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HomeMy WebLinkAbout03/04/2008■ ceAgendiouncea Tuesday, March 4, 2008 5:30 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Jack Tanaka Mayor ProTem Ron Everett Council Member Wen Chang Council Member Carol Herrera Council Member Steve Tye City Manager James DeStefano City Attorney Michael Jenkins City Clerk T ommye 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 refmw from smoking, eating or drinking in the Council Chambers. The City of'Diamond Bar uses recycled paper and encourages ymt to do the same. F ETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON L 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY AINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE SED. 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 March 4, 2008 Next Resolution No. 2008-11 Next Ordinance No. 03 (2008) STUDY SESSION: 5:30 p.m., Room CC -8 ► Lighting and Landscape Assessment Districts 38, 39 and 41 — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Presentation of Certificate Plaque to Greg and Elizabeth Meraz, owners of Taqueria EI Huizache, 23545 Palomino Dr., as New Business of the Month, March, 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: March 4, 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 Planning Commission Meeting — March 11, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Traffic and Transportation Commission Meeting — March 13, 2008 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 City Council Meeting — March 18, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 15.4 State of the City — March 20, 2008 — 6:00 p.m. — 8:00 p.m., Diamond Bar Center Ballroom, 1600 S. Grand Ave. 6. CONSENT CALENDAR: E3.1 City Council Minutes: (a) Study Session of February 19, 2008 — Approve as submitted. (b) Regular Meeting of February 19, 2008 — Approve as submitted. 15.2 Traffic and Transportation Commission Minutes — Regular Meeting of January 10, 2008 — Receive and File. 6.3 Ratification of Check Register — Ratification of Check Register dated February 14, 2008 to February 27, 2008 totaling $1,028,377.11. Requested by: Finance Department March 4, 2008 PAGE 3 6.4 Treasurer's Statement - month of January, 2008. Recommended Action: Approve. Requested by: Finance Department 6.5 Adopt Resolution No. 2008 -XX: Establishing a Reimbursement Policy in Accordance with Government Code Section 53232.2 and 53232.3 and Rescinding Resolution No. 2006-24 in its Entirety. Recommended Action: Adopt. Requested by: City Manager 6.6 Approval of Contract Amendment with Advantec Consulting Engineers for the Design of Traffic Signal Improvements at Golden Springs Dr./Lemon Ave. and at Brea Canyon Rd./Diamond Bar Blvd. in the Amount of $18,000 Plus a Contingency Amount of $2,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $20,000. Recommended Action: Approve. Requested by: Public Works Department E3.7 Status Report on Interim Urgency Ordinance No. 2(2008) Adopted to Prohibit the Issuance of Permits for Establishment of Amusement, Entertainment and Other Specified Congregation Uses in the Commercial and Office Zoning Districts Pursuant to Government Code Section 65858(d). Recommended Action: Approve and Issue Report Pursuant to Government Code Section 65858. Requested by: Community Development Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Ordinance No. 02A (2008) Extending Ordinance No. 02(2008) Prohibiting the Issuance of Permits for Establishment of Amusement, Entertainment and Other Specified Congregation Uses in the Commercial and Office Zoning Districts According to the Provisions of California Government Code Section 65858. Recommended Action: Open the Public Hearing, Receive Testimony and Adopt Ordinance No. 02A (2008). March 4, 2008 PAGE 4 Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: DISCUSSION OF LIGHTING &LANDSCAPING ASSESSMENT DISTRICTS #381,39f AND 41 City Council Study Session March 4, 2008 Lighting &Landscape Assessment Districts #38, 39 and 41 Topic last discussed at 12/18/07 City Council study session. Cost Categories for LLAD's Category Personnel (currently paid from Genera) Fund.) Utilities* Maintenance Contract Engineer / Advertising Equipment * 95.6% Water 4.4% Electricity Z:1 0% 45% 52% 2% 1% FY 2007-2008 District No. 38 Total estimated number of parcels: Assessment per parcel: Total estimated assessment amount: General fund contribution for personnel services/costs:. Total LLAD funds expenditure amount: Total Cost to operate LLAD #38 annually: Annual assessment per parcel should be at least: Annual assessment could be as high as: (based on CPI since 1989) 17,708 $15.00 $265,620 $29,200 $297,135 $326,335 $18.43 $31.60 District has a $59.00 Balance to Carry Over to next Fiscal Year. FY 2007-2008 District No. 39 Total estimated number of parcels: 11263 Assessment per parcel: $130.00 Total estimated assessment amount: $164,190 General fund contribution for personnel services/costs: $29,200 Total LLAD funds expenditure amount: $235,142 Total Cost to operate LLAD #39 annually: $264,342 Annual assessment per parcel should be at feast: $209.30 Annual assessment could be as high as: $273.89 (based on CPI since 1989) District has a $3,299 Balance to Carry Over to next Fiscal Year. FY 2007-2008 District No. 41 Total estimated number of parcels: 554 Assessment per parcel: $220.50 Total estimated assessment amount: $122,157 General fund contribution for personnel services/costs: $29,200 Total LLAD funds expenditure amount: $158,732 Total Cost to operate LLAD #38 annually: $187,932 Annual assessment per parcel should be at least: $339.23 Annual assessment could be as high as: $424.56 (based on CPI since 1989) District has a $33,317 Balance to Carry Over to next Fiscal Year. Assumptions Staff believes the City Council wants the Districts maintained at their current level, and is not interested in significantly reducing the maintenance level. Cost saving options that can be studied include: 1. Remove turf on medians in LLAD #38 and replace with planting materials similar to Grand Avenue• or with artificial turf. 2. Eliminate maintenance and irrigation of some slopes in LLAD's #39 & #41. 3. Implement water conservation methods listed on next slide. 4. Work with WVWD to increase availability of reclaimed water. Assumptions (Cont.) That the City Council is interested in improving the irrigation of the medians to reduce run-off and to conserve water. Options that can be studied for possible implementation include: 1. Replace over -spray irrigation systems on turf medians in LLAD #38 with below ground systems. 2. Install centralized irrigation control system with weather station technology. Staff is Seeking Direction from the City Council: To maintain the existing maintenance levels and NOT raise the existing rates for each LLAD. (This would require use of the General Fund to cover costs beyond the fees collected from the LLAD's, but no election.) 0 To increase existing LLAD rates to cover costs to maintain existing maintenance levels, and charge future Capital Improvement costs to the General Fund (In order to increase LLAD rates, an election is required for each district.) M To increase existing LLAD rates to cover costs to maintain existing maintenance levels and future Capital Improvement costs. (Also requires an election.) To maintain the existing maintenance levels and NOT raise the existing LLAD rates. LLAD rates would remain the same 38 -- $15.00 per year 39 -- $130.00 per year 41 -- $220.50 per year Estimated cost to General Fund for current maintenance levels during future fiscal years for this option (with 4% annual CPI increase): LLAD 2007/08 2008/09 2009/10 2010/11 38 $29,200 $73,175 $87,748 $101,870 39 $29,200 $107,725 $121,725 $133,160 41 $29,200 $36,975 $81,110 $89,240 Total $87,600 $217,875 $290,583 $324,270 Note: Does not include on-going maintenance costs for projects currently being designed and planned for construction: -- Sunset Crossing / Prospectors Median Landscaping Project -- Fallowfield / Cold Spring Landscaping Project To increase existing LLAD rates to cover costs to maintain existing maintenance levels, per costs on the previous slide: Estimated annual rate that will be required for existing maintenance levels for this option (with 4% annual CPI increase in cost of maintenance): LLAD 2007/08 2008/09 2009/10 2010/11 38 $15.00 $19.25 $20.00 $20.75 39 $130.00 $217.75 $226.50 $235.50 41 $220.50 $290.50 $367.00 $382.00 LLAD rates are per year To increase existing LLAD rates to cover costs to maintain existing maintenance levels and future Capital Improvement costs. Cost estimates for design and construction of these potential projects: Pathfinder Road Block Wall: $515,000. Based on approximately 2,000 LF of block wall (on the south side of Pathfinder, between SR -57 and DB BLVD.) at $230/LF. Landscaped) Mledian on Pathfinder, between SR -57 and Brea Canyon Road: $170,000. Based on approximately 3,600 square feet of median area.. Diamond Bar, Blvd. Street Lights, dark spots between Brea Canyon Rd. and Cold Spring Lane: $110,000. Based on 3,000 feet of length between Brea Canyon. Rd. and Cold Spring Lane. Assuming a street light every 120 feet, at $3,500/each. Replace lantana with day lilies on Golden Springs and Lemon medians: $10,000 Improve areas under Fwy over crossings with hardscape similar to Caltran's work at Golden Springs / 57 Fwy: $600,000 each (One per year) Total AnnualCost for above CIP projects: $1,405,000 Annual cost per parcel just for CIP projects above (17,708 parcels in LLAD #38): $80.00 LLAD #38 Approximate annual cost per parcel per $100,000 cost (17,708 parcels in LLAD #38): $5.65 LLAD #39 - Approximate annual cost per parcel per $10,000 cost (1,263 parcels in LLAD #39): $7.92 LLAD #41 Approximate annual cost per parcel per $10,000 cost (554 parcels in LLAD #41): $18.05 Which option? Please provide direction to staff. To maintain the existing maintenance levels and NOT raise the existing rates for each LLAD. (This would require use of the General Fund to cover costs beyond the fees collected from the LLAD's, but no election.) M To increase existing LLAD rates to cover costs maintenance levels, and charge future Capital' General Fund (In order to increase LLAD rates. each district.) •. to maintain existing Improvement costs to the an election is required for To increase existing LLAD rates to cover costs to maintain existing maintenance levels and future Capital Improvement costs. (Also requires an election.) Appendix LLAD #38 4j I � i �Y f s �ti a i6 F "Irl . • l i w it -_ F v 't` ✓� tt� LLAD #39 LLAD #41 http:/Idata.Els.govjPDQJservleti5urveyOutput5ervlet File Edit View Favorites Tools Help ik 44 I -t Burew of Labor 'Stalblsbcs Data It.- 811 iris Base htiod: 1962-8100 1--X-1 Liye search 11_1 MI 1 - * - L- ° Page - *Tools - » 124..6 125.5 !126.2 1127.2 ',128.3 129.7 129.0 1128.9 1130.1 130.0 1130.0 130.6 1128.3 126.8 ''129.8 1321 134.5 134.2 134.6 £35,0 136.3 '137.7 -13$7 113-9 !134:2 1135.9 134.0 1137.7 .l. ___.. `:. 140.0 _39.9 139.7 1 -'0�7 �G0.8 140 ._ _ .8 _ 142.7 1426 2429 143.5 ! 143.4 ! 141- 140.3 142.6 144.3 1449 £45.5 c1: i4&0 146.2 6.' £46.9 147.4 1$&4 14&2 !14$2 146,5 145.5 I$7:6 ._ ._..._.:... ...._._ �.�. c� - -- 149.2 150.0 149.8 149,9 50.1 149.7 1499 !%50.2 150.9 1151.6 1151.9 1150.3 149.8 1150.7 152..2 1522 1S25 11520 151.4 151.3 151.? YSP.D 11527 153.4 '1529 -1153.4 --1523 451.9 11527 -. __- _--- _ 54.6 _. + G' _ 55 1 154.6 5 1154.4 _ 154.3 154.5 - ' S4, ! 154.6 155.2 X4.4 154.6 154.6 1 7 1154.6 155.7 156..2 157.3 157 1575 156.7 157.6 !157.3 !35&2 15&8 58.4 !15&3 --7.5 156.9 158.1 159.1 159.2 159.8 .155.9 159.5 159.4 595 1159.7 1160.5 161.1 _ 1612 13=..0 159.5 160.5 161.0 161.1 161.4 :16£.8 1623 1622 'ri626 !1626 163.2 _F 153.5 _52.3 161.6 X162.9 .. ..1.22..2 . +. 164.2 1666 165.0 166.6 156.2 165.4 166.3 11167.2 167.2 __ £67.3 -81 165.3 116&8 167.9 169.3 170.7 :170.6 171.1 171.0 - 1722 '173.3 173.8 1` 'i.?3.5 - 1.5 170.1 �173A 2169 2222_. 711_0 - - - 1742 175 v&2 " 11765 1775 178.9 £7&4 T17&8 17&3 '_771 17&5 178.2 Y7&9 1801 161.1 1822 1826 181.9 181.2 .163.0 ISM 183:7 _e' 7 2.2 181.1 183.3 -1122 1652 1665 18&2 - 186.4 18&3 118&3 '186.9 188.2 187.8 7.0 186.7 1187.2 18&5 190.1 191.5 5 193.3 193.1934 1193.1 ! 194.5 19&3 9F '3 =.2 191.5 194,9 195A 197 < 99.2 _ 201.5 200.71201.4 203.1 205.8 20&9 205E 1 3 199.2 204.5 20&0 207.5 20&5 2206 2224 211.2114 2119 12129 211w1 2111 2146 - X14 209.3 X211.6 ._.-_ _ a-. 212.5842f4,� 21&50 217°.