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HomeMy WebLinkAbout07/01/2008City Council Agendc7 CW'nk��nN�Y�/ Tuesday, July 1, 2008 6:00 p.m. — Closed Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Jack Tanaka Mayor Pro Tem Ron Everett Council Member Wen Chang Council Member Carol Herrera Council Member Steve Tye City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate, PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www.cityqfdiamondliar.com. A full agenda packet is available for review during the meeting in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings (909) 839-7010 Computer access to agendas: www,cityofdiamondbar,com General Information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IS ALSO AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 1, 2008 Next Resolution No. 2008-27 Next Ordinance No. 04(2008) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda No. Government Code Section 54956.9(c) Initiation of Litigation — One Case. No. Government Code Section 54956.8 — Conference with Real Property Negotiator Property Address: Summitridge Mini -Park APN # 8701013902 Agency Negotiator: City Manager Under Negotiation: Price and Terms CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m Mayor Jeremy Defriend, Worship Leader, Diamond Canyon Christian Church Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. JULY 1, 2008 PAGE 2 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Introduction of Deputy Chief, Mike Bryant, with the Los Angeles County Fire Department East Region. 1.2 Proclaiming July, 2008 as Parks and Recreation Month. BUSINESS OF THE MONTH: 1.3 Presentation of City Tile to Kyala Sushi & Japanese Cuisine, 1178 S. Diamond Bar Blvd., as Business of the Month, July, 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by Brandon Goshi Metropolitan Water District. 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 Independence Day Holiday — City Offices will be closed, Friday, July 4, 2008 in observance of Independence Day. Offices will reopen on Monday, July 7, 2008. 5.2 4th of July Celebration (Concert and Fireworks) — July 4, 2008 — 5:00 p.m., 9:30 p.m., Diamond Bar High School, 21400 Pathfinder Rd. performance by the Ravelers and Fireworks beginning at 9:00 p.m. 5.3 Planning Commission Meeting — July 8, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 Concerts in the Park (Suave — Latin Variety) — July 9, 2008 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. JULY 1, 2008 PAGE 3 5.5 Movies Under the Stars — Surfs Up) July 9, 2008 — Immediately following the Concert, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.6 Traffic and Transportation Commission Meeting — July 10, 2008 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.7 City Council Meeting — July 15, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes - Regular Meeting of June 17, 2008 — Approve as submitted. 6.2 Traffic and Transportation Commission Minutes — Regular Meeting of May 8, 2008 - Receive and file. 6.3 Ratification of Check Register — dated June 12, 2008 through June 25, 2008 totaling $677,130.91. Requested by: Finance Department 6.4 Approval of a Consulting Services Agreement with Gary L. Neely for Governmental Affairs Consulting Services for 18 months at $1,620 per month. Recommended Action: Approve. Requested by: Finance Department 6.5 Award of Contract to "And 1 Officials" to Officiate the City's Youth and Adult Basketball Programs for the Period of July 1, 2008 through June 30, 2009 in the Amount Not -to -Exceed $35,000. Recommended Action: Award. Requested by: Community Services Department 6.6 Award of Contract to Tennis Anyone for Recreation Tennis Classes for the Period of July 1, 2008 through June 30, 2009 in the Amount of $65,000. Recommended Action: Award. Requested by: Community Services Department JULY 1, 2008 PAGE 4 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearings for Lighting and Landscape Districts Nos. 38, 39 and 41: (a) Adopt Resolution No. 2008 -XX — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 38 for FY 2008-09. Recommended Action: Open the Public Hearing, receive testimony, close the Public Hearing and adopt. (b) Adopt Resolution No. 2008 -XX — Levying an Assessment on City Diamond Bar Landscaping Assessment District No. 39 for FY 2008- 09. Recommended Action: Open the Public Hearing, receive testimony, close the Public Hearing and adopt. (c) Adopt Resolution No. 2008 -XX — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 41 for FY 2008-09. Recommended Action: Open the Public Hearing, receive testimony, close the Public Hearing and adopt. Requested by: Public Works Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 17, 2008 CLOSED SESSION: 6:00 p.m. — Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9— Initiation of Litigation — One Case 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. PLEDGE OF ALLEGIANCE: INVOCATION: Church, gave the invocation. ROLL CALL: Everett and Mayor Tanaka. C/Herrera led the Pledge of Allegiance. Monsignor James Loughnane, St. Denis Catholic Council Members Chang, Herrera, Tye, Mayor Pro Tem Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Ken Desforges, IS Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ryan McLean, Asst. to City Manager; Rick Yee, Senior Engineer; Joyce Lee, Sr. Management Analyst; Kimberly Molina, Associate Engineer; Patrick Gallegos, Management Analyst; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: M/Tanaka announced that Consent Calendar Items 6.5(I) and 6.8(c) were being pulled and would be presented to Council at a future date. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tanaka and C/Tye presented Certificates of Recognition to members and coaches of the Diamond Ranch High School Panthers Varsity Baseball Team in recognition of their participation in the CIF Playoffs. NEW BUSINESS OF THE MONTH: 1.2 M/Tanaka presented a City Plaque to Eric and Sarita Schubel, owners of Panini Grill/Mix It Up Ice Cream, 2040 S. Brea Canyon Road as New Business of the Month for June 2008. JUNE 17, 2008 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: PWD/Liu introduced Christian Malpica Perez, Associate Engineer who will oversee operation of the Traffic Management Center and provide support for other traffic management duties. 3. PUBLIC COMMENTS: Robert Deerfield stated that he had been visited by the Inland Valley Humane Society to collect a pet tax. He further stated that neither he nor his neighbors had been notified prior to their visit that there was a pet tax. He suggested that the City do more to publicize such an event. Sid Mousavi who previously served the City as its engineer recently moved his residence and business to D.B. and complimented staff for improving the quality of life for residents. Fly Girl, Diamond Bar Library, spoke about the Library's Summer Reading and Movie Program. Aziz Amid, President, Regional Chamber of Commerce, Nef Cortez, Past President, and Maggie Yen, member of the Chamber, thanked Council for approving the contract between the Chamber and City for FY 2007-2008 and thanked CM/DeStefano for formulating a model contract for the Chamber. They asked Council for unanimous approval of the FY 2008-2009 contract and encouraged the Council to continue to explore new ideas for improving the City's economy. At Rumpilla, felt that the program under Consent Calendar Item 6.4 (a) Home Improvement Program (HIP) should be better advertized to residents because it is a great program for low income homeowners who qualify. He further stated that Art who heads up the program should be commended for his efforts in providing good customer service. Debbie Obregon, 21217 Washington St., Sp. 55 spoke regarding Consent Calendar Item 6.7(e) Dial -a -Cab program. She presented Council with a written proposal explaining why riders should be given 50 rides per month instead of the 30 currently offered. 4. RESPONSE TO PUBLIC COMMENTS: ACM/Doyle responded to Mr. Deerfield's comments regarding the Inland Valley Humane Society by stating that every two years the Inland Valley Humane Society conducts its citywide canvassing which is intended to generate dog or animal licensing fees established through an Ordinance passed by the City Council. Information regarding this program is provided through a variety of mechanisms including the City News that is delivered to every D.B. home on a monthly basis; the City's Website, DBTV 3 and others. Staff will endeavor to provide better JUNE 17, 2008 PAGE 3 CITY COUNCIL communication to the residents regarding this program in the future. CM/DeStefano responding to Mr. Rumpilla stated that the City's Home Improvement Program has limited funding from the Federal Government. Although the program is not heavily advertized, when it is, it generates a lot of interest resulting in a long waiting list. If anyone has questions regarding eligibility, information is available on the City's Website or homeowners can contact City Hall at 839-7030. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — June 24, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Teen Night — Concert & Movie at Dusk (Thornbird/Transformers) — June 25, 2008 — 6:30 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. — Sponsored by DB 4 -Youth in Action. 5.3 Parks and Recreation Commission Meeting — June 26, 2008 — 7:00 p.m AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — July 1, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 4th of July Celebration (Concert and Fireworks) — July 4, 2008 — 5:00 p.m. to 9:30 p.m., Diamond Bar High School, 21400 Pathfinder Rd. — Performance by the Ravelers and Fireworks beginning at 9:00 p.m. 6. CONSENT CALENDAR: C/Chang moved, C/Herrera seconded, to approve the Consent Calendar with the exception of Items 6.5(a) and 6.8(c). 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 of June 3, 2008 —Approved as Submitted. 6.1.2 Regular Meeting of June 3, 2008 — Approved as Submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES: 6.2.1 Housing Element Workshop of May 13, 2008. 6.2.2 Regular Meeting of May 13, 2008. 6.3 RATIFIED CHECK REGISTER— dated May 29, 2008 through June 11, 2008 totaling $1,359,763.85. JUNE 17, 2008 PAGE 4 CITY COUNCIL 6.4 COMMUNITY DEVELOPMENT DEPARTMENT REQUESTS: (a) APPROVED PROFESSIONAL SERVICES AGREEMENT WITH LDM ASSOCIATES, INC. FOR PROVIDING HOME IMPROVEMENT PROGRAM (HIP) ADMINISTRATION SERVICES FOR THREE (3) YEARS ENDING JUNE 2011; AND, APPROVED FY 2008-09 HOME IMPROVEMENT PROGRAM ADMINISTRATIVE SUPPORT SERVICES IN THE AMOUNT OF $30,000. (b) APPROVED CONTRACT WITH DAPEER, ROSENBLIT & LITVAK, LLP FOR PROVIDING CITY PROSECUTOR SERVICES IN AN AMOUNT NOT -TO -EXCEED $40,000 FOR FY 2008-09. (c) APPROVED PROFESSIONAL SERVICES AGREEMENT WITH LDM ASSOCIATES, INC., FOR PROVIDING AS -NEEDED PLANNING SERVICES FOR A TOTAL OF THREE (3) YEARS. (d) APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS IN THE AMOUNT OF $62,400 FOR FY 2008-09. (e) AUTHORIZED CITY MANAGER TO CONTRACT WITH REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY FOR BUSINESS DEVELOPMENT AND RETENTION SERVICES IN THE AMOUNT OF $12,000 FOR FY 2008-09. 6.5 COMMUNITY SERVICES DEPARTMENT REQUESTS: (a) AWARDED CONTRACT TO TAMANG ELECTRIC, INC. FOR CONSTRUCTION OF AN EMERGENCY GENERATOR AT THE DIAMOND BAR CENTER IN THE AMOUNT OF $157,861, PLUS A CONTINGENCY OF $7,893 (5%) FOR A TOTAL AUTHORIZATION OF $165,754; AND, APPROPRATED $57,146 FROM THE PARK DEVELOPMENT FUND TO FULLY FUND THIS PROJECT. (b) AWARDED CONTRACT TO REEDCORP ENGINEERING IN THE AMOUNT OF $7,300 FOR CONSTRUCTION SUPPORT SERVICES TO BE PROVIDED DURING CONSTRUCTION OF THE EMERGENCY GENERATOR AT THE DIAMOND BAR CENTER, PLUS RATIFIED THE CITY MANAGER'S AWARD OF CONTRACT TO REEDCORP ENGINEERING TO DEVELOP CONSTRUCTION DOCUMENTS FOR THIS PROJECT IN THE AMOUNT OF $23,800 FOR A TOTAL AUTHORIZATION OF $31,100. JUNE 17, 2008 PAGE 5 CITY COUNCIL (c) AWARDED CONTRACT TO TWO HORSE CONSTRUCTION FOR CONSTRUCTION OF V -DITCH AND LANDSCAPING IMPROVEMENTS ON GOLD RUSH DRIVE EAST OF DIAMOND BAR BOULEVARD IN THE AMOUNT OF $62,500; PLUS, A CONTINGENCY OF $6,250 (10%) FOR A TOTAL AUTHORIZATION OF $68,750. (d) AWARDED CONTRACT TO EMAD NABIH FOR CONSTRUCTION OF TRAIL CONNECTIONS AT STEEP CANYON AND AT THE DIAMOND BAR CENTER IN THE AMOUNT OF $150,138.05; PLUS A CONTINGENCY OF $15,014 (10%) FOR A TOTAL AUTHORIZATION OF $165,152.05. (e) APPROVED AMENDMENT NO. 1 TO AGREEMENT WITH GROUP DELTA CONSULTANTS FOR CONSTRUCTION INSPECTION SERVICES FOR TWO (2) PROJECTS: 1) CONSTRUCTION OF V - DITCH AND LANDSCAPE IMPROVEMENTS AT STORM DAMAGED SLOPE ON GOLD RUSH EAST OF DIAMOND BAR BLVD.; 2) CONSTRUCTION OF TRAIL ACCESS POINTS AT STEEP CANYON/CLEAR CREEK CANYON AND DIAMOND BAR CENTER/SUMMITRIDGE PARK — FOR A TOTAL AMOUNT NOT - TO -EXCEED $48,740. (f) AWARDED CONTRACT TO INTERNATIONAL PAVEMENT SOLUTIONS, INC. FOR CONSTRUCTION OF STORAGE CONTAINER AND PAD AT PANTERA PARK NEAR BASKETBALL COURTS IN THE AMOUNT OF $58,214.58; PLUS, A CONTINGENCY OF $5,821 (10%) FOR A TOTAL AUTHORIZATION OF $64,035.58. (g) APPROVED CONTRACT AMENDMENT NO. 1 TO THE CONTRACT WITH RJM DESIGN GROUP FOR DESIGN OF PANTERA PARK STORAGE PAD TO REVISE CONTRACT IN AN AMOUNT NOT -TO - EXCEED $53,253; PLUS, ADDED CONSTRUCTION SERVICES TO SCOPE OF WORK AND TO EXTEND CONTRACT TERM THROUGH DECEMBER 31, 2008. (h) AWARDED CONTRACT TO CALIFORNIA SURFACING FOR TENNIS AND BASKETBALL COURT RESURFACING AT HERITAGE, MAPLE HILL, PANTERA AND RONALD REAGAN PARKS IN THE AMOUNT OF $64,000; PLUS, A CONTINGENCY OF $6,400 (10%) FOR A TOTAL AUTHORIZATION OF $70,400. (i) AUTHORIZED EXPENDITURE TO MCE CORP. IN THE AMOUNT OF $31,050 PLUS A 10% CONTINGENCY IN THE AMOUNT OF $3,105 FOR A TOTAL AUTHORIZATION OF $34,155 FOR SLURRY SEAL AND RESTRIPING OF THE DIAMOND BAR CENTER PARKING LOTS AND ACCESS ROADS. JUNE 17, 2008 PAGE 6 CITY COUNCIL (j) AWARDED CONTRACT TO MATLOCK ASSOCIATES FOR CONSULTING SERVICES TO COMPLETE THE UPDATE OF THE 1998 PARKS MASTER PLAN IN THE AMOUNT OF $146,900 AND AUTHORIZED A CONTINGENCY AMOUNT OF $10,000 FOR REIMBURSABLES FOR A TOTAL AUTHORIZATION OF $156,900; PLUS, APPROPRIATED $44,900 FROM THE PARKS DEVELOPMENT FUND TO FULLY FUND THE CONTRACT. (k) APPROVED AUTHORIZATION TO EXCEED CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LTD., IN AN AMOUNT NOT -TO - EXCEED $70,000 FOR FY 2008-09. 