that since the implementation of the protected/permissive left turn phase, the condition has worsened. In fact, staff cannot confirm that because the Mountain Laurel Way protected/permissive left turn phase was implemented only in March 2007 and there has not been sufficient time to determine the effectiveness. Staff does not believe it is prudent to convert the protected/permissive phase to a protected phase only at this point but rather to keep the matter under observation longer to determine the effectiveness. Also, the citation history clearly shows that the Sheriff's Department has been very active at this intersection. Staff understands this is a very emotional issue for some of the parents. However, the facts indicate that the students as well as the drivers played a role in what occurred. For the City to move forward with a crossing guard, staff needs to make a prudent and informed decision. Once a precedent is set it could mushroom throughout the City. SE/Yee referred the Commissioners to the last page of staff's report. Over 300 citations were issued during the five year period and the top three violations that occurred at this intersection were 1) driving in a bike lane, 2) unsafe speed and 3) failure to wear a seat belt. In fact, these three types of violations accounted for more than half of all citations issued. Chair/Shay recommended that staff and the Commission continue dialoguing with the residents and communicate what the study shows. If the City knows that the intersection does not merit a crossing guard and increased enforcement, he would like to see the residents become more involved to help their own cause via volunteerism. If residents believe they have a problem, and the statistics do not merit their requests, perhaps someone could volunteer to help remedy the situation. C/Lin asked if Tables 3.2.1 and 3.2.2 of the Crossing Guard Warrant Study included both protected and permissive turn count and if Tables 4.2 and 4.3 contained only those movements that took place when the permissive phase was allowed. SE/Yee responded that the tabulations for Tables on Page 3 offer a collective total regardless of whether it was protected or unprotected. The Tables on Page 4 represent a fraction of the number presented on Page 3 because the fraction on Page 4 represents the conflicting movement meaning that the pedestrian phase is occurring at the same time as the vehicular turn movement. C/Lin asked for confirmation that the warrant study was based on the results on Page 4 and SE/Yee responded that C/Lin was correct. C/Lin said that volunteerism sounded good but the City does not give authority to parents so it would be illegal for them to monitor the situation. The City would not want to encourage citizens to direct traffic. Chair/Shay said that he was not insinuating that the City do that. He was suggesting that the City should not react by hiring more enforcement, installing more street signals, etc. C/Lin believed that traffic signals were considered the most effective method of traffic control. People need to be educated to stop at a red light and yield June 14, 2007 PAGE 4 T&T COMMISSION when making a left turn. However, it would not be prudent to make changes now. Human nature is for people to want change when they experience an accident. Since the City has the backup of the scientific findings it would not be prudent to make any recommendation other than to continue observing the situation before re-evaluating the intersection. Obviously, taking away the permissive phase would definitely reduce the conflict but would not necessarily reduce the number of accidents because accidents are often caused by reckless drivers and by reckless pedestrian movements. Chair/Shay said he agreed. The bad news is there were three accidents over the past six months at this intersection. There are other places in the City where accidents occurred. The City cannot just throw a quick solution at a problem every time there is an accident. It behooves the City to attempt preventive education, however. C/Shah stated that two of the three accidents involved drivers who claimed they did not see the pedestrian in the crosswalk. With permissive turns drivers have to be aware of pedestrians as well as traffic and sometimes, permissive actions tend to create accidents. In this case it appears to him that the City may want to consider implementing a protected left and no -right -turn on red because it might offer a better result. Secondly, he noticed that one of the three drivers was temporarily blinded by light or light reflection. He did not believe the City should invest money in a lighted crosswalk. However, as an example in another city, the crosswalk flashes red when a car crosses it so that it brings to the attention of a driver that they are approaching a crosswalk. Instead of waiting, he highly recommended the City should return to a protected left turn and a no right -turn on red. Chair/Shay asked what affect a crossing guard would have had on the