=2k&596217.21745217.33 X217.69721&69 21994,121937 - _.3382%&26421&41 22691E I 40 Internet +475 Jo Maximum assessment based on CPI since 1989 Based on average CPI of 4% per year #38 #39 #41 Original Assessment - 1989 15.00 130.00 220.50 1990 15.60 135.20 229.32 1991 16.22 140.61 238.49 1992 16.87 146.23 248.03 1993 17.55 152.08 257.95 1994 18.25 158.16 268.27 1995 18.98 164.49 279.00 1996 19.74 171.07 290.16 1997 20.53 177.91 301.77 1998 21.35 185.03 313.84 1999 22.20 192.43 326.39 2000 23.09 200.13 339.45 2001 24.02 208.13 353.03 2002 24.98 216.46 367.15 2003 25.98 225.12 381.83 2004 27.01 234.12 397.11 2005 28.09 243.49 412.99 2006 29.22 253.23 429.51 2007 30.39 263.36 446.69 2008 31.60 273.89 464.56 0 Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 19, 2008 Rq k A F T STUDY SESSION: M/Tanaka called the Study Session to order at 5:48 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, Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Brad Wohlenberg, Assistant City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Linda Magnuson, Finance Director; Ken Desforges IS Director; Rick Yee, Senior Engineer; Ryan McLean, Asst. to CM; Patrick Gallegos, Management Analyst, and Tommye Cribbins, City Clerk. Also Present: Cynthia Simms, Walnut Valley Unified School District Board Superintendent; Consultants Joanne Sturgis and Mark Rogers with TRG Land. IN.!ITATUS REPORT ON DEVELOPMENT OF SITE D (28 -acre Site at Diamond Bar Boulevard at Brea Canyon Road) CM/DeStefano stated that about eight months ago the City entered into a contract with Walnut Valley Unified School District for development of a variety of planning efforts to effectuate land uses that not only would be advantageous for the School District's sale of property but also the City's pursuit of revenue from development of the properties owned by the School District and City. CM/DeStefano introduced Mark Rogers and Joanne Sturgis with TRG Land who is the City's Consultant developing the site plan and who recently updated the ochool District. This Thursday, February 22"d Mark Rogers and Peter Lewandowski will host a public scoping meeting for preparation of the EIR. CM/DeStefano then called upon Mr. Rogers to give a more formal update on what has taken place thus far as well as what will happen in the future. Mr. Rogers emphasized the fact that this is the beginning of the process to address public concerns. He presented an historical synopsis of the property. Of the 21 usable acres, 11 -acres are proposed for commercial -retail property and about 10 -acres consisting of two residential pads with extra ground on the extreme southwest portion that may be used as a small pocket park. All dirt will be maintained onsite. The Cherrydale entrance is proposed to be signalized and in accordance with the traffic mitigation one additional lane will be required for Brea Canyon Road by 2030. The project intends to move pedestrian traffic from the residential area to the commercial site. C/Tye asked if the '/z million yards of grading on the retail -commercial site would put it at street level. v FEBRUARY 19, 2008 PAGE 2 CC STUDY SESSION Mr. Rogers responded that the site would be at grade with the street with the exception of a few locations. CM/DeStefano responded to C/Tye that the footprint of the Target store is about 13 acres. Retails want a lot of parking and based on square footage per acre a neighborhood shopping center would consist of about 10,000 sq. ft. per acre for a total 100,000-110,000 sq. ft. center. Target is a 130,000 sq. ft. store. This site would be more akin to a Von's/Savon product. However, it could also go up to Expand to a higher FAR (floor area ratio) which will depend on what the market requires and what buyers and developers are able to acquire. This site has freeway visibility and great neighborhood need. C/Herrera asked if the commercial development would be at grade and whether there would be a berm or other type of buffer between the commercial and residential developments. Mr. Rogers visually indicated how the trail would create a type of berm and said there would likely be some type of opaque wall. CM/DeStefano explained why it could be positive to develop the property in a "down" market. There are several developers interested in having an opportunity to bid on the site. At some point the District will have to decide whether it wishes to break up the site and sell it in two or three parcels or sell it as one parcel. CM/DeStefano responded to M/Tanaka that the City controls the density. Mr. Rogers stated that the project would be conditioned accordingly. The City proposes to put in place the umbrella entitlements, to erase buyer doubts and to save the buyer's time that they would normally spend attending to these details. The intent is to come in with a master plan for a commercial development at an upper level of .35 FAR so that the buyer knows it has been approved. At some point the buyer will propose a product that the City will have an opportunity to approve. This method adds value in terms of time and entitlements, which will improve the District's opportunity to collect the resources it requires. PUBLIC COMMENTS: None ADJOURNMENT: With no further business to discuss, M/Tanaka adjourned the Study Session at 6:30 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2008. JACK TANAKA, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 19, 2008 CLOSED SESSION: None DRAFT STUDY SESSION: 5:48 p.m., Room CC -8 I► Status Report on Development of Site D (Diamond Bar Boulevard/Brea Canyon Road) Public Comments: None Offered Study Session adjourned to the regular meeting at 6:30 p.m. CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:38 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported on tonight's study session presentation. No action was taken. PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: Everett and Mayor Tanaka. Mayor Pro Tem Everett led the Pledge of Allegiance. None offered. Council Members Chang, Herrera, Tye, Mayor Pro Tem Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Brad Wohlenberg, Assistant 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, Senior Engineer; Lauren Hidalgo, Public Information Specialist; Cecilia Arellano, Public Information Coordinator; Patrick Gallegos, Management Analyst; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera presented a Certificate Plaque to Assistant Fire Chief John Nieto upon the occasion of his retirement from the Los Angeles County Fire Department. Asst. Fire Chief Nieto introduced his family to the audience. NEW BUSINESS OF THE MONTH: 1.2 M/Tanaka presented a Certificate Plaque to Taza Fresh, 1220 S. Diamond Bar Boulevard #3 as New Business of the Month for February 2008. Mr. Bitar was not present to receive the award. FEBRUARY 19, 2008 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None offered. 3. 13UBLIC COMMENTS: Gary Neely introduced Tim Shaw, District Director for the Diamond Bar office of Assemblyman Huff. Dr. Gil Yanow announced that the D.B. Energy and Water Faire would be held on May 16 through 18 at the SCAQMD/Government Center under the auspices of Chautauqua Program at Cal State Domiguez Hills. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Site D (Diamond Bar Boulevard/Brea Canyon Road) Scoping Session Meeting — February 21, 2008 — 6:30 p.m., SCAQMD/Government Center Building Room CC -6, 21865 Copley Drive. 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 Drive. 5.3 Planning Commission Meeting — February 26, 2008 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Parks and Recreation Commission Meeting — February 28, 2008 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.5 City Council Meeting — March 4, 2008 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Chang moved, MPT/Everett 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 February 5, 2008 — as submitted. 6.1.2 Regular Meeting Minutes of February 5, 2008 — as submitted. FEBRUARY 19, 2008 PAGE 3 CITY COUNCIL 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of November 13, 2007 6.2.2 Regular Meeting of November 27, 2007 6.2.3 Regular Meeting of January 8, 2008 6.3 RATIFIED CHECK REGISTER dated January 31, 2008 through February 13, 2008 totaling $612,001.12. 6.4 LANDSCAPE ASSESSMENT DISTRICTS: (a) ADOPTED RESOLUTION NO. 2008-06: 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. (b) ADOPTED RESOLUTION NO. 2008-07: 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. (c) ADOPTED RESOLUTION NO. 2008-08: 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. 6.5 APPROVED FOR 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. 6.6 APPROPRIATED $475 EACH FROM LANDSCAPE MAINTENANCE DISTRICT FUND NUMBERS 39 AND 41 AND APPROVED 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. FEBRUARY 19, 2008 PAGE 4 CITY COUNCIL 6.7 ADOPTED RESOLUTION NO. 2008-09: RESCINDING RESOLUTION NO. 94-56 AND INSTALLING 180 FEET OF RED CURB ALONG DIAMOND BAR BOULEVARD 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. 6.8 APPROVED RESOLUTION NO, 2008-10: AMENDING THE FY2007-08 MUNICIPAL BUDGET. 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 — reappointment of current Commissioners Kathleen Nolan (Tye), Jack Shah (Herrera), Tony Torng (Chang), Steve Nelson (MPT/Everett) and Kwon Ho Lee (M/Tanaka). C/Herrera moved, C/Tye seconded to reappoint the current Planning Commissioners as listed. 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 8.1.2 Parks and Recreation Commission — reappointment of current Commissioners Lew Herndon (Tye), Benny Liang (Herrera), Ruth Low (Chang), Dave Grundy (MPT/Everett), Ted Owens (M/Tanaka) MPT/Everett moved, C/Chang seconded to reappoint the current Parks and Recreation Commissioners as listed. 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 8.1.3 Traffic and Transportation Commission — reappointment of current Commissioners Jimmy Lin (Tye), Kevin House (Herrera), Mike Shay (Chang), Liana Pincher (MPT/Everett), Ken Mok (M/Tanaka). FEBRUARY 19, 2008 PAGE 5 CITY COUNCIL 7 C/Chang moved, MPT/Everett seconded to reappoint the current Traffic and Transportation Commissioners as listed. 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 COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera thanked John Nieto and his family for their service to the public. She thanked M/Tanaka for the lovely lei's he provided for this evening's meeting. C/Tye thanked M/Tanaka for the lei. On February 6 he attended the wonderful Celebration of Life for Jeff Hull. On February 9 he attended the Chinese New Years' Celebration, the India Republic Day and Council of Africa n -Am eri can Parents 16th Annual Fair at Sycamore Canyon Park. On February 13 he attended the second meeting regarding the SR60/Lemon Ave. off ramp study session. He encouraged everyone to participate in Thursday's Site D Scoping Session in Room CC -6. C/Chang agreed with C/Tye's comments regarding the celebration for Jeff Hull and the diverse celebrations that have occurred in the past couple of weeks. He acknowledged Jeff Hull's contribution to AYSO and the young people he served. The Los Angeles Times recently reported that even though there is a downturn in the market D.B. seems to be holding its own and has, in fact, benefited from some growth which speaks well to its safety, infrastructure and educational opportunities. He thanked all public servants including the School District officials and teachers and the City staff. He attended a meeting hosted by CSD/Rose to discuss the hiking trails in the City. He said he was thrilled and excited to know that D.B. has many well-maintained trails for residents. He suggested that staff post trail information on the City's website. MPT/Everett stated that transportation has become a major issue and he was privileged to present the City's position, at a public hearing held February 7 SCAG's 2008 Draft Regional Transportation Plan. Critical issues include goods movement and people movement. He was pleased that more residents turned out for the SIR60/Lemon Avenue study session and asked that residents make every effort to attend as many public meetings as possible. He acknowledged Linda Magnuson, Finance Director, and herfine work on the Budget adjustment and otherdocuments. He further acknowledged the very powerful and encouraging celebration of Jeff Hull's life held at the Diamond Bar Center. He went on to say that sadly, one-year old Enzo Yun lost his life on Saturday. He spent most of Friday joining with the 10,000 family members, colleagues and peers celebrating the life of SWAT Officer Randal Simmons. He thanked the Commissioners for their service to the City and City Council and thanked residents for volunteering to serve. FEBRUARY 19, 2008 PAGE 6 CITY COUNCIL M/Tanaka also acknowledged the wonderful celebration of life for Jeff Hull. This past weekend he attended the Chinese New Year celebration that included many surrounding communities. That afternoon he celebrated with the Council of African- American Parents at their cultural faire. He attended the Three Valleys Municipal 'Water District leadership breakfast along with Finance Director Linda Magnuson. Itie and C/Tye attended the League of California Cities LA County Division meeting during which Legislative Representative Bill Higgins spoke on housing and community and economic development. He congratulated Paula Dryburgh for being recognized as a Diamond Bar Women's Club Angel. He closed by wishing a speedy recovery to his mother-in-law in Hawaii who is recovering from cataract surgery. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 7:35 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2008. JACK TANAKA, MAYOR Agenda No. 6 . 2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JANUARY 10, 2008 CALL TO ORDER: Chairman Shay called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner House led the Pledge of Allegiance. ROLL CALL: Commissioners Kevin House, Liana Pincher, Vice Chairman Kenneth Mok and Chairman Michael Shay Absent: Jimmy Lin was excused. Also Present: David Liu, Public Works Director; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer and Marcy Hilario, Senior Administrative Assistant. APPROVAL OF MINUTES: A. Minutes of the November 8, 2007 meeting. C/Pincher moved and C/House seconded to approve the minutes of the November 8, 2007 meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Pincher, VC/Mok, Chair/Shay NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin II PUBLIC COMMENTS: Iris Gay, 423 N. Rock River Drive, and Office Manager of Lorbeer Middle School, stated that in 1990 the school committee requested a "right turn only" sign at the exit of the school parking lot. She requested that the sign be changed to restricted times and that it specify "during school days only." She further requested that the phrase "do not block traffic" be added to the sign. She felt that the changes would benefit residents who regularly travel northbound Diamond Bar Boulevard and would help prevent accidents. Many staff members have expressed a desire to have the sign changed. DPW/Liu said that staff has always worked very closely with the school regarding circulation and access issues at Lorbeer Middle School. In fact, the school district and the City with assistance from the City's Traffic Engineer mutually agreed to the current circulation pattern. PWD/Liu said that staff would investigate the situation and report back to the Commission. Safety is the overriding concern. JANUARY 10, 2008 PAGE 2 T&T COMMISSION III. ITEMS FROM STAFF: A. Traffic Enforcement Update: Citations: October, November & December 2007 2. Collisions: October, November & December 2007 3. Street Sweeping: October, November & December 2007 IV. NEW BUSINESS A. Request for Do Not Block Intersection Signs on Diamond Crest Lane at Emerald Lane AE/Molina presented staff's report and recommended that the Commission concur with staff for installation of a Do Not Block Intersection Sign on Diamond Crest Lane at Emerald