6.6 PUBLIC WORKS DEPARTMENT REQUESTS: (a) APPROVED CONTRACT AMENDMENT WITH REPUBLIC ELECTRIC FOR TRAFFIC SIGNAL MAINTENANCE SERVICES FOR FISCAL YEARS 2008-09 AND 2009-10. (b) APPROVED WASTE MANAGEMENT'S REVISED MONTHLY SERVICES RATES. (c) APPROVED PLANS AND SPECIFICATIONS, AND AWARDED CONSTRUCTION CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS AT BREA CANYON RD. /PATHFINDER RD., BREA CANYON RD. /DIAMOND BAR BLVD.; AND, GOLDEN SPRINGS DR. /LEMON AVE. IN THE AMOUNT OF $170,400 TO POUK & STEINLE, INC.; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $17,040 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $187,440. (d) APPROVED A CONTRACT AMENDMENT WITH ADVANTEC CONSULTING ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT DIAMOND BAR BLVD. AND BREA CANYON RD.; GOLDEN SPRINGS DR. AND LEMON AVE.; AND, BREA CANYON RD. AND PATHFINDER RD., IN THE AMOUNT OF $16,000 PLUS A CONTINGENCY AMOUNT OF $2,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $18,000. (e) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE 2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT TO CJ CONCRETE CONSTRUCTION, INC. IN THE AMOUNT OF $39,062.50 AND AUTHORIZED A CONTINGENCY JUNE 17, 2008 PAGE 7 CITY COUNCIL AMOUNT OF $4,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $43,062.50. (f) AWARDED PROFESSIONAL SERVICES CONTRACT TO HARDY & HARPER, INC. FOR FIVE (5) YEARS — FY 2008-09 THROUGH FY 2012-2013 — FOR ON-CALL STREET MAINTENANCE SERVICES SPECIFIC TO ROAD PAVEMENT, SIDEWALK CURB & GUTTER AND STRIPING MAINTENANCE. (g) APPROVED EXTENSION OF CONTRACT AGREEMENT WITH DIVERSIFIED TRANSPORTATION, LLC FOR FY 2008-09 DIAMOND RIDE (DIAL -A -CAB) SERVICES. (h) REALLOCATED PROP. 1 B FUNDS IN THE AMOUNT OF $350,000 TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2007-08; APPROVED PLANS AND SPECIFICATIONS; DECLARED THE BID SUBMITTED BY DOUG MARTIN CONTRACTING CO. NON-RESPONSIVE AND AWARDED THE CONSTRUCTION CONTRACT FOR RESIDENTIAL AREA 4 AND ARTERIAL ZONE 2 ROAD MAINTENANCE PROJECT TO AMERICAN ASPHALT SOUTH, INC. IN THE AMOUNT OF $1,712,430.50; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $102,745.83 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,815,176.33. (i) AMENDED DESIGN SERVICES CONTRACT WITH NORRIS-REPKE FOR RESIDENTIAL AREA 4 AND ARTERIAL ZONE 2 ROAD MAINTENANCE PROJECT IN THE AMOUNT OF $11,390. 6.7 IS DEPARTMENT REQUESTS: (a) APPROVED ONE YEAR CONTRACT WITH COMDYN GROUP, INC. (COMDYN) FOR PURCHASE OF SECURITY RELATED PROFESSIONAL/TECHNICAL SERVICES AND GIS RELATED PROFESSIONAL/TECHNICAL SERVICES, FOR A TOTAL CONTRACT COST NOT -TO -EXCEED $75,000 FOR FY 2008/09 AND AUTHORIZED THE CITY MANAGER TO SIGN THE CONTRACT. (b) APPROVED CONTRACT WITH SIMPLEX/GRINNELL, INC. (SIMPLEX/GRINNELL) FOR REDESIGN OF EXISTING WET SPRINKLER SYSTEM TO INCORPORATE A DRY GAS FIRE SUPPRESSION COMPONENT IN THE CITY'S DATA CENTER FOR A TOTAL CONTRACT COST NOT -TO -EXCEED $55,000, AND A CONTINGENCY AMOUNT OF $3,500 FOR A TOTAL AUTHORIZATION OF $58,500; AND, AUTHORIZED THE CITY JUNE 17, 2008 PAGE 8 CITY COUNCIL MANAGER TO SIGN THE CONTRACT. 6.8 CITY MANAGER REQUESTS: (a) APPROVAL OF AN AMENDMENT TO THE LICENSE AGREEMENT WITH OMNIPOINT COMMUNICATION, INC., A DELAWARE CORPORATION, A SUBSIDIARY OF T -MOBILE USA, INC., TO CONSTRUCT A WIRELESS COMMUNICATION SITE AT SUMMITRIDGE PARK. (b) APPROVED REINSTATEMENT OF ONE (1) SWORN LAW ENFORCEMENT POSITION IN THE FY 2008-09 BUDGET, AND APPROPRIATED $148,000 FROM GENERAL FUND RESERVES. (c) INCREASED THE CITY'S FY 2007-08 TRANSIT PASS SUBSIDY FARE REVENUE AND TRANSIT PASS SUBSIDY FARE EXPENDITURES BY $65,000. (d) INCREASED THE CITY'S FY 2007-08 DIAMOND RIDE DIAL -A -CAB BUDGET BY $700,000 FOR A TOTAL APPROPRIATION OF $420,000 FROM PROP A TRANSIT FUNDS. ITEMS REMOVED FROM CONSENT CALENDAR: 6.5(i) ACCEPTANCE OF WORK PERFORMED BY FS CONSTRUCTION FOR CONSTRUCTION OF BATTING CAGES AT PETERSON AND PANTERA PARKS; DIRECT THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. Continued to July 1, 2008. 6.8(e) APPROVE AN AMENDMENT TO THE AGREEMENT OF PURCHASE AND SALE BETWEEN THE CITY AND HORIZON PACIFIC, INC., A CALIFORNIA CORPORATION FOR THE SURPLUS PROPERTY AT 1325 SUMMITRIDGE DRIVE, REDUCING THE SALE PRICE FROM $1.255 MILLION TO $933,750 TO REFLECT LIMITATIONS IN DEVELOPABLE ACREAGE. Continued to July 1, 2008. 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARINGS FOR LIGHTING AND LANDSCAPE DISTRICTS NOS. 38, 39 AND 41 (Continued to July 1, 2008) JUNE 17, 2008 PAGE 9 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 REPORT ON THE DIAMOND RIDE (DIAL -A -CAB) PROGRAM: PWD/Liu explained how the program currently functions and that it has proved to be a much-needed and appreciated alternative mode of transportation. However, many factors have rendered the program very costly. For example, gasoline has risen to approximately $4.53 per gallon compared to November 2001 when the price per gallon was $1.42. To continue viability of the program staff examined the current state of the program and offered the following analysis: In addition to the geographic boundaries there are 13 designated medical facilities. To date the City has a total of 1,342 registered Diamond Ride Users with an average monthly ridership of 1,863 and average monthly contract expense of $35,467.48. Demand for service continues to increase and has steadily increased on a monthly basis since January 2008. Staff compared Fiscal Years 2001-2002 to the current Fiscal Year 2007-2008 and found that the current fiscal year experienced the highest monthly cost. Staff expects that monthly costs and usage will increase due to the low cost of using the service and the continued increase in fuel costs. Assuming that the net monthly cost continues to average approximately $40,000 it is estimated that for Fiscal Year 2008-09 the expenditure will reach about $500,000. Recently, the City Council approved a budget amount of $400,000 for the program which resulted in a 25% expenditure increase. Currently, staff is reviewing options that include a voucher program, increased funding for the program, enforcement of established service guidelines, volunteer driving programs, increasing the fare, restricting the list to the 13 designated medical facilities and eliminate on a case-by-case basis for facilities not currently listed and review and modify geographic boundaries. Staff continues to review the program and seeks direction from the City Council. Jerry Hamilton asked for help for residents who cannot afford to get to and from their medical facilities. In addition, the Diamond Bar Center has no bus service and the only way for some seniors and the disabled to get to the facility is by Dial -a -Cab. The Council should consider the needs of its residents first. Mike Graves, a 38 -year resident, said he lost his sight about five years ago and needs the program. He asked if City of Hope was on the approved list. He would like to have the City increase the number of allowable trips to 50. C/Tye asked how many times per month Mr. Graves used the service and he said about 20 round trips or 40 trips total. Donna Rumpilla, resident, said the program offers a good service to residents and asked Council to consider more medical access for residents. She also asked that the City publicize the program via medical JUNE 17, 2008 PAGE 10 CITY COUNCIL centers and doctors and asked that the program not be eliminated or reduced. Linda Graves said she still has to work in order to get benefits for her husband Mike, and she would be unable to continue working if she had to take time off to transport her husband to his many doctor appointments. She works for a doctor and he did not tell her about the program, she found out about it on her own. The program needs to be publicized. All Rumpilla said he was disappointed with staff's report. He wanted the City Council to be aware of where the money is coming from because D.B. could make it the best program in the nation. If riders are using the program to reach medical facilities the cost for the rider should be kept at $1.50 or waived. Prop A money is tax money that residents have paid. If the City can sell Prop A funds at 50 cents on the dollar the money is being wasted because every penny should be spent on this program and users should not have to be approved time and time again. The City should count each round trip as one trip. If this City needs more money for the program it should ask for more Prop A funds because it is not coming out of the General Fund. He urged the Council to form a citizens' committee so that problems can be addressed. C/Herrera asked staff how and where the City gets Prop A funds for this program. PWD/Liu responded that Prop A funds are based on population. Each year the City gets $800,000 to $900,000 in Prop A funds. CM/DeStefano stated that the funds are used for a variety of transit programs including the Dial -A -Cab and the Transit Pass program. C/Herrera asked if it was correct that the City could not increase its allocation without increasing its population. CM/DeStefano responded affirmatively. C/Herrera agreed that this was a very popular program and the City was pleased to offer the program to its residents. The City's population is aging evidenced by the declining enrollment in the school districts. Therefore, it behooves the City to take care of its aging population. She stated that she supports that effort and that the program is of benefit to the City's population and that it appears the need outweighs other types of transportation uses. In reviewing the approved list of medical facilities there are several in the same city. She recommended that Brea Community Hospital be eliminated from the list since it is now closed and not name specific facilities within the cities just the city. Also, Upland and San Dimas should be added to the list of the cities because these are places residents visit for their medical needs. From time to time and under special circumstances patients are referred to other JUNE 17, 2008 PAGE 11 CITY COUNCIL medical facilities beyond the City's boundary and such destinations should be approved under special circumstances because it is not the choice of the resident but rather his or her physician. Because this program is based more on need than on enhancements she recommended modifications be made to the program including deleting trips to the airport and deleting trips to malls outside of D.B. She thought 30 round -trips were allowed and felt that 30 one-way trips was an unreasonable expectation. C/Tye agreed with C/Herrera that as residents age this program is as important as anything the City does for the elderly and disabled. He believed City of Hope should be added as well as other facilities since this is not a budget issue. If there is a request for a resident to go to Loma Linda, for example, it should be allowed. If a resident is referred to City of Hope, for example and it requires a faxed authorization from the patient's primary physician why does the City continue to burden the doctor and staff with such requests if the referral results in a longer treatment period. He wondered why the City was providing transportation to the airport and Amtrak without charging full fare from the City limits to the final destination. In his opinion, the fact that fuel prices have risen so dramatically is further reason that the City must maintain this program. MPT/Everett did not question the need for the program. His big concern was how the City would allocate the costs and continue to service all of the needy folks. Classifying them as suggested by C/Tye is an interesting thought. Also, folks should be classified with respect to ability to pay and not pay. There are organizations to assist with supplemental funding. Not many cities have this type of a program because it is difficult and costly to administer. He said he liked the voucher program approach because in reviewing the report some folks have significant numbers every other month rather than every month. He recommended "reasonable flex" in the program and felt the Council should consider a fuel surcharge to be absorbed in the program. It is not "free" money — it is taxpayer money and he felt a keen responsibility for taxpayer money just as he did for General Fund monies. He supports the need but was reluctant to remove Amtrak and the airport and wants to see and hear more. C/Chang felt it was a great program for the City and that to his knowledge, no Council Member intended to eliminate the program. This discussion involves cost. Regardless of where the money comes from it is taxpayer money and must be used wisely, intelligently and effectively. For now the program is running smoothly and average one-way trips are running about $25. The program offers 30 -trips amounting to about $750 per month. Only about 13 of the riders require more trips so if only a few people are asking for special consideration it would not require an overhaul of the entire program. As gas prices and usage increases, the program cost will soon reach a half million dollars. He would rather leave the program as it exists and review on a case by case basis the need for individuals to go to distant facilities. JUNE 17, 2008 PAGE 12 CITY COUNCIL M/Tanaka suggested that staff review the program on an annual basis. He felt the current boundaries were generous and allowed residents to get to and from different locations. The $800,000 budget covers several programs and residents should not expect the City to provide this program but rather accept the program as a benefit. In fine-tuning the program the City needs to make sure that it is available to all who qualify on a fair and equal basis. He asked Council Members to provide their comments to staff for future consideration. C/Chang suggested that staff use the same principle as the City uses to administer the home improvement program on a case-by-case basis. C/Tye said that if the Council decided to include Amtrak and airport