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HomeMy WebLinkAbout02/19/2008C,Ity Council Agend,7 Tuesday, February 19, 2008 5:45 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Jack Tanaka Mayor Pro Tem Ron Everett Council Member Wen Chang Council Member Carol Herrera Council Member Steve Tye City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain front smoking, eating or drinking in the Council Chambers. The City QI'Diamond Bar uses recycled paper and encourages you to do the same. 1 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 February 19, 2008 Next Resolution No. 2008-6 Next Ordinance No. 03 (2008) STUDY SESSION: 5:45 p.m. Room CC -8 101 Status Report on Development of Site D (Diamond Bar Blvd./Brea Canyon Rd). Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor Bob Stebe, Northminister Presbyterian Church Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificate Plaque to Assistant Fire Chief John Nieto upon his retirement from the Los Angeles County Fire Department. NEW BUSINESS OF THE MONTH: 1.2 Presentation of Certificate Plaque to Elias Bitar, owner of Taza Fresh, 1220 S. Diamond Bar Blvd., #C, as New Business of the Month, February, 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: February 19, 2008 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 give it to the City Clerk (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Site D Scoping Meeting (Diamond Bar Blvd. /Brea Canyon Rd.) - February 21, 2008 — 6:30 p.m., AQMD/Government Center Room CC -6, 21865 Copley Dr. 5.2 Household Hazardous Waste and E -Waste Roundup — Saturday, February 23, 2008 — 9:00 a.m. to 3:00 p.m., - Gateway Corporate Center 1300 Block of Bridge Gate Dr. 5.3 Planning Commission Meeting — February 26, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 Parks and Recreation Commission Meeting — February 28, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.5 City Council Meeting — March 4, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of February 5, 2008 — Approve as submitted. (b) Regular Meeting of February 5, 2008 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Regular Meeting of November 13, 2007 - Receive and file. (b) Regular Meeting of November 27, 2007 — Receive and file. (c) Regular Meeting of January 8, 2008 — Receive and file. February 19, 2008 PAGE 3 6.3 Ratification of Check Register — Ratification of Check Register dated January 31, 2008 — February 13, 2008 totaling $612,001.12. Requested by: Finance Department 6.4 Landscape Assessment Districts: (a) Adopt Resolution No. 2008 -XX: Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Landscaping Assessment District No. 38 and any Assessment thereon for Fiscal Year 2008-09. Recommended Action: Adopt. b) Adopt Resolution No. 2008 -XX: Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Landscaping Assessment District No. 39 and any Assessment thereon for Fiscal Year 2008-09. Recommended Action: Adopt. (c) Adopt Resolution No. 2008 -XX: Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Landscaping Assessment District No. 41 and any Assessment thereon for Fiscal Year 2008-09. Recommended Action: Adopt. Requested by: Public Works Department 6.5 Second Reading of Ordinance No. 01(2008): An Ordinance Establishing Video Franchise Fees, PEG Fees, Penalties and Other Related Matters for State Video Franchise Agreements and Amending the Diamond Bar Municipal Code. Recommended Action: Approve Second Reading by Title Only; Waive Full Reading and Adopt Ordinance No. 01 (2008). Requested by: City Manager 6.6 Appropriate $475 Each from Landscape Maintenance District Fund Numbers 39 and 41 and Approve Contract Amendment with GFB- Friedrich & Associates, Inc. for Assessment Engineering Services for Landscaping Assessment Districts 38, 39 and 41 for a Period of One (1) Year, for a Total Contract Amount of $12,950. Recommended Action: Appropriate and Approve February 19, 2008 PAGE 4 Requested by: Public Works Department 6.7 Adopt Resolution No. 2008 -XX: Rescinding Resolution No. 94-56 and Installing 180 ft. of Red Curb along Diamond Bar Blvd. South of Curb Return at Crooked Creek Dr. and Permitting Restricted Parking Hours along Southbound Diamond Bar Blvd. Between 40' South of Curb Return at Cherrydale Dr. to the Northerly Driveway of Evangelical Free Church of Diamond Bar. Recommended Action: Adopt. Requested by: Public Works Department 6.8 Adopt Resolution No. 2008 -XX: Amending the FY07-08 Municipal Budget. Recommended Action: Adopt. Requested by: Finance Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 City Council Appointment of 2008 Parks and Recreation, Planning and Traffic and Transportation Commissioners: 8.1.1 Planning Commission 8.1.2 Parks and Recreation Commission 8.1.3 Traffic and Transportation Commission Requested by: City Council 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda # Study Session Meeting Date: February 19 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mai r ,j TITLE: Status Update on Development o a Specific Development Plan and related environmental documents for the property known as Site D (Brea Canyon Road & Diamond Bar Blvd.) RECOMMENDATION: It is recommended that the City Council receive a presentation from TRG Land regarding the development of a Specific Plan and related environmental documents for property owned by the Walnut Unified School District (WVUSD) commonly known as Site D. FINANCIAL IMPACT: In June 2007, the City Council approved a reimbursement agreement with WVUSD which specifies that the City will be reimbursed the cost to create the Specific Development Plan (Specific Plan) for Site D plus 5% to account for lost interest income. The estimated cost to create the Specific Plan is approximately $280,909. Therefore, the School District, at the time the property sells, would reimburse the City $294,954.45. BACKGROUND: Walnut Valley Unified School District owns an undeveloped parcel of real property within the territorial limits of the City ("School Property') which has been found to be unnecessary for future school use and has been declared surplus property. The City owns an approximate .93 acre undeveloped parcel of real property immediately adjacent to the School Property ("City Property") which was purchased for economic development purposes and other public uses. The School District desires the disposition of the School Property to yield the maximum return to the District for the benefit of its constituents and its educational mission. The City desires that the School Property and City Property (collectively referred to hereinafter as "Site D") be developed in a manner as to assure compatibility with and to meet the needs of the surrounding area, and to provide a desirable level of sales tax revenues to the City. The School District and the City have agreed to cooperate and collaborate in the planning of the future land use and zoning designations for Site D in order that School District and City may each advance its respective objectives for the disposition of the property. DISCUSSION: In order to dispose of the property in a manner that is in the best interest of the City and the School District, it is appropriate to create a Specific Plan and secure the necessary entitlements for the property prior to the sale of the property to a developer. The Specific Plan shall be created to include a mixture of residential and commercial uses such no less than 50% of the usable acreage shall be for commercial use, and 50% shall be for residential use. In order to expedite the sale and ultimate development of the property, the City engaged the services of TRG Land to prepare the Specific Plan. TRG Land, Inc. is familiar with the subject property and has a long history of working with the School District on this and other School District properties. As part of the environmental process, the City will be conducting a noticed, public "scoping session" to gather input from the public and identify areas and issues of concern. The scoping session will be held on February 21, 2008. This study session is an opportunity for TRG Land to provide the Council with an overview of the proposed Specific Plan, provide background information on the technical reports of the Environmental Impact Reports, and answer any questions from the Council in advance of the scoping session. PREPARED BY: Assistant'M Manager C®eraonaenii�e �t�uctvre Diagvan n p uo Site 9'D' Community Structure Diagram d .... q 2,08 Site Site "D"\ ,gym o 120 KG laud • p. Pott Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 5, 2008 STUDY SESSION: M/Tanaka called the Study Session to order at 6:00 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, M/Tanaka. Staff PrE:sent: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Ryan McLean, Asst. to City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Planning Manager; Linda Magnuson, Finance Director; Kimberly Molina, Associate Engineer; and Tommye Cribbins, City Clerk. Also present were Mr. Bill Harford, Executive Director of the Inland Valley Humane Society along with Jim Edward. 00, INLAND VALLEY HUMANE SOCIETY REHABILITATION PROJECT CM/DeStefano made a brief presentation on the Inland Valley Humane Society's proposed assessment and then introduced Mr. Bill Harford, Executive Director of the Inland Valley Humane Society. Bill Harford, Executive Director explained the proposed assessment and outlined the proposal for the renovation of the 1950's local animal shelter. He stated that there was no truth to the rumor that D.B. would have an additional $75,000 annual assessment. IVHS plans to raise an additional $1 million above and beyond the $750,000 that the contract cities are being asked to contribute. There is a major marketing campaign underway to re -brand the facility. The Society wants to be known as the professional care and animal control facility that helps animals each and every day, not as the dog catchers. Mr. Harford responding to C/Herrera stated that in addition to the renovation, the last phase will be a 1700 sq. ft. complete new pet receiving and animal adoption area. He further stated that there are several donors who have indicated their willingness to support a second story expansion for an administration and behavior area. MPT/Everett asked about the ratio of assessment to usage of service. Mr. Harford explained that the assessment was about $3,000 more than what in past years has been the percentage of service used in D.B. PUBLIC COMMENTS: Mrs. Wanda Tanaka stated that her family has adopted animals from the shelter. M FEBRUARY 5, 2008 ADJOURNMENT: Study Session at 6:10 p.m. PAGE 2 CC STUDY SESSION With no further business to discuss, M/Tanaka adjourned the TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of JACK TANAKA, Mayor 2008. MINUTES OF THE CITY COUNCIL Agenda No. 6.1(b) REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 5, 2008 CLOSED SESSION: None mrft uxAFT STUDY SESSION: ► Inland Valley Humane Society Rehabilitation Project Public Comments: None Offered Study Session adjourned to the regular meeting at 6:10 p.m. CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Tem Tanaka and Mayor Tye. Council Member Chang led the Pledge of Allegiance. Lee Bendell gave the invocation. Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Fred Gubman, Planning Manager; Ken Desforges, IS Director; Ryan McLean, Asst. to City Manager; Rick Yee, Sr. Engineer; Kimberly Molina, Asst. Engineer; Patrick Gallegos, Management Analyst; Cecilia Arellano, Public Information Coordinator; Lauren Hidalgo, Public Information Specialist; and Tommye Cribbins, City Clerk, APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 ACM/Doyle introduced new City Employee Cecilia Arellano, Public Information Coordinator; PWD/Liu introduced new City Employee Patrick Gallegos, Management Analyst. 1,2 M/Tanaka presented Certificates of Recognition to Lorbeer Middle School students for participating in the Diamond Bar Friends of the Library Third Annual Read Together Challenge. Marny Shay, Chairman of the event, presented Lorbeer Middle School with the Plaque being the winners of the Event. She stated that in addition to Lorbeer, both South Pointe Middle School and Chaparral Middle School also participated. FEBRUARY 5, 2008 PAGE 2 CITY COUNCIL NEW BUSINESS OF THE MONTH: 1.3 M/Tanaka presented a City Tile to Orien J, Pagan, owner of Orien J. Pagen, EA Tax and Financial, 23555 Golden Springs Drive, Suite A2, as Business of the Month for February 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano stated that while up in Sacramento last month he met with Assemblyman Huff's staff regarding Group Homes and that Assemblyman Huff recently introduced AB1875 intended to offer oversight and control regarding placement of group homes. 3. PUBLIC COMMENTS: Carolyn Anderson, representative with Waste Management, reminded residents about the bulky item collection program, used oil recycling pickup and free replacement of damaged carts. Irene Wang, D,B. Community Library Manager, introduced Joshua Murray, newly hired Reference and Teen Services Librarian, Joshua Murray then went on to announce the formation of a Teen Advisory Board and invited residents to participate in his Fung Sui workshop. Natalia Porche, 2904 Crooked Creek, spoke regarding the "pillow" the City placed at the intersection near her home as a result of the City's Traffic Management Plan mitigation implementations in her neighborhood. Her neighborhood has been subjected to unacceptable levels of noise compounded by the early morning delivery traffic to H Mart. She said she was not opposed to H Mart and asked the City to consider removing the "pillow" and installing a sound wall. Dave Grundy spoke about resident, Jeff Hull and his 22 years of service to the community and especially AYSO. Mr. Grundy announced that a celebration of Jeff's life will be held tomorrow, February 6 at 11:00 a.m. at the Diamond Bar Center. He requested that tonight's meeting be adjourned in honor and remembrance of Jeff Hull. Marina Ramirez -Lopez invited everyone to join in the 15th Annual AYSO Cottontail Country Classic Tournament. She thanked M/Tanaka and C/Tye for their support and said that Jeff Hull never missed a tournament. Sherman Griffone, D.B. Friends of the Library, announced that the Inland Valley Regional Spelling Bee would be held on March 1 at the D.B. H.S. Theater beginning al. 1:00 p.m. He thanked the City, CM/DeStefano and the City Council for supporting the event. FEBRUARY 5, 2008 PAGE 3 CITY COUNCIL Don Sutton, 1107 North Moonlight Summit Dr., said his sidewalk remains torn up due to installation of cable. There is a large hole covered with plywood. Water is getting into the opening and causing problems. He further stated that he feels that it is a safety hazard. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to Ms. Porche's comments stated that with respect to the "pillow" on Crooked Creek, PWD/Liu and his staff are speaking with Ms. Porche and that staff will look into the large trucks entering the shopping center. CM/DeStefano indicated that staff will also follow up on the sidewalk issue. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Community Trails Meeting — February 12, 2008 — 6:00 p.m., Diamond Bar Center Pine Room, 1600 S. Grand Avenue. 5.2 Planning Commission Meeting — February 12, 2008 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 State Route 60/1-emon Avenue Interchange Project Public Information Meeting — February 13, 2008 — 6:30 p.m. to 8:30 p.m., Room CC -6, SCAQMD/Government Center, 21865 Copley Drive. 5.4 Traffic and Transportation Commission Meeting — February 14, 2008 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.5 Presidents Holiday — February 18, 2008 — City Offices closed in observance of Presidents' Holiday. City offices reopen Tuesday, February 19, 2008 at 7:30 a.m. 5.6 City Council Meeting — February 19, 2008 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.7 Site D Scoping Meeting — February 21, 2008 — 6:30 p.m., SCAQMD/Government Center Room CC -6, 21865 Copley Drive. 5.8 Household Hazardous Waste and E -Waste Roundup — Saturday, February 23, 2008 — 9:00 a.m. to 3:00 p.m. — Gateway Corporate Center, 1300 Block of Bridge Gate Drive. FEBRUARY 5, 2008 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: C/Herrera moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1 .1 Study Session Minutes of January 15, 2008 — as submitted. 6.1.2 Special Meeting Minutes of January 22, 2008 — as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of November 15, 2007. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — November 8, 2007. 6.4 RATIFIED CHECK REGISTER dated January 9, 2008 through January 30, 2008 totaling $1,900,370.25. 6.5 APPROVED TREASURER'S STATEMENT — month of December 2007. 6.6 APPROVED REDUCTION OF 50% OF SURETY BOND NO. 5M5040784/6314003 POSTED BY BROOKFIELD DIAMOND BAR VILLAGE LLC FOR TRACT 62482 (VANTAGE TOWNHOMES) TO COMPLETE STREET IMPROVEMENTS. 6.7 ADOPTED RESOLUTION NO. 2008-04: APPROVING THE APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM UNDER SECOND 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE DIAMOND BAR URBAN REFORESTATION PROJECT ALONG STATE ROUTE 57/60 FREEWAY CORRIDOR. 6.8 APPROVED CONTRACT AMENDMENT WITH INLAND VALLEY HUMANE SOCIETY/SPCA IN THE AMOUNT OF $15,000 PER YEAR FOR FIVE YEARS (A TOTAL OF $75,000) TO FUND EXTENSIVE ANIMAL SHELTER RENOVATION AND EXPANSION. (Continued from January 15, 2008) 6.9 ADOPTED RESOLUTION NO. 2008-05: APPROVING THE APPLICATION FOR $113,083 OF LAND AND WATER CONSERVATION GRANT FUNDS, WHICH IF AWARDED, REQUIRES A $113,083 MATCH FROM THE CITY FOR THE SUMMITRIDGE PARK TRAILHEAD PROJECT BELOW THE LOWER PARKING LOT OF THE DIAMOND BAR CENTER LEADING TO THE SUMMITRIDGE PARK SOUTHERN TRAIL. FEBRUARY 5, 2008 PAGE 5 CITY COUNCIL 6.10 AWARDED CONTRACT TO FS CONSTRUCTION FOR CONSTRUCTION OF BATTING CAGES AT PETERSON AND PANTERA PARKS IN THE AMOUNT OF $150,710.50, PLUS A CONTINGENCY OF $15,100 (10%) FOR A TOTAL AUTHORIZATION OF $165,810.50; AND APPROPRIATION OF $49,160.50 FROM THE PARK DEVELOPMENT FUND TO FULLY FUND THE PROJECT. 6.11 TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2007. 6.12 APPROVED CONTRACT AMENDMENT NO. 1 WITH MUNICIPAL SOFTWARE CORP. (MSC) RESULTING IN A REDUCTION OF $31,500; APPROVED CONTRACT AMENDMENT NO. 1 WITH GO LIVE TECHNOLOGY, INC. RESULTING IN AN INCREASE OF $31,500 TO CONTINUE THE "ON-LINE" DEVELOPMENT SERVICES PERMITTING SYSTEMS' IMPLEMENTATION; AND, AUTHORIZED THE CITY MANAGER TO SIGN BOTH CONTRACT AMENDMENTS. 7. CONTINUED PUBLIC HEARINGS: i'.1 APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 2007-09, DEVELOPMENT REVIEW 2007-22 AND VARIANCE 2007-05: REQUEST TO INSTALL AND OPERATE A TELECOMMUNICATIONS FACILITY AT RONALD REAGAN PARK, 2201 PEACEFUL HILLS ROAD — APN: 8765-015-900 - (Continued from November 20, 2007. M/Tanaka opened the Public Hearing. There was no one present who wished to speak on this matter. C/Tye moved, C/Chang seconded, to continue the matter to April 1, 2008. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 FIRST READING OF ORDINANCE NO. 01(2008): AN ORDINANCE ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. FEBRUARY 5, 2008 PAGE 6 CITY COUNCIL Asst-CM/McLean reported that new provisions of AB 2987 require cities to adjust the franchises to State law requirements to continue collecting fees. He recommended approval of First Reading C/Chang moved, C/Herrera seconded, to approve for First Reading by title only and waive full reading of Ordinance No. 01(2008). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 APPROVAL OF CONTRACT AMENDMENT TO THE WILDLIFE CORRIDOR COSERVATION AUTHORITY (WCCA) JOINT EXERCISE OF POWERS AGREEMENT TO INCREASE THE ANNUAL MONETARY CONTRIBUTION OF PARTIES FROM $500 TO $2,000. (Continued from January 15, 2008). In response to concerns voiced by C/Herrera during the January 15, 2008 meeting, CM/DeStefano reported that while WCCA has the ability to utilize Eminent Domain, cities have a right to participate with decision making in the process. The territory of jurisdiction of influence is fundamentally the entire Whittier/Puente Hills. With respect to the City's participation, staff believes it is appropriate for the City to remain a member of the organization. More details are available in staff's report. Staff recommends that the Council further consider the matter. C/Herrera thanked staff. She stated that during the past 12 years of membership she has not seen any benefit to the City's membership. She believed that D.B. had no voice and no ability to sway WCCA's decisions. She felt D.B. was very capable of taking care of its local control and said she resented an outside agency mandating what should happen in D.B. She was therefore opposed to the City continuing with its membership. MPT/Everett said that with respect to C/Herrera's service it was clear to him that D.B. was not able to influence WCCA. He asked if WCCA has regular board meetings and if minutes are available. M/Tanaka said that during the past year he has served on the WCCA Board and that he has Minutes. He stated that meetings are somewhat irregular and he would be happy to share the minutes with the City Council members. He felt it was important to continue to have an opportunity to identify the City's positions to the WCCA Board. MPT/Everett asked if there was a quantification of assets for the organization. FEBRUARY 5, 2008 PAGE 7 CITY COUNCIL M/Tanaka said he understood the organization was very lean and that their monies basically came from membership dues from the various cities. C/Herrera stated that the parent organization for WCCA is the Santa Monica Mountains Conservancy run by Joe Edmiston. Also, MRCA is an arm of the Santa Monica Mountains Conservancy. MRCA is able to acquire money and spends money to staff WCCA meetings and employees. Probably the only money that WCCA itself collects is $2,000 per year in order to staff the meetings and produce minutes and other documents. $500 per month does not cover all of the expenses. However, as she previously stated, she sees no value to D.B. in continuing its membership. C/Herrera said that in her estimation, a significant increase from $500 to $2000 deserves a second look and upon reflection, she does not believe membership is valuable to the City. Lydia Plunk said she remembered working for incorporation drives for the City. The reason the City became a City was to gain jurisdiction over local decisions. During 13 -years of membership in WCCA there has been no return on the investment and it would most likely be best to discontinue the City's membership. She asked the City Council to carefully consider WCCA to be an unwise investment. Don Sutton said he disagreed with the previous speaker and C/Herrera because in his opinion, WCCA shows residents what is going on with the wildlife corridor. C/Herrera said that several cities opted not to join WCCA and there may be good reasons why cities such as Whittier, Yorba Linda and Chino Hills opted not to belong. She has discussed this matter with members of those cities who indicated to her they felt it was more detrimental to be a member of WCCA. C/Chang felt the Council had to make its decision on whetherthe City would be affected. If WCCA affects D.B. the City should stay in the loop to have its voice heard in order to make informed decisions. C/Tye respectfully disagreed with C/Chang and felt that Mrs. Plunk had it right. What has the City received in return for its membership? The increase has not been justified. If D.B. did not belong and D.B. was considering joining WCCA, would it find a benefit to the citizens of D.B. He felt the answer was clearly "No." If the minutes are available they would be available whether or not the City was a member. Clearly, this organization has been disdainful of D.B. and any input it offers. He would not be in favor of continuing membership at all. MPT/Everett said he was wrestling with the fact that there had been a 13 - year relationship with WCCA. He has heard from staff that there is benefit to FEBRUARY 5, 2008 PAGE 8 CITY COUNCIL remaining a member and the minutes and tapes are available but it is more beneficial to participate and have a fresh perspective. There could be potential value in participating in light of the projects facing the City. C/Chang said that $500 versus a land use impact could provide a significant negative impact to the City and the City should remain inside of this organization. C/Chang moved, MPT/Everett seconded, to approve contract amendment to the Wildlife Corridor Conservation Authority (WCCA) Joint Exercise of Powers Agreement to increase the annual monetary contribution of parties. Motion approved by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: Herrera, Tye ABSENT: COUNCIL MEMBERS: None 8.3 ADOPT ORDINANCE NO. 02(2008): AN INTERIM URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENTS OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICT. CM/DeStefano stated that staff is recommending that Council adopt an interim ordinance in order to place a 45 day moratorium on the issuance of permits for establishments of amusements, entertainment or other congregational uses in the City. The current Development Code allows for those types of uses within commercial and office zones subject to compatibility with the regulations contained in the Code and in some instances a conditional use permit approved by the City's Planning Commission. Due to the City receiving complaints over the years regarding various types of uses such as this, staff wishes to take a more detailed look at the primary and secondary effect of these types of uses and to do so in contemplation of additional regulations regarding these types of uses. Since this process will take time, staff is recommending pursuant to the Government Code, a moratorium be put into place. The interim ordinance would be in effective from the date of adoption. Further, pursuant to the Government Code, Council may adopt 2 extensions of the moratorium after providing notice and holding a public hearing. The two extensions would consist of one for 10 % months and a final extension for an additional year for a maximum time of 2 years. CM/DeStefano stated that staff will come back with a report on the progress and a recommendation later in the process. FEBRUARY 5, 2008 PAGE 9 CITY COUNCIL C/Tye moved, C/Herrera seconded to Adopt Ordinance No. 02 (2008). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye spoke about participating in the Neighborhood Watch meeting in The Country Estates. He encouraged anyone seeking information about the program to contact Deputy St. Amant. On Saturday, January 19 he and his colleagues attended the wonderful Snow Fest thanks to CSD/Rose and his crew. He felt Claude Bradley and Anthony Jordan deserved special thanks for the terrific job. On January27 he participated with Congressman Miller, M/Tanaka and MPT/Everett at India Republic Day at the Diamond Bar Center, a wonderful opportunity to celebrate the diversity of D.B. Kudos to D.B. and Ace Hardware for being highlighted for the successful battery and fluorescent light collection program and, kudos to Waste Management for sponsoring the bulky item and Christmas tree pickup program. He pointed out that Diamond Bar High School and Diamond Ranch High School were named among America's best high schools by U.S. News and World Report with both receiving silver medal titles. In addition, Quail Summit Elementary School was named a Blue Ribbon school. He hoped residents would join the community in celebrating the legacy of Jeff Hull tomorrow at the Diamond Bar Center. Saturday, February 9 the Council of African-American Parents will celebrate its 16th Annual Day Fair. On Wednesday, February 13 please attend the public information meeting regarding SR/60 and Lemon Avenue. Sadly it was one year ago that the City lost Bob Zirbes. Proudly, a commemorative bench sponsored by the Walnut Valley Rotary Club has been placed in Bob's honor at the top of Sycamore Canyon Park on Diamond Bar Blvd. It is also exciting that ACR82 will designate a portion of SR57 in memory of Bob Zirbes that will be known as "Mayor Bob Zirbes Memorial Highway". C/Chang stated that several outstanding companies located in D.B. have been nominated by Los Angeles Business Journal including Shay Home Builder, Brian A. Stirrit & Assoc., Security Union Title, Prelude Systems, Staff Ease and the D.B. Golf Course. He wished everyone a happy and healthy Lunar New Year during the Year of the Rat. C/Herrera thanked Carolyn Anderson for attending tonight's meeting and stating that Waste Management would replace damaged receptacles. She asked if residents could be advised of this service in the City's newsletter and on rolling DBTV. On Friday she attended an all -day workshop sponsored by Foothill Transit. Foothill is offering free wireless service. Also discussed was the rising cost of fuel and when there is not a full bus it is not cost-effective to continue providing certain service lines. The City's partnership has been very beneficial to D.B. and FEBRUARY 5, 2008 PAGE 10 CITY COUNCIL individuals need to better utilize the buses or service will be cut back. Yesterday she participated in the Four Corners Transportation Coalition strategic planning meeting regarding certain interchange projects. This is the one year anniversary of the passing of Bob Zirbes. Bob certainly left his mark on D.B. including such things as neighborhood improvement. He is sorely missed. MPT/Everett said that for several months a ring of burglars operated in D.B. He was privileged to see reality played out in a very sad situation. Eighteen were arrested. He suggested that residents need to remain vigilant. One unusual experience was that on Saturday, January 19 after the press conference on January '18 there was a "property claiming" event at the Walnut/D.B. Sheriff's Station. Over 200 people attended to claim their merchandise. D.B. is very fortunate to have two very good School Districts. On January 24 he attended the education summit sponsored by Assembly Huff and State Senator Margett. He and M/Tanaka represented the City at the recent Court of Honor for Andrew Radtke who attained the Eagle Scout rank. He joined his Council Members in recalling the celebration of life for Bob Zirbes one year ago and acknowledged his good work on behalf of the community. On January 22 he shared in the celebration of life for Council Member Stephen Craig Anderson who served the City of LaHabra. He appreciated the comments made by Dave Grundy on the life of Jeff Hull. M/Tanaka thanked Deputy St. Amant for all of his hard work with the Neighborhood Watch program. He, MPT/Everett, C/Herrera and CM/DeStefano attended the Mayor's Council in Sacramento and he and C/Herrera were at the press conference where it was announced that a murder suspect was arrested. The Diamond Bar Friends of the Library held its volunteer appreciation dinner. He thanked staff for organizing the Winter Snow Fest, He hoped everyone enjoyed the Lion's Breakfast Club pizza and participated in the Leo Club sponsored games. He congratulated Mike and Marny Shay for hosting the 13th annual college preparation seminar and award of numerous scholarships. He congratulated Key Club President Kimberly Fan. He attended the Sanitation District 21 seminar, the regional Chamber mixer in Santa Ana; St. Denis Pastor's Leadership Award Dinner and ceremonies for Eagle Scout Andrew Radtke. He and his colleagues attended the Indian American Association of Southern California celebration. He announced that on Saturday, February 9 at Diamond Bar High School The Diamond Bar Chinese American Association would celebrate New Year, the Year of the Rat. He encouraged everyone to attend the SR60/1-emon Ave. meeting. He congratulated Betty Taylor on the event of her retirement from the Los Angeles County Probation Department. He attended the League of California Cities LA County during which an AQMD Board member was selected. He attended a leadership meeting with Leo Club members. He attended the LA County Fair meeting with Chairman Chang to discuss the upcoming Day at the Fair on Thursday, September 11. He stopped in at the Four Corners meeting. Last night he hosted Cub Scouts from Pack 734. He talked with Deputy Wright this afternoon who was involved in a bad traffic accident last December. Deputy Wright continues to recover. He is in good spirits and his attitude is outstanding. He thanked everyone for their good wishes. Sadly, there have been three deaths in the past weeks; Virginia Ortiz, wife of Tom Ortiz; Rose Clark, mother of former Council Member Eileen Ansari and Jeff Hull. FEBRUARY 5, 2008 PAGE 11 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 8:50 p.m. in memory of Virginia Ortiz, Rose Clark and Jeff Hull. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2008. JACK TANAKA, MAYOR Agenda No. 6.2(a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 13, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng and Chairman Steve Nelson. ,Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; David Meyer, Planning Consultant and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of October 23, 2007. VC/Torng moved, C/Nolan seconded to approve the October 23, 2007, Minutes as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None. 6 NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARINGS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson None. None. 7.1 Development Review No. 2007-29 — In accordance with Development Code Section 22.48, the applicant requested approval of plans to construct a two- story addition of 1,151 square feet and to remodel the existing dwelling to NOVEMBER 13, 2007 PAGE 2 PLANNING COMMISSION create a 7 -bedroom, 4 -bathroom, single-family dwelling unit. The subject property is zoned R-1 (8,000) and contains 14,466 gross square feet (.33 acres) of land area. (Continued from October 23, 2007) PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 1510 Kiowa Crest Drive Diamond Bar, CA 91765 Martha and Paul Gonzales 1510 Kiowa Crest Drive Diamond Bar, CA 91765 Roofing Plus Construction 18 N. Central Avenue Upland, CA 91786 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2007-29, Findings of Fact, and conditions of approval as listed within the Resolution. Chair/Nelson re -opened the public hearing. Paul Gonzales, 1510 Kiowa Crest Drive, thanked staff for presenting a thorough report and indicating that it was not his intention to offend anyone with this project. John Hoffner,1504 Kiowa Crest, adjacent and upslope from the project, said he appreciated the property owner's concern about not offending anyone with this project. However, he wished that there had been discussions prior to the plans being submitted to the City because it came as a shock to him. Mr. Gonzales is a good family man and a great neighbor and is faced with a number of challenges at home. Mr. Hoffner said he wanted to support Mr. Gonzales in his effort to keep his family comfortable, safe and intact. He and his wife purchased their home because of the spectacular views and this project is a major impact on the view from their ceremonial rooms. In addition, trees have been planted on Mr. Gonzales' slope, which have not been maintained. Once the addition goes up he and his wife will lose their view from the main part of the house and be looking into the neighbor's bedroom window. He felt there were alternatives that had not been explored in terms of where else to place the second story addition. He asked what area would need to be excavated and was surprised the small landscaped area near the driveway approach would remain intact. He said he also had NOVEMBER 13, 2007 PAGE 3 PLANNING COMMISSION concerns about safety to make sure there would be no vehicle collision with the gas meter and electric meter. He reiterated that over several years erosion has occurred on the westerly slope, which has exposed the foundation wall on his property line. What is the City requiring the applicant to do to assure no further erosion and alleviate erosion that has occurred? What kind of landscaping is required? Currently, there are a number of noxious weeds on the slope. He noticed that the report indicated that staff observed up to six vehicles parked at the site. Often there are seven cars. He was still concerned about a one -car garage being built near the front of the existing garage and how it would impact the home and put more vehicles on the street. There is a board and care home across the street from his residence and a lot of staff come and go. Parking is an issue on their block and he asked the Planning Commission to reconsider placement of the garage addition. He felt any project that came before the Planning Commission should be considered the same as new construction to preserve views. He cited a second -story addition that did not impact views and felt Mr. Gonzales could do the same. Chair/Nelson closed the public hearing. Discussion and clarification ensued. PC/Meyer said staff understood the issue of view impairment. From staff's perspective, the property owner cannot be required to go through a lot of design options absent design regulations prohibiting such designs. Staff tries to encourage the designer to maximize the site constraints and minimize the impact on the neighborhood, which staff believes the designer did in exercising reasonable design alternatives. Staff felt the project offered a minimum impact on the view and neighborhood. Chair/Nelson reopened the public hearing. Mr. Gonzales responded to C/Shah that he considered placing the second story closer to the rear of the house. However, he chose to use the weight bearing walls of the garage to support the second story. The decision had nothing to do with blocking views. CDD/Fong stated that for construction cost efficiency it is better to place the second story above the garage. C/Lee asked if Mr. Gonzales were willing to discuss this addition with his neighbor and Mr. Gonzales responded no. C/Lee commented that the NOVEMBER 13, 2007 PAGE 4 PLANNING COMMISSION neighbor's comment regarding the fact that he had not spoken to the applicant indicated to C/Lee that the neighbor lacked communication skills. Chair/Nelson closed the public hearing. C/Nolan moved, VC/Torng seconded to approve Development Review 2007-29, Findings of Fact, and conditions of approval as listed within the Resolution. C/Lee felt it would be prudent to continue the matter for two weeks to allow the applicant and his neighbor time to discuss the project. Chair/Nelson said that every issue brought up by Mr. Hoffner has been heard and reviewed by the Planning Commission on other project proposals. In those cases the projects were being constructed to the City's development standards and codes and the Commission approved the projects. They met the codes and standards as do this project. If there are flaws, it is not in the logic of this Commission, it may be within the Development Code. PC/Meyer confirmed that as indicated there is nothing the applicant proposes that is outside of the City's Development Code. It is unfortunate that these projects affect neighbors but it is part of the suburban environment. He said he was not prepared to not support the motion for approval and would rather be consistent with what the Commission has done in the past. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8. PULIC HEARINGS: 8.1 Conditional Use Permit No. 2007-02 — In accordance with Development Code Sections 22.42, 22.48, 22.54 and 22.58, the applicant requested approval to establish a wireless communications facility (cell site) at Pantera Park. The purpose of the proposed cell site was to receive and transmit wireless communication data via the Royal Street Communications network. Improvements associated with the proposed cell site include: Replacement of an existing 92 -foot high field light pole sign with a panel antenna array and microwave dish; and construction of an unmanned 240 square -foot, 10.5 foot M NOVEMBER 13, 2007 PAGE 5 a PLANNING COMMISSION tall equipment building to match existing park structures. Approval of a Conditional Use Permit is required to establish a cell site and Development Review approval is required for the architectural design of the proposed improvements. PROJECT ADDRESS: 738 Pantera Drive (Pantera Park) Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar APPLICANT: Royal Street Communications, LLC 2913 EI Camino Real #561 Tustin, CA 92782 PM/Gubman recommended that the Planning Commission continue Conditional Use Permit No. 2007-02 to its November 27, 2007, meeting. C/Lee moved, C/Shah seconded, to continue the Public Hearing for Conditional Use Permit No. 2007-02 to November 27, 2007. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng noticed that the Sprint matter was going to the City Council for consideration and wondered whether he should watch the proceedings from his home rather than attend the meeting. CDD/Fong said she expected residents to appear before the Council. The City Council is the final authority and if the Council denies the appeal there could be the threat of a legal challenge to the City. C/Lee said he concurred with Chair/Nelson's comments during deliberation of Item 7.1. However, all government agencies work for the people and the Commission must consider their concerns. Today he does not feel good because the neighbor has rights and he suffers psychologically because his view was taken away by a neighbor who is supposed to be a best friend. As a public employee we should have extended more time to make it easier for them. That was his comment. Can the Commission do that? CDD/Fong responded that the City was not in a NOVEMBER 13, 2007 PAGE 6 PLANNING COMMISSION position to regulate human behavior. Staff always recommends that applicants talk with their neighbors but staff cannot regulate them to do so under threat of not accepting an application. C/Lee felt it was sad that residents don't communicate. CDD/Fong stated that every property owner has a right to develop his property within the guidelines of the City's requirements, which are broad-based and serve everyone equally. There is no special interest given to any one person or group; the laws and codes are applied universally to every Diamond Bar property owner. 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects. CDD/Fong stated that staff continues to investigate and collect data from other cities regarding the number of bedrooms versus the parking ratio. Staff hopes to bring information to the Planning Commission for its decision as to whether to recommend a Code amendment. CDD/Fong updated the Commission on the Country Hills Towne Center. The center will likely propose a name change; the opening date for H -Mart is November 30. Once H -Mart opens the remaining new tenants will likely open about the same time. Staff is hopeful that the center will be a good usable center for the community once completed. 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 7:59 P.M. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Steve elso6, Chairman Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91'1765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Greg Gubman, Planning Manager; Brad Wohlenberg, Assistant City Attorney; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. 5 6 CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of November 13, 2007. VC/Torng moved, C/Shah seconded to approve the November 13, 2007, Minutes as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OLD BUSINESS: None NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: VC/Tomg, Shah, Lee, Nolan, Chair/Nelson None None 7.1 Conditional Use Permit No. 2007-02 and Development Review No. 2007-02— In accordance with Development Code Sections 22.42, 22.48, 22.54 and 22.58, the applicant requested approval to establish a wireless telecommunications facility (cell site) at Pantera Park. The purpose of the NOVEMBER 27, 2007 PAGE 2 PLANNING COMMISSION proposed cell site is to receive and transmit wireless communication data via the Royal Street Communications network. Improvements associated with the proposed cell site include: replacement of an existing 92 -foot high field light pole sign with a panel antenna array and microwave dish; and construction of an unmanned 240 square -foot, 10.5 foot tall equipment building to match existing park structures. Approval of a Conditional Use Permit is required to establish a cell site and Development Review approval is required for the architectural design of the proposed improvements. PROJECT ADDRESS: 738 Pantera Drive (Pantera Park) Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar APPLICANT: Royal Street Communications, LLC 2913 EI Camino Real #561 Tustin, CA 92782 PM/Gubman presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2007-02 and Development Review No. 2007-02, Findings of Fact, and conditions of approval as listed within the resolution. PM/Gubman responded to C/Shah that the height of the existing and new pole was 92 feet. VC/Torng asked for PM/Gubman to please show him the final attachment because he was unclear about the coverage of LA2257. PM/Gubman displayed a coverage map showing the service provided by the Royal Street Communications network that would be going on line. The green color indicates the strongest signal coverage; the yellow provides coverage inside a vehicle. The combination of green and yellow is the best coverage inside a vehicle and inside a building. Green, yellow and red show the overall outdoor coverage. The orange outlines the proposed Pantera Park cell site with a large white area indicating a gap in service coverage for the Royal Street Network. Another map shows the predicted coverage for the Pantera Park cell site. Within the dark green area (closest to the antenna) is the strongest area of interior reception; the yellow shows reception in a vehicle and the yellow green and red shows coverage in any outdoor location the signal should be able to reach. Renditions show Pantera before the cell site and Pantera after installation of the cell site. VC/Torng said itwas interesting NOVEMBER 27, 2007 PAGE 3 PLANNING COMMISSION that a lot of sites were not covered. PM/Gubman said the hills would create a physical barrier to the signal. Chair/Nelson asked if this project was posted with a sign at the site so that anyone using the park would be aware of this project and PM/Gubman responded, "correct." In fact, the reason this project was continued to tonight was because the sign had not previously been posted a full ten days prior to the public hearing as required. Chair/Nelson opened the public hearing. Davina Felix, 420 McKinley Street, Corona, said she read staff's report and concurred with the conditions of approval. C/Lee said that Pantera Park is a busy park and wondered about the construction timeframe. Ms. Felix responded that a pre -construction meeting will be scheduled once the project is submitted to the Building Department. In addition, the applicant will work with the Parks Department on the timeframe, which would be suitable for the City schedules. C/Lee wondered how the applicant would protect park goers during installation and Ms. Felix indicated that there would be construction fencing surrounding the area. C/Lee said the radius of the fence should be wider although the pole will be forced down. Chair/Nelson said he would assume the City was pretty careful about protecting its liability within parks and that every safety precaution would be taken. PM/Gubman explained that these installations are heavily engineered structures that need to be able to support the height, weight and wind load of the pole and array. Of course the City's Building and Safety Department will review structural design and the project will be required to conform to support requirements. Ms. Felix said the soil tests for the structural calculations have been completed. C/Lee cautioned Ms. Felix to be careful on that because there are a lot of kids that play in the area and can climb the fence so every effort should be made to ensure safety. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit No. 2007-02 and Development Review No. 2007-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: NOVEMBER 27, 2007 PAGE 4 PLANNING COMMISSION AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT COMMISSIONERS: 8. PUBLIC HEARINGS: None Lee, Nolan, Shah, VC/Torng, Chair/Nelson None None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng commented that there have been two different cell site applications with two different results. He said he watched the City Council meeting discussion regarding Ronald Reagan Park and he felt that cell sites should be less intrusive to citizens and no citizens who spoke were interested in having a cell site in Ronald Reagan Park. He suggested that staff look into the map that the City provides to cellular companies and re-evaluate locations. Pantera Park is big and Ronald Reagan is a small intimate park. If the City leaves Ronald Reagan Park on the map cell providers will come back again and choose that site because it is a high point. He really wanted staff to look into the proposed map before submitting it to the applicant and maybe the City could leave off Ronald Reagan Park next time so the City does not have this kind of controversy. He hoped staff could really consider his suggestion. Obviously Pantera Park is big enough and there is an existing structure and maybe the City has to really think about something like that too. C/Shah commended staff on its presentation regarding the proposed Ronald Reagan cell tower. He hosted an Indian New Year Festival at Diamond Bar Center, which was dedicated to Bob Zirbes. Approximately 500 people including Mrs. Zirbes and Council Members attended the festival. Chair/Nelson said he did not disagree with VC/Torng but staff has no context for developing criteria for what might be considered "intrusive." Staff can say a small public park does not work. However, cell sites have been placed in small pocket parks. He believed that the Commission would make its decision based on community perception. VC/Torng said that the City already has experience with Ronald Reagan Park and he did not want this site on the map. He thought the City would fight this off because obviously they are coming back in February again. Even the City Council decided to evaluate the site but it's still not off yet. They are coming back. So in the future if we just don't suggest this site to the companies this same problem won't happen. He agreed with Chair/Nelson but when citizens come before the Planning NOVEMBER 27, 2007 PAGE 5 PLANNING COMMISSION Commission they say "health issues, health issues" and the Planning Commission cannot base its decision on health issues. So in a way the City has to remove it so it does not have to face the same problem again. That was his point. Chair/Nelson said VC/Torng's suggestion had some merit. Residents who came before the Commission about Ronald Reagan Park came to the Commission and stated they had every right and said the City could not deny them their wishes because it is in the City's book. If there is some way to develop minimal criteria or at the very least not let applicants believe all they have to do is show up to a meeting and their application would be approved it would help the Commission because the Commission tends to go with the community. PM/Gubman said that staff learned from that experience and intends to approach the lease agreements at public parks differently. To this point, lease agreements have been submitted to the City Council, and the lease was approved pending a land use approval of the Conditional Use Permit and the potential negative scenario occurred in this case. Through this recent experience staff will review the Conditional Use Permit first and pending that outcome, the City Council can decide whether to sign the lease. Unfortunately, once a lease is signed there is little opportunity left for discretion. C/Nolan said she too wholeheartedly agreed. In the case of tonight's continued public hearing item the lease was already signed. And she voted for the Ronald Reagan application based on the criteria available at the time. She appreciated this matter being reviewed by staff. 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects PM/Gubman reminded Commissioners that they are invited to the H MART grand opening on Friday through Sunday. The Temporary Use Permit was approved today and there is an ambitious program underway for the event. The City is excited about the potential of this new business hand-in-hand with the revitalization of the center. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. NOVEMBER 27, 2007 PAGE 6 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 7:31 p.m. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Steve Nelson, Chairman Agenda No. 6.2(c) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 8, 2008 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 7:01 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, Jack Shah and Vice Chairman Tony Torng. Absent: Chairman Steve Nelson was excused. Also present: Greg Gubman, Planning Manager; Brad Wohlenberg, Assistant City Attorney; Planning Consultant Dave Meyer; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of November 27, 2007. C/Lee moved, C/Shah seconded to approve the November 27, 2007, Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. Lee, Nolan, Shah, VC/Torng None Chair/Nelson JANUARY 8, 2008 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2007-13 and Minor Conditional Use Permit No. 2007-08 — Under the authority of Development Code Sections 22.48 and 22.56, the applicant requested approval to construct a 4,026 livable square foot addition to an existing 4,035 square foot single family residence on an existing 85,983 square foot parcel zoned R1-40,000 with a consistent underlying General Plan land use designation of Rural Residential (RR) and Minor Conditional Use Permit for the continuation of a nonconforming front yard setback. (Continued from November 27, 2007) PROJECT ADDRESS: 22909 Lazy Trail Diamond Bar, CA 91765 PROPERTY OWNER: APPLICANT: Ankur Shah 22909 Lazy Trail City of Diamond Bar Dale Thompson B&D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 PM/Gubman presented staff's report staff is requesting that the Planning Commission continue this matter to the February 12, 2008, meeting. There was no one present who wished to speak on this matter. C/Nolan moved, C/Lee seconded, to continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to February 12, 2008. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson JANUARY 8, 2008 PAGE 3 PLANNING COMMISSION 8. PUBLIC HEARINGS: 8.1 DEVELOPMENT REVIEW NO. 2007-28 — Under the authority of Development Code Section 22.48, the applicant requested approval to construct a 3,692 square foot two-story addition and remodel of the existing dwelling unit. The subject property is zoned RR (R-1 20,000) and contains 25,310 square feet (0.58 acres) of land area. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 2552 Wagon Train Lane Diamond Bar, CA 91765 Mr. and Mrs. Nicholas Hung 2552 Wagon Train Lane Diamond Bar, CA 91765 PC/Meyer presented staff's report and requested Planning Commission approval of Development Review No. 2007-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan said she drove by the site. VC/Torng opened the public hearing. There was no one present who wished to speak on this matter. VC/Torng closed the public hearing. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2007-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Chair/Nelson 8.2 Development Review No. 2006-29, Tree Permit No. 2006-06. Minor Variance No. 2006-04 and Variance No. 2007-07 — Under the authority of Development Code Section 22.48, the applicant request approval to construct a new four-story single family dwelling unit with an attached second dwelling. The subject property is zoned RR (R-1 (40,000) and contains 52,272 square feet (1.2 acres) of land area. JANUARY 8, 2008 PAGE 4 PLANNING COMMISSION PROJECT ADDRESS: 1755 Derringer Lane Diamond Bar, CA 91765 PROPERTY OWNER: Mr. and Mrs. Alex V. Prince 160 S. Hudson Avenue #411 Pasadena, CA 91175 APPLICANT: S&W Development 20272 Carrey Road Walnut, CA 91789 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2006-29, Tree Permit No. 2006-06, Minor Variance No. 2006-04 and Variance No. 2007-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee said he was concerned that the 60 percent reduction from the required setback might set a precedent. PC/Meyer explained that the applicant is saying that the level pad normally required in the rear of the property has been provided and that it has been tucked under the house instead of built out on the slope. Therefore, the applicant felt he met the intent of the requirement for the rear yardarea and with all consideration he would be complying with the standard. It is a unique design solution to provide the recreational amenity. However, it is a judgment call for the Commission based on consideration of whether the design solution is adequate based on the extreme topography and design alternative. Staff felt it was an unusual and unique design solution and certainly worthy of debate. PC/Meyer responded to C/Nolan that the project meets the Hillside Development standards for the most part in terms of retaining walls. From staff's perspective, if the owner were going to comply with the standards it would require importing of a significant amount of materials as well as, construction of additional retaining walls, which are both discouraged within the development standards. PC/Meyer encouraged C/Shah to ask the applicant's PC/Meyerarchitect to est mat d t comment on the amount of fill that would be required. However, could be more than 1000 cubic yards and that keeping trucks off of residential streets would be a positive aspect. C/Shah asked why the retaining wall was not proposed to be six feet in height throughout the entire JANUARY 8, 2008 PAGE 5 PLANNING COMMISSION wall and PC/Meyer responded that according to the City's development standards the maximum height of a retaining wall that creates the building pad could not exceed four feet. VC/Torng asked why the second attached unit height exceeded 35 feet. PC/Meyer explained that the elevations are reconciled with the slope. VC/Torng said he agreed with C/Nolan that the hillside development issue needed to be discussed. He asked why the applicant felt it necessary to attach the second unit. PC/Meyer responded that there was no benefit to attaching the house, the code allows for either an attached or detached unit as long as the unit did not exceed 1200 square feet in size. And, if the applicant were accommodating his parents for example, he would undoubtedly want immediate access from the primary dwelling unit. This is called a "second unit" because it contains a kitchen facility. Without kitchen facilities it would be termed a "guesthouse." C/Nolan said she drove by the location. VC/Torng opened the public hearing. Simon Shum, Architect, explained the proposed project and site design. The living area is distributed throughout the three main levels and there is no living area in what has been referred to as the "fourth" level. It is a difficult building site. C/Shah felt it was a very good design and asked for an explanation of the fill material. Mr. Shum explained the fill process using the site plan. In order to create the slope the project would need an additional retaining wall and importation of about 3000 cubic yards for the rear yard area, a very costly proposition. As an alternative, he incorporated into his design the tucking in of the facility under the left hand lower side to compensate for loss of the backyard area. In addition, the living and lower areas have generous deck space and the