Lane. VC/Mok asked for confirmation that vehicles are parking in the red. AE/Molina clarified that motorists are resting in the red area in the travel lane of the roadway. AE/Molina responded to Chair/Shay that people are waiting for a green light in the travel lane from South Point Middle School back behind Emerald Lane. Chair/Shay asked about safety concerns. PWD/Liu responded that the Public Works Superintendent as well as the Sheriffs Department did not indicate that pedestrians were an issue. Perhaps residents could provide a better picture. Based on staff's limited observation, the long traffic queue's, especially during morning drop off and afternoon pickup, were creating problems for the residents. Chair/Shay asked if a "Do Not Block Intersection" sign was subject to law enforcement and PWD/Liu responded "absolutely." The proposed signage recommended by staff is a regulatory sign and carries a fine of $136. C/Pincher asked if there was a problem with eastbound blockage. PWD/Liu responded that Mr. Torng as president of the association would provide the Commission with his understanding of the situation during the public comment period. C/House asked if the City and the school district planned to include parking spaces for student pickup and drop off. PWD/Liu referred C/House to Exhibit A and discussed the original circulation program. When there are so many cars that descend on a given area at one time it creates a difficult issue forthat particular block of time only. C/House felt the school could have planned better. DPW/Liu responded that in fact, it did. This school is much better than most schools in the City. JANUARY 10, 2008 PAGE 3 T&T COMMISSION VC/Mok asked if cars blocked the gate to the community and PWD/Liu said that residents had previously spoken about such a situation and tonight the public speakers would be able to address that issue. Tony Torng, 20985 Jade Court, spoke about the need for signage and pavement markings at Diamond Crest and Emerald Lane to prevent parents blocking the intersection while waiting to pick up or drop off their children at South Point Middle School. Sarbani Sharma, 1508 Ruby Court, stated that when she has asked drivers to move out of the way so that she can exit her community through the gate she is met with hostility or been ignored. She has also witnessed children running down Diamond Crest toward Brea Canyon, which she felt was very dangerous for the children as well as for the drivers. She sought help from the Sheriff's Department but they informed her there was nothing they could do. She has been forced to use the back gate and that access is also blocked by traffic. To her it was an inconvenience for the residents and more importantly represented a fire and safety hazard. Mayuri Pathak, 1513 Sapphire Lane, said she has experienced the same problem as the previous speaker. People drive fast and do not want to give her time to make a turn into her community and indeed, she has been confronted by rude drivers who refuse to allow her access. VC/Mok asked if there was also ingress and egress at Sapphire Lane and whether an equal number of residents were using both gates. Tony Torng stated that Sapphire Lane at Brea Canyon Road has no traffic signal. Diamond Crest has a traffic signal and it is safer for residents to make a left -turn onto Brea Canyon Road out of the gated community. Sean Sun, 21023 Jewel Court, said he was concerned for safety of the kids because they have no concept of acting cautiously when they rush out into the street to get into their cars. Light poles have been hit and it could have been a child that was hit. Chair/Shay asked how many more students the school could accommodate. Mr. Sun said he did not know the number but said there was a 107 - condominium unit project going in across from the school AE/Molina said there was a 98 -residential project approved. PWD/Liu said that from a circulation point of view the development would use Larkstone as its main access. Mr. Tong said that according to the principal the school was at capacity. However, there is a potential for another school at that location. PWD/Liu again referred the Commissioners to Exhibit A and indicated that the pad across from the middle school belongs to the school district. If the school expands it is planned to accommodate Special Ed students. PWD/Liu said he had no information about the potential number of students. In addition, JANUARY 10, 2008 PAGE 4 T&T COMMISSION whenever the school district improves property, the City has no jurisdiction and no authority over the school district. Michelle Chen, 1509 Sapphire Lane, said the school has an average of 800- 1100 students. She has monitored the area and asks drivers to move their cars away from the private area and they tell her there is nothing that can be done. In that case she calls the Sheriff and the deputy tells her there is nothing that can be done because it is a private property matter and the Deputy cannot issue tickets unless vehicles are outside the private property area. PWD/Liu said that the City has little jurisdiction over private property. However, staff could assist the association to come up with signage that would discourage parking since a red curb does not fully convey the matter. C/Pincher suggested that the school partner with parents to encourage carpooling; the school needs to partner with the parents to instruct on an ongoing basis for children not to run in traffic; the Sheriff's Department needs to start writing a lot of tickets; is this street appropriate for speed cushions to slow the traffic?; is there room on Brea Canyon Road for a "no left turn -no U - Turn?; she wondered if the people who blocked Emerald Lane would be in violation of a fire code; and, is there room for additional lanes on the street? Chair/Shay felt there should be a deputy on foot directing traffic during peak hours. He said he was in favor of staff's recommendation but felt it would not do much good absent enforcement. C/House encouraged the residents to work with the school to provide flyers to parents on an ongoing basis that speaks to traffic circulation and parking issues. He believed that over time, parents would respond. The sign is a good idea and enforcement is necessary. Chair/Shay reminded residents that enforcement is costly. DPW/Liu stated that perhaps the association could contract for enforcement. This may be an opportunity for the association to speak with the Sheriff's Department and look at their bylaws to see what can be done to get the Sheriff's Department to provide specific enforcement for the gated community. C/Pincher moved and VC/Mok seconded, to concur with staff's revised recommendation for the following: Installation of "Do Not Block Intersection" signs on Diamond Crest Lane at Emerald Lane in both directions; placement of "Keep Clear" striping at the intersection; and supplementation of the installation with red curbing at the top of the T. Motion carried by the following Roll Call vote: JANUARY 10, 2008 PAGE 5 T&T COMMISSION AYES: COMMISSIONERS: House, Pincher, VC/Mok, Chair/Shay NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin PWD/Liu stated that work would commence as soon as possible and that staff would report back to the Commission regarding the work performed. V. STATUS OF PREVIOUS ACTION ITEMS: None VI. ITEMS FROM COMMISSIONERS: VC/Mok reported on the Commissioner's meeting with the Palomino neighborhood residents and staff that he was very encouraged that so many residents attended to express their concerns. C/House commented that his wife became an accident statistic as she was driving on Pathfinder Road and was struck by a juvenile making an illegal U -Turn. What impressed him was that prior to the ambulance arriving on scene and prior to the Sheriff's Department being fully engaged, he saw two City trucks arrive and staff members cleaned up the site. He said he felt proud about the Public Works Department's responsiveness. C/House reported that there are different speed limits according to the direction of travel on Pathfinder Road, which he said he would address at a later time. VII. INFORMATIONAL ITEMS A. ACE Grade Separation on Brea Canyon Road — SE/Yee reported that the project continues to move forward with completion scheduled for Fall 2008 pending a request by the project team to consolidate the remaining two phases of the project that would entail closure of the Metrolink station access road. B. Various Traffic Signal Improvements on Golden Springs Drive — SE/Yee reported that the City is currently working on the final of three intersections at Golden Springs Drive and Racquet Club Road. C. NTMP/Sunset Crossing Road and Prospectors Road Traffic Calming Improvements — SE/Yee reported that this project is in the design phase with completion anticipated early February for residents to review. D. Industry's Grand Avenue Bridge Widening/Interchange Project — PWD/Liu stated that there was not a lot of movement on the project during the holidays. Regarding the rumor that there may be an NFL stadium built in the City of Industry, D.B. has asked to meet with the City of Industry and Majestic Realty to learn more about the proposal. VC/Mok asked about the disposition of the sale of the Diamond Bar Honda and Burger King sites. PWD/Liu stated that as Chair/Shay indicated, escrow closed the first part of November. Diamond Bar Honda is moving to City of Industry. Staff has no knowledge of what will be proposed for the site. JANUARY 10, 2008 PAGE 6 T&T COMMISSION PWD/Liu responded to VC/Mok that he believed the buyer was a private individual. E. Lemon Avenue On/Off Ramps Project — PWD/Liu reported that the Caltrans public meeting regarding this project would be held on January 29th from 6:30 to 8:30 p.m. in Room CC -6 of the AQMD/Government Center. F. SR57/60 Feasibility Study — PWD/Liu stated that the MTA tentatively scheduled a Technical Advisory Meeting (Caltrans, MTA, City of Industry and D.B. staff) on January 24th to review all alternatives that have been proposed. G. NTMP Pilot Project/Palomino Drive — AE/Molina stated that the second meeting for the neighborhood was held on December 10th with approximately 30 neighborhood residents in attendance. Staff presented testimony that the 85th percentile speeds along Palomino averaged 35-37 mph in the 25 mph zone. Staff proposed concepts of speed cushions along Palomino, Platina and Ballena; raised crosswalks at already designated crosswalk areas; and installation of bulges or medians at stop signs along Palomino Drive. All residents in attendance accepted the concepts. As a result, staff presented the residents with the petition and informed them that they were required to obtain signatures from 67% of the residents (160 of the 238 residential lots). Residents were able to obtain 85.7% in favor of moving forward with the design phase. H. Prospectors Road Rehab Project — AE/Molina reported that the asphalt would be grinded and removed from gutter to gutter with construction commencing on Monday, January 21 st. All residents within the neighborhood of Prospectors including all side streets were notified of the pending construction. There will be adverse traffic situations during the project. AE/Molina reported that the large Edison transmission pole at the Target entrance on Grand Avenue would be relocated to the Chili's site in April or May of 2008. In the meantime, Edison will be working in the pavement area along Grand Avenue to install lines to the new site. PWD/Liu announced that the City has a new traffic sergeant, Marc Saunders, who replaces Chris Blasnek in that position. VIII. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. JANUARY 10, 2008 PAGE 7 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Shay adjourned the meeting at 8:30 p.m. The foregoing minutes are hereby approved this 1` 04 day of �E��I,t�� , 2008. Respectfully,-- / DaYiTG. Liu, Secretary CITY COUNCIL Agenda It 6.3 Meeting Date: March 4, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana e TITLE: Ratification of Check Register dated February 14, 2008 through February 27, 2008 totaling $1,028,377.11. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,028,377.11 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 February 14, 2007 through February 27, 2008 for $1,028,377.11 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: �Financd Wrector Assistant City Manager Attachments: Affidavit and Check Register — 02/14/08 through 02/27/08. 