service it should be based on transporting folks to the border of D.B. and from the border on the flag goes up and residents pay the going rate. This program was designed to accommodate folks who are on a fixed-income and if the City does not come up with a program that accommodates those individuals the City does not get to use Prop A funds for this program. The City should not seek more users and the cost should not be increased — especially for those who are using the program for medical purposes. Prop A funds were implemented in 1980 when the voters agreed to a'/z cent sales tax increase. If the City provides someone a ride to Target for example, they are essentially giving back and that is what these funds were intended for and it behooves the City to continue to protect folks who are most impacted by fuel increases and skyrocketing costs. He would not want to limit the program to a certain number of dollars within a month and the fact that only 13 users are exceeding the number of trips is very encouraging. If the City agrees that Mike Graves should have 50 round trips so be it. Abuses should be eliminated and the program should be reserved for its intended use and folks should plan their trips carefully to include necessities. C/Herrera reiterated her suggestions explaining that in her opinion, trips to the airport were amenities whereas medical trips were necessities. She also suggested the program limit taking folks to shopping malls outside of D.B. because it would curtail expenses and enhance shopping within D.B. She would like staff to tell the City Council how much would be saved if the City eliminated those two items. MPT/Everett agreed with C/Herrera and asked staff to provide a guideline for providing for airport and Amtrak service in accordance with C/Tye's suggestion that the user pay the difference from the City's boundary to those destinations for what he believed was a fair option to continue providing the service. He would also like to see volunteer driving programs except for the legal issues. He further proposed that the City proceed with the current program at least until July and propose something to address case-by-case considerations, and prioritize according to medical, shopping and "other" with boundaries. He was hopeful there were financial aid options and other JUNE 17, 2008 PAGE 13 CITY COUNCIL program. C/Tye asked CM/DeStefano to address Mr. Rumpilla with respect to customer service, what is meant by a "voucher' program and a "volunteer' driving program. CM/DeStefano stated that City staff is responsible for administering the contract with the service provider and when complaints occur they are received by the Public Works staff. Public Works staff responds immediately to complaints and in addition, meets on a regular basis with the taxi companies to further discuss the issues. MA/Gallegos explained that the voucher/coupon program distributes 30 coupons to each Diamond Ride participant at the beginning of each month. Coupons are non -transferable and expire at the end of each month. The program makes certain that no individual will exceed the maximum allowed trips. The volunteer driving program is a community -driven non-profit based driving program and used to supplement the Dial -A -Cab program. Problems associated with the volunteer program include finding drivers, funding and insurance. CM/DeStefano stated that staff would present further information to the Council as directed at the July 15 meeting. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye welcomed the newest D.B. staff member. Last weekend was busy with the Relay for Life, Vantage Point Homeowners neighborhood barbecue, and the D.B. Chinese-American Association annual fundraising gala. On June 12th he, C/Herrera and MPT/Everett attended the LA Division of League of Cities meeting and last night he and CM/DeStefano attended the International Rotary Club Convention. He congratulated all D.B.H.S. and D.R.H.S. Seniors celebrating graduations this month. He encouraged everyone to take advantage of the Health Faire sponsored by Assemblyman Bob Huff on Saturday, June 28 from 11:00 a.m. to 3:00 p.m. at the Westfield Mall in West Covina. For more information contact Lea Hernandez at 909-860-5560. C/Herrera said she appreciated tonight's thorough discussion about the Dial -A -Ride program. She felt it was about balancing needs and funding with prudent decisions. She reminded the public that Thursday, June 26 will be the opening of the City's newest restaurant — Chile's - around lunchtime and hoped residents would support the business. C/Chang echoed C/Herrera's sentiments inviting everyone to participate and support the City's newest restaurant in the Target Center. During May, 177 graffiti sites were mitigated at a cost of $5,310. He reported that during May the Neighborhood Improvement Committee and enforcement officers cited 954 houses, JUNE 17, 2008 PAGE 14 CITY COUNCIL Which included illegal display of temporary banners, balloons, businesses signs, illegal signs on the City right-of-way, poor landscaping and lack of maintenance as well as, holiday lights, trash can debris, parking vehicles on unpaved surfaces and encroachment on the public right-of-way, etc. There will be a concert at 6:30 p.m. and a movie at dusk at Sycamore Canyon Park on June 25. He invited everyone to attend the July 4 celebration at D.B.H.S. MPT/Everett reported that he and other Council Members and staff attended the 49th annual California Contract Cities Conference on "Taking the Greener Path." He represented the City at the League of California Cities Mayors and Council Executive Forum and Advance Leadership Workshop where he was privileged to meet Judge Dave Rosenberg, a legend in city government. He acknowledged those who graduated from High School. He and M/Tanaka attended the monthly Chamber Government Affairs Committee meeting. Friday he attended a youth summit meeting hosted by the San Gabriel Council of Governments and sponsored by Sheriff Lee Baca and Attorney Constance Rice. M/Tanaka attended the Three Valleys Water District Meeting Breakfast; the Vantage Homeowners Association's goodbye to Brookfield Homes barbecue; the American Cancer Society D.B. Relay For Life and thanked all who hosted and participated. He attended the Father's Day luncheon with the D.B. Seniors; the Lorbeer Middle School Academic Awards night; the WCCA meeting; Regional Chamber meeting; and, the D.B. Girls Softball League Allstate Invitational Tournament last weekend. He also attended the annual performance of Polynesian Dancing and Marshall Arts Demonstration at the Hula Studio; and both he and C/Chang attended the LA County Fair D.B. Day at the Fair Committee meeting this morning. He wished his wife Wanda a Happy Anniversary as well as a Happy Anniversary to C/Tye and his wife Patty. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 9:15 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 MAY 8, 2008 CALL TO ORDER: Chairman Mok called the meeting to order at 7:02 p.m. in the South Coast Air Quality Manage ment/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner House led the Pledge of Allegiance. Commissioners Kevin Michael Shay, Vice Chairman Kenneth Mok House, Liana Pincher, Chairman Jimmy Lin, Also Present: David Liu, Public Works Director; Kimberly Molina, Associate Engineer and Marcy Hilario, Senior Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of the April 10, 2008 regular meeting. VC/Lin moved, C/Shay seconded, to approve the April 10, 2008 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: II. PUBLIC COMMENTS — None III. ITEMS FROM STAFF: House, Pincher, Shay, VC/Lin, None Chair/Mok None A. Received and Filed Traffic Enforcement Updates for: 1. Citations: February, March & April 2008 2. Collisions: February, March & April 2008 3. Street Sweeping: February, March & April 2008 IV. STATUS OF PREVIOUS ACTION ITEMS PWD/Liu updated the Commission on the Council's Fiscal Year '08-'09 Budget review. MAY 8, 2008 PAGE 2 T&T COMMISSION V. ITEMS FROM COMMISSIONERS — None VI. INFORMATIONAL ITEMS: A. Lorbeer Middle School Access — PWD/Liu reported that staff met with the office manager at Lorbeer Middle School to provide her with draft concepts and related issues including parking currently allowed along Diamond Bar Boulevard frontage. This matter is on hold pending input from the school. B. NTMP — Sunset Crossing Road and Prospectors Road — PWD/Liu stated that the final design plans are complete and staff is working with Caltrans to release state funding. C. Traffic Signal Interconnect Links — Phase I — PWD/Liu reported that the work on the system backbone commenced the end of April and will continue during the next four months. D. Verizon's FIOS Project — PWD/Liu stated that work commenced in the neighborhood west of Brea Canyon Road and Glenbrook on Monday, April 215. E. Grand Avenue Street Improvements — Phase III — PWD/Liu reported that the project is being advertised and bid is scheduled to open on May 15. The project includes street rehab and landscape improvements along Grand Avenue from Rolling Knoll easterly to the City limits. F. Industry's Grand Avenue Bridge Widening/Interchange Project — PWD/Liu reported that a project meeting has been scheduled for June. G. Lemon Avenue On/Off Ramps Project — PWD/Liu stated that responses to public comment have been prepared and are being reviewed by staff and Caltrans. Staff is working on options for disseminating the information to the residents. H. SR57/60 Feasibility Study — PWD/Liu reported that this week staff received geometrics for the three big fix alternatives and a full review is underway. I. Diamond Ride (Dial -A -Cab) Program — PWD/Liu stated that the City has had this program for many years to assist seniors and physically challenged individuals who require transportation around town and visit their physicians. This program has been in effect since the 1990's and the last time the Council looked at the program was in November 2001. Recently, there has been an increase in usage and that individuals are seeking transportation for reasons other than what was originally intended. Staff wants to make certain the program remains sound and successful in order to serve as many eligible residents as possible at a feasible cost. As a result, staff is conducting a thorough review of the program and has contacted the users to let them know that the City will be evaluating the program. Staff plans to make its recommendations to Council in June. VC/Lin asked if this was a subsidized program and PWD/Liu responded that it is 100 percent funded by Proposition A (County) money. VC/Lin asked if it was a coupon system and PWD/Liu outlined the current rules that state a single user can use up to 30 one-way trips per month within the designated areas. J. "Rocket Launcher" SCE Tower Relocation — AE/Molina said the work is completed. However, the City is running on only one line until 24-hour testing MAY 8, 2008 PAGE 3 T&T COMMISSION is completed before power is put back into the line by tomorrow evening. K. 2007-2008 CDBG Curb Ramp Project — AE/Molina reported that bid opening was on April 17. All bids were rejected by the City Council and the project will be re -advertised on Monday, May 12 for a second opening on June 5. L. NTMP — Palomino Drive — AE/Molina stated that this week staff held a kickoff meeting with KOA Corporation. The first submittal of design plans are expected to be available to staff by the first week of June with a goal of having plans completed by August, go out to bid and commence construction thereafter. Final design plans will be shared with the neighborhood in order to gain consensus. M. Residential —Area 4/Arterial — Zone 2 Slurry Seal Project—AE/Molina reported that the project is out to bid with an expected bid opening on May 29. The engineer's estimate for this project is $1.8 million. N. Chino Hills Parkway Street Rehab Project — AE/Molina stated that staff is targeting construction during the next fiscal year. C/Shay asked if Caltrans was responsible for maintaining small parkways leading to on/off ramps. PWD/Liu responded that C/Shay was correct. C/Shay commented that there were two -foot high brown weeds that were very unsightly for City entries and exits and the areas should be maintained. PWD/Liu said staff would pursue the matter. PWD/Liu indicated to VC/Lin that the City does not necessarily count traffic on an annual basis. This year the City has conducted citywide traffic counts and the information is being compiled by the City's traffic engineers. VIII. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mok adjourned the meeting at 7:51 p.m. The foregoing minutes are hereby approved this %=T� day of Attest: l irman Kenneth Mok , ij e Respectfuj,: D d G. u, Secretary CITY COUNCIL Agenda # 6.3 Meeting Date: July 1, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Maa TITLE: Ratification of Check Register da d June 12, 2008 through June 25, 2008 totaling $677,130.91. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $677,130.91 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated June 12, 2008 through June 25, 2008 for $677,130.91 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: G G�Loh ` ua � � 'k—A- )J U/ Finance( rector Assistant City Manager Attachments: Affidavit and Check Register — 06/12/08 through 06/25/08. 