three reported accidents and DPW/Liu responded that it would be a speculation. C/Shah said Chair/Shay's question was hypothetical and could not be adequately answered because anything could happen whether or not there was a crossing guard present. Based on staff's report he does not believe a crossing guard is warranted and a crossing guard would not necessarily make a difference in preventing these types of accidents. PWD/Liu agreed that there needed to be ongoing open communication with the residents and staff would incorporate that in working toward a resolution. The protected/permissive has been in place since March 2007 and staff believes it is too soon to make a decision about changing the intersection with so little time invested in the most recent improvements. Some cities have experimented with lighted crosswalks and, according to information staff has received this type of mitigation is being used only at non -signalized intersections. During the Citywide Traffic Signalization upgrade, the City will replace the software and controllers currently in use allowing all signalized intersections to implement split phasing, it warranted. Essentially, instead of permitting potential conflicts between pedestrians and left -turn movements, the June 14, ?007 PAGE 5 T&T COMMISSION timing can be set to disallow pedestrian crossing during vehicular left -turns. Public safety is the overriding factor for all parties involved and the City is looking at all possibilities. One possibility is that as a part of the traffic signal upgrade system, the City will be looking at the ability to create timing scenarios that would essentially eliminate this kind of pedestrian/vehicular conflict. Chair/Shay felt staff had gone to great lengths to keep the Commission informed. He proposed that communication was key and felt that the first point of communication would be to let the neighbors know that the City has a game plan and will continue to monitor the situation and may propose further remedies. Extend an invitation to the residents to come to the City for a meeting and present the cold facts of the survey and let the people have a chance to speak. Based on the response, the Commission could base its decision on the community response. At least the City would follow a process of communication to the people to let them know that something is being done to address their concerns. C/Lin agreed. He again referred to the Tables. SENee responded that the time allocations on the left hand column overlap and a cumulative total would not be an accurate representation of what occurs between the hours of 6:30 a.m. and 8:30 a.m., for example. The reason for the overlap is staff's attempt to find a 60 -minute period for the highest use. C/Lin commented that on Page 4 the number of drivers making right -turns under the permissive phase is higher than drivers that make right turns southbound on green. He said that did not sound correct to him because Diamond Bar Boulevard should be given more green time. C/Lin said his point was that if the City tried to implement a no right -turn on red it would create a major traffic jam on Diamond Bar Boulevard. C/Lin said he agreed with PWD/Liu that the in -pavement lighting was installed only at non -signalized intersections and usually it is done mid - block. He strongly urged the City to not consider in -pavement lighting in D.B. because it was, in his opinion, one of the most hazardous traffic advisory tools that could be used because it offers false protection to the pedestrians. Split phasing would eliminate the conflict but it would substantially reduce the level of service on Diamond Bar Boulevard. C/Lin recommended that the City should lay all of its cards on the table and let the residents know that the City has followed the law by conducting a warrant study and the result indicates a crossing guard is not warranted. However, the City will continue to explore other possibilities. C/Shah said the residents are looking for some kind of action rather than just a study. He agreed with C/Lin that a no right -turn on red would stack up the cars and perhaps the Commission should not do that but he still believed a protected left -turn would definitely reduce the conflict and the residents would see that the Commission had taken action that had the potential to prevent conflict between pedestrians and vehicles. VC/Mok agreed with Chair/Shay about communicating with neighbors, but with that communication the City needs to emphasize what actually happened June 14, 2007 PAGE 6 T&T COMMISSION during those three accidents. The residents that attended the last meeting appeared to have a mindset that the pedestrians were innocent and it is important to know that pedestrians have a responsibility as well. The City has to be especially sensitive to the residents who attended the meeting because their children are involved. He agreed that a no right -turn from Diamond Bar Boulevard onto Mountain Laurel Way would create a traffic jam. Chair/Shay pointed