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 February 14, 2008 through February 27, 2008 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $906,899.29 Community Organization Support Fund $1,500.00 Prop A - Transit Fund 7,673.84 Int. Waste Mgt Fund 12,372.87 AB2766 - AQMD Fund 3,550.35 CDBG Fund 982.72 LLAD #38 Fund 2,879.65 LLAD #39 Fund 1,182.66 LLAD #41 Fund 937.82 Capital Improvement Project Fund 90,397.91 Self Insurance Fund $1,028,377.11 Signed: A Lin a G. Magn s n Finance Director City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/21/2008 08 -PP 04 PAYROLL TRANSFER oio ron�i ; .,oar 1 001 23002 350.00 $350.00 2/21/2008 79048 — PAYROLL TRANSFER . — i i.ra� n �n_Vuirr 04 PIR TRANSFER-08/PP 04 uu i 1U"L"00 141,354.27 $153,539.55 $30.00 2/14/2008 79049 IBENESYST 112 10200 4,467.81 85.00 2/21/2008 2/14/2008 PAYROLL TRANSFER PIR TRANSFER-08/PP 04 115 10200 5,534.40 1,994.38 2/21/2008 2/14(2008 PAYROLL TRANSFER P/R TRANSFER-08/PP 04 118 10200 1,200.35 36.00 2/21/2008 2/14/2008 PAYROLL TRANSFER P/R TRANSFER-08/PP 04 125 10200 982.72 744-001 2/14/2008 1 79046 ILALITH JAYARATNEPK REFUND -DBC 001 23002 500.00 $500.00 2114/2008 79047 IBROOKE ALLEN JPK REFUND - DBC 1 001 23002 350.00 $350.00 2/14/2008 79048 JEDITH ALVAREZRECREATION REFUND 1 001 1 34780 1 30.001 $462.00 $30.00 2/14/2008 79049 IBENESYST FLEX ADMIN SVCS 1 0014060 1 42346 1 85.00 $85.00 2/14/2008 79050 1BERTOLINIINC SUPPLIES -DBC 1 0015333 1 41200 1 1,994.38 $1,994.38 2/14(2008 79051 IRON BEVACQUA CONTRACT CLASS -WINTER 0015350 1 45320 1 36.00 $36.00 2/14/2008 79052 IJOHN E BISHOP CONTRACT CLASS -WINTER 0015350 45320 1 744-001 $744.00 2/14/2008 79053 JBILUE SKY CAFE INC MTG SUPPLIES -PW 1 0015510 1 42325 1 25.98 $25.98 2/14/2008 79054 BONTERRA CONSULTING INC. ADMN FEES-FPL2002-09 001 23010 216.00 $2,287.35 2/14/2008 79056 BONTERRA CONSULTING INC. ADMIN FEES-FPL2002-09 001 34430 -216.00 $561.00 2/14/2008 79057 BONTERRA CONSULTING INC. ADMN FEES-FPL2002-65 001 23010 195.72 $462.00 2/14/2008 BONTERRA CONSULTING INC. ADMN FEES-FPL2002-65 001 34430 -195.72 2/14/2008 BONTERRA CONSULTING INC. PROF SVCS-FPL2002-09 001 23010 1,200.00 2/14/2008 IBONTERRA CONSULTING INC. PROF SVCS-FPL2002-65 001 23010 1,087.35 2/14/2008 79055 JBRUCE SILVERAPK REFUND -DBC 1 001 1 23002 1 350.001 $350.00 2/14/2008 79056 TINA CHANG ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 561.00 $561.00 2/14/2008 79057 CHARTER OAK GYMNASTICS, INC. CONTRACT CLASS -WINTER 0015350 1 45320 462.00 $462.00 2/14/2008 79058 DENNIS CAROL PROF SVCS-SS/CC MTG 0014030 44000 250.00 $400.00 2/14/2008 DENNIS CAROL PROF SVCSMTG 01/10 0015510 44000 150.00 Page 1 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 2/14/2008 79063 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 02-063 001 23010 571.26 $3,173.64 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/14/2008 2/14/2008 79059 IDIVERSIFIED PARATRANSIT INC ISHUTTLE SVCS-SNOWFEST 1125553 45315 846.88 $846.88 INLAND VALLEY DAILY BULLETIN LEGAL AD -SITE D 0015240 44000 271.25 2/14/2008 1 2/14/2008 1 79060 IDOG DEALERS INC CONTRACT CLASS -WINTER 0015350 45320 143.401 $143.40 2/14/2008 1 2/14/2008 1 79061 IDOUG MARTIN CONTRACTING CO INC RETENTION RELEASE 250 20300 57,398.481 $57,398.48 2/14/2008 1 2/14/2008 1 79062 JEDUCATION TO GO ICONTRACT CLASS -WINTER 1 0015350 45320 275.00 $275.00 2/14/2008 79063 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 02-063 001 23010 571.26 $3,173.64 2/14/2008 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 02-063 001 34430 -571.26 2/14/2008 79066 ENVIRONMENTAL IMPACT SCIENCES PROF SVCS -FPL 02-063 001 23010 3,173.64 $285.00 2/14/2008 79064 EVERGREEN INTERIORS PLANT SVCS-D/B LIBRARY 0014090 42210 104.00 $327.60 2/14/2008 EVERGREEN INTERIORS PLANTS SVC -JAN 08 0014090 1 42210 1 223.60 2114/2008 1 79065 IDIANE GAMBOA PK REFUND -DBC 001 1 23002 1 100.001 $100.00 2/14/2008 INLAND EMPIRE STAGES SR EXCURSION - L.A. 1125350 45310 1 972.00 2/14/2008 1 79066 GLENN'S REFRIGERATION CORP MAINT - DBC 0015333 1 42210 1 285.001 $285.00 2/14/2008 INLAND VALLEY DAILY BULLETIN LEGAL AD -SITE D 0015240 44000 271.25 2/14/2008 1 79067 IGO LIVE TECHNOLOGY INC PROF SVCS -01/2-02/8 0014070 1 R44000 4,200.00 $4,200.00 2/14/2008 1 79068 IGRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL -JAN 08 0015230 1 45520 5,580.001 $5,580.00 2/14/2008 1 79069 IKEVIN HOUSE T&T COMM - 01/10 0015510 1 44100 45.001 $45.00 2/14/2008 79070 INLAND EMPIRE STAGES SR EXCURSION - L.A. 0015350 45310 1,020.00 $1,992.00 2/14/2008 INLAND EMPIRE STAGES SR EXCURSION - L.A. 1125350 45310 1 972.00 2/14/2008 79071 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 07-294 001 23010 186.25 $903.75 2/14/2008 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 05-163 001 23010 227.50 2/14/2008 79073 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 07-287 001 23010 218.75 $23,813.93 2/14/2008 INLAND VALLEY DAILY BULLETIN LEGAL AD -SITE D 0015240 44000 271.25 2/14/2008 79072 IKENNETH L DESFORGES ITUITION REIMB 0014060 1 42341 1 290.00 $290.00 2/14/2008 79073 IKEYSER MARSTON ASSOCIATES INC IPROF SVCS -11/1-12/31/07 0015240 1 44000 1 23,813.931 $23,813.93 Page 2 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 100.00 Total Check Amount 2/14/2008 1 79074 IKIDS CAN DO GYMNASTICS rnr iTDerT n ecc nn r�o CLA -�• ,� vuIaxw 453211 gb/.UUI $957.001 2/14/2008 1 79075 AUDREY KIM PK REFUND -DBC 1 001 1 23002 100.00 $500.00 $100.00 2/14/2008 1 79076 GABRIELA KLEIN ICONTRACT CLASS -WINTER 1 0015350 1 45320 432.00 2/14/2008 $432.00 2/14/2008 79077 LAE ASSOCIATES INC PROF SVCS -JAN '08 0015510 45221 4,867.50 $284.47 $4,867.50 2/14/2008 79078 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-JAN 08 1 0015558 1 455031,982.76 $78.75 2!14/2008 $1,982.76 2/14/2008 79079 LAUREN HULL PK REFUND -DBC 001 36615 66.68 $500.00 2/14/2008 2/14/2008 LAUREN HULL PK REFUND -DBC 001 23002 350.00 405.001 2/14/2008 $405.00 LAUREN HULL PK REFUND -DBC 001 23004 83.32 45320 L 2/14/2008 j 79080 LIANA PINCHER T&T COMM - 01/10 0015510 1 4 100 45.001 $21,359.26 T 45.00 2/14/2008 79081 BENNY LIANG PK REFUND -DBC 001 36615 405.001 2/14/2008 $405.00 2/14/2008 79082 ISHERI LIEBE CONTRACT CLASS -WINTER 1 0015350 45320 738.00 $284.47 $738.00 2/14/2008 2/14/2008I 79083 I'S LOS ANGELES COUNTY SHERIFF'S DEPT. LOS ANGELES COUNTY SHERIFFDEPT. CONTRACT SVCS -JAN 08 STAR DEPUTY SVCS -JAN 08 0014411 0014411 45401 45401 371,528.63 9,240.00 $21,359.26 $380,768.63 2/14/2008 79084 MACADEE ELECTRICAL CONSTRUCTION TRFFC SIGNALS 2505510 46412 2,695.63 $21,359.26 2/14/2008 2/14/2008 1 MACADEE ELECTRICAL CONSTRUCTION TRFFC SIGNALS 250 20300 -2,373.25 25.00 2/14/2008 $25.00 MACADEE ELECTRICAL CONSTRUCTION TRFFC SIGNALS 2505510 R46412 631.32 1 41200 2/14/2008 $284.47 MACADEE ELECTRICAL CONSTRUCTION RFFC SIGNALS 2505510 R46412 20,405.56 42130 2/14/2008 79085 KAREN MAY ICONTRACT CLASS -WINTER 00153501 45320 504.00 $504.00 2/14/2008 1 79086 MISS DIAMONDBAR PAGEANT INC LUNCHEON -COUNCIL 0014010 1 42325 25.00 $25.00 2/14/2008 79087 MITY LITE INC SUPPLIES - DBC 10015333 1 41200 284.47 $284.47 2/14/2008 79088 MOBILE RELAY ASSOCIATES INC IREPEATER SVCS -FEB 08 10014440 42130 78.751 $78.75 2!14/2008 79089 KENNETH MOK T&T COMM - 01/10 1 0015510 44100 45.00 $45.00 Page 3 Check Date I Check Numbei City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 venaor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount I 2/14/2008 I 79090 IJUDITH MOLDEN PK REFUND -DBC 001 123002 1 100 05 $100.00 $4,034.92 ---------T2/14/2008 2/14/2008 2/14/2008 79104 SPARKLETTS SPARKLETTS WATER SUPPLIES -CITY HALL EQUIPMENT RENTAL 0014090 0014090 211 412 0 0 8 79091 SYLVIA MORALES SYLVIA MORALES PK REFUND -DBC PK REFUND -DBC 001 001 23002 36615 500.00 102.00 $398.00 2/14/2008 79092 NATIONAL TELEPHONE MESSAGE CORP INC JANNL MAINT-PH MESSAGE 0014070 42205 37.00 $37.00 2/14/2008 79093 NORRIS REPKE INC SLURRY SEAL- AREA 4 2505510 46411 3,465.00 $3,465.00 2!14/2008 2/14/2008 79094 JOLYMPIC STAFFING SERVICES OLYMPIC STAFFING SERVICES TEMP SVCS -1/23-1124 TEMP SVCS- 01/28-01/29 0015510 0015510 44000 44000 317.76 317.76 $635.52 2/14/2008 79095 PALM SPRINGS FOLLIES EXCURSION -2/23 0015350 45310 1,865.00 $1,865.00 2/14/2008 79096 IPOST 19 EXPLORER BOOSTER COMMITTEE REIMB-W SNOWFEST 0015350 1 45300 73.001 $73.00 2/14/2008 2/14/2008 79097 IR R F DICKSON COMPANY F DICKSON COMPANY ST.SWPING SVC 12/10-01/04 DEBRIS COMPOSTING -DEC 07 0015554 1155515 45501 45500 19,131.70 6,444.26 $25,575.96 2/14/2008 79098 RECY CAL SUPPLY CO RECYCLING CONTAINERS 1155516 41200 394.21 $394.21 2/14/2008 79099 IREGIONAL CHAMBER OF COMMERCE MTG -COUNCIL 0014010 42325 10.00 $10.00 2/14/2008 79100 IFRANCIS SABADO CONTRACT CLASS -WINTER 0015350 1 45320 828.00 $828.00 2/14/2008 79101 BALI SANDHU RECREATION REFUND 001 34780 70.00 $70.00 2/14/2008 79102 IMICHAEL SHAY T&T COMM - 01110 0015510 44100 45.00 $45.00 2/14/2008 2/14/2008 2/14/2008 79103 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON ELECT-LLAD38 ELECT-LLAD 38 ELECT - DBC 1385538 1385538 0015333 42126 42126 42126 15.36 32.26 3,987.30 $4,034.92 2/14/2008 2/14/2008 79104 SPARKLETTS SPARKLETTS WATER SUPPLIES -CITY HALL EQUIPMENT RENTAL 0014090 0014090 41200 42130 190.07 10.25 $200.32 Page 4 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 2/14/2008 79105SUZI TASHIRO pK pFFI Im -nQr .._, _..— -- 00 i Acct # I Amount Total Check Amount 23002 1 100.0101 $100.00 2/14/2008 79106 TELEPACIFIC COMMUNICATIONS TI INTERNET SVCSI 001407- 2/14/2008 23010 THE SAN GABRIEL VALLEY NEWSPAPER GR 44030 525.13 $525.13 245.16 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL2007-297 001 2/14/2008 2/14/2008 79107 TENNIS ANYONE CONTRACT CLASS -WINTER 0015350 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL2007-287 45320 1 49.70 $49.70 2/14/2008 79108 =COMDYN ROUP INC 2/14/2008 OUP INC SECURITY/GIS SVCS SECURITY/GIS SVCS 0014070 1 44000 1 2,804. 0014070 1 44000 1 675. 2/14/2008 79109 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-60/LEMON 0015510 2/14/2008 23010 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL2007-294 001 2/14/2008 245.16 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL2007-297 001 2/14/2008 2/14/2008 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL2007-285 001 2/14/2008 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL2007-287 001 2/14/2008 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL2005-163 001 42115 279.46 23010 165.78 23010 173.62 23010 223.60 23010 226.54 23010 245.16 $3,479.72 $1,314.16 /14/2008 I 79110 TIME WARNER MODEM SVCS -COUNCIL 0014010 42 130 v 44.95 $44.95 2/1412008 79111 UNITED STATES POSTAL SERVICE NEWS LETTER -POSTAGE 0014095 42120 20,000.00 $20,000.00 2/14/2008 79112 US POSTAL SERVICE (HASLER) POSTAGE 0014090 42120 5,000.00 $5,000.00 2/14/2008 79113 VERIZON CALIFORNIA DBC PHONE SVCS 0015333 42125 93.92 $687.04 2/14/2008 VERIZON CALIFORNIA HERITAGE PK ALARM SVCS 0015340 42125 38.56 2/14/2008 VERIZON CALIFORNIA HERITAGE PK FAX SVCS 0015340 42125 24,81 2/14/2008 VERIZON CALIFORNIA DBC PHONE SVCS 0015333 42125 436.08 2/14/2008 VERIZON CALIFORNIA PETERSON PK PAY PHONE 0015340 42125 93.67 2/14/2008 79114 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST #38 1385538 42126 201.20 2/14/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST #38 $7,711 13 2/14/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST #39 1385538 42126 2,154.52 2/14/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST #41 1395539 42126 876.40 2/14/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 1415541 42126 729.89 2/14/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS 0015340 42126 3,498.94 -DBC 1 0015333 1 42126 250.18 2/14/2008 79115 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 1 1 42330 393.46 $393.46 Page 5 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 2/14/2008 79116 WEST COAST ARBORISTS INC ITRFF MAINT_ nFr"n7 2,000.00 2/14/2008 WEST COAST ARBORISTS INC TREE WATERING -DEC -07 0015558 2/14/2008 79118 WEST COAST ARBORISTS INC TREE MAINT-DEC'07 0015558 Acct # Amount Total Check Amount 45509 9,965.37 $25,733.12 45510 325.00 45509 15,442.75 2/14/2008 79117 1WEST COAST SERVICES LLC REFUND-EN07-600 001 $2,000.00 23012 2,000.00 2/14/2008 79118 LU WISNIEWSKI RECREATION REFUND 001 $30.00 34780 30.00 2/14/2008 79119 JANGELA WRIGHT PK REFUND -DBC 001 $500.00 23002 500.00 2114/2008 79120 PAUL WRIGHT AV SVCS -02/08/08 0014090 $140.00 44000 140.00 2/21/2008 79121 JAMERICANA ART CHINA CO PROMO ITEMS -CITY MUG 0014090 $11.82 41400 11.82 2/21/2008 2/21/2008 2/21/2008 79122 AMERICOMP GROUP IMAGING AMERICOMP GROUP IMAGING AMERICOMP GROUP IMAGING PRINTER MAINT-JAN-MAR SUPPLIES -TONER SUPPLIES -TONER 0014070 0014070 0014070 $2,261.19 45000 45000 45000 1,490.50 597.49 17320 2/21/2008 79123 AMERITECH BUSINESS SYSTEMS ICOPIER MAINT-JAN 08 0014090 $660.15 42100 660-151 2/21/2008 79124 BENESYST 2/22/08-P/R DEDUCTIONS 001 $702.48 21105 702.48 2/21/2008 79125 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 $357.22 41200 357.22 2/21/2008 79126 1CONSTANCE J. LILLIE ICONTRACT CLASS -WINTER 0015350 $504.00 45320 504.00 2/21/2008 79127 COVERED WAGON TOURS SR EXCURSION -WAGON TOURS 0015350 $1,890.00 45310 1,890.00 2/21/2008 2/21/2008 2/21/2008 2/21/2008 79128 DAY & NITE COPY CENTER DAY & NITE COPY CENTER DAY & NITE COPY CENTER DAY &NITE COPY CENTER PRINT SVCS-CAFR PRINT SVCS -COMM SVCS PRINT SVCS -COMM SVCS PRINT SVCS -COMM SVCS 0014095 0015350 0015350 0015350 $1,954.13 42110 41200 42110 42110 1,199.41 452.70 25.98 276.04 2/21/2008 1 79129 IDEPARTMENT OF JUSTICE PRE-EMPLOYMENT SCREENING 0014060 $160.00 42345 160.00 2/21/2008 79130 JANGELA DI DONATO RECREATION REFUND 001 34740 1 4.001 $64.00 Page 6 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Check Date Check Numb Fund/ Dept er Vendor Name Total Check Amount Transaction Description 2/21/2008 79131 IDIAMOND BAR HAND CAR WASH 0014090 ICAR WASH_Nl:H[u�un ineo 2/21/2008DIAMOND BAR HAND CAR WASH 42200 CAR WASH -POOL VEH 2/21/2008 0015554 DIAMOND BAR HAND CAR WASH 41.99 CAR WASH -COMM SVCS 2/21/2008 DIAMOND BAR HAND CAR WASH $318.73 CAR WASH -ROAD MAINT Fund/ Dept Acct # Amount Total Check Amount 0015230 422Vu 11.9y $195.18 0014090 42200 116.22 0015310 42200 24.98 0015554 42200 41.99 SUPPLIES -DBC 2/21/200879132 2/21/2008 DIAMOND BAR INTERNATIONAL DELI DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES-CNCL 2/5 MTG SUPPLIES -GENERAL $460.00 0014090 0014090 42325 42325 235.00 225.00 2/21/2008 79133 DOLPHIN RENTS INC SUPPLIES -DBC $318.73 0015333 41200 318.73 2/21/2008 79134 EMPLOYMENT DEVELOPMENT DEPARTMENT UNEMPLYMNT CHRGS-4TH QTR $178.00 0014090 40093 178.00 2/21/2008 79135 EXTERIOR PRODUCTS INC BANNERS -COMM DEV $337.69 0015240 42110 337.69 2/21/2008 L 2/21/2008 79136 FEDEX FEDEX EXPRESS MAIL -GENERAL EXPRESS MAIL -FPL 07-263 $122.30 0014090 001 42120 23010 99.73 22.57 2/21/2008 1 79137 IFOOD FROM THE HEARTH CATERING FOOD -SR DANCE 2/13 0015350 $2,088.10 45300 2,088.10 2/21/2008 79138 IFIRANCHISE TAX BOARD SLRY ATTCHMT-2/22/08 001 $100.00 21114 1 100.00 2/21/2008 79139 JGOVPARTNER REQ PARTNER HOSTING -FEB $850.00 1185098 4403 0 850.00 2/2112008 2/21/2008 79140 IHINDERLITER, DE LLAMAS &ASSOCIATES HINDERLITER, DE LLAMAS &ASSOCIATES CONTRACT SVCS -1ST QTR AUDIT SVCS -SALES TAX 3RD 0014090 0014090 $5,706.37 44010 44010 900.00 4,806.37 2/21/2008 79141 HOT SHOTS ATHLETIC APPAREL INC SUPPLIES -RECREATION 0015350 $36.48 41200 36.48 2/21/2008 79142 HP EXPRESS SERVICES COMP MAINT-I.T. 0014070 $2,472.00 42205 2,472.00 2/21/2008 79143 INLAND EMPIRE STAGES TRANSPORTATION-FNTSY SPGS 1125--- $1,252.00 45310 1,252.00 2/21/2008 1 79144 JINLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -MAR 0014431 $7,966.67 45403 7,966.671 2/21/2008 79145 INTERNATIONAL SERVICES INC ICROSSING GUARD SVCS -JAN 0014411 1 $10,360.65 45410 1 10,360.65 2/21/2008 79146 JINTEROP LAS VEGAS 2006 INTEROP CONF-I AZIZ 0014070 1 $2,695.00 42330 1 2,695.00 Page 7 2/21/2008 2/21/2008 2/21/2008 2/21/2008 2/21/2008 2121/2008 79153 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 MTG-COUNCIL MTG-COUNCIL MTG-COUNCIL MTG-COUNCIL