owner believes the deck space is adequate compensation for loss of a regular ground level patio space. VC/Torng asked Mr. Shum if he could create additional fill or sacrifice some of the upper level so that the structure would not appear so large and boxy. Mr. Shum explained the project showing the plans and how the structure would appear from the neighborhood view. The structure is compatible with the neighborhood. VC/Torng opened the public hearing JANUARY 8, 2008 PAGE 6 PLANNING COMMISSION Paul Miller, 1748 Derringer Lane, said that given the size of the project he found it quite attractive with respect to elements and design. He believed fill could be avoided by dropping the house down another 10 feet and moving it back to the 35 -foot front yardalong H 50 foot froe also felt nt was tage. ge. �bhe could buplace i d a ago foot front facade and trees 9 a second unit and rent it out it would help his income. He believed the standards were constantly esi'ng expanded dards. with variances and wanted a return to "The Country Esta VC/Torng closed the public hearing. C/Nolan asked for staff's comments on the City Code versus the concern regarding CC&R's. Also, she did not in any way view the second unit as "income" property. ACA/Wohlenberg explained that when projects come before the Commission they are evaluated only to determine whether they comply with the City's Codes. It is possible for a project to meet all City, private of the associationich is a private enforcement Codes and still violate the issue amongst the members VC/Torng said that when people invest in Diamond Bar it is a good thing. However, he believed the Hillside Management Code should be imposed on the project and that staff should then bring the project back to the Commission for consideration. He did not want to over compensate the code for the sake of the lot because this lot may not be that suitable for the size of the proposed structure. He said he wanted to see other properties in the area for comparison. PC/Meyer responded to VC/Torng that he thought he provided the alternatives and options with inclusion of the alternative designs. This design meets the City's Development standards. The question is, does the Commission want additional retaining walls and does the Commission believe the import of an additional 3000 cubic yards of material meets the development standard of preserving the naturaltop graphy.he quon He gain explained the proposed project layout and proposed s to whether the design alternative would meet the development standard t s rd requirement. In terms of view impairment, all properties on the opposite of Derringer (east side) are elevated and the applicant has provided a single - story fagade to the street, which would not result in view impairment from the existing dwelling units. The newer structures consist of an average of 6,000 square feet. PC/Meyer also explained market cost comparisons to build a and stated that it was not economically feasible to expect an applicant JANUARY 8, 2008 PAGE 7 PLANNING COMMISSION D1 10 square foot house on a $500,000 or $750,000 lot when 2000 square foot homes were built on lots that sold for $15,000. With the topographical challenges of the lot the architect has provided a product that meets the City's standards. VC/Torng said he was inclined to have further discussion about the final compromise. PC/Meyer said he was not sure what additional alternative VC/Torng was seeking. If the Commission wants to look at another design alternative it could provide adequate direction to the architect and staff. C/Nolan felt the variance was a good thing because it minimized cutting into the hillside and gave the project a more natural look than providing a large amount of fill, which would give the lot a more block look to the landscape. And, she believed it was a beautiful house. C/Nolan moved, C/Lee seconded to approve Development Review No. 2206-29, Tree Permit No. 2006-06, Minor Variance No. 2006-04 and Variance No. 2007-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT COMMISSIONERS Lee, Nolan, Shah, VC/Torng None Chair/Nelson PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah and C/Lee wished everyone a Happy New Year. C/Lee thanked staff for excellent reports. C/Nolan welcomed the Diamond Bar High School students who attended tonight's meeting. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects PM/Gubman pointed out that the Commissioners received pamphlets regarding the upcoming League of California Cities 2008 Planners Institute and Mini -Expo in Sacramento that will be held on March 26 through March 28. SAA/Marquez will contact Commissioners regarding attendance. JANUARY 8, 2008 PAGE 8 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With regular further m basineting s before:10 p.m e Planning Commission, Vice Chairman Torng adjourned the Attest: Respectfully Submitted, Greg Gubma lanning Manager T orng, Vice- �ra Agenda # 6. 3 Meeting Date: February 19, 2008 CITY COUNCIL''' AGENDA REPORT TO: Honorable Mayor and MembeM of the City Council FROM: James DeStefano, City Man g TITLE: Ratification of Check Register date January 31, 2008 through February 13, 2008 totaling $612,001.12. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $612,001.12 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated January 31, 2007 through February 13, 2008 for $612,001.12 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Financel Director Assistant City Manager Attachments: Affidavit and Check Register — 01/31/08 through 02/13/08. 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 January 31, 2008 through February 13, 2008 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $548,180.18 Community Organization Support Fund $200.00 Prop A - Transit Fund 7,159.79 Int. Waste Mgt Fund 7,933.79 AB2766 - AQMD Fund 1,456.61 CDBG Fund 1,165.65 COPS Fund 4,600.00 LLAD #38 Fund 9,202.33 LLAD #39 Fund 11,536.56 LLAD #41 Fund 4,019.27 Capital Improvement Project Fund 8,025.94 Self Insurance Fund 8,521.00 $612,001.12 Signed: Linda- G.—MabnYison Finance Director City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 44000 415.00 $415.00 1/31/2008 P/R TRANSFER-08/PP 03 A AMERICAN SELF STORAGE Acct # Amount Total Check Amount 2/7/2008 1 08PP 03 PAYROLL TRANSFER 10200 1,165.65 $160,664.39 2/7/2008 2,331.00 PAYROLL TRANSFER 1/31/2008 125 AAA FLAG AND BANNER 2/7/2008 PAYROLL TRANSFER P/R TRANSFER-08/PP 03 115 10200 7,933.79 2/7/2008 41200 PAYROLL TRANSFER P/R TRANSFER-08/PP 03 118 10200 1,456.61 2/712008 PAYROLL TRANSFER P/R TRANSFER -08/13P 03 001 10200 144,137.43 0015350 45300 100.00 $100.00 P/R TRANSFER-08/PP 03 112 10200 5,970.91 ADVANCED INFRASTRUCTURE MGT, INC CONSULTANT SVCS-OCT/NOV Page 1 10000 lirUA CAFR REVIEW -2007 0014050 44000 415.00 $415.00 1/31/2008 78869 A AMERICAN SELF STORAGE STORAGE -RECREATION 0014090 42140 2,331.00 $2,331.00 1/31/2008 78870 AAA FLAG AND BANNER SUPPLIES -DBC 0015333 41200 577.28 $577.28 1/31/2008 78871 JOHN ABRAM ENTERTAINMENT -TINY TOTS 0015350 45300 100.00 $100.00 1/31/2008 78872 ADVANCED INFRASTRUCTURE MGT, INC CONSULTANT SVCS-OCT/NOV 0014050 R44000 6,060.00 $6,060.00 1/31/2008 1 78873 JAJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 24.53 $24.53 1/31/2008 1 78874ALBERTSONS SUPPLIES -COMM SVCS 0015350 1 41200 11.98 $11.98 1/31/2008 78875 AT&T MOBILITY 1/31/2008 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.22 $33.66 1/31/2008 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.22 CELL CHRGS-POOL VEH 0014090 42125 11.22 1/31/2008 78876 CAROL BARKER FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 1/31/2008 78877 SEHAM BESHAY FACILITY RENTAL -DBC 001 23002 500.00 $500.00 1/31/2008 78878 BLUE SKY CAFE INC 1/31/2008 BLUE SKY CAFE INC TG SUPPLIES-CNCL FTG 0014030 42325 50.34 $90.66 SUPPLIES-H/R 0014060 42325 40.32 1/31/2008 78879 ITRUDY BRANDT FACILITY RENTAL -DBC 001 23002 100.00 $100.00 1/31/2008 78880 IKATHY BREAUX CONTRACT CLASS -WINTER 0015350 45320 1 399.60 $399.60 1/31/2008 78881 CALIFORNIA JPIA RISK PR ��n PROPERTY INS -JAN Uy 5104081 47200 1 8.521.001cu c�� n1 Page 1 Page 2 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/31/2008 78882 CITY OF WEST COVINA FORENSIC SVCS-OCT/DEC 07 0014411 45401 6,790.00 $6,790.00 1/31/2008 78883 COUNCIL OF AFRICAN AMERICAN PARENTS BOOTH RENTAL -DBC 0015333 42141 35.00 $35.00 1/31/2008 78884 COUNTRY GARDEN CATERERS INC SUPPLIES -COMM SVCS 0015350 41200 2,150.42 $2,150.42 1/31/2008 78885 COUNTRY HILLS DB LLC FEES -EN 07-587 1/31/2008 COUNTRY HILLS DB LLC 001 34650 -340.00 $160.00 1/31/2008 COUNTRY HILLS DB LLC REFUND -EN 07-587 001 23012 160.00 FEES -EN 07-587 001 23012 340.00 1/31/2008 78886 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -DEC 07 0015220 45000 26,786.93 $26,786.93 1/31/2008 78887 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 1/31/2008 DAY & NITE COPY CENTER 0015350 42110 212.31 $261.03 1/31/2008 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 16.24 PRINT SVCS -COMM SVCS 0015350 42110 32.48 1/31/2008 78888 DEPARTMENT OF CONSERVATION SMIP FEES -OCT -DEC 07 001 34350 506.39 $506.39 1/31/2008 78889 DH MAINTENANCE MONTHLY MAINT-DBC JAN 1/31/2008 DH MAINTENANCE 0015333 45300 12,250.83 $12,986.00 MONTHLY MAINT-PARKS JAN 0015340 42210 735.17 1/31/2008 78890 IDIAMOND BAR BREAKFAST LIONS REIMB-WINTER SNOW FEST 0015350 1 45300 114.00 $14.00 1/31/2008 78891 IDIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -COMM SVCS 0015350 41200 77.00 $77.00 1/31/2008 78892 IDIVERSIFIED PARATRANSIT INC HOLIDAY RIDE -JAN 08 1125553 45315 154.88 $154.88 1/31/2008 78893 IDOGGIE WALK BAGS INC SUPPLIES -COMM SVCS 0015310 41200 1,119.50 $1,119.50 1/31/2008 78894 IDOLPHINE RENTS INC EQ RENTAL -CONCERT SHARE 0015350 42130 2,456.67 $2,456.67 1/3112008 78895 EDAW INC 1/31/2008 EDAW INC -FPL 2007-263 001 23010 1,665.72 $9,254.01 1/31/2008 EDAWINC -FPL 2007-263 FPROF-SVCS-FPL 001 34430 1,665.72 07-263 __t 001 23010 9,254.01 1/31/2008 78896 GINGER FOSTER o�r�or rcEFUND I 001 34780 pan nn Q,o� Page 2 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/31/2008 78897 GM BUSINESS INTERIORS CHAIRS -FINANCE DEPT 0014050 46200 1,485.02 $1,485.02 1/31/2008 78898 REBECCA GONZALES FACILITY REFUND -DBC PROF.SVCS-EN 07-559 001 23002 500.001 $500.00 1/31/2008 78900 HALL & FOREMAN, INC. 1/31/2008 HALL &FOREMAN, INC. 001 23012 360.00 $7,578.00 1/31/2008 HALL &FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 262.50 1/31/2008 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 264.75 1/31/2008 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 321.71 1/31/2008 HALL & FOREMAN, INC. PROF -SVCS -INSPECTIONS 0015510 45227 893.75 1/31/2008 HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK 0015551 45223 162.75 1/31/2008 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015510 45221 500.00 1/31/2008 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 265.88 1131/2008 HALL &FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 309.99 1/31/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 03-397 001 34650 -170.63 1/31/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 23012 90.00 1/31/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 34650 -90.00 1/31/2008001 HALL &FOREMAN, INC. ADMIN FEE -EN 07-553 34650 -236.25 1/3112008 HALL &FOR FOREMAN, INC. PROF.SVCS-EN 03-397 001 23012 682.50 1/31/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 03-397 001 23012 170.63 1/31/2008001 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 34650 -37.50 1/31/2008 HALL & FOREMAN, INC. PROF -SVCS -FEN 07-553 001 23012 945.00 1/31/2008001 HALL &FOREMAN, INC. ADMIN FEE -EN 07-553 23012 236.25 1/31/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 03-384 001 34650 -10.37 1/31/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 01-321 001 23012 150.00 1/31/2008001 HALL &FOREMAN, INC. ADMIN FEE -EN 01-321 23012 37.50 1/31/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 34650 -62.50 1/31/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 03-384 001 23012 421.67 1/31/2008001 HALL &FOREMAN, INC. ADMIN FEE -EN 03-384 23012 10.37 1/31/2008 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 100.00 1/31/2008 HALL &FOREMAN, INC. PROF.SVCS-EN 07-574 001 23012 250.00 1/31/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 23012 62.50 1/31/2008 HALL & FOREMAN, INC. PROF -SVCS -EN 04-453 001 23012 793.80 1131/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-453 001 23012 198.45 1/31/2008 IHALL & FOREMAN, INC. ADMIN FEE -EN 04-453 001 34650 -198.45 PROF.SVCS-EN 04-453 001 1 23012 693.70 Page 3 Page 4 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 - Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/31/2008 78900... HALL & FOREMAN, INC. ADMIN FEE -EN 04-453 1/31/2008 HALL & FOREMAN, INC. 001 34650 -223.431 $7,578.00 ... ADMIN FEE -EN 04-453 001 23012 223.43 1/31/2008 78901 HELEN HAN 1/31/2008 HELEN HAN FACILITY REFUND -DBC 001 23002 350.00 $316.00 PROPERTY DAMAGE 001 36615 -34.00 1/31/2008 78902 IWIMAL HETTIARATCHI RECREATION REFUND 001 34780 60.001 $60.00 1/31/2008 ILILLIAN HUANG FACILITY REFUND -DBC 001 36615 400.00 $400.00 1/31/2008 78904 PHOEBE IGNACIO FACILITY REFUND -HERITAGE 001 23002 50.00 $50.00 1/31/2008 78905 INLAND EMPIRE STAGES EXCURSION-AGUA CALIENTE 1125350 4,5310 1,034.00 $1,034.00 1/31/2008 78906 11NLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-297 001 23010 190.00 $190.00 1/31/2008 78907 INT'L COUNCIL OF SHOPPING CENTERS MEMBERSHIP DUES -08/09 0015240 1 42315 100.00 $100.00 1/31/2008 78908 IT'S A GRIND MTG SUPPLIES -COMM SVCS 0015350 41200 154.85 $154.85 1/31/2008 78909 IJOBS AVAILABLE PUBLICATION -ENG 0014060 42115 91.80 $91.80 1/31/2008 78910 CECILIA LAO RECREATION REFUND 001 34780 1 120.00 $120.00 1/31/2008 78911 ELLA MEI LAU FACILITY REFUND-SYC CYN 001 23002 50.00 $50.00 1/31/2008 78912 JESSE LEE FACILITY REFUND -DBC 001 23002 500.001 $500.00 1/31/2008 78913 LEIGHTON & ASSOCIATES, INC. PROF -EN 07-595 1/31/2008 LEIGHTON & ASSOCIATES, INC. -SVCS ADMIN FEE -EN 07-595 001 23012 1,075.50 $3,875.50 1/31/2008 LE11 HTON &ASSOCIATES, INC. 001 23012 193.59 1/31/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-595 001 34650 -193.59 1/31/2008 LEIGHTON &ASSOCIATES, INC. PROF -SVCS -EN 04-433 001 23012 1,227.50 1/31/2008 LEIGHTON &ASSOCIATES, INC. ADMIN FEE -EN 04-433 001 23012 220.95 1/31/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-433 001 34650 -220.95 1/31/2008 LEIGHTON & ASSOCIATES, INC. PROF -SVCS -EN 03-363 001 23012 280.00 1/31/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 23012 50.40 ADMIN FEE -EN 03-363 001 34650 -50.40 Page 4 Page 5 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/31/2008 1 78913... LEIGHTON & ASSOCIATES, INC. 1/31/2008 LEIGHTON &ASSOCIATES, INC. PROF -SVCS -EN 05-500 001 23012 1,292.50 $3,875.50._. 1/31/2008 LEIGHTON &ASSOCIATES, INC. ADMIN FEE -EN 05-500 001 23012 232.65 ADMIN FEE -EN 05-500 001 34650 -232.65 1/31/2008 78914 ILETTER PERFECT SIGNS ADDL SIGNS -PETERSON PK 0015340 42210 1 281.45 $281.45 1/31/2008 78915 IRICHARD LI RECREATION REFUND 001 34780 1 120.00 $120.00 1/31/2008 78916 ILIEBERT CASSIDY WHITMORE PROF.SVCS-H/R 0014020 1 44021 2,034.00 $2,034.00 1/31/2008 78917 I CHUN LO 1/31/2008 I CHUN LO REFUND -EN 08-603 001 23012 245.00 $245.00 1/31/2008 I CHUN LO FEES -EN 08-603 001 23012 255.00 FEES -EN 08-603 001 34650 -255.00 1/31/2008 78918 ILOS ANGELES COUNTY SHERIFF'S DEPT. STAR SVCS-JUL-DEC 07 0014411 45401 55,440.00 $55,440.00 1/31/2008 78919 IMANAGED HEALTH NETWORK FEB 08 -EAP PREM 001 21115 152.90 $152.90 1/31/2008 78920 MCE CORPORATION 1/31/2008 MCE CORPORATION STORM DRAIN MAINT-DEC 0015554 45512 1,493.23 $19,612.36 1/31/2008 MCE CORPORATION SIDEWALK MAINT-DEC 07 0015554 45504 7,820.00 1/31/2008 MCE CORPORATION RIGHT -011 MAINT-DEC 0015554 45522 3,153.01 ROAD MAINT-DEC 07 0015554 45502 7,146.12 1/31/2008 78921 IDENIMCLEAN RECREATION REFUND 001 34780 30.001$30.00 1/31/2008 1 78922 IMITY LITE INC SUPPLIES -DBC 0015333 41200 298.66 $298.66 1/31/2008 78923 JUSHA MURTHY RECREATION REFUND 001 34780 180.00 $180.00 1/31/2008 78924 PAETEC COMMUNICATIONS INC. LONG DIST CHRGS 0014090 �337r_61 $733.76 1/31/2008 78925 PRIED PRYOR SEMINARS/CAREERTRACK TRNG-M SOMENZI 0015310 42340 99.001 $99.O0 1/31/2008 78926 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS -DBC 0015333 42210 52.50 $52.50 1/31/2008 1 78927 R F DICKSON COMPANY SWEEPING IST wCa-rvVV/UtG 0015554 1 45501 9 5R5 qq1 to ccc o� Page 5 Page 6 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/31/2008 78928 REPUBLIC ELECTRIC 1/31/2008 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-DEC 0015554 45507 3,284.32 $7,841.56 TRFFC SIGNAL REPAIRS -DEC 0015554 45507 4,557.24 1/31/2008 78929 ELIZABETH ROBERTS FACILITY REFUND-REAGAN 001 23002 50.00 $50.00 1/31/2008 78930 IROTARY CLUB OF WALNUT VALLEY REIMB-WINTER SNOW FEST 0015350 45300 132.00 $132.00 1/31/2008 78931 ROYAL STREET COMMUNICATIONS LLC REFUND -EN 08-602 1/31/2008 ROYAL STREET COMMUNICATIONS LLC FEES -EN 08-602 001 23012 160.00 $160.00 1/31/2008 ROYAL STREET COMMUNICATIONS LLC FEES -EN 08-602 001 23012 340.00 001 34650 -340.00 1/31/2008 78932 SOUTHERN CALIFORNIA EDISON CIP PROJ-LINE EXTENSION 2505510 46412 7,810.18 $7,810.18 1/31/2008 78933 RAE SUH FACILITY REFUND -DBC 001 23002 100.00 $100.00 1/31/2008 78934 SHU CHEN TANG REFUND -EN 07-596 1/31/2008 SHU CHEN TANG 001 23012 160.00 $160.00 1/31/2008 SHU CHEN TANG FEES -EN 07-596 001 23012 340.00 FEES -EN 07-596 001 34650 -340.00 1/31/2008 78935 THE RIGHT CONNECTION INC SUPPLIES -COMM SVCS 0015350 F41200 633.42 $633.42 1/31/2008 78936 ITHE SAN GABRIEL VALLEY NEWSPAPER GR AD -BIDS NOTICE 2505310 46415 215.76 $215.76 1/31/2008 1 78937 ITRAFFIC CONTROL SERVICE INC MESSAGE BOARD-P/WKS 0015554 46250 23,181.74 $23,181.74 1/31/2008 78938 TRILLIUM CONSULTING INC 1/31/2008 : TRILLIUM CONSULTING INC REFUND -EN 07-593 001 23012 160.00 $160.00 1/31/2008 TRILLIUM CONSULTING INC- FEES -EN 07-593 001 23012 340.00 FEES -EN 07-593 001 34650 -340.00 1/31/2008 78939 TRILLIUM CONSULTING INC REFUND -EN 08-604 1/31/2008 TRILLIUM CONSULTING INC 001 23012 160.00 $160.00 1/31/2008 TRILLIUM CONSULTING INC FEES -EN 08-604 001 23012 340.00 FEES -EN 08-604 001 34650 340.00 1/31/2008 1 78940 ISHERRY UROFF FACILITY REFUND -DBC 001 23002 500.00 $500.00 1/31/2008 78941 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC JAN 1/31/2008 VALLEY CREST LANDSCAPE MAINT INC 15 1 $29,086.13 .1 1 LANDSCAPE MAINT-PARKS 0015340 45300 23,657.79 Page 6 Page 7 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/31/2008 78942 LORRAINE VELARDE � I FACILITY REFUND -DBC 001 23002 50.00 $50.00 1/31/2008 78943 JENNIFER VENERACION FACILITY REFUND -DBC 1/31/2008 JENNIFER VENERACION 001 23002 500.00 $350.00 FACILITY CHRGS-DBC 001 36615 150.00 1/31/2008 178944 VERIZON CALIFORNIA HILL 1/31/2008 VERIZON CALIFORNIA ]PH.SVCS-MAPLE 0015340 42125 88.57 $177.14 PH.SVCS-REAGAN 0015340 421257- 88.57 1/31/2008 78945 VISION SERVICE PLAN FEB 08 -VISION PREMIUMS 001 21107 1,198.18 $1,198.18 1/31/2008 78946 ILE HONG WANG CONTRACT CLASS -WINTER 0015350 45320 168.00 $168.00 1/31/2008 1 78947 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 281.93 $281.98 1/31/2008 78948 IWELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 24.00 $24.00 1/31/2008 78949 WELLS FARGO BANK MTG-CMGR 1131/20080014030 WELLS FARGO BANK 42325 95.51 $312.93 LEAGUE :MGR 0014030 42330 217.42 1/312008 1/31/2008 78950 GAYLAN YEUNG RECREATION REFUND 001 34780 1 180.001 $180.00 1/31/2008 78951 JYMCA Y'S MEN IMB-JBLAST 1/31/2008 YMCA Y'S MEN FREIMB-EUALSYTER 0015350 45300 189.00 $254.00 HUNT 0015350 45300 65.00 2/7/2008 78952 AMERICOMP GROUP INC SUPPLIES -TONER 2/7/20081AMERICOMP0014070 GROUP INC 45000 435.17 $553.16 SUPPLIES -TONER 0014070 45000 117.99 2008 78953 AMERITECH BUSINESS SYSTEMS COPIER MAINT-C/HALL 0014090 42100 184.78 $184.78 4 ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-575 001 23012 495.00 $5,007.50 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-589 001 34650 -266.40 M2/7/2008 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-589 001 23012 1,480.00 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-592 001 23012 370.00 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-599 001 23012 266.40 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-599 001 34650 -266.40 ADMIN FEE -EN 07-589 001 23012 266.40 Page 7 Page 8 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/7/2008 78954... ARROYO GEOTECHNICAL CORP 2/7/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-510 001 23012 66.60 $5,007.50 2/7/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-510 001 34650 -66.60 ... 