out that it would be prudent to take a second look at how the accidents occurred before deciding to implement mitigation measures. C/Lin moved to accept the findings of the crossing guard warrant study that concluded a crossing guard is not warranted at Diamond Bar Boulevard and Mountain Laurel Way and urge staff to continue exploring alternative traffic control devices that would reinforce the public safety at the intersection. C/Shah recommended that the Commission agree on taking some action that could be related to the residents at the same time they are told they must take responsibility for their actions. PWD/Liu offered that staff could sit down with the parents who spoke at the last meeting. Hopefully, the parents would realize that the City wants to respond to them and that this is a process that must be thoroughly investigated. Following the meeting, staff could come back to the Commission with residents input. Unfortunately, the concerned residents are not present this evening to witness this proceeding. VC/Mok said the sooner the City communicated with the residents the better. Assuming the Commission moves forward with PWD/Liu's recommendation, he wanted clarification about whether staff had met with school officials at Chaparral. In addition, as reported by staff tonight, there is on-going dialogue between staff and all school principals. VC/Mok felt it would be good if staff had all of the facts available for the meeting with the residents including whether the dialogue with school officials had to do with educating students about this particular intersection. SE/Yee responded to VC/Mok's question about whether staff had entered into discussions with Chaparral school officials regarding this specific matter. He stated that staff was in the process of beginning discussions with the school. Staff's intention is to sit down with them to discuss the issue of crosswalk safety and how that could be conveyed to the students. C/Lin said that if the Commission wants staff to meet with residents, the Commission should offer options for what could be accomplished in lieu of implementing a crossing guard. This Commission is an advisory body to the City Council and he believed the Commission's recommendation should be a professional recommendation rather than moving forward on an emotional basis. It is important, it is significant and the City needs to be concerned about accidents but it is the responsibility of the City to look at why the June 14, 2007 PAGE 7 T&T COMMISSION City Council and he believed the Commission's recommendation should be a professional recommendation rather than moving forward on an emotional basis. It is important, it is significant and the City needs to be concerned about accidents but it is the responsibility of the City to look at why the accidents happened and whether what the City offers as a solution will prevent accidents from happening or induce other factors that tend to increase the possibility of accidents. The Commission's approach should be more scientific than emotional and the ultimate decision should be left to the City Council. C/Shah said he concurred with C/Lin that when the City meets with the residents it should have a plan to convey. C/Shah seconded C/Lin's motion with the addition that staff should revisit the protected/permissive phase one year from installation. C/Lin restated his motion to accept the findings of the crossing guard warrant study that concluded a crossing guard is not warranted at Diamond Bar Boulevard and Mountain Laurel Way; request staff to continue exploring alternative traffic control devices that would reinforce the public safety at the intersection; recommend that staff revisit the potential of eliminating the permissive phase of the turning movement one year from installation; and request staff to meet with concerned residents and report to the Commission at its July 12th meeting. C/Shah seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Shah, VC/Mok, Chair/Shay NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Pincher VII. STATUS O PREVIOUS ACTIO ITEMS PWD/L' stated that at the last Commissi n meeting C/Pincher' dicated that she live at the bottom of a hill an as had to c an up debr/dL s clippings. She wa ted to know what the Ci could do to ucate the reding up the hill fro her and others. As a r suit, the City' EnvironmentalCoordinator is d eloping a brochure to ucate the re dents and landsactors on ho to handle landscapin debris. The ochure should be gust and w' be available to resid is at City Hall. Additionally, the cool author a rticle for the monthly ewsletter. PWD/Liu stated ty(at at the request of 94Lin the five-year citatipfi history for Diamond Bar Boulevard Xhd Mountain Laurel ay was included in t fight's presentation. PWD/Liu re erred the Commissi to four emails from $gt. Chris Blasnek regard communiq6tion between the S eriff's Department apd Diamond Bar schools. , VIII. ITEMS(FROM COMMISSIONERS Ohah thanked SAA/ ilario for following up4ith his