MTG-COUNCIL MTG-CMGR 0014010 0014010 0014010 0014010 0014010 0014030 42325 55.00 34.01 43.11 19.49 40.05 307.80 $1,710.00 42325 55.00 2/21/2008 42325 Total Check Amount Check Date Check Number Vendor Name 55.00 Transaction Description -307.80 42325 55.00 Fund/ Dept Acct # Amount PROF -SVCS -FPL 2007-263 001 23010 1,710.00 $8,690.73 2/2112UU8 79147 JENKINS & HOGIN, LLP LEGAL SVCS -DEC 07 2/21/2008 0014020 44020 001 2,614.40 2/21/2008 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV DEC 1 34730 1 0014020 44020 1,272.80 2/21/2008 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS DEC 0014020 44020 1,754.40 2/21/2008 JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES 0014020 44021 2,894.33 2/21/2008 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS 0014020 44020 154.80 2/21/2008 79148 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -FEB 08 0014030 44000 3,000.00 $3,000.00 2/21/2008 79149 JUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN -JAN 08 0014411 45405 1,416.56 $1,416.56 2/21/2008 79150 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 2/21/2008 KENS HARDWARE SUPPLIES -DBC 395.75 $744.17 2/21/2008 KENS HARDWARE 0015333 41200 219.17 SUPPLIES -RECREATION 0015350 41200 129.25 2/21/2008 79151 KEYSER MARSTON ASSOCIATES INC ECO DEV STRATEGY -JAN 08 0015240 $16,767.50 44000 16,767.50 2/21/2008 79152 LA COUNTY DEPT. OF HEALTH SERVICES IBACKFLOW PREV-PARKS 0015340 42210 40.00 $40.00 2/21/2008 2/21/2008 2/21/2008 2/21/2008 2/21/2008 2121/2008 79153 LACO FIRE RETIREMENT - DIV III LACO FIRE RETIREMENT - DIV III LACO FIRE RETIREMENT - DIV III LACO FIRE RETIREMENT - DIV III LACO FIRE RETIREMENT - DIV III LACO FIRE RETIREMENT - DIV III MTG-COUNCIL MTG-COUNCIL MTG-COUNCIL MTG-COUNCIL MTG-COUNCIL MTG-CMGR 0014010 0014010 0014010 0014010 0014010 0014030 2/21/2008 42325 55.00 $330.00 ADMIN FEE -FPL 2007-263 42325 55.00 34.01 43.11 19.49 40.05 307.80 $1,710.00 42325 55.00 2/21/2008 42325 55.00 ADMIN FEE -FPL 2007-263 42325 55.00 -307.80 42325 55.00 2/21/2008 2/21/2008 79154 LAND MATTERS SUPPLIES -BADGES SUPPLIES -BADGES SUPPLIES -CITY TILE SUPPLIES -BADGES ADMIN FEE -FPL 2007-263 001 34.01 43.11 19.49 40.05 307.80 $1,710.00 23010 2/21/2008 LAND MATTERS ADMIN FEE -FPL 2007-263 001 34430 -307.80 2/21/2008 LAND MATTERS PROF -SVCS -FPL 2007-263 001 23010 1,710.00 2/21/2008 79155 JOE LEAKEY RECREATION REFUND 001 1 34730 1 20.00 $20.00 2/21/2008 2/21/2008 2/21/2008 2/21/2006 79156 LEWIS ENGRAVING INC. LEWIS ENGRAVING INC. LEWIS ENGRAVING INC. LEWIS ENGRAVING INC. SUPPLIES -BADGES SUPPLIES -BADGES SUPPLIES -CITY TILE SUPPLIES -BADGES 0014090 0015350 0014090 0014090 42113 41200 42113 42113 34.01 43.11 19.49 40.05 $136.66 Page 8 Page 9 0015510 0015350 41200 28.76 $2,418.43 0015350 41200 190.70 0015350 41200 30.29 0015350 41200 54.06 0015350 41200 46.22 0015350 41200 93.94 0014090 41200 377.78 0014090 41200 328.19 0014090 41200 14.52 0014090 41200 22.79 0014090 41200 334.23 0015333 41200 81.29 0015333 41200 -17.77 0015333 41200 17.77 0015333 41200 220.55 0014060 41200 42.53 0014060 41200 17.21 0015510 41200 58.08 0015510 41200 182041 1 42110 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 $104.37 SUPPLIES -COMM SVCS 2/21/2008 750.00 OFFICEMAX INC SUPPLIES -COMM SVCS 2/21/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 2/21/2008 Check Date Check Number Vendor Name SUPPLIES -COMM SVCS Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/21/2008 2/21/2008 79157 ILOS ANGELES COUNTY PUBLIC WORKS SUPPLIES -COMM SVCS Iql IAAD DI IAD AAA IAIT IlG^ n� •^ • ^ I -v�� vI OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 OFFICEMAX INC OO 15340 42210 217.631 $217.63 OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 2/21/2008 2/21/2008 79158 LOS ANGELES COUNTY SHERIFF'S DEPT. LOS ANGELES COUNTY SHERIFF'S DEPT. 2/21/2008 SPCL EVENT -CALVARY CHAPEL TRANSIT SALES -JAN 08 OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 OFFICEMAX INC 0014411 1125553 45402 45402 2/21/2008 8,000.75 135.15 $8,135.90 MEMO CREDIT -DBC 2/21/2008 OFFICEMAX INC 2/21/2008 2/21/2008 79159 MARIA L HILARIO MARIA L HILARIO REIMB-FILING FEE REIMB-SUPPLIES SUPPLIES -DBC 2/21/2008 OFFICEMAX INC SUPPLIES-H/R 2/21/2008 OFFICEMAX INC SUPPLIES-H/R 2/21/2008 OFFICEMAX INC SUPPLIES-P/WKS 2/21/2008 79160 RYAN MCLEAN REIMB-LEAGUE MTG SUPPLIES-P/WKS 0014030 42330 73.96 $73.96 2/21/2008 2121 /2008 79161 JMINUTEMAN PRESS R & D BLUEPRINT MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS PRINT SVCS -FPL 2007-263 0015510 001 42110 23010 521.93 150.03 $671.96 2/21/2008 79162 MISS DIAMONDBAR PAGEANT INC COMMUNITY ORG SUPPORT 0114010 42355 1,500.00 $1,500.00 2/21/2008 79163 NEXTEL COMMUNICATIONS CELL CHRGS-P/W,C/S,C/D 0014090 42130 726.80 $726.80 2/21/2008 79164 OFFI Page 9 0015510 0015350 41200 28.76 $2,418.43 0015350 41200 190.70 0015350 41200 30.29 0015350 41200 54.06 0015350 41200 46.22 0015350 41200 93.94 0014090 41200 377.78 0014090 41200 328.19 0014090 41200 14.52 0014090 41200 22.79 0014090 41200 334.23 0015333 41200 81.29 0015333 41200 -17.77 0015333 41200 17.77 0015333 41200 220.55 0014060 41200 42.53 0014060 41200 17.21 0015510 41200 58.08 0015510 41200 182041 1 42110 CEMAX INC $104.37 SUPPLIES -COMM SVCS 2/21/2008 750.00 OFFICEMAX INC SUPPLIES -COMM SVCS 2/21/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 2/21/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 2/21/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 2/21/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 2/21/2008 OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 OFFICEMAX INC SUPPLIES -GENERAL 2/21/2008 OFFICEMAX INC SUPPLIES -DBC 2/21/2008 OFFICEMAX INC MEMO CREDIT -DBC 2/21/2008 OFFICEMAX INC SUPPLIES -DBC 2/21/2008 OFFICEMAX INC SUPPLIES -DBC 2/21/2008 OFFICEMAX INC SUPPLIES-H/R 2/21/2008 OFFICEMAX INC SUPPLIES-H/R 2/21/2008 OFFICEMAX INC SUPPLIES-P/WKS 2/21/2008 OFFICEMAX INC SUPPLIES-P/WKS Page 9 0015510 0015350 41200 28.76 $2,418.43 0015350 41200 190.70 0015350 41200 30.29 0015350 41200 54.06 0015350 41200 46.22 0015350 41200 93.94 0014090 41200 377.78 0014090 41200 328.19 0014090 41200 14.52 0014090 41200 22.79 0014090 41200 334.23 0015333 41200 81.29 0015333 41200 -17.77 0015333 41200 17.77 0015333 41200 220.55 0014060 41200 42.53 0014060 41200 17.21 0015510 41200 58.08 0015510 41200 182041 1 42110 $104.37 001557 750.00 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Check Date Check Number Vendor Name Transaction Description 2/21/2008 79164... OFFICEMAX INC CI IPDI icc_curoirr 2/21/2008 41200 OFFICEMAX INC SUPPLIES-PL NG ' 2/21/2008 41200 OFFICEMAX INC SUPPLIES-NGHBRHD IMP 2/21/2008 41200 OFFICEMAX INC SUPPLIES-CMGR 2/21/2008 41200 OFFICEMAX INC SUPPLIES-CMGR 2/21/2008 41200 OFFICEMAX INC SUPPLIES-CMGR 2/21/2008 41200 OFFICEMAX INC SUPPLIES-CMGR 2/21/2008 41200 OFFICEMAX INC SUPPLIES -FINANCE 2/21/2008 OFFICEMAX INC CREDIT MEMO -FINANCE Fund/ Dept I Acct # I Amount Total Check Amount UU 14411 412UO 42.66 $2,418.43 ... 0015210 41200 44.47 0015230 41200 52.88 0014030 41200 65.33 0014030 41200 49.37 0014030 41200 6.51 0014030 41200 54.02 0014050 41200 24.49 0014050 41200 -94 a4 2/21/2008 79165 CAMERON PATTON OFFICIAL SVCS -FEB 08 0015350 45300 1,344.00 $1,344.00 Page 10 Page 11 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Transaction Description Total Check Amount Check Date Check Number Vendor Name Fund/ Dept Acct # Amount 2/21/2008 79175 SMART &FINAL (SMART &FINAL Sl IPPI IFC-cR _BINGO S $350.461 uU535u I 12/21/2008 0 I412UU I 41200 214.26 136201 2/21/2008 79176 SO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL MAR $21,810.60 0014090 42140 21,810.60 2/21/2008 2/21/2008 2/21/2008 2/21/2008 2/21/2008 79177 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 ELECT SVCS-DIST 39 ELECT SVCS -TRAFFIC CONTRL ELECT SVCS-DIST 41 ELECT SVCS -PARKS $4,673.78 1385538 1395539 0015510 1415541 0015340 42126 42126 42126 42126 42126 476.31 306.26 244.67 207.93 3,438.61 2/21/2008 79178 ISOUTHERN CALIFORNIA EDISON CIP PROJ-LINE EXTENSN $7,810.18 2505510 46412 7,810.18 2/2112008 2/21/2008 2/21/2008 79179 STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON MAR 08-STD/LTD MAR 08-SUPP LIFE INS PREM LIFE INS PREMS $2,852.16 001 001 001 21112 21106 21106 1,562.70 99.50 1,189.96 2/21/2008 1 79180 ISUNGARD PUBLIC SECTOR PENTAMATION COMP MAINT-I.T. $1,500.00 1185098 R462351,500.00 2/21/2008 79181 TENNIS ANYONE CONTRACT CLASS -WINTER $60.20 0015350 45320 60.20 2/21/2008 79182 ITHE HUNTINGTON LIBRARY EXCURSION -CHINESE GARDEN $810.00 0015350 45310 810.00 2/21/2008 79183 JTRG LAND INC PROF.SVCS-SITE D PLAN $33,595.49 0015240 R44000 33,595.49 2/21/2008 79184 SHU YUN TSAI RECREATION REFUND $90.00 001 34780 90.00 2/21/2008 79185 UCN INC LONG DIST SVCS $67.34 0014090 42125 67.34 2/21/2008 79186 ULTIMATE OFFICE SUPPLIES -DBC $170.46 0015333 41200 170.46 2(21/2008 79187 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING $255.00 0014060 42345 255.00 2/21/2008 79188 VANTAGEPOINT TRNSFR AGNTS-303248 2/22/08-P/R DEDUCTIONS $4,813.09 001 21108 4,813.09 2/21/2008 2/21!2008 79189 VERIZON CALIFORNIA VERIZON CALIFORNIA PH.SVCS-INFO TO GO PH.SVCS-DATA MODEM $1,027.40 0014090 0014090 1 42125 42125 1 109.13 4.99 Page 11 $1,028,377.11 Page 12 City of Diamond Bar - Check Register 02/14/08 thru 02/27/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/21/2008 79189... VERIZON CALIFORNIA CALIFORNIA P;H'; CS -r. ,nvr -- ' vu i4u9u 42125 650.29 $1,027.40... 2/21/2008 IVERIZON VERIZON CALIFORNIA PH.SVC2/21/2008- S -DBC 0015333 42125 75.65 2/21/20080015340 VERIZON CALIFORNIA PH -SVCS -HERITAGE PK 42125 93.67 PH.SVCS-SYC CYN PK 0015340 42125 93.67 2/21/2008 79190 IVISION INTERNET PROVIDERS INC MONTHLY HOSTING -FEB 08 0014070 44030 150.00 $150.00 2/21/2008 79191 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -JAN 08 0015350 42140 1,220.001$1,220A0 2/21/2008 79192 JXAVIERS FLORIST FLO RA ARRNGMNT-KERR 2121/2008 XAVIERS FLORIST 0014090 41400 75.78 $151.56 FLORAL ARRNGMNT-ANDRSN 0014090 41400 75,78 2/21/2008 79193 YOSEMITE WATER 2!2112008 YOSEMITE WATER EQ RENTAL-SYC CYN PK DEC 0015310 42130 13.75 $22.45 WATER SUPPLIES -DEC 0015350 41200 8.70 $1,028,377.11 Page 12 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Treasurer's Statement — January 2 08 RECOMMENDATION: Approve. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.4 Meeting Date: Mar 4, 2008 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the January cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director Departm nt ead Attachments: Treasurer's Statement, Investment Portfolio Report Assistant City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT January 31, 2008 SUMMARY OF CASH: BEGINNING DEMAND DEPOSITS: GENERAL ACCOUNT ($198,406.04) TRANSFERS ENDING CHANGE FUND BALANCE RECEIPTS. DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $29,870,991.74 4,559,165.08 $2,117,004.31 ($53,101.76) $32,260,050.75 LIBRARY SERVICES FUND 0.00 TOTAL INVESTMENTS $40,411,494.72 TOTAL CASH $40,259,094.12 COMMUNITY ORG SUPPORT FD 2,585.32 These investments are detailed on the attached Investment Report. 1,100.00 0.00 1,485.32 GAS TAX FUND 270,641.77 86,028.48 356,670.25 TRANSIT TX (PROP A) FD 851,956.11 228,672.83 131,694.01 948,934.93 TRANSIT TX (PROP C) FD 1,540,934.96 125,283.49 1,666,218.45 ISTEA Fund 12,340.49 12,340.49 INTEGRATED WASTE MGT FD 319,616.61 52,115.33 21,330.69 350,401.25 TRAFFIC IMPROVEMENT FUND 387,463.01 387,463.01 AB2928-TR CONGESTION RELIEF FD 446,835.87 446,835.87 AIR QUALITY IMPRVMNT FD 74,445.76 4,356.81 70,088.95 TRAILS & BIKEWAYS FD (26,825.00) (26,825.00) PARK FEES FD 355,806.54 21,750.00 377,556.54 PROP A - SAFE PARKS ACT FUND 92,617.79 PARK & FACILITIES DEVEL. FD 1,058,151.42 92,617.79 COM DEV BLOCK GRANT FD (3,186.28) 18,168.97 1,058,151.42 (21,355.25) CITIZENS OPT -PUBLIC SAFETY FD 170,295.47 170,295.47 NARCOTICS ASSET SEIZURE FD 342,156.45 342,156.45 CA LAW ENFORCEMENT EQUIP PRGI 78,291.03 660.50 77,630.53 LANDSCAPE DIST #38 FD 5,188.41 26,550.00 14,465.78 17,272.63 LANDSCAPE DIST #39 FD 37,091.64 16,289.00 13,815.60 39,565.04 LANDSCAPE DIST #41 FD 74,979.38 12,215.70 6,716.07 80,479.01 GRAND AV CONST FUND 0.00 CAP IMPROVEMENT PRJ FD (265,008.91) 98,248.98 0.00 (363,257.89) SELF INSURANCE FUND 1,315,486.16 8,521.00 1,306,965.16 EQUIPMENT REPLACEMENT FUND 197,946.32 COMPUTER REPLACEMENT FUND 198,143.47 197,946.32 PUBLIC FINANCING AUTHORITY FUN 194,181.36 460.07 36,480.03 53,101.76 198,143.47 211,263.16 TOTALS $37,603,126.89 $5,128.529.98 $2,472,562.75 $0.00 $40,259,094.12 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($198,406.04) PAYROLL ACCOUNT 44,755.44 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($152,400.60) INVESTMENTS: US TREASURY Money Market Acct. $597,147.91 LOCAL AGENCY INVESTMENT FD 37,603,083.65 FED HOME LOAN BANK NOTES 2,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 211,263.16 TOTAL INVESTMENTS $40,411,494.72 TOTAL CASH $40,259,094.12 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's Zest6ed ditures. James DeStefar, o, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of January 2008 Totals for month Less Investments matured during the month Total Investments: 2006-07 Actual Interest Income 2007-08 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Source of Fair Market Value: Wells Fargo Institutional Securities, LLC $ 40,411,494.72 $ 40,442,031.54 $ 394,483.02 .p +V,91 I"i`.14. I $1,792,094.62 $1,089,000.00 $991,217.27 91.021% Curr Month Institution Purchase Maturity Amount Current Par / Fair Market Interest Investment Type Rating Date Date Term At Cost [irininni Par X/in * o,.,.,.;vel o a_ - y••••-• fo GUGIVGU r OW State of California Local Agency Inv Fund AAA 37,603,083.65 37,628,620.47 391,506.25 4.620% Wells Fargo Bank US Treasury Money Market AAA $597,147.91 597,147.91 2,516.70 2.741% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 211,263.16 211,263.16 460.07 2.040% Wells Fargo Inst Securities Farm Credit Note AAA 01/18/08 07/28/10 2.5 Yrs 1,000,000 1,000,000 1,002,500.00 3.870% Wells Fargo Inst Securities Farm Credit Note AAA 01/25/08 01/25/11 3.0 Yrs 1,000,000 1,000,000 1,002,500.00 3.970% Totals for month Less Investments matured during the month Total Investments: 2006-07 Actual Interest Income 2007-08 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Source of Fair Market Value: Wells Fargo