2/7/2008 ARROYO GEOTECHNICAL CORP PROF -SVCS -EN 07-599 001 23012 1,480.00 2/7/2008 ARROYO GEOTECHNICAL CORP001 ADMIN FEE -EN 05-476 23012 29.70 2/7/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-476 001 34650 -29.70 2/7/2008 ARROYO GEOTECHNICAL CORP001 PROF -SVCS -EN 06-510 23012 370.00 2/7/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-592 001 23012 66.60 2/7/2008 ARROYO GEOTECHNICAL CORP001 ADMIN FEE -EN 07-592 34650 -66.60 2/7/2008 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-476 001 23012 165.00 2/7/2008 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-504 001 23012 647.50 2/7/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-575 001 23012 gg_10 ADMIN FEE -EN 07-575 001 34650 X9.10 2/7/2008 78955 IAT & T PH.SVCS-GENERAL 0014090 42125 1 28.68 $28.68 2/7/2008 78956 IBEAR STATE AIR CONDITIONING SVCS IN MAINT-DBC 0015333 42210 360.43 $360.43 2/7/2008 78957 BENESYST 2/6/08-P/R DEDUCTIONS 001 21105 702.48 $702.48 2/7/2008 78958 BEST LIGHTING PRODUCTS MAINT-PANTERA 2/7/2008 BEST LIGHTING PRODUCTS E001573400 46717 $1,733.55 MAINT-DBC ,42 42210 1,266.38 2/7/2008 78959 IBOULEVARD BAGELS INCMTG SUPPLIES-FCTC 0014090 42325 250.00 $250.00 2/7/2008 78960 IROV SCOUT TROOP 730 PROCEEDS-W/SNOW FEST 0015350 1 45300 306.33 $306.33 2/7/2008 78961 IKATHY BREAUX CONTRACT CLASS-WITNER 0015350 45320 399.60 $399.60 2/7/2008 78962 BUSINESS TELECOMMUNICATION SYS INC. PHONE MAINT SVC 2/7/2008 BUSINESS TELECOMMUNICATION SYS INC. 0014070 42125 108.0=$233.75 PHONE MAINT SVC 0014070 42125 125.00 2/7/2008 78963 CALIFORNIA ARMY NATIONAL GUARD PROCEEDS-W/SNOW FEST 0015350 45300 306.33 $306.33 2/7/2008 78964 CALIFORNIA POLITICAL WEEK SUBSCRIPTION RENEWAL 0014030 42320 95.00 $95.00 2/7/2008 78965 CATALINA BALLAST BULB COMPANY - A SUPPLIES -DBC 0015333 1 41200 2548 C971 40 Page 8 Page 9 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date 2/7/2008 2/7/20080015333 2/7/2008 2/7/2008 2/7/20080015340 Check Number Vendor Name Transaction Description SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -PARKS SUPPLIES -DBC Fund/ Dept Acct # Amount Total Check Amount 78965... CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY CATALINA BALLAST BULB COMPANY 0015333 0015333 0015333 41200 41200 41200 42210 41200 160.09 210.73 131.84 96.34 48.71 $673.19... 2/7/2008 217/2008 2/7/2008 78966 COW GOVERNMENT INC. COW GOVERNMENT0014070 INC. COW GOVERNMENT INC. SUPPLIES-I.T. SUPPLIES-I.T. SUPPLIES-I.T. 0014070 0014070 41200 41200 41200 61.70 162.38 311.25 $535.33 2/7/2008 178967 CHAPARRAL MIDDLE SCHOOL LEO CLUB PROCEEDS-W/SNOW FEST 0015350 45300 306.33 $306.33 2/7!2008 78968 CITY OF WALNUT PROF -SVCS -TEEN SUPPORT 1264411 44000 4,600.00 $4,600.00 2/7/2008 78969 DAVID J. GRUNDY IP & R COMM -1/24 $45.00 0015350 44100 45.00 2/7/2008 78970 DELTA CARE USA FEB 08 -DENTAL PREMIUMS 90.47 001 21104 1 'IQn A7F 2R/2008 78971 DELTA DENTAL FEB 08 -DENTAL PREMIUMS $2,681.37 001 21104 2,681.37 2/7/2008 78972 DENNIS CAROL PROF.SVCS-P&R MTG $75.00 0015350 44000 75.00 2008 78973 DIAMOND BAR AAUW PROCEEDS-W/SNOW FEST $306.33 0015350 45300 306.33 2/7/2008 78974 DIAMOND BAR CHINESE AMERICAN ASSN BOOTH FEE -CHINESE N/YEAR $200.00 0114010 42355 200.00 2!7/2008 78975 DIAMOND BAR COMMUNITY PRESCHOOL $306.33 PROCEEDS-W/SNOW FEST 0015350 45300 306.33 2!7!2008 78976 DIAMOND BAR HIGH SCH LEO CLUB $306.33 PROCEEDS-W/SNOW FEST 0015350 45300 306.33 2/7/2008 78977 DIAMOND BAR IMPROVEMENT ASSOCIATION $450.00 AD-JAN/FEB 08 0014095 1 42115 450.00 2/7/2008 78978 DIAMOND BAR INTERNATIONAL DELI $306.00 MTG SUPPLIES-FCTC 0014090 42325 306.00 2/7/2008 78979 DIAMOND BAR WOMANS CLUB PROCEEDS-W/SNOW FEST $306.33 0015350 45300 1 306.33 2R/2008 78980 DIAMOND POINT PTA PROCEEDS W/SNOW FEST 0015350 45300 1 3-0-6---F 33$306.337 Page 9 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/7/2008 78981 DIAMOND POINT PTA PROCEEDS-W/SNOW FEST 0015350 45300 306.33 $305.33 2/7/2008 78982 DOLPHIN RENTS INC 2/7/2008 DOLPHIN RENTS INC SUPPLIES-W/SNOW FEST 0015350 41200 197.86 $457.86 SUPPLIES-W/SNOW FEST 00153,150 1 41200 260.00 2/7/2008 78983 DOLPHINE RENTS INC EQ RENTAL-W/SNOW FEST 0015350 42130 1,988.86 $1,988.86 2/7/2008 78984 EVANGELICAL FR CHURCH OF DB PROCEEDS W/SNOW FEST 0015350 45300 306.33 $306.33 2/7/2008 78985 EVERGREEN INTERIORS 2/7/2008 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 45300 130.00 $301.60 PLANT SVCS -DBC JAN 0015333 45300 171.60 2/7/2008 78986 EXCEL LANDSCAPE 2/7/2008 EXCEL LANDSCAPE LNDSCAPE MAINT-DIST 38 1385538 45500 9,144.58 $24,425.68 2/7/2008 EXCEL LANDSCAPE LNDSCAPE MAINT-DIST 39 1395539 45500 11,261.83 LNDSCAPE MAINT-DIST 41 1415541 45500 4,019.27 2/7/2008 78987 EXTERMINETICS OF SO CAL INC 2/7/2008 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS -DBC 0015333 45300 75.00 $115.00 PEST CONTROL SVCS -DBC 0015333 45300 40.00 2/7/2008 78988 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 104.79 $104.79 2!712008 78989 FEDEX KINKO'S PRINT SVCS -RECEIPT BOOKS 0014090 1 42110 567.99 $567.99 2/7/2008 78990 DAVID FERNANDEZ CONTRACT CLASS -WINTER 0015350 45320 634.50 $634.50 2/7/2008 78991 FRANCHISE TAX BOARD SLRY ATTCHMT-2/8/08 001 21114 100.00 $100.00 2/7/2008 78992 MICHAEL GALVAN FACILITY REFUND -HERITAGE 001 23002 :)nr $200.00 2/7/2008 78993 GIRL SCOUT TROOP 495 REIMB-W/SNOW FEST 0015350 45300 39.00 $39.00 2/7/2008 78994 GO LIVE TECHNOLOGY INC CONSULTANT SVCS -WK 1/250014070 R44000 4,500.00 $4,500.00 2/7/2008 78995 CHAD GONELLA CONTRACT CLASS -WINTER 0015350 45320 612.00 $612.00 2/7/2008 78996 GOVIS LLC ..wives mrjm i i i 0014070 42205 1 3 000 00 $-30-0-0--1 00 Page 10 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/7/2008 78997 GRAPHICS UNITED 2/7PRINT SVCS -NEWSLETTER 0014095 44000 3,066.08 $3,066.08 /2008 78998 78999 ADMIN FEE -EN 06-507 PROF.SVCS-INSPECTION PROF -SVCS -PLAN CHECK PROF -SVCS -PLAN CHECK PROF.SVCS-EN 06-507 ADMIN FEE -EN 06-507 HALL & FOREMAN, INC. 2/7/2008 -380.63 920.00 787.50 364.36 1,522.50 380.63 HALL & FOREMAN, INC. 2/7/2008 HALL & FOREMAN, INC. 2/7/2008 2/7!2008 HALL & FOREMAN, INC. 2/7/2008 HOME DEPOT CREDIT SERVICES HALL & FOREMAN, INC. 2/7/2008 42210 HALL & FOREMAN, INC. 217/2008 $914.19 78999 ADMIN FEE -EN 06-507 PROF.SVCS-INSPECTION PROF -SVCS -PLAN CHECK PROF -SVCS -PLAN CHECK PROF.SVCS-EN 06-507 ADMIN FEE -EN 06-507 001 0015510 0015551 0015551 001 001 34650 45227 45223 45223 23012 23012 -380.63 920.00 787.50 364.36 1,522.50 380.63 LEIGHTON & ASSOCIATES, INC. $3,594.36 2/7/2008 MTG-COUNCIL MTG COUNCIL LEAGUE OF CALIFORNIA CITIES HOMED OT CREDIT SERVICES SUPPLIES -DIST 39 LEIGHTON & ASSOCIATES, INC. 27/2008 LEIGHTON & ASSOCIATES, INC. 2/7/2008 2/7!2008 LEIGHTON & ASSOCIATES, INC. 2/7/2008 HOME DEPOT CREDIT SERVICES LEIGHTON & ASSOCIATES, INC. 1395539 42210 159.33 $2,747.50 $914.19 2/7/2008 23012 364.00 HOME DEPOT CREDIT SERVICES SUPPLIES -DIST 39 1395539 42210 115.40 1,563.50 2/7/2008 001 23012 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 58,11 281.43 2/7/2008 HOME DEPOT CREDIT SERVICES SUPPLIES -RECREATION 0015350 41200 199.00 SUPPLIES -RECREATION 0015350 41200 382.35 217/2008 79000 INLAND ROUNDBALL OFFICIALS 217/2008 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -JAN 300T 640.016'=,160.00 OFFICIAL SVCS -JAN 08 =1� 300 520.00 2/7/2008 79001 ITALIAN CATHOLIC FEDERATION PROCEEDS-W/SNOW FEST 0015350 45300 306.33 $306.33 217/2008 79002 VISHAL KAUSHAL 2/7/2008 VISHAL KAUSHAL REFUND -EN 05 494 001 23012 2,65.52 5 $3,856.12 REFUND -GRADING BOND 001 23001 1,200.60 2/7/2008 79003 LA DATA SECURITY CORP 2/7/2008 LA DATA SECURITY CORP COMP SOFTWARE -BACKUP TAPE 0014070 46235 1,353.13 $1,843.44 DATA STORAGE SVCS -JAN 0014070 45000 490.31 2/7/2008 79004 LANTERMAN DEV CENTER/COMM INDUSTRIEPROCEEDS-WlSNOW FEST 0015350 45300 306.33 $306.33 2/7/2008 79005 LEAGUE OF CALIFORNIA CITIES 2/7/2008 MTG-COUNCIL MTG COUNCIL LEAGUE OF CALIFORNIA CITIES 27/2008 79006 LEIGHTON & ASSOCIATES, INC. 27/2008 LEIGHTON & ASSOCIATES, INC. 2/7/2008 23012 LEIGHTON & ASSOCIATES, INC. 2/7/2008 LEIGHTON & ASSOCIATES, INC. 27/2008 FinuTn�t p noer , T� Page 11 MTG-COUNCIL MTG COUNCIL 0014010 0014010 42325 42325 75.00 35.00 $110.00 PROF -SVCS -EN 06-544 001 23012 PROF -SVCS -EN 01-323 820.00 $2,747.50 001 23012 364.00 PROF.SVCS-EN 07-598 001 23012 1,563.50 PROF -SVCS -EN 07-598 001 23012 PROF -SVCS -EN 07-598 001 281.43 34650 -281.43 Page 11 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount Total Check Amount 2/7/2008 79007 BENNY LIANG 1 I P & R COMM -1/24 0015350 44100 45.00 $45.00 2/7/2008 79008 LIEBERT CORPORATION 2/7/2008 LIEBERT CORPORATION A/C MAINT-SERVER ROOM 0014090 42210 692.71 $1,052.71 A/C MAINT-SERVER ROOM 0014090 42210 2/7/2008 1 79009 ILOS ANGELES COUNTY SHERIFF'S DEPT. 360.00 HELICOPTER SVCS -DEC 07 0014411 45401 2/7/2008 79010 IMARIA L HILARIO 350.80 $350.80 REIMB-CRRS TRNG 0015510 42325 200.00 $200.00 MCE CORPORATION =2/712008 MCE CORPORATION RIGHT-OF-WAY MAINT-NOV 5,077.15 $39,479.38 MCE CORPORATION ROAD MAINT-NOV 07 8,313.30 MCE CORPORATION STORM DRAIN MAINT-NOV =55544m5nr, SIGNS&STRIPING MAINT-NOV454.80 2/7/2008 79012 IMINUTEMAN PRESS R & D BLUEPRINT 25,634,13 PRINT SVCS -COMM SVCS 0015340 42210 2/7/20081 79013 IMORILE INDUSTRIAL SUPPLY INCORP 18.45 $18.45 HELIUM TANK REFILL -DBC 0015333 41200 2/7/2008 79014 INATIONAL ENTERTAINMENT TECH INC 8.00 $8.00 SUPPLIES -RECREATION 0015350 41200 1,261.48 $1,261.48 2/7/2008 79015 ORKIN PEST CONTROL INC 2/7/2008 ORKIN PEST CONTROL INC GOPHER CONTROL -DEC 1385538 42210 57.75 $118'25 GOPHER CONTROL -PARK 0015340 42210 2/7/2008 1 79016 ITED OWENS 60.50 P & R COMM -1124 0015350 44100 45.00 2/7/2008 1 79017 ICAMEMUN PA I ION $45.00 OFFICIAL SVCS -JAN OS 0015350 45300 PERS RETIREMENT FUND 420.00 $420.00 =2/7/2008 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,693.32 $24,168.17 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 47.43 PERS RETIREMENT FUND RETIRE CONTRIB-EE 0015210 40090 15.29 RETIRE CONTRIB-EE 001 21109 2/7/2008 1 79019 1PREM11IUM RV INC 9,412.13 EQ RENTAL -COMM SVCS 0015350 46250 2/7/2008 79020 IQUEST SOFTWARE INC 1,055.91 $1,055.91 COMP MAINT RENEWAL 0014 070 42205 199 OS $199.08 Page 12 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Date Check Number Vendor Name L2/7/2008 Transaction Description Fund/ Dept Acct # Amount Total Check Amount 79021 PETER ROGERS PHOTOGRAPHY SVCS-P/INFO 0014095 42112 2/7/2008 79022 RONALD M EVERETT 953.59 $953.59 REIMB-LEAGUE CONF 0014010 42330 $578.36 578.36 2/7/2008 79023 RUTH M. LOW P & R COMM -1/240015350 44100 $45.00 45.00 2/7/2008 1 79024 ISECTRAN SECURITY INC. COURIER SVCS -FEB 080014090 44000 308.46 2/7/2008 79025 SO CAL SANITATION $308.46 EQ RENTAL-W/SNOW FEST 0015350 42130 722.07 2/7/2008 79026 SOLARWINDS.NET INC. $722.07 ANNL COMP MAINT RENEWAL 0014070 42205 2/7/2008 79027 ISTATE DISBURSEMENT UNIT 495.00 $495.00 SLRYATTCHMNT-BY0426064 001 2/7/2008 79028 ISTELLA MARQUEZ 21114 100.00 $100.00 REIMB-POSTING FEE 0015240 44000 50.00 2/7!2008 79029 IbUNSHINE SENIORS ASSOCIATION $50.00 FACILITY RENTAL -DBC 001 23002 500.00 2/7/2008 79030 TANDEM PRIVATE SECURITY $500.00 SECURITY SVCS -SNOW FEST 0015350 45300 2/7/2008 79031 TAYLOR TIME & EQUIPMENT CO 187.00 $187.00 TIME CLOCK-FRNT COUNTER 0014090 1 46220 658.37 2/7/2008 79032 THE COMDYN GROUP INC $658.37 2/7/2008THE COMDYN GROUP INC CONSULTANT SVCS-WK1/18 0014070 44000 1,375.01 CONSULTANT SVCS -WK 1/18$1,600.01 0014070 44000 1 225.00 2/7/2008 1 79033 ITHESANGABRIEL VALLEY NEWSPAPER GR LEGAL AD-P/HEARING 0014030 42115 367.66 2/7/2008 79034 ITIME WARNER $367.66 INTERNET SVCS -HERITAGE 0015340 42126 2/712008 79035 ITIMIE WARNER 116.01 $116.01 MODEM SVCS -COUNCIL 0014010 42130 44.95 S BANK $44.95 S BANK SUPPLIES -RECREATION 0015350 41200 $5,209.66 47.36 M217/2008LIS S BANK SUPPLIES -RECREATION 0015350 41200 233.51 S BANK MTG-COMM DEV 0015210 42340 15.00 S BANK SUPPLIES -DBC 0015333 41200 180.05 BANK MTGS-RECREATION 0015350 42325 62.62 SUPPLIES-PAm RKS 0015510 41200 124.07 Page 13 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name 2/7/2008 Transaction Description Fund/ Dept Acct # Amount Total Check Amount 79036... US BANK 2/7/2008 US BANK MTG SUPPLIES-P/WORKS 0015510 42325 37.62 $5,209.66 2/7/2008 US BANK TRNG-M HILARIO 0015510 42340 84.00 ... 2/7/2008 US BANK MTG SUPPLIES-H/R 0014060 42325 31.22 2/7/2008 US BANK MEMBERSHIP DUES-H/R 0014060 42315 150.00 2/7/2008 US BANK MTG SUPPLIES-H/R 001406 0 42325 97.70 2/7/2008 US BANK PUBLICATIONS-I.T 001 4070 42320 182.94 2/7/2008 US BANK SUPPLIES-W/SNOW FEST 0015350 41200 507.60 2/7/2008 US BANK SUPPLIES -ERC 0014060 42347 100.00 2/7!2008 US BANK EQ MAINT-GENERAL 0014090 42200 68.91 2/7/2008US BANK COSTUME -COMM SVCS 0015350 41200 1,008.89 2/7/2008 US BANK MEMBERSHIP DUES -17.0014070 42315 113.00 2/7/2008AD-DBC US BANK 0014095 42115 800.00 2/7/2008 US BANK SUPPLIES -COMM SVCS 0015310 41300 143.11 2/7/2008EQ US BANK MAINT-COMM SVCS 0015310 42200 264.00 2/7/2008MTG US BANK SUPPLIES-P/WKS 0015510 42325 89.75 2/7/2008 US BANK MTG SUPPLIES -GENERAL 0014090 42325 553.50 2/7/2008SUPPLIES-P/INFO US BANK 0014095 41200 153.56 MEMBERSHIP DUES 0015510 42315 161.25 2/7/2008 79037 VALLEY TROPHY SUPPLIES -RECREATION 0015350 41200 2/7/2008 1 79038 IVANTAGEPOINT TRNSFR AGNTS-303248 129.901$129.90 2/8/08-P/R DEDUCTIONS 001 21108 2/7/2008 79039 VERIZON CALIFORNIA 29,191.38 $29,191.38 PH.SVCS-DIAL IN MODEM 0014090 42125 2/7/2008 1 79040 IWALNUT VALLEY ROTARY 69.29 $69.29 PROCEEDS-W/SNOW FEST 0015350 45300 306.33 2/7/2008 79041 WAXIE SANITARY SUPPLY $306.33 2/7/2008 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 $961.14 21.65 2/7/2008SUPPLIES-W/SNOW WAXIE SANITARY SUPPLY FEST 0015333 41200E624.01 315.48 SUPPLIES -DBC 0015333 41200 2/7/2008 79042 IWELLS FARGO BANK EQ MAINT-I.T. 0014070 42205 $725.55 725.55 2/7/2008 79043 WELLS FARGO BANK 2/7/2008 WELLS FARGO BANK STAFF MTG-DOYLE 0014030 42325 $697.42 33.50 2/7/2008 WELLS FARGO BANK MTG-SCRIBBLES 0014030 42325 23.92 NPELRA CONF-DOYLE 0014030 42330 640.00 Page 14 City of Diamond Bar - Check Register 01/31/08 thru 02/13/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 22008 I 79044 WEST COAST MEDIA 2/7/2008 79045 YMCA YS MEN AD -ADULT EXCURSIONS FEB REIMB-WISNOW FEST Page 15 0014095 I 42115 525.00 $525 00 0015350 45300 118.00 $118.00 $612,001.12 Agenda # 6.4 ( a ) Meeting Date: February 19 2008 CITY COUNCIL' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: ADOPT RESOLUTION NO. 2008 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2008-2009. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,950 and is charged to each District proportionately; therefore, the cost for Assessment District No. 38 is $4,000. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2008-2009 Fiscal Year. Of the City's three Districts, District 38 encompasses the whole City and is illustrated on Exhibit "A-1" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Patrick Gallegos, Management Analyst REVIEWED Davi G. Li , Director of Public Works Attachment: Exhibit "A-1" Map Resolution No. 2008 -XX 2 RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2008-09 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 38 for Fiscal Year 2008-09. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this _ day of , 2008. Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2008, by the following vote: AYES: NOES: ABSENT: ABSTAINED ATTEST: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: fommye A. Cribbins, City Clerk 2 Agenda # 6 . 4 (b) Meeting Date: Februarv19 2008 _. '` fir, r�_�. CITY COUNCIL �` � �� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma6a TITLE: ADOPT RESOLUTION NO.q'-p 08-XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2008-2009. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,950 and is charged to each District proportionately; therefore, the cost for Assessment District No. 39 is $4,475. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2008-2009 Fiscal Year. Of the City's three Districts, District 39 encompasses a specific part of the City as illustrated on Exhibit "A-2" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Patrick Gallegos, Management Analyst r REVIEWEt BY: David-6. LiK, Director of Public Works Attachment: Exhibit "A-2" Map Resolution No. 2008 -XX 2 RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2008-09 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 39 for Fiscal Year 2008-09. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this _ day of , 2008. Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk I, SHEET IOFISHE Exhibit "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR CITY COUNCIL Agenda # 6.4 (c) Meeting Date: February 19, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: ADOPT RESOLUTION 2008- X ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2008-2009. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,950 and is charged to each District proportionately; therefore, the cost for Assessment District No. 41 is $4,475. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2008-2009 Fiscal Year. Of the City's three Districts, District 41 encompasses a southwesterly part of the City as illustrated on Exhibit "A-3" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Patrick Gallegos, Management Analyst REVIEWE9flly ' i David . Liu, erector of Public Works Attachment: Exhibit "A-3" Map Resolution No. 2008 -XX 2 RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2008-09 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 41 for Fiscal Year 2008-09. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this _ day of , 2008. Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk K day of Exhibit "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR J / A58[f6Ox'E •An[EENNUM[EnAEAAFEW [IO eY ""HE (/ FOuxiv Os106 AHDlI[F AKFeEp1'60lRCF. THE Dx9FTMFKEExigl4 FwnCEEM 90IEixl lx h^ TH! OFNFe W llx: LOE ANOLLpCOUNTY KFx.8E0n. / M� pWlpm aM SHEETIOF1SNEET 8A. IN *XE ONICE Of TX! CRY CLFfl[ or Tx[ COY OF DIAMOND TwTE OF CAEF'dEMA, TW9 ,__ OAYOFS 2D_ FFY —" OF OEE NO4F9?OFFICE OF THE COU—AI TW. COUNTY OF l08 STwtt OF DwUFONNIA. TNIY pwv OF 30.. C11 CITY OF NAMONOlewA GFk F SSOOC.C., CH & A[NG Agenda # 6.5 Meeting Date: February 19 2008 CITY COUNCIL AGENDA REPOR TO: Honorable Mayor and Member,�of the City Council VIA: James DeStefano, City Mana J TITLE: SECOND READING OF AN ORDI ANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES, AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE RECOMMENDATION: Approve for second reading by title only, waive full reading, and adopt ordinance No. OX -2008. FISCAL IMPACT: None. BACKGROUND / DISCUSSION: In 2006, the Governor signed the Digital Infrastructure and Video Competition Act (DIVCA), also known as AB 2987, creating a new state franchising system for video service providers such as cable companies like Time Warner and Comcast and new entrants to the market such as Verizon and AT&T. While the implementation of this law may encourage competition in the market, it does take overall franchising control away from local governments and placing it in the hands of the California Public Utilities Commission (CPUC). With the expiration of the City's franchise with Time Warner at the end of 2007, video service in Diamond Bar is now governed by a state franchise. With this development, the City's current cable franchising ordinance is out of date and in need of amendments to reflect the changes in state law. While the City no longer has direct franchising authority, DIVCA maintains that cities may collect a maximum 5% franchise fee on all gross revenues collected and the option to collect a 1% fee to support PEG (public/educational/government) programming. It also sets forth that cities are responsible for the enforcement of basic customer service requirements outlined in the franchise. City staff has continued to monitor performance and maintains its efforts to assist residents in solving any problems related to video service. The attached ordinance and amendments to Section 13 of the City's Municipal Code have been prepared by the City Attorney's office to incorporate and recognize these franchise fees and PEG rates to ensure the City is entitled to receive the maximum share available. It also establishes customer service provisions that require the franchisee to meet all state and federal laws governing consumer protection and those customer service standards set forth in California Public Utilities Code Section 5900. The section also provides for monetary damages in the event of a material breach of these standards by a franchisee. It should be noted that if the City does impose a monetary penalty for a breach, half of the penalty must be deposited in the state's Digital Divide Account established by D I VCA. Adoption of the attached ordinance and amendment will bring the City's code into accordance with the new provisions of state law related to state video franchise agreements and ensures the City is entitled to receive its maximum allotment of franchise and PEG fees. The first reading of this ordinance was approved by the Council at the February 5, 2008 meeting. Approval by the Council tonight will result in adoption of the ordinance. Prepared by: Ryan Lean, Assistant to the City Manager Attachments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES, AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: SECTION 1: Section 13.12.020 "Definitions" of the Diamond Bar Municipal Code is amended by adding thereto the definition of "State Franchisee" in alphabetical order to read as follows: "State Franchisee" means any holder of a State -issued video franchise operating in the City, as defined in Public Utilities Code section 5830(p). SECTION 2: A new Division 7 entitled "State Video Franchisees" commencing with section 13.12.1900 is hereby added to Title 13, Chapter 13.12 of the Diamond Bar Municipal Code to read as follows:: "DIVISION 7. STATE VIDEO FRANCHISEES 13.12.1900. PEG Fee Established. In accord with Public Utilities Code section 5870(n), any Grantee of a Franchise, or State Franchisee, must pay to the City a fee for the support of PEG channel facilities. (a) The amount of the PEG Fee established by this section is one percent (1 %) of Gross Revenues, as defined in this Code, the applicable City -issued franchise, or Public Utilities Code section 5860(d). 13.12.1910. Franchise Fee Established. For any State Franchisee, the amount of the franchise fee imposed by Public Utilities Code section 5840(q) shall be five percent (5%) of Gross Revenues, as defined in Public Utilities Code section 5860(d). (a) In accord with Public Utilities Code section 5860(a), the City Manager will prepare and provide to State Franchisees all necessary documentation supporting the percentage franchise fee paid by the incumbent cable operator serving the City. 13.12.1920. Notices from State Franchisees. Any notice a State Franchisee is required to deliver to the City by 5840(m) must be delivered to the City Manager. 13.12.1930. Nothing in this Chapter is intended to limit or restrict in any way the imposition of any existing or future generally applicable, nondiscriminatory, competitively neutral tax, fee, or charge to a State Franchisee, City franchisee or the services the franchisees provide. 13.12.1940. Customer Service Provisions for State Franchisees (a) All State Franchisees must comply with all applicable State and Federal laws and regulations regarding customer service and customer protection. (b) The City Manager may review the performance of State Franchisees for compliance with the customer service requirements specified in Public Utilities Code section 5900 (the "Customer Service Standards"). (c) If the City believes a material breach of the Customer Service Standards has occurred, the City Manager must give the State Franchisee written notice of any alleged material breach(es). The State Franchisee must remedy the specified material breach(es) no later than thirty (30) days from receipt of the notice. (d) If the State Franchisee fails to remedy the specified material breach(es) within 30 days, the City Manager may impose monetary penalties on the following schedule: a. Up to five hundred dollars ($500) for each day of each material breach, not to exceed one thousand five hundred dollars ($1,500) for each occurrence of a material breach. b. For a second material breach of the same nature within 12 months, up to one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach. c. For a third or further material breach of the same nature within 12 months, up to one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach. (e) Any monetary penalty imposed under this section may be appealed by the State Franchisee to the City Council. Appeals must be received in writing by the City Clerk within sixty (60) days of imposition of the penalty. The State Franchisee may present any relevant written or oral evidence of its choice. The City Council may uphold or reverse, in whole or in part, the imposition of the monetary penalties. 13.12.1950. The City Manager shall ensure PEG transmissions, content, and programming provided by the City to a State Franchisee is in a format compatible with the State Franchisee's system. In the alternative, the transmissions, content, and programming may be provided in a industry standard format, in accord with Public Utilities Code section 5870(g)(1). 13.12.1960. For the duration of any City -issued franchise, if that Franchisee has existing unsatisfied obligations under the franchise to pay to the City any cash payments for the ongoing costs of public, educational, and government access channel facilities or institutional networks,. The fee payable by each City and State Franchisee shall be the Franchisee's pro rata per subscriber share of the cash payment required to be paid by the City franchisee to the City for the costs of PEG channel facilities. (a) Within 45 days of receipt of the notice required by Public Utilities Code section 5840(n), each City and State Franchisee must provide to the City Manager a written statement of the number of its subscribers within the Franchisee's service area in the City. (b) Within 45 days of receipt all Franchisee subscriber number statements, the City Manager must calculate the division of the cash payments among all City and State Franchisees, and provide written notice to each Franchisee of the Franchisee's share of the cash payment. This amount may expressed as a percentage of gross revenue or as an amount per subscriber, per month, or otherwise. 13.12.1970. Interconnection. To properly serve the City's interest in PEG programming, each State Franchisee and City Franchisee must comply with the PEG system interconnection requirements of Public Utility Code section 5870. The City Manager, or his or her designee, may make any interconnection determinations of the City under Public Utility Code section 5870, including requiring interconnection where the City Franchisee and State Franchisee fail to reach a mutually acceptable interconnection agreement." SECTION 3: Repeal or amendment of any provision of the Diamond Bar Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this day of Jack Tanaka, Mayor 2008. I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of February, 2008 and finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: fommye Cribbins, City Clerk City of Diamond Bar Agenda # 6 . 6 Meeting Date: February 19 2008 CITY COUNCIL ---------------------------- TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: APPROPRIATE $475 EACH FROM LANDSCAPE MAINTENANCE DISTRICT FUND NUMBERS 39 AND 41 AND APPROVE CONTRACT AMENDMENT WITH GFB-FRIEDRICH & ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES FOR LANDSCAPING ASSESSMENT DISTRICT NUMBERS 38, 39, AND 41 FOR A PERIOD OF ONE (1) YEAR, FOR A TOTAL CONTRACT AMOUNT OF $12,950. RECOMMENDATION: Appropriate and approve. FINANCIAL IMPACT: In FY 2007-2008, $12,000 has been budgeted for the updates of Landscaping Assessment District Numbers 38, 39, and 41. As shown in the table, to proceed with maintenance of public improvements for landscaping assessment districts, an appropriation of $475 from landscape maintenance district fund numbers 39 and 41 is recommended. Fee Breakdown: District Fee Amount 38 $4,000 39 $4,475 41 $4,475 Total Fee Amount $12,950 Landscape Assessment District Budget $12,000 Proposed Appropriation from District 39 $475 Proposed Appropriation from District 41 475 Total Project Funding $12,950 BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping and open space improvements, and intends to continue the program by special assessments upon lands within the City. On January 18, 2005, the Assessment Engineering Services contract was awarded to GFB for three years. GFB has satisfactorily performed the assessment engineering services for the City and has comprehensive knowledge of the City's requirements. Further, GFB has extensive public finance experience that includes forming and updating public finance district proceedings for various public agencies. As such, staff recommends that the City continue the assessment engineering services with GFB for a period of one (1) year. Key tasks placed upon the assessment engineer include: • Strategy Meeting to discuss assessment methodology, capital improvement budgets, proposed operation and maintenance budgets, etc. • Prepare Landscaping Inventory Map for each assessment district of areas to be maintained. • Prepare Engineer's Report which will contain the description of proposed improvements, cost estimate, method of assessment, assessment roll, and diagram. • Attend Public Meetings and Public Hearings. • Place Assessments on County Assessor's Roll and submit final rolls to the City. For FY 2008-2009, the proposed fee is $12,950. This represents an increase of $410 when compared to the costs of the previous year. The increase is based on the proposed increases from GFB subcontractor Rapid Data who prepares the data processing transmittal disks for the Los Angeles County Assessor's Office. The total amount of the contract for one (1) year is $12,950. PREPARED BY: Patrick Gallegos, Management Analyst Date Prepared: February 13, 2008 REVIEWED BY: David G. Ciu, Director of Public Works Attachments: Amendment to the Consulting Services Agreement Exhibit A — Consultant's Proposal 2 AMENDMENT NO.2 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 2 to the Agreement is made and entered into this 19th day February, 2008, between the CITY OF DIAMOND BAR, a Municipal Corporation (herinafter referred to as "CITY") and GFB-Friedrich & Associates. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with GFB- Friedrich & Associates to provide Professional Consulting Services, which the Agreement was dated February 15, 2000. (ii) To provide the assessment engineering services for FY 2008-2009, the CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A". 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", the Consultant's Proposal dated February 13, 2008, for the Landscape Assessment District Nos. 38, 39, and 41." Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "B. Level of Services/Time of Performance. The level of and time of the specific to be performed by Consultant are as set forth in Exhibit "A". follows: Section 3: Section 3 of the Agreement is hereby amended to read as Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City." Section 4: 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 Agreement Amendment No. 2 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: GFB-FRIEDRICH & ASSOCIATES in City Attorney ATTEST: CITY OF DIAMOND BAR Tommye A. Cribbins, City Clerk DATE: John Friedrich, President James DeStefano, City Manager PA EXHIBIT A GF&FRIEDRICH & ASSOC., INC. CONSULTING CIVIL ENGINEERS February 13, 2008 Mr. Patrick Gallegos Management Analyst City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4178 Subject: Proposal to Provide Assessment Engineering Services for the FY 2008-09 Updates of Landscaping Assessment District Nos. 38, 39 and 41 for the City of Diamond Bar. Dear Mr. Gallegos: GFB-Friedrich & Assoc., Inc. (Consultant) is pleased to submit this proposal to provide assessment engineering services to the City of Diamond Bar (City) for the FY 2008-09 updates of the subject assessment districts. Consultant has been providing such assessment district update services to the City since FY 1994-95 and is known to the City. Therefore, although information about our firm can be provided at the City's request, Key Personnel, Related Experience and References are not being provided with this proposal. The maintenance to be financed includes landscape maintenance in public rights -of -ways such as parkways, medians, slopes, mini parks and open space. Such maintenance includes irrigation, fertilization, mowing, trimming, disease control, etc. and maintaining appurtenant structures. Also included will be salaries for maintenance employees and/or contractors and the cost of required tools, equipment and supplies. This proposal takes into account the requirements and constraints imposed by the Brown Act and Proposition 218. After Proposition 218 was approved by California voters, Assessment District Nos. 38, 39 and 41 were each determined to be exempt from the provisions of Proposition 218 as set forth in Article XIIID of the California Constitution. This proposal is prepared with the assumption that no changes will take place in any of the assessment districts that would cause mailed notices and assessment ballots to be necessary. Proposed Scope of Services Prepare request for CD-ROM of property owner information from Los Angeles County Assessor (to be signed and submitted by City). One CD-ROM will cover all three assessment districts. 2. Attend "kick-off" meeting with City staff (if necessary) to obtain existing data and maps and to determine if the City has any revisions to these projects. In coordination with the 6529 RIVERSIDE AVENUE • SUITE 230 • RIVERSIDE, CALIFORNIA 92506 (951) 781-0811 0 FAX: (951) 781-8435 E-MAIL: gfb-jaf@sbcglobal.net Mr. Patrick Gallegos February 13. 2008 Page 2 City, identify the works of improvement which would be eligible for inclusion in each FY 2008-09 assessment district program. Update the assessment diagram for each assessment district (Exhibit "A") encompassing all of the property within each district. 4. Revise map of "Areas to be Maintained" for each assessment district (Exhibit "B"), as required. 5. Hand enter data for defining districts, land use or other special requirements. 6. Prepare an estimate for each assessment district including costs of annual maintenance, operation and administration (in conjunction with City staff), and incidental costs for inclusion in each Engineer's Report. 7. Prepare an Engineer's Report for each assessment district which will contain the description of proposed improvements, cost estimate, method of assessment, assessment roll, and assessment diagram. Submit to City staff and legal counsel for review prior to adopting the Resolutions of Intention. Submit two unbound copies of each Engineer's Report. 8. J material and eo �v won nl +' !'�T-`T T r City staff has recently been responsible for preparing resolutions and for obtaining legal reviews of such resolutions. 9. Attend City Council meeting at which Resolutions of Intention are adopted. At this meeting, the Public Hearing date(s) will be set, and the Engineer's Reports will be preliminarily approved. Make presentation as necessary. 10. Amend Engineer's Report to reflect any changes in the improvements to be maintained or incidental costs. Re -spread assessments as required. Submit revised Engineer's Report to City and other project team members prior to Public Hearing. 11. Prepare and submit to City Resolutions Confirming the Levy for each assessment district (submit computer disk in Microsoft Word format). 12. Attend City Council meeting(s) at which Public Hearings are conducted. Make presentations as required. Attendance at one or more continued Public Hearing shall be considered additional services. Revisions to the Engineer's Report ordered by the City Council shall also be considered additional services. Diamond Bar A.D. Proposal — FY 08-09.doe Mr, Patrick Gallegos February 13. 2008 Page 3 13. Upon confirmation of each of the 1972 Act assessment rolls, provide services to place the current fiscal year's assessments on the Los Angeles County tax roll and file the assessment diagrams with the County Auditor, 14. Research and correct any exceptions or corrections discovered by the County Auditor and re -submit corrections to the roll to the County Auditor by the August 11 t deadline. 15. Coordinate with City staff, legal counsel, and other necessary project consultants. 16. Project administration and meetings (two staff meetings are anticipated in addition to the two City Council meetings described above). Tasks and Information to be Provided by Others I. Obtain CD of property owner information from Los Angeles County Assessor's Office (GFB-Friedrich will prepare request form and provide a check for required amount to expedite this task). 2. Up-to-date maps, reports, resolutions and other data relating to the project (City staff has recently been responsible for preparing resolutions and for obtaining legal reviews of such resolutions). A reproducible map of the City, suitable for photographing on mylar. 4. Provide appropriate input for estimates of maintenance and servicing of improvements for inclusion in each Engineer's Report. 5. Other consultants whose services are required to complete the project. Environmental documentation to meet CEQA requirements, if necessary. Project Schedule A schedule for the 2008-09 fiscal year indicating project milestones is presented on the attached page as Exhibit "B. " Project Fee Consultant proposes to invoice the City monthly on a time and materials not -to -exceed basis for services provided during the previous month. Reimbursable items will be invoiced additionally at our cost. Sub -consultants, such as Rapid Data will be invoiced additionally at our cost plus ten percent (10%). All such reimbursable costs and sub -consultant fees are included in the total cost for the work described above. Diamond Bar A.D. Proposal — FY 09-09.doc Mr. Patrick Gallegos February 13. 2008 Page 4 Additional items of work outside of the Proposed Scope of Services provided above will be invoiced per Consultant's "Schedule of Hourly Rates, " dated January 1, 2008, and attached hereto as Exhibit "A." Such additional work shall not commence without prior authorization from the City. The total fee for the FY 2008-09 Updates of Assessment District Nos. 38, 39 and 41 is proposed to be $12,950.00; distributed by district as follows: Assessment District No. 38 $4,000.00 Assessment District No. 39 $4,475.00 Assessment District No. 41 $4,475.00 Closure GFB-Friedrich appreciates being given the opportunity to submit this proposal. We want to continue doing this work for you. If this proposal is accepted, we will be pleased enter into the City's the existing Consulting Services Agreement, pending a review of said Agreement by our insurance agent. If you have any questions, please call us. Sincerely, GFB-FRIEDRICH & ASSOC., INC. John A. Friedrich, P.E. President attachment: Exhibit "A" - Schedule of Hourly Rates JAF Diamond Bar A.D. Proposal — FY 08-09.doc January 1, 2008 Exhibit "A" GFB-FRIEDRICH & ASSOC., INC. SCHEDULE OF HOURLY RATES Delivery Service $ 55.00 per hour plus mileage -or- Actual Cost plus 10 % NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through December 31, 2008 and shall be subject to annual revision based on changes in the cost of living. GFBF Rates -1/2008 SCHEDULE OF HOURLY RATES PAGE A-1 CLASSIFICATION RATE 1. 