previously mentio9eki Diamond de concern. He al o commended staff n a well-written article abq6t slurry seal. Agenda No. 6.2(a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 12, 2007 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 7:03 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 and Vice Chairman Tony Torng. Chairman Steve Nelson was excused. Also present: Nancy Fong, Community Development; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate; David Alvarez, Planning Technician; Brad Wohlenberg, Assistant City Attorney; and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Submitted 4. CONSENT CALENDAR: VC/Torng said his comments under No. 8 were too brief and did not reflect Chair/Nelson's concurrence; and, he wanted his comments about the "typo" in staffs report on Agenda Item 7.1 regarding the number of homes to be 151 instead of 150 to be reflected in the minutes. He said he hoped it would not happen again that his comments were left out of the minutes. C/Lee moved, C/Wei seconded to approve the Consent Calendar as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT COMMISSIONERS: 5. OLD BUSINESS: None Lee, Wei, VC/Torng None Nolan Chair/Nelson JUNE 12, 2007 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: 6.1 CAPITAL IMPROVEMENT PROGRAM FOR CONFORMITY WITH THE GENERAL PLAN FOR FISCAL YEAR 2007108. DSA/Smith presented staffs report and recommended Planning Commission adoption of a Resolution finding the proposed 2007-2008 fiscal improvement program in conformance with the City's General Plan. C/Lee wanted to make sure the closed circuit system was CCTV and not red light cameras. CDD/Fong responded that they were not red light cameras and that this allocation was to synchronize the signals. C/Lee said there would be six cameras and an individual to monitorthe system and he wanted to know if there was an allocation for the project. CDD/Fong said she believed there was a grant from Los Angeles County and the City had an office set aside to house the equipment with an individual monitoring the system. VC/Torng asked for public comment. There were no comments offered. VC/Torng asked for Planning Commission discussion. C/Nolan moved, C/Lee seconded to adopt a Resolution finding the proposed 2007-2008 Fiscal Year Capital Improvement Program in conformance with the City's General Plan recommending approval to City Council. AYES: COMMISSIONERS: Nolan Lee, Wei, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson 7. PUBLIC HEARINGS: 7.1 DEVELOPMENT REVIEW NO. 2007-16 — In accordance with Code Section 22.48, the applicant requested to construct a one-story addition of approximately 1,430 square feet to an existing one-story single-family residence of approximately 2,086 square feet with a three -car garage. The request also included two retaining walls with an exposed height of six feet each to be located in the rear yard. JUNE 12, 2007 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 24246 Delta Drive Diamond Bar, CA 91765 Steve T. Kou 24246 Delta Drive Diamond Bar, CA 91765 Larry Casarez 1433 Deerfoot Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2007-16, Findings of Fact, and conditions of approval as listed within the resolution. C/Wei said one of the documents was date stamped 2007 May 32"d VC/Torng opened the public hearing. Steve Kou, owner, explained he wanted a room addition to accommodate his growing family and provide them with a safe environment. C/Nolan disclosed she drove by the project, did not speak with anyone and did not learn any information that was not included in staff's report. VC/Torng closed the public hearing. C/Lee moved, C/Nolan seconded, to approve Development Review No. 2007-16, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: Lee, Nolan Wei, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson 7.2 DEVELOPMENT REVIEW NO. 2007-14— In accordance with Development Code Section 22.48, the applicant requested to construct a 1,923 square foot addition to an existing 1,728 square foot single family residence on an existing 5,998 lot zoned R -A-6000 with a consistent underlying General Plan Land Use designation of Low -Medium Density Residential (RM). JUNE 12, 2007 PAGE 4 PLANNING COMMISSION CDDIFong recommended the Planning Commission continue Development Review No. 2007-14 to the June 26, 2007, meeting because the Planning Department needed to properly re -advertise the item. VC/Torng asked what he should do at this point because there were a lot of speakers. CDD/Fong asked if speakers could attend the June 26, 2007, Planning Commission meeting. A speaker said he was advised that this would be held over for the next meeting and because of that he sent home the majority of the people who were going to speak in opposition to the project and said he felt it would be a very busy June 26 meeting. VC/Torng asked CDD/Fong if the speaker's comments should be put on the record. ACANVohlberg said that generally, what the Commission has done in the past is if somebody is here and believes