Institutional Securities, LLC $ 40,411,494.72 $ 40,442,031.54 $ 394,483.02 .p +V,91 I"i`.14. I $1,792,094.62 $1,089,000.00 $991,217.27 91.021% Agenda #— 6 .5 _ Meeting Date: March 4, 2008 CITY COUNCIL,00 ,- - �701� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Resolution No. 2008 -XX Establishi g a Reimbursement Policy in Accordance with Government Code Section 53232.2 and 53232.3 and Rescinding Resolution 2006-24 in its Entirety RECOMMENDATION: It is recommended that the City Council adopt the attached resolution adopting an expense reimbursement policy for the City Council and City employees. DISCUSSION: In December 1989 the City Council established a policy for reimbursing City Council members and City employees for business travel and other business expenses. Recent legislation (AB 1234) required the City to modify its existing policy. On March 7, 2006, the City Council conducted a study session to review the pertinent elements of the new policy. Unfortunately, the Resolution that was subsequently present to, and approved by, the City Council was slightly different than the version reviewed in study session. Specifically, the reimbursement policy discussed in study session included a section entitled "City Events" which clarified that for City sponsored events and promotional activities the reimbursement policy was not applicable. In certain circumstances, such as dinner meetings with State, Federal or County officials it is impractical to reimburse specific council members for meals or provide per diem. Unfortunately, this section was inadvertently omitted from the resolution approved by Council. This language has been included in the attached policy for Council consideration. In addition, staff is recommending two additional changes to the policy document. First it is recommended that the specific automobile reimbursement amount be eliminated. This amount is discussed and approved each year through the budget process. While the amount is not likely to change on an annual basis, having the specific amount identified in the policy would require the policy to be amended each time the amount is changed. Also, staff is recommending a clarification of the travel language for Sister City and International Travel. The following redline version (deletions shown in strokeeul./additions shown in bold). Notwithstanding other provisions set forth herein above, payment for Sister City visits and/or shall be limited to the payment of coach class air travel from LAX by the most direct route to the approved foreign city destination. In order to have such foreign travel paid, the City Council must authorize the visit and approve the Council member's or employee's travel. It is presumed that host foreign cities will provide the City approved delegate(s) with lodging and meals. Consequently, lodging and meals related to an approved foreign visit will not be paid by the City. Local foreign travel expenses, i.e., taxis or buses, or delegates' personal and incidental travel expenses shall not be reimbursed by the City. Any variance to this policy shall be considered and the decision related thereto shall be made at a regular or special meeting of the City Council. Travel in North America by City staff shall be approved on a case by case basis by the City Manager A few City software vendors are located in Canada. Also, in the past, professional organizations have held conferences or other specific training in Canada. So there may be times in the future that employees will be required to travel there for training, conferences, or educational seminars. It is appropriate for the City Manager to approve this type of travel. The following resolution has been reviewed and approved by the City Attorney. PREPARED BY: David Doyle, Assistant City Manager Resolution No. 2008 -XX establishing a reimbursement policy in Accordance with Government Code Section 53232.2 and 53232.3. Administrative Policy — City Council/Employee Automobile and Expense Reimbursement Policy. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A REIMBURSEMENT POLICY IN ACCORDANCE WITH GOVERNMENT CODE §§ 53232.2 AND 53232.3 AND RESCINDING RESOLUTION NO. 2006-24 IN ITS ENTIRETY The City Council of the City of Diamond Bar does resolve as follows: The City Council finds and declares as follows: Elected and appointed City Officials are responsible for promoting and protecting public health, safety, and welfare. Among other things, these duties may require City Officials to: • Discuss the City's concerns with state and federal officials; • Participate in regional, state and national organizations that affect the City's interests; • Attend educational seminars designed to improve City Officials' skills and provide information; and • Promote public service and morale. • Attend meetings, ceremonial events and other activities sponsored by constituents, neighborhood groups, business organizations and similar groups. • Promote economic development. • Meet with constituents, business owners and others with an interest in the City. It is in the public interest to reimburse City Officials' expenses incurred in connection with these activities consistent with the provisions of this Resolution. Therefore, the City Council of the City of Diamond Bar hereby approves, adopts and enacts the following: 1. Resolution 2006-24 is rescinded in its entirety 2. The attached CITY COUNCIL/EMPLOYEE AUTOMOBILE AND ADMINISTRATIVE EXPENSE POLICY is hereby adopted effective immediately. Declaration of Policy. This Resolution is adopted in accordance with Government Code §§ 53232.2 and 53232.3 so that the City of Diamond Bar may reimburse appropriate expenses incurred by elected and appointed City officials while on authorized travel or otherwise engaged in the conduct of City business. Absent City Council approval, and only in extraordinary circumstances, the City will not reimburse City Officials an amount greater than allowed by this Resolution for expenses incurred during the course of conducting City business. If any part of this Resolution 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 Resolution are severable. The City Clerk is directed to certify the passage and adoption of this Resolution; cause it to be entered into the City of Diamond Bar book of original Resolutions; 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 Resolution, cause it to be published or posted in accordance with California law. This Resolution will become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 4th day of March 2008. Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, certify that the foregoing Resolution was adopted 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: ABSTAI'NED:COUNCIL MEMBERS: Tommye Cribbins, City Clerk CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: Authority: City Council Minute order Effective: March 4, 2008 C Purpose The City of Diamond Bar recognizes the constructive value of attendance by City officials and employees at professional conferences, seminars, and meetings. In addition, the City recognizes that it is desirable and sometimes necessary for City officials and employees to attend meetings with other government officials, business organizations, community organizations and constituents, and to attend ceremonial events and other activities that promote or benefit the City. It is in the public interest to reimburse expenses incurred in connection with these activities consistent with the provisions of this policy. This policy has been prepared in compliance with California Government Code Sections 53232.2 and 53232.3. 2. Application The City reimburses its officials and employees for expenses incurred in connection with business related travel and attendance at meetings and events, in amounts designated in the approved City budget. The establishment of reasonable limits on expense reimbursement assures a prudent and responsible use of public funds and allows more officials and employees to attend beneficial conferences, seminars and meetings. Except as otherwise noted, this policy applies to all City elected and appointed officials and all City employees. Absent unusual circumstances and only with the permission of the City Council, expense reimbursements will not exceed the amounts set forth in this policy. "Reimbursement" for purposes of this policy means all forms of payment for expenses incurred by City officials and employees in the course of their official duties whether paid directly by the City (including without limitation, with a City -issued credit card) or advanced by City officials and employees with personal funds and later reimbursed from City funds. 3. Procedure Requests for authorization to travel shall indicate inclusive dates of travel, destination, purpose of trip, persons involved and mode of transportation. Requests shall be made to the City Manager or her/his designee. In the event of "short notice" trips, department heads, in their own best judgment, may travel or authorize travel, subject to subsequent approval by the City Manager. Where travel involves overnight lodging, authorization shall be by the City Manager or Assistant City Manager. 4. Method of Travel City officials and employees must use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct and time -efficient route. Government and group rates must be used when available if they are the least expensive fare. a) Automobile City officials and employees who do not receive an automobile allowance should use City vehicles to the extent possible. When necessary to use private automobiles, reimbursement to officials and employees who do not receive an automobile allowance will be at the official IRS rate for person vehicle miles driven in the course of official City business. Mileage will be measured to and from City Hall. Mileage reimbursement does not include bridge and road tolls and parking, which are also reimbursable. For those officials or employees receiving an auto allowance, only travel for City business outside of a radius of 60 miles from the City is authorized for mileage reimbursement. Out -of -area trips shall be reimbursed at the lesser of actual mileage expense or the least expensive available airfare. City Councilmembers may elect pursuant to Government Code Section 1223 to receive a flat monthly expense reimbursement of $250 to reimburse them for automobile expenses related to performance of their duties within a 60 mile radius of the City. The City Council finds that this amount accurately reflects actual automobile expenses for routine automobile expenses within the City and its immediate environs; no monthly bill is required for reimbursement of this amount. b) Air travel Reimbursement shall be calculated on the basis of the cost of travel by air using the shortest and most direct route. All air travel shall be booked at least fourteen (14) days in advance, when possible, so as to receive the lowest fares possible. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Flight insurance, in-flight beverages or flight entertainment shall not be included in a claim for reimbursement. Car rental. Rental rates that are equal or less than those available through the State of California's website (www.catravelsmart.com/default.htm) are considered the most economical and reasonable for purposes of reimbursement under this policy. d. Taxis/Shuttles. Taxi or shuttle fares may be reimbursed, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time -efficiency. When feasible, the lowest cost transportation provider should be utilized. Gratuities are considered incidental expenses and reimbursable as part of per diem. e. Airport Parking. Airport parking is reimbursable; long-term parking must be used for travel exceeding 24hours. 5. Lodging Lodging expenses will be reimbursed for when travel on official City business reasonably requires an overnight stay. Lodging expenses will be reimbursed only at the single occupancy rate for rooms. When an additional charge is imposed for internet/broad band access, that charge may be reimbursed as part of the room rate. Conferences/Meetings. If lodging is associated with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable. 6. Out of Town Meals and Incidentals For meals and incidental expenses associated with City business outside of a 60 mile radius of the City where an overnight stay is required, a City official or employee may claim a per diem of $70 per day. Baggage handling fees and gratuities are incidental expenses and reimbursed as part of per diem. The time calculations for per diem starts when the City official or employee begins travel. For each 24-hour period thereafter, the City official or employee can claim the full per diem amount. If there is a period of time at the end of the trip that is less than 12 hours, the City official or employee cannot claim more than one-half (1/2) the per diem rate. Receipts are not required to claim per diem. Any reimbursement claim for expenses that exceed the per diem rate may constitute additional income for tax purposes. 7. (Local Meal Reimbursement (Meals associated with City business within a 60 mile radius of the City will be reimbursed in amounts not to exceed the following amounts: Breakfast: $15 Lunch: $20 Dinner: $35 8. Telephone/Fax/Cellular City officials and employees will be reimbursed for actual telephone and fax expenses incurred when traveling on City business. Telephone bills should identify which calls were made on City business. City Councilmembers may elect to receive reimbursement for actual minutes of cellular telephone use devoted to City business upon submission of annotated billings, or in the alternative, may elect to receive a flat allowance for City cellular telephone expenses or a cellular telephone provided by the City for use in connection with City business. City Councilmembers may elect to be provided a facsimile machine and dedicated facsimile line at their home for use in connection with City business. The City Council finds that the cost of the cellular phone or the flat cellular allowance accurately reflects the cost of actual cell phone usage; should Councilmembers elect either of those options, no monthly bill is required for reimbursement. City Councilmembers electing to receive the flat allowance must, however, provide proof annually that they have purchased continuous cellular telephone services. In addition, to facilitate internet connectivity so that City Councilmembers may access City files, e-mails from City staff, and respond to constituent concerns via e-mail, City Councilmembers may elect to receive broadband internet access at the City Councilmember residence at City expense. 