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 June 12, 2008 through June 25, 2008 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $494,695.91 Prop A - Transit Fund 52,621.39 Int. Waste Mgt Fund 18,071.25 AB2766 - AQMD Fund 2,295.28 CDBG Fund 56,456.17 LLAD 38 Fund 10,981.06 LLAD 39 Fund 6,533.96 LLAD 41 Fund 4,252.73 Capital Improvement Project Fund 31,223.16 $677,130.91 Signed: Linda G. Mag on Finance Director City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct 4 Amount Total Check Amount 6/12/2008 08 -PP 12 PAYROLL TRANSFER P/R TRANSFER 08/PP 12 001 10200 153,898.54 $169,737.34 6/12/2008 80513 PAYROLL TRANSFER P/R TRANSFER 08/PP 12 112 10200 6,055.39 $1,485.00 6/12/2008 PAYROLL TRANSFER P/R TRANSFER 08/PP 12 115 10200 7,100.81 6/12/2008 80514 PAYROLL TRANSFER P/R TRANSFER 08/PP 12 118 10200 1,445.28 $7,000.00 6/12/2008 PAYROLL TRANSFER P/R TRANSFER 08/PP 12 125 10200 1,237.32 6/12/2008 1 80512 IJOHNABRAM ENTERTAINMENT -TINY TOTS 1 0015350 1 45300 1 230.001 $230.00 6/12/2008 1 AT & T PH.SVCS-GENERAL 0014090 42125 29.06 6/12/2008 1 80513 AGI ACADEMY CORP ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 1,485.00 $1,485.00 6/12/2008 1 80514 JALL WEATHER ROOFING IHIP PROG-1781 AUTUMGLOW 1 1255215 1 44000 1 7,000.00 $7,000.00 6/12/2008 1 80515 JALLIANT INSURANCE SERVICES INC ISPL INS -TEEN CONCERT 1 0015350 1 45300 1 473.431 $473.43 6/12/2008 1 80516 ICHRISTINE ANN ANGELI ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 138.001 $138.00 6/12/2008 1 80517 JAPRIL I BATSON MTG-A BATSON 1 0015350 1 42340 1 15.001 $15.00 6/12/2008 1 80518 AT & T PH.SVCS-GENERAL 0014090 1 42125 24.81 $53.87 6/12/2008 1 AT & T PH.SVCS-GENERAL 0014090 42125 29.06 6/12/2008 1 80519 ISTEVE BARAJAS FACILITY REFUND-PANTERA 001 1 23002 1 100.001 $100.00 6/12/2008 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -75.60 6/12/2008 1 80520 IBENESYST 6/13/08-P/R DEDUCTIONS 001 1 21105 1 702.481 $702.48 6/12/2008 1 80521 IRICK BETACOURT A/V SVCS-P/INFO 0014095 1 44000 1 435.83 $435.83 6/12/2008 80522 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 75.60 $420.00 6/12/2008 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -75.60 6/12/2008 80524 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 420.00 $33.55 6/12/2008 1 80523 IBRUNDIGE GLASS SUPPLIES -COMM SVCS 1 0015340 42210 1 99.301 $99.30 6/12/2008 1 80524 JBSN SPORTS CORP SUPPLIES -COMM SVCS 1 0015350 41200 1 33.551 $33.55 6/12/2008 1 80525 ILAUREN CAO IFACILITY REFUND-PANTERA 1 001 23002 1 50.001 $50.00 Page 1 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/12/2008 80526 JUDY CARRILLO RECREATION REFUND 001 34720 57.00 $57.00 6/12/2008 1 80527 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 1 0015333 1 41200 1 92.491 $92.49 6/12/2008 1 DAVID EVANS AND ASSOCIATES INC ICONSTRUCTION-SYC CYN 2505310 1 46415 4,180.00 6/12/2008 1 80528 ICENTER ICE SKATING ARENA CONTRACT CLASS -SPRING 0015350 1 45320 1 54.00 $54.00 6/12/2008 1 80529 ELIZABETH CHEN RECREATION REFUND 1 001 1 34780 1 50.00 $50.00 6/12/2008 1 80530 JUNE CHEN RECREATION REFUND 1 001 1 34760 1 170.001 $170.00 6/12/2008 1 80531 ITAO CHEN IFACILITY REFUND-PANTERA 1 001 1 23002 1 50.001 $50.00 6/12/2008 1 80532 ICLAUDE G BRADLEY REIMB-NRPA MTG 1 0015310 1 42330 1 51.14 $51.14 6/12/2008 1 80533 ICOMLOCK SECURITY GROUP SUPPLIES -COMM SVCS 1 0015350 1 41200 1 24.731 $24.73 6/12/2008 1 80534 DAVID EVANS AND ASSOCIATES INC CONTRUCTION-SYC CYN 2505310 1 46415 1,800.00 $5,980.00 6/12/2008 1 DAVID EVANS AND ASSOCIATES INC ICONSTRUCTION-SYC CYN 2505310 1 46415 4,180.00 6/12/2008 1 80535 DAVID J. GRUNDY TP _& R COMM -5/22 1 0015350 1 44100 1 45.00 $45.00 6/12/2008 80536 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 1 42110 550.55$596.02 $324.50 6/12/2008 1 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 1 42110 45.47 6/12/2008 80537 JAMES DESTEFANO REIMB-ICSC CONF 0014030 42330 282.50 $324.50 6/12/2008 JAMES DESTEFANO REIMB-CCCA CONF 0014030 42330 42.00 6/1212008 80538 DENNIS CAROL PROF.SVCS-P&R COMM 0015350 44000 100.00 $325.00 6/12/2008 1 DENNIS CAROL 1PROF.SVCS-SS/CC MTG 0014030 1 44000 225.00 1 6/12/2008 1 80539 DIAMOND BAR HIGH SCHOOL IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 6/1212008 1 80540 IDIAMOND BAR HIGH SCHOOL FACILITY REFUND -DBC 1 001 1 23002 1 500.00 $500.00 6/12/2008 1 80541 IDIAMOND BAR IMPROVEMENT ASSOCIATION AD -JUNE E -WASTE 1155516 1 42110 1 450.00 $450.00 6/12/2008 1 80542 IDIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES-PLNG 1 0015210 1 42325 1 84.851 $284.85 Page 2 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/12/2008 6/12/2008 80542... DIAMOND BAR INTERNATIONAL DELI DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES-PLNG MTG SUPPLIES -COMM SVCS 0015210 0015350 42325 42325 100.00 100.00 $284.85... 6/12/2008 80543 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 323.94 $388.25 6/12/2008 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015230 42310 64.31 1 1 6/12/2008 1 80544 DOGGIE WALK BAGS INC SUPPLIES -PARKS 0015310 1 41200 1 1,120.50 $1,120.50 6/12/2008 EVERGREEN INTERIORS PLANT SVCS -DBC 0015333 41200 100.00 1 1 6/12/2008 1 80545 ANITA DOMINGUE FACILITY REFUND -PETERSON 001 1 23002 1 50.00 $50.00 6/12/2008 80546 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 45300 130.00 $401.60 6/12/2008 EVERGREEN INTERIORS PLANT SVCS -DBC 0015333 41200 100.00 1 1 6/12/2008 EVERGREEN INTERIORS PLANT SVCS -DBC 0015333 45300 171.60 6/12/2008 80547 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 506.47 $703.69 6/12/2008 1EXCELLANDSCAPE ADDL MAINT-DIST 39 1395539 42210 1 197.22 1 1 1 6/12/2008 80548 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-303 001 23010 45.00 $194.50 6/12/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-310 001 23010 32.50 1 1 6/12/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 35.75 6/12/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-192 001 23010 16.25 6/12/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-309 001 23010 32.50 6/12/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-290 1 001 23010 32.50 6/12/2008 80549 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 78.82 $671.12 6/12/2008 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 247.04 1 1 6/12/2008 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 345.26 6/12/2008 80550 ADRIANA FLORES FACILITY REFUND -DBC 001 23002 500.00 $466.00 6/12/2008 ADRIANA FLORES PROPERTY DAMAGE 001 36615 -34.00 1 1 6/12/2008 1 80551 ESPERANZA FLORES CONTRACT CLASS -GENERAL 1 0015350 1 45320 1 1,050.00 $1,050.00 6/12/2008 80552 GADGIL FACILITY REFUND -DBC 001 36615 300.00 $400.00 6/12/2008 JUDAY UDAY GADGIL FACILITY REFUND -DBC 001 23002 1 100.00 1 1 Page 3 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/12/2008 80553 HEIDI GLASSCO RECREATION REFUND 001 34760 1 955.00 $955.00 6/12/2008 1 80554 CHAD GONELLA ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 612.00 $612.00 6/12/2008 1 80555 JGOVPARTNER IREQUEST PARTNER HOSTING 1 1185098 1 44030 1 850.00 $850.00 6/12/2008 1 80556 GRAND MOBIL IVEH MAINT-COMM DEV 1 0015230 1 42200 1 1,167.16 $1,167.16 6/12/2008 1 80557 GRAPHICS UNITED IPRINT SVCS -CITY NEWS 1 0014095 1 44000 1 3,066.08 $3,066.08 6/12/2008 1 80558 1GRAYBAR SUPPLIES -DBC 1 0015333 1 41200 1 378.88 $378.88 6/12/2008 1 80559 JANUJ GULATI IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 6/12/2008 1 80560 TABITHA HERNANDEZ IFACILITY REFUND-PANTERA 1 001 1 23002 1 200.00 $200.00 6/12/2008 1 80561 LEW HERNDON IP & R COMM -5/22 1 0015350 1 44100 1 45.00 $45.00 6/12/2008 80562 HIRSCH PIPE AND SUPPLY INC DRNKNG FOUNTAIN -PARKS 0015340 42210 1,882.00 $6,107.49 6/12/2008 HIRSCH PIPE AND SUPPLY INC DRNKNG FOUNTAIN -PARKS 0015340 46410 3,959.27 6/12/2008 HIRSCH PIPE AND SUPPLY INC SUPPLIES -PARKS 0015340 42210 266.22 6/12/2008 80563 HOME DEPOT CREDIT SERVICES SUPPLIES -DBC 0015333 41200 22.13 $1,274.42 6/12/2008 HOME DEPOT CREDIT SERVICES SUPPLIES -DBC 0015333 41200 43.27 6/12/2008 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 223.29 6/12/2008 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 27.88 6/12/2008 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 132.54 6/12/2008 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 63.17 6/12/2008 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 762.14 6/12/2008 1 80564 JHYDRO CONNECTIONS INC SUPPLIES -PARKS 0015340 1 42210 1 538,071 $538.07 6/12/2008 80565 INLAND VALLEY DAILY BULLETIN LEGAL AD -HOUSING ELEMENT 0015210 44220 477.50 $973.75 6/12/2008 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-256 001 23010 235.00 6/12/2008 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2008-306 001 23010 261.25 6/12/2008 1 80566 JINLAND VALLEY HUMANE SOCIETY JANIMAL CONTROL SVCS -JUN 1 0014431 1 45403 1 7,966.671 $7,966.67 Page 4 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/12/2008 80567 JENKINS & HOGIN, LLP LEGAL SVCS -MAY 08 0014020 44020 3,629.20 $9,990.70 6/12/2008 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV 0014020 44020 4,816.00 6/12/2008 80569 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS 0014020 44020 223.60 $100.00 6/12/2008 JENKINS & HOGIN, LLP LEGAL SVCS-P/WKS 0014020 44020 877.20 6/12/2008 80570 JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES 0014020 44021 427.50 $1,957.50 6/12/2008 JENKINS & HOGIN, LLP LEGAL SVCS -FINANCE 0014020 44020 17.201 1 6/12/2008 1 80568 CHARLOTTE KNUTZEN RECREATION REFUND 001 34730 1 52.00 $52.00 6/12/2008 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 35.00 6/12/2008 1 80569 THACH LAM-NGUYEN FACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 6/12/2008 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-CMGR 0014030 42325 35.00 6/12/2008 1 80570 LDM ASSOCIATES INC. HIP PROG-APR 08 1 1255215 1 44000 1 1,957.50 $1,957.50 6/12/2008 80571 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 35.00 $140.00 6/12/2008 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 35.00 6/12/2008 80575 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 35.00 $9,240.00 6/12/2008 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-CMGR 0014030 42325 35.00 6/12/2008 1 80572 YVONNE LEE FACILITY REFUND-REAGAN 1 001 1 23002 1 50.00 $50.00 6/12/2008 80573 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 42113 38.97 $78.48 6/12/2008 LEWIS ENGRAVING INC. ENGRAVING SVCS -NAME BADGE 0014090 42113 10.01 6/12/2008 80575 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 42113 29.50 $9,240.00 6/12/2008 1 80574 BENNY LIANG P & R COMM -5/22 1 0015350 1 44100 1 45.00 $45.00 6/12/2008 1KARYN MILLER FACILITY REFUND -HERITAGE 001 23004 83.32 6/12/2008 1 80575 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -MAY 1 0014411 1 45401 1 9,240.00 $9,240.00 6/12/2008 1 80576 MATLOCK ASSOCIATES INC ADA RETROFIT-SYC CYN 1 2505310 1 46415 1 15,926.001 $15,926.00 6/12/2008 1 80577 MAXIMUS INC PROF.SVCS-FEE STUDY 1 0015210 1 44000 1 18,200.00 $18,200.00 6/12/2008 1 80578 LINDA MIAZGA FACILITY REFUND-SYC CYN 1 001 1 23002 1 70.00 $70.00 6/12/2008 80579 KARYN MILLER FACILITY REFUND -HERITAGE 001 23002 200.00 $355.82 6/12/2008 1KARYN MILLER FACILITY REFUND -HERITAGE 001 23004 83.32 Page 5 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/12/2008 80579... KARYN MILLER FACILITY REFUND -HERITAGE 001 36610 72.50 $355.82 ... 6/12/2008 80580 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -PK CITATIONS 0014411 42110 6,115.85 $6,139.39 6/12/2008 1 IMINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WKS 0014090 42100 1 23.54 6/12/2008 1 80581 IMITY LITE INC SUPPLIES -GENERAL 1 0014090 1 46220 1 256.01 $256.01 6/12/2008 80582 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015333 41200 8.00 $56.49 6/12/2008 1 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015333 41200 1 48.49 6/12/2008 1 80583 IKIM MOERLER FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.001 $200.00 6/12/2008 80584 MOONLIGHT PRESS SUPPLIES -COMM SVCS 00152111 41200 197.56 $395.11 6/12/2008 1 1 MOONLIGHT PRESS ISUPPLIES-P/WORKS 0015510 1 41200 197.55 6/12/2008 1 80585 IDIANE MOORE FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 6/1212008 1 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,231.64 6/12/2008 1 80586 BOB MULLER RECREATION REFUND 1 001 1 34780 1 48.00 $48.00 6/1212008 1 80587 OAK TREE LANES INC FACILITY REFUND -HERITAGE 1 001 1 23002 1 50.00 $50.00 6/12/2008 1 80588 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 5/25 0015310 1 44000 1 794.40 $794.40 6/12/2008 1 80589 TED OWENS P & R COMM -5/22 0015350 1 44100 1 45.00 $45.00 6/12/2008 1 80590 CAMERON PATTON OFFICIAL SVCS -MAY 08 0015350 1 45300 1 756.00 $756.00 6/1212008 1 80591 IROGER PEARCE FACILITY REFUND-PANTERA 1 001 1 23002 1 200.00 $200.00 6/12/2008 80592 PERS RETIREMENT FUND RETIRE CONT IB -ER 001 21109 14,388.15 $23,667.22 6/1212008 1 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,231.64 6/12/2008 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 47.43 6/12/2008 1 80593 IPOMONA JUDICIAL DISTRICT PARKING CITATION FEES -APR 1 001 32230 1 2,855.00 $2,855.00 6/12/2008 80594 PROTECTION ONE INC ALARM SVCS -DBC 0015333 42210 52.50 $127.26 6/12/2008 1 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 1 42210 1 74.76 Page 6 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 6/12/2008 80597 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 42110 179.70 $694.97 Check Date Check Number Vendor Name PRINT SVCS -ENVELOPES Transaction Description 42110 Fund/ Dept Acct # Amount Total Check Amount SMART & FINAL SUPPLIES -COMM SVCS 0015350 41200 76.53 6/12/2008 $3,182.67 6/12/2008 1 80595 IR F DICKSON COMPANY DEBRIS COMPOSTING -MAR 1155515 1 45500 1 3,182.67 $631.21 6/12/2008 1 80596 RECY CAL SUPPLY CO SUPPLIES -RECYCLING 1155516 1 41200 1 631.21 1 6/12/2008 80597 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 42110 179.70 $694.97 6/12/2008 1 REINBERGER PRINTWERKS PRINT SVCS -ENVELOPES 0014090 42110 515.27 1 1 6/12/2008 1 80598 KATHERINE RENNEGARBE RECREATION REFUND 001 34780 1 120.00 $120.00 6/12/2008 1 80599 ILIZETTE RODRIGUEZ RECREATION REFUND 001 34780 1 55.00$55.00 6/12/2008 1 80600 RUTH M. LOW P & R COMM -5/22 1 0015350 1 44100 1 45.00 $45.00 6/12/2008 1 80601 IMICHAEL SALAZAR FACILITY REFUND-SYC CYN 001 23002 1 50.00 $50.00 6/12/2008 1 80602 ALEJANDRA SAMPSON RECREATION REFUND 001 1 34780 1 50.00 $50.00 6/12/2008 80603 SAN GABRIEL VALLEY CITY MGR ASSC MTG-MCLEAN/CMGR 0014030 1 42325 1 130.001 $130.00 6/12/2008 80604 MYRA SARMIENTO FACILITY REFUND-PANTERA 001 23002 100.00 $150.00 6/12/2008 1 IMYRA SARMIENTO FACILITY REFUND-PANTERA 001 23002 50.00 6/12/2008 1 80605 IFAHAD SAYED I FACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 6/12/2008 1 80606 ISECTRAN SECURITY INC. COURIER SVCS -JUNE 08 1 0014090 1 44000 1 314.28 $314.28 6/12/2008 80607 KHIN SI FACILITY REFUND -DBC 001 23002 350.00 $316.00 6/12/2008 �KHIN SI PROPERTY DAMAGE 001 36615 -34.00 6/12/2008 1 80608 SIEGEL DISPLAY PRODUCTS SUPPLIES-P/INFO 1 0014095 1 41200 1 31.35 $31.35 6/12/2008 