2. Principal Registered Engineer $ 175.00 per hour 3. Project Manager $ $ 145.00 per hour 3a. Assistant Engineer $ 107.00 per hour 96.00 per hour 4. 5. Designer/CAD CAD Drafter $ 96.00 per hour 5a. Special Districts Analyst $ $ 90.00 per hour 96.00 per hour 5b. 6. Field Inspector 2 -Man Survey Party (Standard Rate) $ $ 96.00 per hour 6a. 2 -Man Survey Party (Prevailing Wage Rate) $ 195.00 per hour 240.00 per hour 7. 8. Survey Crew Using GPS $ 300.00 per hour Survey Research/Analysis/Office Work/Drafting $ 115.00 per hour 9. Clerical $ 55.00 per hour Sub -consultants Sub -consultant Fee plus 10 % Principal Time as Expert Witness During Court Appearance, Waiting for Court Appearance, and Depositions $ 300.00 per hour Principal Time Spent on Preparation, and Office or Outside Research, Relevant to Expert Witness Work $ 220.00 per hour Blueprints, Reproduction & Courier Service Vendor Costs Job Travel $ 0.51 per mile Delivery Service $ 55.00 per hour plus mileage -or- Actual Cost plus 10 % NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through December 31, 2008 and shall be subject to annual revision based on changes in the cost of living. GFBF Rates -1/2008 SCHEDULE OF HOURLY RATES PAGE A-1 Exhibit B" CITY OF DIAMOND BAR PROPOSED SCHEDULE FOR ASSESSMENT DISTRICT NOS. 38,39 and 41 Fiscal Year 2008-09 The following proposed schedule is specifically for 1972 Act procedures when no chanes are proposed that would require mailed notices or ballot counting. City Council meetings are assumed to be on the first and third Tuesdays of each month. It is also assumed that all three assessment districts will be on the same schedule. City Council adopts Resolutions of Initiation and L.A. County Assessor's property owner information tapes are ordered Early February, 2008 Submit Preliminary Engineer's Reports and Resolutions of Intention to City Clerk to meet City Council Meeting agenda deadline, no later than April 28, 2008 City Council Meeting at which Resolutions of Intention are adopted, Preliminary Engineer's Reports are approved, and Public Hearing date is set May 6, 2008 Submit revised Engineer's Reports, if necessary, to meet City Council Meeting agenda deadline, no later than May 23, 2008 Public Hearings held at City Council Meeting, Assessment District Nos. 38, 39 and 41 are approved and confirmed, and the Resolutions Confirming the Levy of Assessments are adopted June 3, 2008 Submit digital fixed -charge assessments on CD's to Los Angeles County Auditor, on or about July 16, 2008 Correct assessment exceptions and resubmit to the County Auditor, no later than August 11, 2008 Please note that the adoption of the Resolutions of Intention can be moved forward to May 20th without changing the June 3rd Public Hearing date. Also, the entire schedule can be moved forward resulting in a Public Hearing date as late as early -to -mid July. Agenda # 6 . 7 Meeting Date: February 19, 2008 CITY COUNCIL �°AGENDA REPORT ��.. R TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: RESCIND RESOLUTION NO. 9 Y56AND ADOPT RESOLUTION NO. 2008 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING 180 FEET OF RED CURB ALONG DIAMOND BAR BOULEVARD SOUTH OF CURB RETURN AT CROOKED CREEK DRIVE AND PERMITTING RESTRICTED PARKING BETWEEN 40 FEET SOUTH OF CURB RETURN AT CHERRYDALE DRIVE TO THE NORTHERLY DRIVEWAY OF EVANGELICAL FREE CHURCH OF DIAMOND BAR. RECOMMENDATION: Rescind Resolution No. 94-56 and Adopt Resolution No. 2008 -XX. FINANCIAL IMPACT: The recommended red curb installation could be accomplished through existing Public Works programs and budgets. BACKGROUND/DISCUSSION: The City received a complaint regarding unsafe egress from Cherrydale Drive due to cars parked south of the curb return at Crooked Creek Drive along the southbound side of Diamond Bar Boulevard. Cherrydale Drive is a residential cul-de-sac street that intersects with Diamond Bar Boulevard. There have been resident complaints about the lack of clear sight distance along Diamond Bar Boulevard as viewed from Cherrydale Drive. Residents state that they have insufficient clear view of Diamond Bar Boulevard traffic approaching from the north. At the December 6, 1994 City Council Meeting, members of the Evangelical Free Church of Diamond Bar requested permission to park along southbound Diamond Bar Boulevard from 100' south of curb return at Crooked Creek Drive to the northerly driveway of the church on Sundays. The Traffic and Transportation Commission recommended to Council that the church request to park on the aforementioned segment of Diamond Bar Boulevard be granted until the installation of a double left- turn/intersection modification on southbound Diamond Bar Boulevard at Brea Canyon Road commenced. Council agreed with the Commission's recommendation and subsequently approved Resolution No. 94-56, which allowed parking along southbound Diamond Bar Boulevard from 100' south of curb return at Crooked Creek Drive to the northerly driveway of the church on Sunday from 6AM — 10PM and Wednesday from 8:30AM — 12:30PM and 6:45PM — 9:45PM. Recently, staff completed a field study to measure the line of sight distance at the intersection of Cherrydale Drive and Diamond Bar Boulevard. The line -of -sight is the clear visible distance between an exiting vehicle and approaching traffic. A minimum recommended line of sight can be calculated on the basis of sight -distance guidelines that consider factors such as the speed of on -coming traffic and lane widths. The line - of -sight distance for exiting Cherrydale Drive requires an additional 180' of red curb south of curb return at Crooked Creek Drive along southbound Diamond Bar Boulevard. The line -of -sight distance is illustrated in the attached Aerial Map. On the basis of the safe -stopping sight distance calculated at the intersection, staff recommends installing 180' of red curb along southbound Diamond Bar Boulevard between Crooked Creek Drive and Cherrydale Drive. Restricted parking will continue to be permitted along Diamond Bar Boulevard between 40 feet south of curb return at Cherrydale Drive and the northerly driveway of Evangelical Free Church. Staff maintains that the suggested red curbing will enhance safety in the area. Evangelical Free Church has been informed of staff's recommendation; Pastor Mark Hopper has discussed this with the residents and there is concurrence that the proposed change is acceptable. PREPARED BY: Patrick Gallegos, Management Analyst Date Prepared: February 12, 2008 REVIEWED BY: Dai . Liu, Director of Public Works Attachment: Resolution No. 2008 -XX Aerial Map Resolution No. 94-56 [ ' Red Curbti dr ' 1. 1 11 1 1 1 1 1 1 1 GEOVIEWER WINDOWS 95 v8 21700 N' RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESCINDING RESOLUTION NO. 94- 56 AND INSTALLING 180 FEET OF RED CURB ALONG DIAMOND BAR BOULEVEARD SOUTH OF CURB RETURN AT CROOKED CREEK DRIVE AND PERMITTING RESTRICTED PARKING HOURS ALONG SOUTHBOUND DIAMOND BAR BOULEVARD BETWEEN 40' SOUTH OF CURB RETURN AT CHERRYDALE DRIVE TO THE NORTHERLY DRIVEWAY OF EVANGELICAL FREE CHURCH OF DIAMOND BAR A. RECITALS. WHEREAS, public safety concerns have been expressed for the need to establish a parking policy that prohibits parked vehicles from creating line -of -sight problems; and WHEREAS, Section 22507 of the California Vehicle Code permits local authorities to restrict parking on streets under their jurisdiction; and WHEREAS, the City's Public Works/Engineering Department has determined there is a line -of - site problem south of the curb return at Crooked Creek Drive along southbound Diamond Bar Boulevard, and thus a need to restrict vehicles from parking any time along this portion of roadway to maintain clear line -of -sight; and B. RESOLUTION NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Said action is pursuant to Sections 10.08.010 and 10.08.080 of the City of Diamond Bar Municipal Code, as heretofore adopted; SECTION 2. The City Council hereby finds the public health, safety and welfare will be best protected by installing 180 feet of red curb south of curb return at Crooked Creek Drive along southbound Diamond Bar Boulevard as herein prescribed; SECTION 3. The City Council Resolution No. 1994-56 is hereby rescinded; SECTION 4. Parking will only be permitted along southbound Diamond Bar Boulevard between 40' south of curb return at Cherrydale Drive and the northerly driveway of Evangelical Free Church on Sundays between 6:OOAM - 10:00PM and on Wednesdays between 8:30AM - 12:30PM and 6:45PM - 9:45PM. SECTION 5. This resolution shall not become effective until the 180 feet of red curb south of curb return at Crooked Creek Drive along southbound Diamond Bar Boulevard is installed; and SECTION 5. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said red curbing to be installed. PASSED, APPROVED AND ADOPTED this _day of 2008. Jack Tanaka, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the — day of , 2008 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar RESOLUTION NO. 94- 56 RESOLUTION O! THE CITY COUNCIL O? THE CIT! OF DIMOND BAR VZRVITTING PARKING ON SUNDAYS BETV EN 6:00 A.N. AND 101o0 P.1[. ALONG SOUTHBOUND DIMOND BAR BOULEVARD n0K loot SOUTH OF CURB RETURN AT CROOKED CREEK DRIVE TO TSE NORTHERLY DRIVER Y OF EVANGELICAL FREE CHURCH OF DIAMOND BAR A. RECITALS. (i) The Traffic and Transportation Commission considered this natter at a public meeting on November 10,,'1924. (ii) At this meeting of November lo, 1994, the Traffic and Transportation Commission determined that the establishment of an on -street parking on Sundays along southbound Diamond Bar Boulevard from loot feet south of curb return at Crooked Creek Drive to this northerly driveway of Evangelical Free Church of Diamond Sar as appropriate. The Traffic and Transportation Commission recommends parking on Sundays along southbound Diamond Bar Boulevard from loot feet south of curb return at Crooked Creek Drive to the northerly driveway of Evangelical Preis Church of Diamond Bar be established until this proposed intersection modification on Diamond Bar Boulevard at Brea Canyon Road begins. NOW THERZFORE, THE CITY COUNCIL OF TSE CITY OF DIMOND BAR DOES HEREBY ?IND, DETEft1LINE AND RESOLVI AS FOLLOW:: 1. Said action is pursuant to section 15.20.010 of the Los Angeles County Code, as heretofore adopted, by reference by this City Council; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by establishing an on- street parking as herein prescribed; 3. said resolution provides for on -street parking on the westerly side of southbound Diamond Bar Boulevard from 100' feet south of curb return at Crooked Creek Drive to the northerly driveway of Evangelical tree Church of Diamond Bar; 4. On -street parking shall only be permitted on Sundays between 6:00 a.a. and 10:00 p.m. 5. This resolution shall not become effective until the on - street parking is properly posted by the City; and 6. The City Council of the City of Diamond Bar hereby authorise and direct the Mayor to cause the on -street parking as herein defined be established. PASSED, APPROVED and APPROVED this fith day of nhr, 1994 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular sooting of the City Council of the City of Diamond Bar hold on 6th day of DecPmha,- , 1994 by the following vote: AYES: COUNCIL 1[EI[BERB: Miller, Ansari, Papen, MPT/Harmony and M/Werner NOESs COUNCIL ITERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL KINBER8: None 1►TTaST: 4"'Ld�-Eycrvw Agenda # 6 8 Meeting Date: February 19, 2008 CITY COUNCIL (/ AGENDA REPORT TO: Honorable Mayor and Members of the City Council r FROM: James DeStefano, City Mang TITLE: Resolution No. 2008 -XX approving iscal Year 2007-2008 Budget Amendment RECOMMENDATION: Approve BACKGROUND: The City Council adopted Resolution #2007-38 on June 19, 2007 approving the FY07-08 Municipal Budget. The City Council has also approved additional appropriations as they have occurred throughout the year It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. DISCUSSION: The City's current adopted General Fund Budget for FY07-08 shows anticipated resources of $24,960,700. It is recommended that the resource estimate be increased by $1,087,769 to $26,048,469. The current approved General Fund appropriations budget equals $23,134,587. It is recommended that this budget be increased by $70,575 to $23,205,162. These recommended changes in the General Fund estimated resources and appropriations will result in an estimated $28,709,276, in General Fund unreserved fund balance at the end of the fiscal year. Current Budget Amendment Adjusted Budget Resources Annual Revenue $21,548,658 $1,162,769 $22,711,427 Use of Fund Balance Reserve 3,412,042 (75,000) 3,337,042 Total Resources $24,960,700 $1,087,769 $26,048,469 Total Appropriations 23,134,587 70,575 23,205,162 Impact to Fund Balance $1,826,113 $1,017,194 $2,843,307 Unreserved Fund Balance @ Beg of FY $30,456,543 $30,456,543 Less Prior Year Encumbrances C/0 (1,105,762) (1,105,762) Less Uses of Unreserved Fund Bal (3,559,812) 75,000 (3,484,812) Estimated Unreserved Fund Bal @ End of FY $27,617,082 $1,092,194 $28,709,276 General Fund Revenues: When the FY07-08 Budget was adopted careful consideration went into the preparation of the revenue estimates. There have been changes made to these estimates based on actual receipts and changes in the economy. The Other Taxes category was slightly increased due to higher than anticipated revenues from the Sales Tax Compensation Fund. This revenue along with the revenues adjusted in the State Subventions is related to the State's Triple Flip of property taxes, sales taxes and motor vehicle fees. At the time of budget preparation the estimates were based on the previous year's revenue. The actual revenues are coming in higher than anticipated. In addition the budget included an allocation for the shift of ERAF funds. This will not be taking place this fiscal year. There is a decrease in Fines and Forfeitures due to a reduction in anticipated false alarm fees. The original $25,000 anticipated is not reasonable based on actual billings and receipts of revenue. Planning Fees are being increased due to the anticipated receipt of fees related to the Aera Energy development project. In addition the Brookfield homes project is being completed quicker than anticipated resulting in higher developer fees being received. Engineering Fees are being increased primarily due to the fiber optic service work that Verizon will be completing in the City. Transfers -in Other Funds is being increased to account for funds from Prop A — Safe Parks Act. These funds were received this fiscal year as a reimbursement for the Youth Master plan Implementation staff expenditures which were incurred in the previous two fiscal years. General Fund Expenditures: The changes to the General Fund expenditures are also outlined in Exhibit A. Highlights of the changes in appropriations are: • Special Legal Services has been increased to cover additional costs associated with various lawsuits the City is currently involved in. • Although there is no net change to the Information Systems budget, it is important to note that there have been some savings in computer maintenance, contract services and professional services. This enables the City to acquire specialized fire protection equipment for the computer server room and fund the continuing purchase of imaging data from the County. • Public Information's budget has been increased to cover costs of the City's participation in various events and continued advertising of the Diamond Bar Center in regional publications and bus shelters. • The Law Enforcement special events contract services has been increased to cover costs related to the back filling of officers for training and the motorcycle officer vacancy. Agenda No. 6.8 Revised Page 3 of Report Revised Page 3 — Mid Year Budget Report • Animal Control's budget is being increased by $15,000 to cover the cost of the recently approved animal shelter capital improvement project. • Neighborhood Improvement has been increased to cover higher than anticipated graffiti removal services. There are a few changes to the Economic Development budget resulting in an over all decrease of $75,000. There were several items included in the Professional Services line item. There was $350,000 budgeted for economic development specific plans. With the removal of the golf course development this item will be reduced to $275,000. $20,000 will be reallocated to assist in the design of a new website for the Diamond Bar Center, development of a business directory for the City's website and various other business license outreach programs. • Public Works contract services for industrial waste has been increased due to the County's increased health inspections. Earlier in the fiscal year it was decided that the City should purchase a mobile message board to alert the public of major construction projects affecting traffic and to provide a mechanism to broadcast other special information to the public. At that time funds were moved from various line items to cover the cost. These funds are being replaced. In addition the line item for signal maintenance is being increased due to higher than anticipated costs. There are brief explanations of all of the adjustments to the General Fund appropriations on page 3 of Exhibit A. Capital Improvement Projects (CIP) and Other Funds: The Mid Year Budget Amendment includes changes to the City's CIP program resulting in a net increase of $1,046,389. Of this amount, $978,389 will be funded with Prop 1 B Transportation Bond funds. Prop 1B has a broad category of eligible uses. The following are the highlights of the changes in the CIP program: Project #23307 — Traffic Calming — Prospectors Road and Sunset Crossing involves the construction of landscaped median islands and curb extensions which qualify for Prop 1 B since these improvements will result in increased traffic safety. This project has been enhanced to include additional medians, curb extensions and landscape improvements to meet residents' expectations. As a result the budget is being increased to cover these additional landscape and irrigation improvements. The increase of $220,000 will be covered by Prop 9B Transportation Bond. • Project #23207 — Interconnect Links — Phase I has been increased due to the change in the material used from copper wire to fiber optic lines. Fiber optic lines require a separate conduit from the traffic signal conduits which also adds to the cost. This change will allow for increased data transmission and future expansion. The increase of $285,000 will be covered by Prop C Funds. • Project #23208 — Interconnect Links — Phase II has also been increased due to the change in materials used similar to Phase I. Since this project is a necessary component to implement the Traffic Management System and will improve traffic flow on the major arterials though out the City, the increase of $465,000 will be covered by Prop 1 B. • Project #01408 — Slurry Seal/Overlay Area 4 contains roadways that have been observed to be in worse condition than previously thought. The original budget was based upon the City's Pavement Management System report that was based on conditions observed in 2004. At this time the budget is being increased by $73,389 from the General Fund. • Project #23908 — Zone 2 Arterial Slurry Seal contains roadways that have been observed to be in worse condition than previously thought. The original budget was based upon the City's Pavement Management System report that was based on conditions observed in 2004. Since this reduces the deterioration of the City's arterial roadway network this project is eligible for funding with Prop 1 B funds. The project will be funded with a combination of General Fund and Prop 1 B Funds. The General Fund's portion has been reduced by $73,389 to $276,611 and the Prop 1 B's portion will be $293,389 for a total of $570,000. • Project #24908 — Traffic Management System is being increased to cover the acquisition of network communications equipment which is being reimbursed by the County. • Project #22907 - Brea Canyon Road/Golden Springs Traffic Signal Modifications budget is increased to add a missing interconnect link. This increase is covered by Prop C Funds. • Project #23107 — Golden Springs at Racquet Club Traffic Signal Modifications incurred additional costs due to Edison service requirement and relocation of Edison facility. This increase is covered by Prop C Funds. • Project #22408 — Brea Canyon Road and Pathfinder Traffic Signal Modifications is being reduced by $20,000 since the design was completed in the previous fiscal year. • Project #24508 — Brea Canyon Road and Diamond Bar Blvd. Traffic Signal Modifications is being reduced by $25,000 due to a reduced scope and the fact that some of the traffic signal components are in better condition than anticipated. • Project #24608 — Golden Springs and Lemon Traffic Signal Modifications is being reduced by $40,000 due to a reduced scope and the fact that some of the traffic signal components are in better condition than anticipated. • Project #25408 — Grand Ave Beautification — Montefino to Eastern City Limits is being deferred until next fiscal year. The design will be completed this year. As a result the budget is being reduced by $250,000. 