9. Citv Events This policy is not applicable to meals provided in connection with City sponsored events and promotional activities. Records, including a list of those entertained, affiliation and purpose of entertainment to benefit the City must be maintained. 10. Registration fees Registration fees for approved conferences and seminars are reimbursable, but shall be paid in advance by the City whenever feasible. 11. Unauthorized Expenses No personal expenses, such as laundering or barbering, etc. shall be allowed. No claim for entertainment shall be allowed except when it is a regularly scheduled part of the meeting being attended. The City will not pay for expenses incurred by a city official for his or her spouse, significant other or family members in connection with conference registration, meals, transportation or miscellaneous expenses. The personal portion of any trip is not reimbursable. For example, if a City Official elects to travel to an event in advance or stay longer on personal business, the City need only reimburse the City Official for roundtrip travel costs and costs incurred during the event's duration; Political or charitable contributions or events are not reimbursable. Personal losses incurred while on City business are not reimbursable. Expenses for which City Officials receive reimbursement from another agency are not reimbursable. 12. Claim Substantiation All reimbursement claims other than per diem and flat allowances shall be substantiated by attaching receipts to a claim reimbursement form and filing with the Finance, Department for further action. Expense reports must document that the expense in question met the requirements of this policy. For example, if a meeting is with a legislator, the City official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. City officials and employees must submit their expense reports within thirty (30) days after an expense is incurred, accompanied by receipts documenting each expense. Unless included within a per diem, restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the City official or employee. All expenses are subject to verification that they comply with this policy. 13. ,Advances Officials or employees attending meetings or traveling on official City business may request an advance of funds to cover anticipated expenses for meals, lodging, travel and other reimbursable expenses. Normally, the City Manager is to receive requests for advance at least seven calendar days prior to need. The City Manager may waive the time constraint if deemed appropriate. All advances must be reported on the next expense statement submitted, but never more than thirty (30) calendar days from receipt. Any unexpended funds must be returned promptly to the Finance Department. 14. Credit Card Use Policy City Councilmembers may use credit cards issued to them by the City for any expense allowed by this policy. City credit cards may not be used for personal expenses, even if the City Councilmember subsequently reimburses the City. 15. Sister City and Other Out of Country Travel Notwithstanding other provisions set forth herein above, payment for Sister City visits shall be limited to the payment of coach class air travel from LAX by the most direct route to the approved foreign city destination. In order to have such foreign travel paid, the City Council must authorize the visit and approve the Council member's or employee's travel. It is presumed that host foreign cities will provide the City approved delegate(s) with lodging and meals. Consequently, lodging and meals related to an approved foreign visit will not be paid by the City. Local foreign travel expenses, i.e., taxis or buses, or delegates' personal and incidental travel expenses shall not be reimbursed by the City. Any variance to this policy shall be considered and the decision related thereto shall be made at a regular or special meeting of the City Council. Travel in North America by City staff shall be approved on a case by case basis by the City Manager 16. Reports to Leaislative Bod At the meeting following an activity, each elected and appointed official must briefly report on meetings attended at City expense. If multiple City officials attended, a joint report may be made. 17. Compliance With Laws ,some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the California Public Records Act. 18. Violation Of This Policy Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: o Loss of travel and/or reimbursement privileges; o A demand for restitution to the City; o The City's reporting the expenses as income to the City official and employees to state and federal tax authorities; o Civil penalties of up to $1,000 per day and three times the value of the resources used; and o Prosecution for misuse of public resources; o Removal from an appointed commission or board; and o Discipline of City employees, up to and including termination. Agenda # 6-6 Meeting Date: March 4, 2008 CITY COUNCIL ',` s�AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: APPROVE A CONTRACT AMEN MENT WITH ADVANTEC CONSULTING ENGINEERS, FOR THE DESIGN OF TRAFFIC SIGNAL IMPROVEMENTS AT GOLDEN SPRINGS DRIVE/LEMON AVENUE AND AT BREA CANYON ROAD/DIAMOND BAR BOULEVARD IN THE AMOUNT OF $18,000 PLUS A CONTINGENCY AMOUNT OF $2,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $20,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: For Fiscal Year 2007-2008, the Capital Improvement Program (CIP) Budget includes an appropriation of Proposition C Funds in the amount of $175,000 for design and construction of traffic signal improvements at Golden Springs Drive/Lemon Avenue and Brea Canyon Road/Diamond Bar Boulevard. BACKGROUND/DISCUSSION: Currently, many of the traffic signals in Diamond Bar are using older vehicle detection technology. Due to the traffic volumes experienced by the arterial intersections of Golden 'Springs Drive/Lemon Avenue and Brea Canyon Road/Diamond Bar Boulevard, use of video detection technology is the preferred method of operation. With the upcoming implementation of the City's Traffic Management System, video detection allows for a greater level of data integration than traditional loop detection because the technology is able to generate traffic counts per lane of travel. These traffic signals will also be improved with battery back-up supply units to provide power to operate during outages and allow for in-line power conditioning during normal operations. Advantec Consulting Engineers submitted a proposal for the subject project on February 26, 2008. Advantec has extensive traffic signal design experience and a firm understanding of the conditions and constraints in Diamond Bar. Advantec has been serving as one of the City's traffic engineering consultants since 2002 and they have committed to deliver the project in a timely manner. The scope of services includes the preparation of design plans, specifications, and estimates for the subject traffic signals. The tentative project schedule is as follows: Start Project Design Complete Project Design Award Contract Start Construction Complete Construction PREPARED BY: Rick Yee, Senior Engineer REVIEW Dai G. Li , Director of Public Works Attachments: Amendment to the Consulting Services Agreement Mar 2008 April 2008 May 2008 June 2008 July 2008 Date Prepared: February 27, 2008 2 AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 3 is made and entered into this 4th day of March 2008, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred) to as "CITY") and Advantec Consulting Engineers, Inc. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide engineering services related to technical support for implementation of the Diamond Bar Traffic Management System and for the Citywide Traffic Signal Timing Program. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated February 26, 2008, for the design of traffic signal improvements at Golden Springs Drive/Lemon Avenue and Brea Canyon Road/Diamond Bar Boulevard. Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 3 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. 3 shall be valid and binding. Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: Bernard K. Li, PE City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: Bernard K. Li, P.E. James DeStefano, City Manager CITY COUNCIL Agenda # 6.7 Meeting Date: March 4, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: STATUS REPORT ON INTE IM URGENCY ORDINANCE NO. 2 (2008) ADOPTED TO PROHIBIT THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS PURSUANT TO GOVERNMENT CODE SECTION 65858(d). RECOMMENDATION: Approve and issue this report pursuant to Government Code Section 65858. BACKGROUND/ANALYSIS: On February 5, 2008, the City Council adopted Interim Urgency Ordinance No. 02 (2008) that instituted a 45 -day moratorium in the issuance of permits for the establishment of amusement, entertainment and other specified congregation uses in the City. The moratorium provides a temporary relief from the potential impacts from the establishments of amusement, entertainment or other specified congregation uses, which compromised the public health, safety and welfare. The identified impacts from these facilities were noise, traffic, parking and law enforcement. Government Code Section 65858 requires that the legislative body issue a written report at least (10) ten days prior to the expiration of the Interim Urgency Ordinance, that describes the measures taken to alleviate the conditions which led to the adoption of the ordinance. This report serves as the "ten day" report and identifies the measures. Following the Interim Urgency Ordinance's adoption, staff researched various cities' codes and found that their codes have a variety of development standards regulating the operation of the uses, as well as location or distance requirements for creating a land use buffer zone. It is likely that City will have to craft new development standards and location criteria that best meet the needs of the city. Due to the matter's complexity and because time will be required prepare the new standards and location criteria, staff anticipates that the adoption of the new regulations and updating the Development Code will not be complete before the Interim Urgency Ordinance's March 18, 2008 expiration date. Consequently, as a separate matter, staff will recommend that the Council extend the Urgency Ordinance for an additional 10 months and 15 days. r-npared v Nancy Fors , A Community Development Director Attachment: 1. Ordinance No. 02 (2008) 0c Reviewed By Dave Doyle Assistant City Manager ORDINANCE NO.02 (2008) AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. Currently the establishment of amusement, entertainment and other specified congregation uses and facilities is permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards and locational criteria for amusement, entertainment and specified congregation facilities. It is likely that zoning standards for these uses will change as a result of this update. Due to the recent proliferation of complaints about amusement and entertainment uses and because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new amusement, entertainment and specified congregation facilities and uses in the commercial and office zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. SECTION 2. The issuance of permits for new amusement, entertainment and specified congregation uses in the commercial and office zoning districts in the City of Diamond Bar is hereby prohibited. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for new amusement, entertainment or specified congregation facilities or uses shall be approved or issued in the commercial and office zoning districts in the City during the pendency of this Ordinance or any extension thereof. SECTION 3. Definitions. For purposes of this Ordinance, an "amusement, entertainment or specified congregation facility or use" shall be defined as and shall include the following: Clubs, lodges and private meeting halls Computer servicestnetwork gaming centers Indoor amusement/entertainment facilities Bars and nightclubs SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 5. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent proliferation of complaints demonstrate that amusement, entertainment and specified congregation uses are posing a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new amusement, entertainment and specified congregation uses that may be inconsistent with new zoning standards currently being developed until those revised regulations can be established and adopted. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. SECTION 8. The City Council hereby finds and determines that the adoption of the Urgency Ordinance is exempt pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15061 (b)(3) and 15308 and guidelines promulgated thereunder. PASSED, APPROVED AND ADOPTED THIS 5`h DAY OF FEBRUARY 2008, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY. < Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar 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 was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of February, 2008 by the following vote: AYES: Council Members:Cha;ng e Herrera, Tye, XPT/Eve ett, L/Tar.aka NOES: Council Members: jyor..