80609 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 59.94 $468.95 6/12/2008 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 218.45 6/12/2008 SMART & FINAL SUPPLIES -COMM SVCS 0015350 41200 76.53 6/12/2008 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 114.03 Page 7 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/12/2008 80610 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 366.84 $1,118.66 6/12/2008 80612 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 370.02 $268.12 6/12/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS-P/WORKS 0015510 42126 181.69 6/12/2008 80613 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 166.21 $100.00 6/12/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 33.90 6/12/2008 1 80611 ISPRINT DEP REFUND -FPL 01-48 1 001 1 23010 1 750.00 $750.00 6/12/2008 THE COMDYN GROUP INC CONSULTANT SVCS -WK 5/16 0014070 44000 3,032.26 6/12/2008 1 80612 ISPRINT DEP REFUND -FPL 03-035 1 001 1 23010 1 268.12 $268.12 6/12/2008 1 80613 ILORIE ST GERMAIN I FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 6/12/2008 1 80614 JJOANN STARKS IFACILITY REFUND -DBC 1 001 1 36615 1 50.001 $50.00 6/12/2008 1 80615 ISTATE DISBURSEMENT UNIT SLRY ATTCHMT-BY0426064 1 001 1 21114 1 100.001 $100.00 6/12/2008 1 80616 ISTATE DISBURSEMENT UNIT SLRY ATTCHMT-0000932977 1001 21114 1 298.90 $298.90 6/12/2008 1 80617 ISWANK MOTION PICTURES MOVIE -TEEN NIGHT 1 0015350 1 45300 1 271.001 $271.00 6/12/2008 1 80618 IGARY TAM FACILITY REFUND-PANTERA 001 1 23002 1 200.00 $200.00 6/12/2008 80619 THE COMDYN GROUP INC CONSULTANT SVCS -WK 5/23 0014070 44000 1,041.60 $4,642.61 6/12/2008 THE COMDYN GROUP INC CONSULTANT SVCS -WK 5/16 0014070 44000 3,032.26 6/12/2008 80621 THE COMDYN GROUP INC CONSULTANT SVCS -WK 5/23 0014070 44000 568.75 $44.95 6/12/2008 1 80620 ITIME WARNER INTERNET SVCS -HERITAGE PK 1 0015340 1 42126 1 116.01 $116.01 6/12/2008 1 80621 TIME WARNER IMODEM SVCS -COUNCIL 1 0014010 1 42130 1 44.95 $44.95 6/12/2008 1 80622 ITOOLS R US EQ -PARKS 1 0015340 1 41300 1 214.671 $214.67 6/12/2008 1 80623 TRANE SERVICE GROUP MAINT-DBC 1 0015333 1 45300 1 874.501 $874.50 6/12/2008 1 80624 TRI -CITIES POOL SERVICE & REPAIR MAINT-DBC 1 0015333 1 45300 1 160.001 $160.00 6/12/2008 1 80625 UCN INC ILONG DIST SVCS -MAY 1 0014090 1 42125 1 63.931 $63.93 Page 8 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/12/2008 80626 VALLEY CREST LANDSCAPE MAINT INC MONTHLY MAINT-DBC 0015333 1 45300 5,428.34 $29,086.13 6/12/2008 1 VALLEY CREST LANDSCAPE MAINT INC MONTHLY MAINT-PARKS 0015340 45300 23,657.79 6/12/2008 1 80627 IVANTAGEPOINT TRNSFR AGNTS-303248 6/13/08-P/R DEDUCTIONS 1 001 1 21108 1 28,767.09 $28,767.09 6/12/2008 80628 VERIZON CALIFORNIA PH.SVCS-HERITAGE 0015340 42125 40.30 $1,624.49 6/12/2008 1 VERIZON CALIFORNIA PH.SVCS-HERITAGE P/PHONE 0015340 42125 24.82 6/12/2008 VERIZON CALIFORNIA PH.SVCS-PETERSON P/PHONE 0015340 42125 88.01 6/12/2008 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.70 6/12/2008 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 663.20 6/12/2008 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 663.76 6/12/2008 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 1 0014090 1 42125 114.70 6/12/2008 80629 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 388.09 $1,486.46 6/12/2008 1 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 985.74 6/12/2008 WAXIE SANITARY SUPPLY PARKS 0015340 42210 112.63 6/12/2008 80630 WELLDYNERX SHARPS PROG-SOLID WASTE 1155515 44000 100.80 $143.12 6/12/2008 1 IWELLDYNERX SHARPS PROG-SOLID WASTE 1155515 44000 42.32 6/12/2008 80631 WEST COAST ARBORISTS INC TREE MAINT-APR 08 0015558 45509 877.50 $1,527.50 6/12/2008 1 WEST COAST ARBORISTS INC TREE MAINT-APR 08 0015558 45510 650.00 6/12/2008 1 80632 IPAUL WRIGHT JAN SVCS -P/C, CNCL 1 0014090 1 44000 1 192.501 $192.50 6/12/2008 80633 YOSEMITE WATER EQ RENTAL-SYC CYN 0015310 1 42130 15.50 $60.00 6/12/2008 1 YOSEMITE WATER IWATER SUPPLIES-SYC CYN 0015350 1 41200 44.50 6/19/2008 80634 ADVANCED APPLIED ENGINEERING INC PROF.SVCS-EN 07-559 001 23012 620.00 $1,740.00 6/19/2008 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-559 001 23012 155.00 6/19/2008 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-559 001 34650 -155.00 6/19/2008 ADVANCED APPLIED ENGINEERING INC PROF.SVCS-EN 07-554 001 23012 1,120.00 6/19/2008 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-554 001 23012 280.00 6/19/2008 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-554 001 34650 -280.00 Page 9 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/19/2008 80635 IPHIL ANTHONY ENTERTAINMENT -SR DANCE 0015350 45300 350.00 $350.00 6/19/2008 80636 BASHFORD ENTERPRISES RETENTION PAYABLE 125 20300 -1,480.40 $32,194.60 6/19/2008 BASHFORD ENTERPRISES RETENTION PAYABLE 125 20300 -1,500.00 6/19/2008 80641 BASHFORD ENTERPRISES HIP PROG-2480 SUNBRIGHT 1255215 44000 5,371.00 397.35 6/19/2008 BASHFORD ENTERPRISES HIP PROG-766 SUMMERWOOD 1255215 44000 15,000.00 6/19/2008 80642 BASHFORD ENTERPRISES HIP PROG-688 ARMITOS 1255215 44000 14,804.001 1 6/19/2008 80637 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS -DBC 0015333 45300 773.00 $915.53 6/19/2008 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS -HERITAGE PK 0015340 42210 57.53 6/19/2008 80641 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS-PANTERA PK 0015340 42210 85.00 397.35 6/19/2008 1 80638 IBLUE SKY CAFE INC JEMPLY QTR BRKFST-JUN 1 0014060 1 42347 1 457.361 $457.36 6/19/2008 80639 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 511.46 $5,998.91 6/19/2008 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -511.46 6/19/2008 80641 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 2,712.47 397.35 6/19/2008 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 488.24 6/19/2008 80642 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -488.24 $50.00 6/19/2008 BONTERRA CONSULTING INC. PROF.SVCS-FER 96-1 001 23011 445.00 6/19/2008 8DG43 BONTERRA CONSULTING INC. ADMIN FEE-FER 96-1 001 23010 80.10 $1,000.00 6/1 912 00 8 BONTERRA CONSULTING INC. ADMIN FEE-FER 96-1 001 34430 -80.10 6/1912008 80644 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 1 001 23010 2,841.44 $114.31 6/19/2008 1 80640 IKATHY BREAUX ICONTRACT CLASS -SPRING 1 0015350 45320 158ADI $158.40 6/19/2008 1 80641 IBRUNDIGE GLASS IGLASS TABLE TOP-CONF RM 1 0014090 41200 397.3,51 397.35 6/19/2008 1 80642 IJOHN CARRILLO IFACILITY REFUND-PANTERA 1 001 23002 50.001 $50.00 6/19/2008 8DG43 ISHAWN CRAWFORD EXCURSION -DAY CAMP 1 0015350 42410 1,000.001 $1,000.00 6/19/2008 1 80644 ICATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 114.311 $114.31 6/19/2008 1 80645 ICHARTER OAK GYMNASTICS, INC. ICONTRACT CLASS -SPRING 0015350 45320 297.001 $297.00 Page 10 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/19/2008 80646 JUNE CHEN RECREATION REFUND 001 1 34780 93.00 $93.00 6/19/2008 1 80647 CHUCK E. CHEESE EXCURSION -DAY CAMP 1 0015350 1 42410 1800.00 500.00 $800.00 6/19/2008 FREDDY CORTEZ PROPERTY DAMAGE -DBC 001 36615 -34.00 6/19/2008 1 80648 ICHURCH OF THE VALLEY FACILITY REFUND -PETERSON 1 001 1 23002 1 -100.00 77 $200.00 6/19/2008 FREDDY CORTEZ PROPERTY DAMAGE -DBC 001 36615 -15.00 6/19/2008 1 80649 CONSTANCE J. LILLIE ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 432.00 $432.00 6/19/2008 80650 FREDDY CORTEZ FACILITY REFUND -DBC 001 23002 500.00 $351.00 6/19/2008 FREDDY CORTEZ PROPERTY DAMAGE -DBC 001 36615 -34.00 6/19/2008 FREDDY CORTEZ PROPERTY DAMAGE -DBC 001 36615 -100.00 6/19/2008 FREDDY CORTEZ PROPERTY DAMAGE -DBC 001 36615 -15.00 6/19/2008 80651 D & J MUNICIPAL SERVICES INC BLDG & SAFETY SVCS -APR 0015220 45000 25,398.10 $50,688.67 6/19/2008 D & J MUNICIPAL SERVICES INC BLDG & SAFETY SVCS -MAY 0015220 45000 17,370.57 6/19/2008 D & J MUNICIPAL SERVICES INC PROF.SVCS-INSPECTIONS 2505310 46415 3,280.00 6/19/2008 D & J MUNICIPAL SERVICES INC PROF.SVCS-INSPECTION 2505510 46416 4,640.00 6/19/2008 1 80652 JDAPEER ROSENBLIT & LITVAK LLP ILEGAL SVCS -MAY 08 1 0014020 1 44023 1 2,376.201 $2,376.20 6/19/2008 80653 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2005-130 001 23010 1,185.00 $1,919.25 6/19/2008 DAVID EVANS AND ASSOCIATES INC ADMIN FEE -FPL 2005-130 001 23010 213.30 6/19/2008 DAVID EVANS AND ASSOCIATES INC ADMIN FEE -FPL 2005-130 001 34430 -213.30 6/19/2008 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2005-147 001 23010 380.25 6/19/2008 DAVID EVANS AND ASSOCIATES INC ADMIN FEE -FPL 2005-147 001 23010 68.45 6/19/2008 DAVID EVANS AND ASSOCIATES INC ADMIN FEE -FPL 2005-147 001 34430 -68.45 6/19/2008 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2002-63 001 23010 354.00 6/19/2008 DAVID EVANS AND ASSOCIATES INC ADMIN FEE -FPL 2002-63 001 23010 63.72 6/19/2008 DAVID EVANS AND ASSOCIATES INC JADMIN FEE -FPL 2002-63 001 34430 -63.72 6/19/2008 80654 DENNIS CAROL PROF.SVCS-PLNG MTG 0015210 44000 200.00 $525.00 6/19/2008 DENNIS CAROL PROF.SVCS-P/COMM 0015210 44000 100.00 6/19/2008 DENNIS CAROL PROF.SVCS-PLNG COMM 0015210 44000 75.00 6/19/2008 DENNIS CAROL PROF.SVCS-PLNG COMM 0015210 44000 150.00 6/19/2008 1 80655 IDEPARTMENT OF JUSTICE PRE-EMPLOYMENT SCREENING 1 0014060 1 42345 1 64.001 $64.00 Page 11 Check Date I Check City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 6/19/2008 80656 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 11.99 $180.37 6/19/2008 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 113.40 6/19/2008 80658 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 12.99 $697.01 6/19/2008 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 41.99 6/19/2008 1 80657 IDIANA CHO & ASSOCIATES ICONSULTANT SVCS -MAY 08 1 1255215 1 44000 1 1,162.501 $1,162.50 6/1 9120 08 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1415541 42210 56.10 6/19/2008 1 80658 IDISCOUNT SCHOOL SUPPLY SUPPLIES -DAY CAMP 1 0015350 1 41200 1 697.01 $697.01 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 84.54 6/19/2008 1 80659 IMICHAEL DONOHOO IRECREATION REFUND 1 001 1 34760 1 245.00 $245.00 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 69.59 6/19/2008 1 80660 JEDUCATION TO GO ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 110.00 $110.00 6/19/2008 80661 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 106.97 $5,147.93 6/1 9120 08 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1415541 42210 56.10 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 198.53 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 84.54 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 40.66 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 69.59 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 41.53 611912008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 42.34 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 671.43 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 1,076.67 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 799.53 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 122.67 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 211.31 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 657.39 6/19/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 900.03 6/19/2008 EXCEL LANDSCAPE JADDL MAINT-DIST 41 1415541 1 42210 1 68.64 6/19/2008 80662 FOOTHILL TRANSIT CITY SUBSIDY -JUN 08 1125553 45533 3,165.00 $33,950.00 6/19/2008 FOOTHILL TRANSIT FOOTHILL PASSES -JUN 08 1125553 45535 13,325.00 6/19/2008 FOOTHILL TRANSIT CITY SUBSIDY -APR 08 1125553 45533 3,635.00 6/19/2008 FOOTHILL TRANSIT FOOTHILL PASSES -APR 08 1125553 45535 13,825.00 Page 12 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount Total Check Amount 6/19/2008 80663 HEATHER FOREMAN FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 6/19/2008 1 80664 GFI USA INC RENEWAL -COMP MAINT 1 0014070 1 42205 1 967.95$967.95 $1,707.50 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-595 001 23012 128.75 6/19/2008 1 80665 IWILLIAM GIEBE CONTRACT CLASS -SPRING 1 0015350 1 45320 1 1,608.00 $1,608.00 6119/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-574 001 23012 395.00 6/19/2008 1 80666 GO LIVE TECHNOLOGY INC ICONSULTANT SVCS -WK 6/13 0014070 1 R44000 1 3,900.001 $3,900.00 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 34650 -98.75 6/19/2008 1 80667 GRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL SVCS -MAY 0015230 1 45520 1 5,310.00 $5,310.00 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 23012 94.38 6/19/2008 1 80668 GREGORY S GUBMAN REIMS -APA CONF 0015210 1 42330 1 34.70 $34.70 6/19/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-598 001 23012 420.00 6/19/2008 1 80669 SHANNON GRIFFITHS ICONTRACT CLASS -SPRING 0015350 1 45320 1 336.00 $336.00 6119/2008 80670 HALL & FOREMAN, INC. PROF.SVCS-EN 07-595 001 23012 515.00 $1,707.50 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-595 001 23012 128.75 6/19/2008 80672 HALL & FOREMAN, INC. ADMIN FEE -EN 07-595 001 34650 -128.75 $40.00 6119/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-574 001 23012 395.00 6/19/2008 80673 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 23012 98.75 $90.00 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 34650 -98.75 6/19/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-574 001 23012 377.50 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 23012 94.38 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 34650 -94.38 6/19/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-598 001 23012 420.00 6/19/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-598 001 23012 105.00 6/19/2008 IHALL & FOREMAN, INC. ADMIN FEE -EN 07-598 001 34650 -105.00 6/19/2008 1 80671 JDAVID HALM REIMB-LCCA CONF 0014411 1 42330 1 259.141 $259.14 6/19/2008 ISHAHEEN IDRIES FACILITY REFUND -DBC 001 36615 0.01 6/19/2008 1 80672 ITERRI HARAI RECREATION REFUND 1 001 34780 1 40.00 $40.00 6/19/2008 1 80673 IKEVIN HOUSE T & T COMM -MAY 1 0015510 44100 1 90.00 $90.00 6/19/2008 80674 SHAHEEN IDRIES FACILITY REFUND -DBC 001 23002 350.00 $350.01 6/19/2008 ISHAHEEN IDRIES FACILITY REFUND -DBC 001 36615 0.01 6/19/2008 80675 INLAND EMPIRE STAGES SR EXCURSION -FANTASY SPNG 1125350 45310 1,111.00 $1,111.00 Page 13 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date ICheckNumberl Vendor Name I Transaction Description