0 • Project #21706 — Trail Access — Diamond Bar Center/Clear Creek at Steep Canyon is being increased by $5,000 due to the award of a grant from Waste Management's 2008 Great American Clean Up Awards. Prop A Transit Fund Increases in the Prop A Transit Fund are a reflection of the popularity of the City's transit subsidy program and dial -a -cab program. Each of these programs continues to grow as traffic increases and fuel cost rise. Prop C and Prop 1 B Funds These budgets have been adjusted according to the changes in the CIP plan. Prop A - Safe Parks Fund There are two components of the changes to this fund: The first is the receipt of $1,062,895 this fiscal year which reimbursed the City for expenses incurred in prior years. Of this amount $795,000 was received for the Sycamore Canyon Park improvement project, $120,261 was received for the Sycamore Canyon Trailhead project and the balance of $147,634 was to fund the staff expenses related to the implementation of the Youth Master Plan. The second component is the budgeting funds to help meet the criteria for "Youth Employment Goals" for the L.A. County Safe Parks Act program. The budget of $19,600 will be used to contract with the California Conservation Corp. to repair the trails at the Diamond Bar Center, clear the Summitridge Park Trail and remove graffiti at Sycamore Canyon Park. FINANCIAL IMPACT: General Fund The Mid -Year Budget Amendment includes an increase in estimated revenue for the General Fund in the amount of $1,087,769 to account for various items outlined in Exhibit A. It also includes an increase in General Fund annual appropriations in the amount of $70,575 also outlined in Exhibit A. Capital Improvement Projects Changes to the Capital Improvement Projects (Exhibit A) list include a changes amounting to $1,046,389. Special Funds Changes to the other funds are outlined in Exhibit A. 5 The following is a brief recap of the changes: General Fund Changes 1,087,769 70,575 1,017,194 Grand Totals $4,960,303 $3,315,848 $1,644,455 Overall the Mid Year Budget amendment proposes an increase in Estimated Revenue of $4,960,303 for all funds and an overall increase in Appropriations of $3,315,848 for all funds. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finance DiMctor Assistant City Manager Attachments: Resolution and Exhibit A - Budget Worksheets; Exhibit B - Changes in Capital Improvement Projects Revenue Appropriations Fund Bal Increase/ Increase/ Net Increase (Decrease) (Decrease) (Decrease) Special Funds Prop A Transit Fd 100,000 165,000 (65,000) Prop C Transit Fd 223,000 (223,000) TEA Fund (250,000) (250,000) 0 Prop 1113 Fund 978,389 978,389 0 Prop A - Safe Parks Fd 1,082,495 1,082,495 0 Capital Improvement Projects Fd 1,961,650 1,046,389 915,261 Total Special Fund Changes $3,872,534 $3,245,273 $627,261 General Fund Changes 1,087,769 70,575 1,017,194 Grand Totals $4,960,303 $3,315,848 $1,644,455 Overall the Mid Year Budget amendment proposes an increase in Estimated Revenue of $4,960,303 for all funds and an overall increase in Appropriations of $3,315,848 for all funds. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finance DiMctor Assistant City Manager Attachments: Resolution and Exhibit A - Budget Worksheets; Exhibit B - Changes in Capital Improvement Projects RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY07- 08 MUNICIPAL BUDGET. WHEREAS, the City Council has adopted Resolution No. 2007-38, A Resolution of the City Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2007 and ending June 30, 2008 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (herein referred to as the "Budget"); and WHEREAS, the City Council may choose to amend the Budget from time to time throughout the fiscal year; and WHEREAS, an amendment to the FY 2007-08 Budget is attached as Exhibit A; and WHEREAS, the Amendment has been discussed by the City Council at a City Council meeting; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the FY07-08 Annual Budget be amended as set forth in the attached Exhibit A. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown on the attached Exhibit. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of .2008. Jack Tanaka, Mayor 7 I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk of the City of Diamond Bar Exhibit CITY OF DIAMOND BAR GENERAL FUND BUDGET AMENDMENT SUMMARY FY 2007-2008 APPROPRIATIONS Original Previous Current Adjusted YTD @ % of ESTIMATED RESOURCES Budget Adjustments Budget Amendment Budget 1/31/2008 Estimate Property Taxes Other Taxes 3,535,000 10,250 3,535,000 10,000 3,535,000 2,052,382 58.1 State Subventions 6,210,000 4,008,525 6,210,000 19,500 6,229,500 2,703,555 43.4% From other Agencies 245,000 4,008,525 698,475 4,707,000 2,292,777 48-7% Fines and Forfeitures 527,500 245,000 527,500 245,000 13,376 5.5% Building Fees 690,500 930,910 1,684,150 (19,500) 508,000 288,239 56.7% Planning Fees 823,320 690,500 690,500 379,123 54.9°!° Engineering Fees 542,000 7,000 823,320 286,660 1,109,980 953,082 85.9% Recreation Fees 720,663 542,000 30,000 572,000 318,613 55.7% Special Event Fees 84,000 720,663 720,663 371,043 51.5% Rents & Concessions 617,000 84,000 15,000 84,000 46,900 55.8% Investment Revenue 750,000 617,000 617,000 366,303 59.4% Other Revenues 1,265,050 11,680 750,000 1,276,730 750,000 504,877 67.3% Transfers -In Other Funds 1,518,420 1,518,420 147,634 1,276,730 9,540 0.7% Reserved Fund Balance - Econ Dev 573,600 317,450 20,000 1,666,054 474,011 28.5% Reserved Fund Balance - CIP 2,838,442 573,600 (75,000) 498,600 50,983 10.0% Total Resources 24,949,020 11,680 2,838 ,442 24,960,700 1,087,769 2,838,442 26,048,469 331,048 0.0% Park Operations 849,360 11,680 864,330 861,040 864,330 10,824,8Y4-41.6% 46.2% APPROPRIATIONS City Council City Attorney 175,640 175,640 175,640 84,764 48.3% City Manager/City Clerk 240,000 953,690 10,250 240,000 10,000 250,000 104,927 42.0% Finance 407,800 963,940 963,940 456,012 47.3% Human 243,620 407,800 407,800 214,808 52.7% InnformformResources Information Systems 930,910 243,620 243,620 98,235 40.3% General Government 1,684,150 930,910 1,684,150 0 930,910 438,858 47.1% Public Information 513,290 513,290 1,684,150 977,029 58.0% Law Enforcement Volunteer Patrol 5,333,500 7,000 5,340,500 22,500 30,000 535,790 5,370,500 220,869 2,298,490 41.2% 42.8% Fire Protection 9,250 16,360 9,250 9,250 5,580 60.3% Animal Control 105,600 16,360 16,360 2,888 17.3% Emergency Preparedness 43,290 105,600 15,000 120,600 66,658 55.3% Community Dev./Planning 975,580 43,290 43,290 8,246 19.0% Building &Safety 456,130 975,580 975,580 265,381 27.2% Neighborhood Improvement 317,450 456,130 456,130 197,692 43.3% Economic Development 718,200 317,450 20,000 337,450 162,554 48.2% Community Services 613,430 718,200 (75,000) 643,200 126,755 19.7% Diamond Bar Center - Operations 864,330 613,430 613,430 331,048 54.0% Park Operations 849,360 11,680 864,330 861,040 864,330 399,351 46.2% Recreation 1,611,625 1,611,625 861,040 365,780 42.5% Public Works 782,650 125,100 907,750 5,000 1,611,625 810,208 50.3% Engineering 355,900 355,900 912,750 384,676 42.1% Road Maintenance 1,226,970 1,226,970 43,075 355,900 1,270,045 108,576 30.5% Landscape Maintenance 350,790 350,790 385,496 30.4% Transfer -Out Other Funds 3,201,042 3,201,042 350,790 181,507 51.7% Total Appropriations 22,980,557 154,030 23,134,587 70,575 3,201,042 11300,861 40.6% 23,205,162 9,997,249 43.1% Est. Excess Resources over Approp. Unreserved Fund Balance @ Beg of FY 1,968,463 30,456,543 (142,350) 1,826,113 1,017,194 2,843,307 827,555 Less Prior Year Encumbrances Carried Over (1,105,762) 30,456,543 30,456,543 30,456,543 Less Uses of Unreserved Fund Balance(3,412,042) (147 770) (1,105,762) (1,105,762) (1,105,762) Est Unreserved Fd Bal @End of FY 827 907 9ro rR�on ��m (3 559,812) cow 75,000 (3,484,812) (50983 ) Page 1 Exhibit A FY2007-2008 BUDGET AMENDMENT GENERAL FUND REVENUE Description Account # Current Budget Mid Yr Amendment Adjusted Budget Other Taxes (19,500) 34430 100,000 40,000 Explanation Sales Tax Comp Fund 31011 1,030,000 19,500 1,049,500 Based On Higher Receipts 5,000 (1,000) 34630 19,500 1,000 34650 State Subventions 30,000 30,000 VLF Property Tax in Lieu ERAF Revenue 31701 4,000,000 301,000 4,301,000 Based On Higher Receipts 31885 (397,475) 397,475 0 Budget Correction 698,475 Fines and Forfeitures Municipal Code Fines False Alarm Fees Planning Fees Current Planning Fees Developer Fees Engineering Fees Permit Fees - Engineering Encroachment Permit - Engr Soils/Misc Engr Fees 32210 500 500 32270 25,000 (20,000) (19,500) 34430 100,000 40,000 34550 713,320 246,660 286,660 34620 5,000 (1,000) 34630 7,000 1,000 34650 50,000 30,000 30,000 Transfer In - Other Funds Transfer In - Prop A Safe Pks 39123 Reserved Fund Balance -Econ Dev 53,000 147,634 147,634 573,600 (75,000) (75,000) $1,087,769 Page 2 1,000 Budget Refinement 5,000 Budget Refinement 140,000 Increased Admin Fees- Aera 959,980 Brookfield Homes Fees 4,000 Budget Refinement 8,000 Budget Refinement 80,000 Verizon - fiber upgrades 200,634 Prior FY Staff Reimbursement 498,600 Reduction in Prof Svcs Exhibit A FY2007-2008 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Revised 02/06/07 Description Account # Current Budget Mid Yr Amendment Adjusted Budget 3,075 City Attorney (001 4020) 180,000 20,000 46250 23,075 Explanation General Legal Svcs 44020 90,000 10,000 100,000 Budget Refinement 10,000 Information Systems (001-4070) Computer Maintenance Professional Services 42205 44000 237,060 (20,000) 217,060 Tr Mgt Sys not on maint this FY Prof Svcs -Data Processing 44030 179,40040,000 179,400 ( ) 139,400 Reduced GIS consulting. Contract Services 45000 39,800 (2,000) 177,400 Lower than anticipated cost - T-1 Svc Computer Eq - Software 46235 24,000 (8,000) 31,800 Chgs in cost of telephone maint. Misc Equipment 46250 1,000 12,500 36,500 LA Cnty Regional Imaging software 57,500 58,500 Fireui rotection equip q p -server room 0 Public Information (001-4095) Promotional Supplies Advertising Prof Svcs Law Enforcement (001-4411) CS - Sheriff / Special Events Animal Control (001-4431) CS - Animal Control 41400 20,000 5,000 42115 30,000 7,500 44000 102,300 10,000 22,500 45402 45403 Neighborhood Improvement (001-5230) CS - Graffiti Removal 45520 Economic Development (001-5240) Professional Services Public Works (001-5510) CS - Industrial Waste Road Maintenance (001-5554) Road Maint Supplies Small Tools & equipment Signal Maintenance Misc Equipment 44000 45530 122,000 30,000 30,000 95,600 15,000 15,000 70,000 20,000 20,000 535,000 _ (75,000) (75,000) 25,000 5,000 5,000 41250 15,700 15,000 41300 1,925 3,075 45507 180,000 20,000 46250 23,075 5,000 43,075 $70,575 Page 3 25,000 Incr participation - Special Evils 37,500 Adnl ads - DBC, Bus Shelters etc 112,300 Adnl design secs for ads. 152,000 Backfill training/motor 110,600 Animal shelter improvements. 90,000 Higher than anticipated usage. Remove Golf Course studies, add DBC website & business license 460,000 outreach 30,000 Increased health inspections 30,700 Message board purchase. 5,000 Message board purchase. 200,000 Increased Maintenance Costs 28,075 Message board purchase. Exhibit A FY2007- 2008 BUDGET AMENDMENT SPECIAL FUNDS CHANGES Description Account # Current Budget Mid Yr Amendment Adjusted Budget Transfer out - CIP 49250 2,044,740 223,000 2,267,740 Interconnect Links - Ph 1 285,000 Explanation Prop A Transit Fund (112) Fiber extension for future expansion Tr Signal - Gldn Spgs/Rqt Club 8,000 Correct missing interconnect link Revenues 15,000 Edison costs & pole switch TS Mods -BCR/DB Blvd (20,000) Scope adjustment Transit Subsidy Revenue 34850 750,000 100,000 850,000 Increased Usage of Program Expenditures 223,000 Transportation Efficiency Act (TEA) Fund CS - Dial A Cab Svcs Transit Subsidy Pgm - Sub 45529 45533 315,000 35,000 350,000 Increased Usage of Program Transit Subsidy Pgm -Fares 45535 250,000 750,000 30,000 280,000 Increased Usage of Program 100,000 850,000 Increased Usage of Program Prop C Transit Fund (113) Expenditures Transfer out - CIP 49250 2,044,740 223,000 2,267,740 Interconnect Links - Ph 1 285,000 TS Mods -BCR/Gldn Spgs Fiber extension for future expansion Tr Signal - Gldn Spgs/Rqt Club 8,000 Correct missing interconnect link TS Mods - BCR/Pathfinder 15,000 Edison costs & pole switch TS Mods -BCR/DB Blvd (20,000) Scope adjustment TS Mods - Gldn Spgs/Lemon 25,000 ( ) Scope adjustment (40,000) Scope adjustment 223,000 Transportation Efficiency Act (TEA) Fund Revenues TEA Revenue 31845 1,018,000 (250,000) 768,000 Deferred Grand Ave Project (250,000) Expenditures Transfer out - CIP Prop 113 Bond Fund (120) Revenue Prop 113 Revenue Interest Revenue Expenditures Transfer out - CIP TC-Prspectors Rd & Sunset Xng Interconnect Links - Phase II Arterial Slurry Seal -Zone 2 Prop A - Safe Parks Fund (123) Revenue Prop A - Safe Parks Revenue Expenditures Contract Services Transfer out - General Fund Transfer out - CIP 49250 1,018,000 _(250,000) (250,000) 31733 0 968,389 36100 0 10,000 978,389 49250 0 978,389 220,000 465,000 293,389 978,389 31815 123,938 1,082,495 19,600 1,062,895 1,082,495 45300 0 19,600 39001 53,000 147,634 49250 70,938 915,261 1,082,495 4 768,000 Deferred Grand Ave Project 968,389 State Bond Revenue 10,000 Funds available for investment. 978,389 1,206,433 Landscape and Irrigation Incr Fiber extension for future expansion Change in scope of project. Youth Employment Funds Reimb-prior yr Syc Cyn Pk & trailhead impr 19,600 Trail Maint by CA Cons Corp. 200,634 Reimb for prior yr staff chgs 986,199 Reimb-prior yr Syc Cyn Pk & trailhead impr Exhibit A FY2007- 2008 BUDGET AMENDMENT SPECIAL FUNDS CHANGES 1,961,550 Expenditures Street Improvement Proj 46411 5,336,957 293,389 5,676,757 Changes in CIP Projects Traffic Mgt/Safety Projects 46412 3,319,780 998,000 4,364,192 Changes in CIP Projects Landscape Improvements 46416 637,500 (245,000) 438,916 Changes in CIP Projects 1,046,389 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation CIP Fund (250) Revenue Transfer in - Prop C Transit 39113 2,044,740 223,000 2,267,740 Changes in CIP Funding Transfer in - TEA Fund 39114 1,018,000 (250,000) 768,000 Deferred Project Transfer in - Prop 1B Bond 39120 0 978,389 978,389 Changes in CIP Funding Transfer in - Prop A Sparks 39123 915,261 915,261 Pr Yr Reimb - Syr Cyn Pk & Trail LA County Reimbursement 90,000 90,000 Tr Mgt Prgm Reimb Park Grant 31820 0 5,000 5,000 New Beautification Grant Funding 1,961,550 Expenditures Street Improvement Proj 46411 5,336,957 293,389 5,676,757 Changes in CIP Projects Traffic Mgt/Safety Projects 46412 3,319,780 998,000 4,364,192 Changes in CIP Projects Landscape Improvements 46416 637,500 (245,000) 438,916 Changes in CIP Projects 1,046,389 Exhibit A Mid Year FY2008-09 Changes in Capital Improvement Projects Project # Description Current Funding Mid Yr Adj Adj Budget 23307 TC - Prspctrs Rd (SS Xng & Gdn Spgs) & Sunset Xing Rd (DB Blvd & Prospector) General Fund Traffic Improvement Fund State HES Revenue Prop 1 B Funds Reason: Landscape and Irrigation increase. 23207 Interconnect Links - -Phase Prop C 30,000.00 30,000.00 30,000.00 30,000.00 220,000.00 220,000.00 220,000.00 220,000.00 280,000.00 220,000.00 500,000.00 650,000.00 285,000.00 935,000.00 650,000.00 285,000.00 935,000.00 Reason: Fiber Extension to accommodate future expansion. 23208 Interconnect Links - Phase II General Fund (previously rec'd from LA Cty) 230,000.00 230,000.00 Prop C - Transit Fund 320,000.00 320,000.00 Prop 1 B Funds 465,000.00 465,000.00 550,000.00 465,000.00 1,015,000.00 Reason: Fiber Extension to accommodate future expansion, additional funding available from Prop 1B Bonds 01408 Slurry Seal/Overlay -Area 4 General Fund 750,000.00 73,389.00 823,389.00 750,000.00 73,389.00 823,389.00 Reason: Change in scope of project, additional funding available from Prop 1 B Bonds, 23908 Arterial Slurry Seal/Overlay - Zone 2 General Fund 350,000.00 (73,389.00) 276,611.00 Prop 1B Funds 293,389.00 293,389.00 350,000.00 220,000.00 570,000.00 Reason: 24908 Traffic Management System General Fund 260,600.00 260,600.00 Prop A - Transit 224,400.00 224,400.00 LA County Equipment Contribution 90,000.00 90,000.00 485,000.00 90,000.00 575,000.00 Reason: L.A. County will reimburse City for the acquisition of equipment for this project. 22907 BCR/Gldn Springs TS Mods - Carryover Proj Prop C - Transit Fund 104,167.42 8,000.00 112,167.42 104,167.42 8,000.00 112,167.42 Reason: Project revised to add a missing interconnect link. Exhibit A Mid Year FY2008-09 Changes in Capital Improvement Projects Project # Description Current Funding Mid Yr Adj Adj Budget 23107 Gldn Spgs/Racquet Club Mods - Carryover Prod Prop C - Transit Fund 184,840.00 15,000.00 199,840.00 184, 840.00 15,000.00 199, 840.00 Reason: Edison costs and pole switch. 24408 TS Mods - BCR/Pathfinder Prop C - Transit Fund 120,000.00 (20,000.00) 100,000.00 Reason: Scope Adjustment 120,000.00 (20,000.00) 100,000.00 24508 TS Mods - BCR/DBB Prop C - Transit Fund 120,000.00 (25 000.00) 95,000.00 120,000.00 (25,000.00) 95,000.00 Reason: Scope Adjustment 24608 TS Mods - Gldn Spgs/Lemon Prop C - Transit Fund 120,000.00 (40,OOD.00) 80,000.00 120,000.00 (40,000.00) 80,000.00 Reason: Scope Adjustment 25408 Grand Ave Beautification - Montefino to ECL General Fund 50,000.00 50,000.00 SAFETEA-LU 250,000.00 (250,000.00) 0.00 300,000.00 (250,000.00) 0.00 Reason: Project deferred to FY08-09. Design to be completed this fiscal year. 21706 Trail Access - DBC/Clear Creek @ Steep Cyn Rivers & Mtns Conservancy 140,000.00 140,000.00 Park & Facility Development Fund 110,000.00 110,000.00 Great American Clean Up Grant 5,000.00 5,000 00 250,000.00 5,000.00 255,000.00 Reason: Additional funds available through grant. Grand Total 1,046,389.00 CITY COUNCIL Agenda # 8.1 Meeting Date Februaty 19, 2008 AGENDA REPORT TO: Honorable Mayor and Member o he City Council VIA: James DeStefano, City Mana TITLE: CITY COUNCIL APPOINTMENT O 2008 PARKS & RECREATION, PLANNING, AND TRAFFIC & TRANSPORTATION COMMISSIONERS FISCAL IMPACT: None. BACKGROUND / DISCUSSION: The City of Diamond Bar currently has three standing commissions that serve in an advisory capacity to the City Council. City Council Members are authorized to appoint one individual each to the Parks & Recreation, Planning, and Traffic & Transportation Commissions, respectively, to serve two-year terms. Upon the end of each term, City Council Members may choose to reappoint standing Commissioners or choose new appointees. February 29, 2008 marks the end of the current term. At this time, it is appropriate for the City Council to make their Commission appointments for the next two years. Prepared by: Ryan,McLean, Assistant to the City Manager