£ ABSENT: Council Members: oiie ABSTAIN: Council Members: -Norte d. & a, City Clerk, City of Diamond Bar CITY COUNCIL Agenda # 7.1 Meeting Date: March 4, 2008 AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: AN ORDINANCE OF THE ITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. RECOMMENDATION: Adopt Ordinance No. 02A (2008). BACKGROUND/ANALYSIS: On February 5, 2008, the City Council approved Interim Urgency Ordinance No. 02A (2008) that instituted a 45 -day moratorium in the issuance of permits for the establishments of amusement, entertainment and other specified congregation uses in the City of Diamond Bar. The reason for the adoption of the Interim Urgency Ordinance was to address the increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. Staff is researching various cities' codes and found that their codes have a variety of development standards regulating the operation of the uses, as well as location or distance requirement for creating a land use buffer zone. It is likely that City will have to craft new development standards and location criteria that best meets the needs of the city. Time will be required to prepare the new standards and location criteria, adopt the new regulations, and update the Development Code. While the City is crafting the new regulations, there is an immediate threat to the public health, safety and welfare pose by the amusement, entertainment and other specified congregation uses. Therefore, the extension of the Interim Urgency Ordinance is necessary to alleviate and address that threat until the permanent regulations can be established. Government Code Section 65858 authorizes Council to extend the Urgency Ordinance for 10 months and 15 days for a total of one year at a noticed public hearing. ENVIRONMENTAL REVIEW: In accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on February 22, 2008, in a 1/8 page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 1/8 page in one newspaper of general circulation. PREPAE:D B Nanc'y'-zFongVA11CP Community 0sv21apment Director Attachments: 1. Ordinance No. 02A (2008); and 2. Interim Ordinance No. 02 (2008) 2 REVIEWED BY: 0 Dave Doyle Assistant City Manager ORDINANCE NO.02 (2008) AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. Currently the establishment of amusement, entertainment and other specified congregation uses and facilities is permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards and locational criteria for amusement, entertainment and specified congregation facilities. It is likely that zoning standards for these uses will change as a result of this update. Due to the recent proliferation of complaints about amusement and entertainment uses and because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new amusement, entertainment and specified congregation facilities and uses in the commercial and office zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. SE=CTION 2. The issuance of permits for new amusement, entertainment and specified congregation uses in the commercial and office zoning districts in the City of Diamond Bar is hereby prohibited. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for new amusement, entertainment or specified congregation facilities or uses shall be approved or issued in the commercial and office zoning districts in the City during the pendency of this Ordinance or any extension thereof. SE=CTION 3. Definitions. For purposes of this Ordinance, an "amusement, entertainment or specified congregation facility or use" shall be defined as and shall include the following: Clubs, lodges and private meeting halls Computer services/network gaming centers Indoor amusement/entertainment facilities Bars and nightclubs SE=CTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 5. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent proliferation of complaints demonstrate that amusement, entertainment and specified congregation uses are posing a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new amusement, entertainment and specified congregation uses that may be inconsistent with new zoning standards currently being developed until those revised regulations can be established and adopted. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. SECTION 8. The City Council hereby finds and determines that the adoption of the Urgency Ordinance is exempt pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15061 (b)(3) and 15308 and guidelines promulgated thereunder. PASSED, APPROVED AND ADOPTED THIS 5`h DAY OF FEBRUARY 2008, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: C�5�� Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar 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 was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of February, 2008 by the following vote: AYES: Council Members: Ch inq w Herrera_o Tye, APT/Everett, �1, % T_3 i3ak: NOES: Council Members: Fyr,)r e ABSENT: Council Members:,io le ABSTAIN: Council Members:Noi-je City Clerk, City of Diamond Bar ORDINANCE NO. 02A (2008) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Moratorium Extended. Ordinance No. 02 (2008), adopted February 5, 2008, is hereby extended for 10 months and 15 days. Section 2. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (60 months, or by both such fine and imprisonment. Each and every clay such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 3. Severability. If any part or provision of this Ordinance or the application to any peon or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 4. Purpose and Findings: Urgency. Currently the establishment of amusement, entertainment and other specified congregation uses and facilities permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards ad locational criteria for amusement and specified congregation facilities. It is likely that zoning standards of these uses will change as a result of this update. Due to the proliferation of complaints about amusement and entertainment uses and because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to extend an interim moratorium on the establishment of amusement, entertainment and other specified congregation uses as of the date of adoption hereof, until new regulations are prepared and adopted by the City council. Based on the forgoing and the immediate threat to the public health, safety and welfare pose by the amusement, entertainment, and other specified congregation uses, this Ordinance is necessary to alleviate and address that threat until permanent zoning regulations can be established. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption of a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of 10 months and 15 days from March 21, 2008 unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. Section 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any other City code, ordinance, resolution or policy. Section 6. California Environmental Quality Act Finding. Pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. PASSED, APPROVED AND ADOPTED this 4th day of March, 2008. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar 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 4th day of March and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the 4th day of March by the following vote: AYES Council Members: Tommye Cribbins City Clerk CITY COUNCIL Agenda # 7.1 Meeting Date: March 4, 2008 AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: AN ORDINANCE OF THE ITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. RECOMMENDATION: Adopt Ordinance No. 02A (2008). BACKGROU NDIANALYSIS: On February 5, 2008, the City Council approved Interim Urgency Ordinance No. 02A (2008) that instituted a 45 -day moratorium in the issuance of permits for the establishments of amusement, entertainment and other specified congregation uses in the City of Diamond Bar. The reason for the adoption of the Interim Urgency Ordinance was to address the increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. Staff is researching various cities' codes and found that their codes have a variety of development standards regulating the operation of the uses, as well as location or distance requirement for creating a land use buffer zone. It is likely that City will have to craft new development standards and location criteria that best meets the needs of the city. Time will be required to prepare the new standards and location criteria, adopt the new regulations, and update the Development Code. While the City is crafting the new regulations, there is an immediate threat to the public health, safety and welfare pose by the amusement, entertainment and other specified congregation uses. Therefore, the extension of the Interim Urgency Ordinance is necessary to alleviate and address that threat until the permanent regulations can be established. Government Code Section 65858 authorizes Council to extend the Urgency Ordinance for 10 months and 15 days for a total of one year at a noticed public hearing. 1 ENVIRONMENTAL REVIEW: In accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on February 22, 2008, in a 118 page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 118 page in one newspaper of general circulation. Attachments: 1. Ordinance No. 02A (2008); and 2. Interim Ordinance No. 02 (2008) REVIEWED BY: Dave Doy Assistant City Manager 2 ORDINANCE NO.o2 (2008) AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. Currently the establishment of amusement, entertainment and other specified congregation uses and facilities is permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards and locational criteria for amusement, entertainment and specified congregation facilities. It is likely that zoning standards for these uses will change as a result of this update. Due to the recent proliferation of complaints about amusement and entertainment uses and because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new amusement, entertainment and specified congregation facilities and uses in the commercial and office zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. SECTION 2. The issuance of permits for new amusement, entertainment and specified congregation uses in the commercial and office zoning districts in the City of Diamond Bar is hereby prohibited. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for new amusement, entertainment or specified congregation facilities or uses shall be approved or issued in the commercial and office zoning districts in the City during the pendency of this Ordinance or any extension thereof. SECTION 3. Definitions. For purposes of this Ordinance, an "amusement, entertainment or specified congregation facility or use" shall be defined as and shall include the following: Clubs, lodges and private meeting halls Computer services/network gaming centers Indoor amusement/entertainment facilities Bars and nightclubs SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 5. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent proliferation of complaints demonstrate that amusement, entertainment and specified congregation uses are posing a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new amusement, entertainment and specified congregation uses that may be inconsistent with new zoning standards currently being developed until those revised regulations can be established and adopted. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. SECTION 7. Conflicting taws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. SECTION 8. The City Council hereby finds and determines that the adoption of the Urgency Ordinance is exempt pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15061 (b)(3) and 15308 and guidelines promulgated thereunder. PASSED, APPROVED AND ADOPTED THIS 5" DAY OF FEBRUARY 2008, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar 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 was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of February, 2008 by the following vote: AYES: Council Members:chamg, Herrera, T. -,.Te, ; T/Exrc— et—L, NOES: Council Members:yoz.,.e ABSENT: Council Members:;] ,,e ABSTAIN: Council Members:i.aie 'L. a a, . City ClerQ City of Diamond Bar ORDINANCE NO. 02A (2008) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Moratorium Extended. Ordinance No. 02 (2008), adopted February 5, 2008, is hereby extended for 10 months and 15 days. Section 2. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (60 months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 3. Severability. If any part or provision of this Ordinance or the application to any peon or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 4. Purpose and Findings: Urgency. Currently the establishment of amusement, entertainment and other specified congregation uses and facilities permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards ad locational criteria for amusement and specified congregation facilities. It is likely that zoning standards of these uses will change as a result of this update. Due to the proliferation of complaints about amusement and entertainment uses and because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to extend an interim moratorium on the establishment of amusement, entertainment and other specified congregation uses as of the date of adoption hereof, until new regulations are prepared and adopted by the City council. Based on the forgoing and the immediate threat to the public health, safety and welfare pose by the amusement, entertainment, and other specified congregation uses, this Ordinance is necessary to alleviate and address that threat until permanent zoning regulations can be established. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption of a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of 10 months and 15 days from March 21, 2008 unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. 3 Section 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any other City code, ordinance, resolution or policy. Section 6. California Environmental Quality Act Finding. Pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. PASSED, APPROVED AND ADOPTED this 4th day of March, 2008. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar 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 4th day of March and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the 4th day of March by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST 4 Tommye Cribbins City Clerk ❑ .a TO: r i 1 i i is ! • � 1' i `y _ 1a � ► FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: Signature CITY CLERK \ P �` �C Y'f, ��I ` ' ref ❑, �_.� • I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. r `�Sigrr�ature ,