he will be unable to attend the next meeting the public hearing is opened in order to have speakers put their testimony on the record and continue the hearing to the designated date. VC/Torng said for the speaker to limit his comments to five minutes. The speaker said he was not prepared to speak at this time and would prefer to wait until the 26th when the rest of the speakers would be present to speak. VC/Torng said he appreciate it, apologized for the delay and asked the speaker to please come back and thanked all of the residents for their understanding and asked the Commission to move to the next item. CDD/Fong reminded VC/Torng that the Commission would have to motion continuance to the next meeting. CNVei moved, C/Lee to continue Development Review No. 2007-14 to June 26, 2007. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: CNVei, Lee, Nolan, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson JUNE 12, 2007 PAGE 5 PLANNING COMMISSION 7.3 DEVELOPMENT REVIEW NO. 2007-05, MINOR CONDITIONAL USE PERMIT NO. 2007-01, AND VARIANCE 2007-09 — In accordance with Sections 22.48, 22.54, and 22.56 the applicant requested to construct a 5,382 livable square foot and a 528 square foot detached garage addition to an existing 2,823 square foot single family residence on an existing 89,472 square foot lot zone R140,000 with a consistent underlying General Plan Land Use designation of Rural Residential (RR); Minor Conditional Use Permit for the continuation of a legal non -conforming front yard setback, and a Variance for encroaching into the front yard setback. PROJECT ADDRES: PROPETY OWNERS: 2026 Rusty Spur Road Diamond Bar, CA 91765 Vishal and Puja Kaushal 2026 Rusty Spur Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda Architecture 615 N. Benson Avenue, Suite C Upland, CA 91786 PT/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2007-05, Minor Conditional Use Permit No. 2007-01, and Variance 2007-09, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng asked for ex -parte disclosures. C/Nolan said she visited the site, did not speak with anyone and did not learn any new information. VC/Torng opened the public hearing and invited the owner or representative of the owner. Vishal Kaushal, property owner, said he was trying to get the house in par with the rest of the houses in "The Country Estates" which he felt would improve the property value and the neighborhood. He asked for Commission approval. VC/Torng closed the public hearing. JUNE 12, 2007 PAGE 6 PLANNING COMMISSION Q 9. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2007-05, Minor Conditional Use Permit No. 2007-01 and Variance 2007-09, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Nolan, Lee, Wei, VC/Torng None Chair/Nelson PLANNING COMMISSIONER COMM ENTSIINFORMATIONAL ITEMS: VC/Torng said it was fun chairing the Commission this evening. He thanked staff for very good reports. He said a resident called to complain about the street cleaner not using water to clean the street. CDD/Fong asked VC/Torng to email him the information and she would forward it to the Public Works Division. He asked for an update on the AERA project. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearinq dates for future projects. CDD/Fong reported that the information given to the Commission regarding the AERA project was for informational purposes only. At this time the City has only contracted for preparation of an Environmental Report, which is not yet completed and may not be ready for public review for several months. The City held a scoping meeting on May 16 that was well attended by over 200 individuals from Diamond Bar and surrounding communities. All comments received during the scoping meeting will be forwarded to the consultant for inclusion in the EIR. This matter is in its very early stage of the review process. CDD/Fong stated that the Planning Commission is invited to attend Kaiser's groundbreaking on June 19 at 3:30 at the site on Copley and Bridgegate. Commissioners planning to attend are asked to send CDD/Fong an email so that she can advise Kaiser the number of attendees. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JUNE 12, 2007 PAGE 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Torng adjourned the regular meeting at 7:42 p.m. Attest: Respectfully Submitted, �M t Nancy Fong, T o- mg, Vice C airman nity Development Director VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: PHONE 1g6vi051 (aW •- U "3 S 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 FN I �0, TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ��•� CITY CLERK DATE: CJ k 'A 9`35PHONE: (r�O"Z 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 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 D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK '(I6i,�� DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 1 -,14 . 1'. t I CITY CLERK /l s e YeX 1-0 u.a DATE: 8 /7 7 z-33s� via � �, T 1 A PHONE: AGENDA #/SUBJECT: TV)"k ,1� 11 C Z, V� C,� .,,J 6 r, �k.* I-V -,c.:, �� k,Q