Fund/ Dept 1 Acct # I Amount I Total Check Amount 6/19/2008 80676 INLAND VALLEY DAILY BULLETIN LEGAL AD -SEALED BIDS 2505510 46416 215.00 $662.50 6/19/2008 INLAND VALLEY DAILY BULLETIN LEGAL AD -SEALED BIDS 2505310 46415 215.00 6/19/2008 80681 INLAND VALLEY DAILY BULLETIN LEGAL AD -SEALED BIDS 2505310 46415 232.50 $387.25 6/19/2008 80677 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 575.20 $701.63 6/19/2008 KENS HARDWARE SUPPLIES -DBC 0015333 41200 43.82 6/19/2008 80681 KENS HARDWARE SUPPLIES -COMM SVCS 0015310 42200 82.61 $387.25 6/19/2008 1 80678 IHADI KHALIL IRECREATION REFUND 1 001 1 34760 1 225.001 $225.00 6/19/2008 80679 LANDAMERICA GATEWAY HIP PROG-1781 AUTUMNGLOW 1255215 44000 100.00 $600.00 6/19/2008 LANDAMERICA GATEWAY HIP PROG-1781 AUTUMNGLOW 1255215 44000 100.00 6/19/2008 80681 LANDAMERICA GATEWAY HIP PROG-766 SUMMERWOOD 1255215 44000 100.00 $387.25 6/19/2008 LANDAMERICA GATEWAY HIP PROG-332 ROCK RIVER 1255215 44000 100.00 6/19/2008 LANDAMERICA GATEWAY HIP PROG-688 ARMITOS 1255215 44000 100.00 6/19/2008 LANDAMERICA GATEWAY HIP PROG-20827 CLIFFSIDE 1255215 44000 100.00 6/19/2008 1 80680 LANDS' END BUSINESS OUTFITTERS SUPPLIES -CODE ENFOR 1 0015230 1 41200 1 378.231 $378.23 6/19/2008 LDM ASSOCIATES INC. CONSULTANT SVCS -MAR 0015210 44250 56.25 6/19/2008 1 80681 ILANTERMAN DEVELOPMENT CENTER PROCEEDS -CITY B/DAY PARTY 1 0015350 1 42353 1 387.251 $387.25 6/19/2008 80682 LDM ASSOCIATES INC. CONSULTANT SVCS -HIP MAY 1255215 44000 1,606.25 $3,206.25 6/19/2008 LDM ASSOCIATES INC. CONSULTANT SVCS -MAR 0015210 44250 56.25 6/19/2008 LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-250 001 23010 75.00 6/19/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-250 001 23010 13.50 6/19/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-250 001 34430 -13.50 6/19/2008 LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-256 001 23010 75.00 6/19/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-256 001 23010 13.50 6/19/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-256 001 34430 -13.50 6/19/2008 LDM ASSOCIATES INC. PROF.SVCS-FPL 2008-312 001 23010 181.25 6/19/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-312 001 23010 32.63 6/19/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-312 001 34430 -32.63 6/19/2008 LDM ASSOCIATES INC. PROF.SVCS-FPL 2008-304 001 23010 656.25 6/19/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-304 001 23010 118.13 6/1912008 LDM ASSOCIATES INC. JADMIN FEE -FPL 2008-304 001 1 34430 1 -118.13 Page 14 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/19/2008 80682... LDM ASSOCIATES INC. PROF.SVCS-FPL 2008-306 001 23010 556.25 $3,206.25 ... 6/19/2008 80687 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-306 001 23010 100.13 $90.00 6/19/2008 LDM ASSOCIATES INC. 1ADMIN FEE -FPL 2008-306 001 34430 -100.131 1 6/19/2008 80683 KWANG HO LEE PLNG COMM -JUN 0015210 44100 1 65.00 $325.00 6/19/2008 1KWANG HO LEE IPLNG COMM-APR/MAY 0015210 44100 260.00 6/19/2008 80684 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-405 001 23012 628.28 $2,138.02 6/19/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-598 001 23012 623.24 6/19/2008 80687 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-598 001 23012 112.18 $90.00 6/19/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-598 001 34650 -112.18 6/19/2008 80688 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-595 001 23012 324.00 $45.00 6/19/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-595 001 23012 58.32 1 1 6/19/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-595 001 34650 -58.32 6/19/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-598 001 23012 562.50 6/19/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-598 001 23012 101.25 6/19/2008 LEIGHTON & ASSOCIATES, INC. JADMIN FEE -EN 07-598 001 34650 -101.25 6/19/2008 80685 LEWIS ENGRAVING INC. ENGRAVING SVCS -PLAQUE 0015210 4120D 72.53 $92.56 6/19/2008 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014060 42347 20.03 6/19/2008 1 80686 JJINAH LEY IFACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 6/19/2008 LOS ANGELES COUNTY MTA MTA PASSES -APR 08 1125553 45535 2,867.65 6/19/2008 1 80687 ILIANA PINCHER IT & T COMM -MAY 0015510 1 44100 1 90.00 $90.00 6/19/2008 LOS ANGELES COUNTY MTA MTA PASSES -MAY 08 1125553 45535 3,046.05 6/19/2008 1 80688 IJIMMY LIN IT & T COMM -MAY 0015510 1 44100 1 45.001 $45.00 6/19/2008 80689 LOS ANGELES COUNTY MTA CITY SUBSIDY -APR 08 1125553 45533 1,002.85 $11,505.00 6/19/2008 LOS ANGELES COUNTY MTA MTA PASSES -APR 08 1125553 45535 2,867.65 6/19/2008 LOS ANGELES COUNTY MTA CITY SUBSIDY -MAY 08 1125553 45533 972.45 6/19/2008 LOS ANGELES COUNTY MTA MTA PASSES -MAY 08 1125553 45535 3,046.05 6/19/2008 LOS ANGELES COUNTY MTA CITY SUBSIDY -JUN 08 1125553 45533 867.20 6/19/2008 LOS ANGELES COUNTY MTA MTA PASSES -JUN 08 1125553 45535 2,748.80 1 1 6/19/2008 1 80690 ILOS ANGELES COUNTY PUBLIC WORKS ISUMP PUMP MAINT-APR 08 0015340 1 42210 1 483.96 $483.96 Page 15 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/19/2008 80691 IKAREN MAY ICONTRACT CLASS -SPRING 0015350 45320 1 468.00 $468.00 6!19/2008 80692 CLAUDIA MELENDEZ FACILITY REFUND-REAGAN 001 23002 50.00 $50.00 6/19/2008 80693 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM SVCS 2505310 46415 211.46 $1,117.43 6/19/2008 1 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM SVCS 2505310 46415 137.91 6119/2008 80695 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM SVCS 2505510 46416 126.00 $200.00 6119/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM SVCS 2505310 46415 259.29 6/19/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM DEV 0015210 42110 320.42 6119/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM DEV 0015210 42110 62.35 6/19/2008 1 80694 IKENNETH MOK IT & T COMM -MAY 1 0015510 44100 1 90.001 $90.00 6/19/2008 1 THOMAS MUNOZ PROPERTY DAMAGE 001 36625 -25.00 6/19/2008 1 80695 JELEANOR MONROE IFACILITY REFUND -HERITAGE 1 001 23002 1 200.00 $200.00 6/19/2008 80696 THOMAS MUNOZ FACILITY REFUND -HERITAGE 001 23002 200.00 $175.00 6/19/2008 1 THOMAS MUNOZ PROPERTY DAMAGE 001 36625 -25.00 6/19/2008 1 80697 INANCY FONG REIMB-ICSC CONF 1 0015240 42330 1 53.00 $53.00 6/19/2008 80698 STEVE G NELSON PLNG COMM -JUN 0015210 1 44100 65.00 $195.00 6/19/2008 1 STEVE G NELSON PLNG COMM-APR/MAY 0015210 1 44100 130.00 6/19/2008 1 80699 KATHLEEN ERIN NOLAN PLNG COMM -JUN 0015210 44100 65.00 $325.00 6/19/2008 1 KATHLEEN ERIN NOLAN PLNG COMM-APR/MAY 0015210 44100 260.00 6/19/2008 80700 NRS INC. HAIRS-COMM DEV 0015210 46220 1,732.17 $2,347.31 1 1 6/19/2008 NRS INC. ICHAIR-PIWKS 0015510 46220 615.14 6/19/2008 80701 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 5/29 0015210 44000 158.88 $476.64 6/19/2008 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/5 0015210 44000 1 158.88 6/19/2008 80703 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6/8 0015310 44000 158.88 $77.25 6/19/2008 1 80702 JALONDRA CONTRERAS IRECREATION REFUND 1 001 1 36615 1 400.00 $400.00 6/19/2008 1 80703 JORIENTAL TRADING COMPANY INC SUPPLIES -TINY TOTS 1 0015350 1 41200 1 77.251 $77.25 Page 16 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/19/2008 6/19/2008 80704 ORKIN PEST CONTROL INC ORKIN PEST CONTROL INC GOPHER CONTRL SVCS -MAY GOPHER CONTRL-SYC CYN 1385538 0015340 42210 42210 57.75 60.50 $118.25 6/19/2008 1 80705 OROMAR SILKSCREEN SHIRTS -DAY CAMP 1 0015350 1 41200 1 2,420.851 $2,420.85 6/19/2008 1 IR R F DICKSON COMPANY DEBRIS COMPOSTING -MAY 1155515 45500 3,417.65 6/19/2008 1 80706 IP F PETTIBONE & CO SUPPLIES-PLNG 0015210 1 41200 1 197.14 $197.14 6/19/2008 1 80707 ICAMERON PATTON 1OFFICIAL SVCS-MAY/JUN 0015350 1 45300 1 2,184.001 $2,184.00 6/19/2008 80708 F DICKSON COMPANY DEBRIS COMPOSTING -APR 1155515 1 45500 3,145.79 $6,563.44 6/19/2008 1 IR R F DICKSON COMPANY DEBRIS COMPOSTING -MAY 1155515 45500 3,417.65 6/19/2008 1 80709 RITA RAMIREZ FACILITY REFUND-SYC CYN 001 1 23002 1 50.00 $50.00 6/19/2008 1 JACK SHAH PLNG COMM-APR/MAY 0015210 44100 130.00 6/19/2008 1 80710 IMARIO E RATHGEBER ENTERTAINMENT -TEEN NITE 0015350 1 45300 1 1,500.00 $1,500.00 6/19/2008 80711 ICATHERINE REAL FACILITY REFUND -HERITAGE 001 1 23002 50.001 $50.00 6/19/2008 1 80712 1RONALD M EVERETT REIMB-CCCA CONF 0014010 1 42330 105.73 $105.73 6/19/2008 1 80713 IFIRANCIS SABADO ICONTRACT CLASS -SPRING 0015350 45320 1,224.00 $1,224.00 6/19/2008 1 80714 IMARTHA SANDOVAL FACILITY REFUND -DBC 001 23002 500.00 $500.00 6/19/2008 80715 JACK SHAH PLNG COMM -JUN 0015210 1 44100 65.00 $195.00 6/19/2008 1 JACK SHAH PLNG COMM-APR/MAY 0015210 44100 130.00 6/19/2008 1 80716 IMICHAEL SHAY T & T COMM -MAY 1 0015510 1 44100 1 90.001 $90.00 6/19/2008 80717 ALBERT SIM FACILITY REFUND -DBC 001 23002 100.00 $50.00 6/19/2008 1 ALBERT SIM FACILITY REFUND -DBC 001 1 36615 -50.00 6/19/2008 1 80718 ICHERYL SKIDMORE CONTRACT CLASS -SPRING 1 0015350 1 45320 1 363.00 $363.00 6/19/2008 80719 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 1 42126 1 17.52 $5,429.51 1 1 6/19/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 1 5,411.99 Page 17 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/19/2008 80720 STEVE M TYE REIMB-CCCA CONF 0014010 42330 92.15 $92.15 6/19/2008 1 80721 ITERESA STEVENSON FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 6/19/2008 1 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 23,657.79 $1,607.59 6/19/2008 1 80722 KATHLEEN STRUDWICK IFACILITY REFUND-SCY CYN 001 1 23002 1 200.00 $200.00 6/19/2008 VERIZON CALIFORNIA PH.SVCS-DIAL ACCESS MODEM 0014090 42125 71.99 6/19/2008 1 80723 TENNIS ANYONE CONTRACT CLASS -SPRING 0015350 1 45320 1 4,632.601 $4,632.60 6/19/2008 1 80724 TIME WARNER ICABLE SVCS -INFO SYS 0014070 1 44030 1 681.72 $681.72 6/19/2008 1 80725 ITIME WARNER IMODEM SVCS -COUNCIL 0014010 1 42130 1 44.95 $44.95 6/19/2008 80726 TRIFYTT SPORTS CONTRACT CLASS -SPRING 0015350 45320 432.001$432.00 6/19/2008 1 80727 IVALLEY CONCRETE REFUND -PLANS AND SPECS 001 1 36650 1 30.00 $30.00 6/19/2008 80728 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC JUN 0015333 45300 5,428.33 $29,254.12 6/19/2008 1 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 23,657.79 $1,607.59 6/19/2008 80733 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PAUL GROW 0015340 42210 168.00 6/19/2008 80729 VERIZON CALIFORNIA PH.SVCS-PANTERA 0015340 42125 87.97 $341.29 6/19/2008 1 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 93.36 $1,607.59 6/1912008 80733 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 87.97 6/19/2008 VERIZON CALIFORNIA PH.SVCS-DIAL ACCESS MODEM 0014090 42125 71.99 6/19/2008 80730 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAY 0015350 42140 420.00 $1,044.00 6/19/2008 1 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAY 0015350 42140 624.00 $1,607.59 6/19/2008 80731 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 8,392.35 $29,627.26 6/19/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 4,033.40 $1,607.59 6/19/2008 80733 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 2,478.14 6/19/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 14,410.19 6/19/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 313.18 6/19/2008 1 80732 ILE HONG WANG ICONTRACT CLASS -SPRING 0015350 45320 1 633.60 $633.60 $1,607.59 6/19/2008 1 80733 IWELLS FARGO BANK IVEH MAINT-COMM SVCS 0015350 42200 1 977.111 Page 18 City of Diamond Bar - Check Register 06/12/08 thru 06/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/19/2008 80733... WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 50.00 $1,607.59 ... 6/19/2008 80737 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 111.41 $130.00 6/19/2008 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 58.21 6/19/2008 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 4120D 114.09 6/19/2008 WELLS FARGO BANK MTG SUPPLIES -GENERAL 0014090 42325 27.25 6/19/2008 WELLS FARGO BANK MTG SUPPLIES -GENERAL 0014090 42325 154.42 6/19/2008 WELLS FARGO BANK SUPPLIES -GENERAL 0014090 41400 47.81 6/19/2008 WELLS FARGO BANK SUPPLIES -GENERAL 0014090 41400 16.41 6/19/2008 IWELLS FARGO BANK BANK CHARGES 0014090 42128 1 50.88 6/19/2008 1 80734 IWELLS FARGO BANK CCCA CONF-COUNCIL 1 0014010 1 42330 1 231.831 $231.83 6/19/2008 80735 YI TONY TORNG HIP PROG-1781 AUTUMNGLOW 1255215 44000 3,288.006/19/2008 $260.00 1 JW:NDOR WNDOR HIP PROG-20827 CLIFFSIDE 1255215 44000 7,410.00 6/19/2008 1 80736 YI TONY TORNG JPLNG COMM-APR/MAY 1 0015210 1 44100 1 260.00 $260.00 6/19/2008 1 80737 YMCA Y'S MEN REIMB-WINTER SNOW FEST 0015350 1 45300 1 130.001 $130.00 $677,130.91 Page 19 Agenda # 6.4 Meeting Date: July 1, 2008 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Approval of a Consulting Servic s Agreement with Gary L. Neely for Governmental Affairs Consulting Services for 18 months at $1,620 per month. RECOMMENDATION: Approve. FISCAL IMPACT: The proposed 18 month agreement will be expensed to the FY 2008-09 and FY 2009-2010 Budgets for the Planning Division — Professional Services appropriation (001-5210-44210). BACKGROUND: Mr. Neely is presently under contract with the City to provide governmental affairs consulting services. The current contract expires on June 30, 2008. It is recommended that a new contract for consulting services be approved for 18 months (July 1, 2008 to December 31, 2009) at the current retainer rate of $1,620.00 per month with the total contract amount not to exceed $29,160. The City Manager and members of the City Council determine the nature and scope of services performed by this Consultant. Assigned tasks have focused upon providing advice and consulting services to City Council Members and Staff regarding the City of Industry ownership of properties within the City and its Sphere of Influence, matters related to the Tres Hermanos Conservation Authority, area conservancies such as the Wildlife Corridor Conservation Authority and the Rivers and Mountains Conservancy. In the past, assigned tasks have included matters related to local and Statewide Water Districts and water infrastructure; Metropolitan Transit Authority of Southern California, Los Angeles County activities within the City's Sphere of Influence and adjacent related acreage under jurisdiction of the County. Other tasks assigned more recently have related to large development proposals such as the proposed hillside residential project and the stadium project. This proposed consulting services agreement creates a new contract with Mr. Neely to maintain and expand upon services provided to the City. Attachment: 1. Consulting Services Agreement CONSULTING SERVICES AGREEMENT With GARY L. NEELY This Agreement is made and entered into this 1St day of July 2008, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Gary L. Neely ("Consultant"). RECITALS A. The City desires to continue to utilize the services of Consultant as an independent contractor providing Governmental Affairs Consulting Services to the City. B. The current Consulting Services Agreement with Consultant is set to expire on June 30, 2008. C. Consultant will continue to provide additional "as -needed" services at the rate of $1,620.00 per month commencing July 1, 2008, and continuing to December 31, 2009. D. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant include Government Affairs Consulting Services as determined by the City Manager or members of the City Council. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in the City Council Report dated July 1, 2008 , attached hereto as Exhibit "A" . C. Consultant shall provide City Manager with a written report prepared each month outlining the activities performed by consultant and status of assigned projects. Consultant shall provide City Manager with timely written reports providing a summary of attended meetings and discussions therein and provide relevant documentation received from such meetings. 2. Term of Agreement. This contract shall be in effect from July 1, 2008 to December 31, 2009, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant on a time and material basis at the rate of $1,620.00 per month. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $29,160. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 6. Status as Independent Consultant. Gary L. Neely 13933 Laurelwood Avenue Corona, CA 92880 A. Consultant is, and shall at all times remain, as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes in amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employee's. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense, obtain a valid City of Diamond Bar Business License. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. 3 B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which 4 would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such non-discrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal of equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designated in writing pursuant to the provisions of this section. 6 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. APPROVED AS TO FORM: City Attorney CONSULTANT CITY OF DIAMOND BAR Jack Tanaka, Mayor ATTEST: Tommye Cribbins, City Clerk CITY COUNCIL Agenda # 6.5 Meeting Date: 7/1/08 AGENDA REPORT TO: Honorable Mayor and Member the City Council VIA: James DeStefano, City Man g TITLE: AWARD OF CONTRACT TO AND 1 OFFICIALS TO OFFICIATE THE CITY OF DIAMOND BAR YOUTH AND ADULT BASKETBALL PROGRAMS FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2009 IN THE AMOUNT NOT -TO -EXCEED $35,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2008/09 fiscal year budget and through official fees. General Fund costs are recovered by the City through fees collected from program participants and team registrations and official fees are recovered by fees charged to teams at each game. BACKGROUND: And 1 Officials provides basketball officials for our year round adult basketball program and our winter youth basketball league. And 1 Officials is a low bidder and is extremely professional, and is very responsive in fulfilling the needs of the City. DISCUSSION: Staff has received and reviewed two proposals, one from Independent Sports Officials Association (ISOA) and the other from And 1 Officials. Staff has determined And 1 Officials to be the more qualified contractor because of their status as the low bidder, their primary use of CIF certified officials, and their proven professionalism. Their officials are local (live primarily in the Diamond Bar / Walnut area) and the company is timely and organized in providing service. (ISOA was the higher bidder and its officials are not local — live primarily in the Lancaster / Palmdale area.) Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Staff anticipates expenditures of $30,000 for adult basketball officials and $5,000 for youth basketball officials, for a total estimated expenditure of $35,000. PREPARED BY: Christy Murphey, Recreation Supervisor II RnBC7 e Community Services Director Attachments: Contract for 2008/2009 FY Proposal from Cameron Patton, owner of And 1 Officials Request for Proposal REQUEST FOR PROPOSAL CITY The City of Diamond Bar is currently requesting proposals for a provider of CIF Certified Basketball Officials. Proposals are due no later than Friday, May 23, 2008. Introduction The City of Diamond Bar operates both youth and adult basketball leagues. We are currently accepting proposals for CIF Certified Basketball Officials to referee basketball games beginning in July 2008 and continuing through June 2009. The adult basketball league has games on Sundays year-round, while the youth league operates on Saturdays from January 2009 until March 2009 (ten weeks). Two certified officials are required for all adult games and half of the youth games. One official will suffice for the remainder of the youth games. Scope of Work The proposal must provide for the following services: Minimum Services Requirements • Provide CIF Certified Basketball Officials. • Arrive to the desired site at specific time. • Wear appropriate referee uniform. • Provide general liability insurance in the amount of $1 million. Proposal Deadline In order to be considered as a provider of the described basketball officials the proposal addressing all requirements must be submitted to the City of Diamond Bar Community Services Division no later than Friday, May 23, 2008 at 4:30 P.M. Selection Process After the May 23, 2008 submittal deadline, a telephone interview may be conducted to review the proposal. Selection will be made by June 2, 2008. If you have any questions about the RFP or the selection process, please contact Mickey McKitrick, Community Services Coordinator. Please submit all proposals to: City of Diamond Bar Community Services Division Attention: Mickey McKitrick, Community Services Coordinator 21825 Copley Drive Diamond Bar, CA 91765-4178 Fax 909.612.4580 email: mickey.mckitrick(i ,ci.diamond-banca.us SPORTS OFFICIALS SERVICE AGREEMENT THIS AGREEMENT is made as of July 1, 2008 by and between the City of Diamond Bar, a municipal corporation ("City") and And 1 Officials, ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated May 23, 2008. B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, May 23, 2008. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B" and as supplemented in seasonal league playing schedules provided by the City Manager, or his designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect July 1, 2008, and shall continue until June 30, 2009 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed thirty-five thousand dollars ($35,000) annually. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, California Contractor: Cameron Patton, Owner And 1 Officials 18297 Vine St. 91765 Hesperia, CA 92345 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (les) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 12. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: Tommye Cribbins Jack Tanaka City Clerk Mayor Approved as to form: By: City Attorney "CONTRACTOR" By: Its: CITY COUNCIL Agenda # 6-6 Meeting Date: 07/01/08 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: AWARD OF CONTRACT TO TEN IS ANYONE FOR RECREATION TENNIS CLASSES FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2009 IN THE AMOUNT OF $65,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the 2008/2009 Fiscal Year from tennis instruction is $95,000. A $5.00 administrative fee per registration is deducted and retained by the City of Diamond Bar. The remaining revenue is split with the instructor on a 70% / 30% basis, with the instructor receiving 70% and the City retaining 30%. Approximately $65,000 will be paid to the instructor and the city will retain $30,000. Actual revenue and instructor payments will depend upon how many people actually sign up for the tennis instruction classes during the 2008/2009 fiscal year. BACKGROUND: The City Council awarded a contract to Tennis Anyone on June 18, 2002 to provide tennis classes in Diamond Bar for the period of July 1, 2002 through June 30, 2003. The contract was renewed by the City Council on an annual basis for the next five years. Per the contract, five years is the maximum period the contractor could provide service before a Request for Proposals process was required. A new RFP, dated June 5, 2008, was sent out to eleven (11) known tennis instruction providers. Three (3) responses were returned: Tennis Anyone, Johnny Allen Tennis Academy, and Champion Youth. Staff has reviewed the proposals and determined that Tennis Anyone is the most qualified contractor. Bill Bush, owner and manager of Tennis Anyone, provides qualified instructors, has developed a learning system that teaches the fundamentals of tennis as well as good sportsmanship, and is extremely professional and accountable. The proposal from Johnny Allen Tennis Academy had the highest price for classes and offered less variety. The proposal from Champion Youth did not meet the minimum qualifications of the RFP. DISCUSSION: Tennis Anyone has successfully provided tennis instruction classes in Diamond Bar since July 1, 2002, and is expected to continue to providing quality service to the community for the term of this contract. Staff recommends that the City Council award the contract to Tennis Anyone for the 2008/2009 Fiscal Year in the amount of $65,000. Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. This contract amount is based on actual participation during the last Fiscal Year. PREPARED BY: Christy Murphey, Recreation Supervisor II April Batson, Recreation Specialist Community Services Director ATTACHMENTS: Tennis Instruction Service Agreement Request for Proposal Proposal from Tennis Anyone REQUEST FOR PROPOSAL 0�� The City of Diamond Bar is currently accepting proposals for a provider of year round tennis instruction in the contract class program. Proposals must be submitted to the City of Diamond Bar by Thursday, June 5, 2008. Introduction In preparation for recreation tennis instruction, the City of Diamond Bar's Community Services Division is seeking proposals for a provider of tennis instruction from July 1, 2008 until June 30, 2009. Scope of Work To be considered for the tennis instruction contract, proposals must be submitted to the City of Diamond Bar by Thursday, June 5, 2008 at 5:00 P.M. The proposal must provide for the following equipment and services: Minimum Reauirements Services: • Group or class tennis instruction will be offered a minimum of four (4) days each week of each quarter session at city owned tennis courts. • Groups or classes will be divided and designated by age and/or skill level. • Groups or classes will be held with minimum of four (4) participants, and a maximum of twenty-four (24) participants per group. • Groups or classes will be offered for adults, teens, youth, and preschool aged children. • Groups or classes will be held with a ratio of a maximum of eight (8) students to one (1) instructor. RFP Tennis Instruction Provider May 16, 2008 Page 2 • The instructional program will be managed and monitored by a tennis professional, certified by the United States Professional Tennis Association. • The instructor will sign a Tennis Instruction Service Agreement to provide services for one year. The contract will contain a provision to extend the agreement in one year increments for up to 5 years. A sample agreement is attached to this document. • In the event that the agreement is extended for one or more one year periods, the instructor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter. Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. • The instructor will sign a contract each quarter session for the services provided. A sample of the contract is attached to this document. • The instructor will keep in force comprehensive Personal Liability and Property Damage Insurance with the limits of at least $1,000,000 for bodily injury or death of any one person or for any one accident or occurrence and at least $1,000,000 for property damage. The City of Diamond Bar; its elected officials, officers, agents or employees will be listed as additionally insured on the policy. Equipment: • Instructor(s) will provide an adequate number of tennis balls required to teach each class. • Students will provide their own tennis racquets. Facilities: • All instruction will take place on city owned tennis courts. Selection Process After the June 5, 2008 submission deadline, a telephone interview will be conducted to review the proposal. Selection will be made by June 17, 2008. If you have any questions about the RFP or the selection process, please contact April Batson, Recreation Specialist, at 909.839.7072. Please submit all proposals to: City of Diamond Bar Attn: April Batson 21825 Copley Drive Diamond Bar, CA, 91765. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma ag TITLE: RESOLUTION LEVYING AN AS ESSMENT ON BAR LANDSCAPING ASSESSMENT DISTRICT FISCAL YEAR 2008-2009. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: Agenda # 7. 1 (a) Meeting Date: July 1, 2008 AGENDA REPORT CITY OF DIAMOND NO. 38 FOR THE The requested District 38 levy rate of $15.00 per parcel will generate approximately $267,810 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2008-09 operation, maintenance and capital budget. The total annual budget of the District is $303,637. The itemized budget for District 38 is included in the attached Engineer's Report, Financial Analysis, Page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the streetscape improvements along Brea Canyon Road (between Pathfinder Road and the Southerly City Limit); and the medians throughout the City. The maintenance areas are further detailed in Exhibit "B-1" of the Engineer's Report. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,854 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 2007-08 was $15.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: Date Prepared: June 24, 2008 Patrick Gallegos, Management Analyst REVIEWED BY: qL,d Rick Yee Seni r Enginee (i Attachments: Resolution No. 2008 -XX Engineer's Report RESOLUTION NO. 2008- A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2008-2009 A. RECITALS. (i) By its Resolution No. 2008-21, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2008-09. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California on July 1, 2008, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the I land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2008-09 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2008-09 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2008-09. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. 2 ADOPTED AND APPROVED this 1St day of July, 2008. Jack Tanaka, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 1St day of July, 2008, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2008-09 CITY OF DIAMOND BAR Preliminary: rune 3, 2008 Prepared by: GFB-FMDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 (951) 781-0811 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL RXNTRTTS Page 1 2 3 4 6 7 S INTRODUCTION pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2008-09 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: ,,The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among 'all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) (of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XEA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report— FY 2008-2009 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 Engineer's Report — FY 2008-2009 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 3B 3 Engineer's Report — FY 2008 2009 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2008-09 Fiscal Year is as follows: 2008-09 Recommended Budget Revenue: Transfer In — General Fund (39001) To Cover Deficit — to be repaid to Gen Fd Appropriation Fund Balance (from FY 2007-08) Property Tax — Special Assessments Interest Revenue TOTAL Appropriations: Personnel Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Water Edison Maintenance -Grounds & Bldg Professional Services Contract Services (Excel Landscape Maint. — 4% CPI) Extra gopher control contract at S. Brea Canyon Road/ Along 57 Freeway Maintenance of New Area: Prospectors at Sunset Crossing Capital Outlay Capital Improvements Reserve for Future Capital Improvements TOTAL 4 $ 21,150 $ 14,477 267,810 200 $ 303,637 1,500 158,000 7,000 14,000 4,000 113,137 1,000 5,000 0 (0) $ 303,637 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 38 Engineer's Report — FY 2008-2009 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 peiicent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 38 6 Engineers Report— FY 2006-2009 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $267,810 Estimated Number of Parcels: 17,854 Estimated Assessment Per Parcel: $ 15.00 2007-08 Assessment Per Parcel: $ 15.00 2008-09 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 Assessment District No. 38 Engineer's Report— FY 2008-2009 ASSESSMENT ROLL The individual. 2008-09 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated:�2008 FR; GFB-FRIEDRICH & ASSOC., INC. No. C27861 Exp. 3-31-10 CI cn HN A. Ad .D Assessment District No. 38 8 Engineer's Report — FY 2008-2009 � IIG CITY COUNCIL Agenda # 7.1 (b) Meeting Date: July], 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council 'tSESSMENT VIA: James DeStefano, City ManTITLE: RESOLUTION LEVYING AN ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2008-2009. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The requested District 39 levy rate of $130.00 per parcel will generate approximately $164,190 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2008-09 operation, maintenance, capital budget, and reserve for future improvements. The District budget totals $236,061. The itemized budget for District 39 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes, and open space areas within the Assessment diagram as reflected in Exhibit "B- 2" of the Engineer's Report. This reflects a total maintenance area of 60.67 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,263 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 2007-08 was $130.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Date Prepared: June 24, 2008 Patrick Gallegos, Management Analyst REVIEWED BY: RiA Yee Senior Engineer - Attachments: Resolution No. 2008 -XX Engineer's Report RESOLUTION NO. 2008- A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2008-2009. A. RECITALS. (i) By its Resolution No. 2008-22, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2008-09. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California on July 1, 2008 and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 1 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2008-09 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2008-09 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2008-09. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 2 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 1St day of July, 2008. Jack Tanaka, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 1St day of July, 2008, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 Exhibit "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR SHEET 10F 1 SHEET 4 i i ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2008-09 CITY OF DIAMOND BAR Preliminary: rune 3, 2008 Prepared by: GFB-PRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 (951) 781-0811 C TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit 1113-2" - Improvement Map Page 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, This report presents the engineering analysis for the 2008-09 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California] , " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 39 Engineer's Report — FY 2008-2009 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-211). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessmant District No. 39 2 Engineer's Report— FY 2008-2009 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Y.andscapmg Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes -and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No, 39 Engineer's Report— FY 2008-2009 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2008-09 Fiscal Year is as follows: 2008-09 Recommended Budget Revenue: Transfer In — General Fund (39001) To Cover Deficit — to be repaid to Gen Fd Appropriation Fund Balance (from FY 2007-08) Property Tax — Special Assessments Interest Revenue TOTAL Appropriations: Personnel Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Water & Edison Maintenance -Grounds & Bldg Professional Services Contract Services (Excel Landscape Maint. — 4% CPI) Weed/Pest Abatement (L.A. County Ag) Capital Outlay Miscellaneous Equipment Reserve for Future Capital Improvements TOTAL 4 $ 59,397 $ 10,974 164,190 1.500 $ 236,061 0 0 0 0 0 0 1,500 66,500 10,000 4,475 139,331 1,000 0 (0) $ 236,061 plans and Suecifiications plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 39 6 Engineer's Report— FY 2008-2009 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $164,190 Estimated Number of Parcels: 1,263 Estimated Assessment Per Parcel: $ 130.00 2007-08 Assessment Per Parcel: $ 130.00 2008-09 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Assessment District No. 39 7 Engineer's Report — FY 2000 2009 ASSESSMENT ROLL The individual 2008-09 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2008 eR° FSS GFB-FRIEDRICH & ASSOC., INC. N.. 027881 -tc Exp. 3-31-10 CIML A. F CF CAS-�F Assessment District No. 38 8 Engineer's Report— FY 2008.2009 � :11: SHEET 10F lsHpETT, Exhibit "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR Exhibit "B-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR SHEETaOFISHEET LEGEND iif. emnx aa.a Au � rNaa ua.nu' an SLOPES ��naWa •TURF u.aa g �MG hall a R.IL CITY COUNCIL Agenda: # 7 _ i (c) Meeting Date: July 1, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2008-2009. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The requested District 41 levy rate of $220.50 per parcel will generate approximately $122,157 in assessment revenue. The assessment rate remains the same as the rate applied at the date of incorporation of the City of Diamond Bar. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2008-09 operation, maintenance, capital improvement budget, and reserve for future improvements. The District budget totals $181,414. The itemized budget for District 41 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes, and open space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the Engineer's Report. This reflects a total maintenance area of 15.6 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 2007-08 was $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Date Prepared: June 24, 2008 Patrick Gallegos, Management Analyst REVIEWED BY: , 'a CU Ri k Yee Se for Engin6c) Attachments: Resolution No. 2008 -XX Engineer's Report RESOLUTION NO. 2008 - RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2008-2009. A. RECITALS. (i) By its Resolution No. 2008-23, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2008-09. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium/Government Center, 21865 Copley Drive, Diamond Bar, California on July 1, 2008, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2008-09 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2008-09 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2008-09. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. P 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 1 st day of July, 2008. Jack Tanaka, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 1" day of July, 2008, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar K Exhibit "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR M.Mu(( re. GW lYl OR Mua. WRNw M ewrtr a l00 M11uB(��n(.(..s Ntwa Y YCCnm n M fN[Ivlrl ♦WI euuxaoRCPwI ucx LY(LIIIAK6Yr uxe Mr1lM iM[wnrznittor M�WN�.�rnO� �/(tgY��A,IGLLx�/raNruw SHEET t OF 1 SHEET I � u:ow meonRtaYnecm cYenc errn(dYr or owr�on. un, eeuxn aPux •uouu. nen or uuraw.. nus_ wra m� crrr cunca(Nt att or ouuono e.c ru. w rn( ornce or (n( eaiwtt .uortoR caunrY a iac uio(ui. cTAn: OP GIPONLl� INf o.Y a YO.. i t CRYCm CWF Cm or aMwq w1 &�ASSOGq [NCN I ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2008-09 CITY OF DIAMOND BAR Preliminary: June 3, 2008 Prepared by; GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 C TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EKAIBPTS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Page 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2008-09 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIE A of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 41 Engineers Report — FY 2008-2009 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram. (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-3 "). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 99 Assessment District No. 41 2 Engineer's Report — FY 2008-2009 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. . The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "&3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by -the proceeds from this assessment district. Assessment Dlstrlot No.. 41 Engineer's Report — FY 2008-2009 C FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2008-09 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2007-08) Property Tax and Assessments Interest Revenue TOTAL Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance -Grounds & Bldg Professional Services Contract Services Contract Services (Excel Landscape Maint.) Weed/Pest Abatement (L.A. County Ag) Capital Outlays Miscellaneous Equipment Capital Improvements ** Reserve for Future Capital Improvements TOTAL ** No Capital Improvements this Fiscal Year. Assessment District No. 41 4 Engineer's Report— FY 2008-2009 2008-09 Recommended Budget $ 56,757 122,157 2,500 $ 181,414 0 0 0 0 0 0 1,500 77,000 10,000 4,475 49,727 17,677 0 0 21,035 $ 181,414 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Cleric and available for public inspection. Assessment District No. 41 Engineer's Report — FY 2008-2009 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Engineer's Report—FY 2008-2009 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Ppr Parcel: $ 220.50 2007-08 Assessment Per Parcel: $ 220.50 2008-09 Assessment Per Parcel: $ 220.50 Difference: $ 0.00 Assessment District No. 41 Engineer's Report — FY 2008-2009 ASSESSMENT ROLL The individual 2008-09 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: .�-,�._.._� 2008 K." C2786,p,3-31-10 CIVIL 0 A�gessment District No. 41 $ Engineer's Report — FY 2008-2009 ��D11: Exhibit 66A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR Ixe.wlluswwl IAArua Ion ucM gat on rAncn. wmuM TMt OIST�TorlO6 rwrFD.Ysia;pK OIOCN Af A34160[O OY 114 nROM[I ANO OOOMOOIO rOAGCM O1T OA lAa:O.Y UM mIMN M! OInCt q 110 br AXar� A6��c�iMCLLNYi ONIAla rx�r+rcsoMiv T.I'IA SHEET 10FISHEET � nuow THE onrcew TMn arY aGnorTMr dnaawrAaMo M COOM/V Ochs ANO[AO, QATF 0! C1M1011M1lluf _ OAY O! !O— COY MOK OI TM! OW O/ aAa -OM • IMfO a INE DIME OF — CO— AUDOM COOMY OF — AMwW.tTATEOFCA *-..— OAY Oc 20— i crrY nlnx or Txe crlr or aAuaxo awn • GNE•BffiEDRICH � & A550C ING SHEET t OF 1 SHEET I Exhibit "B-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2008-09 for the CITY OF DIAMOND BAR VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 1410 � DATE: ADDRESS:L/)A k7P ONE ,( G J ORGANIZATION: 1 AGENDA #/SUBJECT: / I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above.