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HomeMy WebLinkAbout12/02/2008City of Diamond Bar City Council Agenda Tuesday, December 2, 2008 5:00 p.m. — Closed Session CC -8 5:30 p.m. - Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Jack Tanaka Ron Everett Mayor Mayor ProTem Wen P. Chang Carol Herrera Steve Tye Council Member Council Member Council Member 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 itern, 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. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com 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. t 111A1N10Y11 RAR 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 detennines 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 wtivw.cityofdiamondbar.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 December 2, 2008 Next Resolution No. 2008-44 Next Ordinance No. 07(2008) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Initiation of Litigation — One Case. STUDY SESSION: 5:30 p.m., Room CC -8 ► Discussion of Solid Waste Franchise — Discussion and Action. A. Negotiate with Current Haulers versus Soliciting Proposals B. Solid Waste Sub -Committee C. Solid Waste Franchise Negotiation/RFP Process Integrity Rules Public Comments: CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Randy Lanthripe Church in the Valley ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro Everett, Mayor Tanaka APPROVAL OF AGENDA: 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. December 2, 2008 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Marisa Somenzi, Sr. Administrative Asst. upon her leaving the City of Diamond Bar. 1.2 Presentation of Certificates of Recognition to students participating in the "Read Together Diamond Bar" Event sponsored by Diamond Bar Friends of the Library. 2. CITY COUNCIL REORGANIZATION: 2.1 Selection of Mayor 2.2 Selection of Mayor Pro Tem 2.3 Presentation to Outgoing Mayor Jack Tanaka Recess/Reception: Reconvene: 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 addressina the Citv Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — December 9, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Traffic and Transportation Commission Meeting — December 11, 2008 — 7:00 p.m., AQMD/Government Center Board Hearing Room, 21865 Copley Dr. 5.3 Candy Cane Craft Fair — December 13, 2008 — 9:00 a.m. to 4:00 p.m., Diamond Bar Center, 1600 Grand Ave. December 2, 2008 PAGE 3 5.4 City Council Meeting — December 16, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of November 18, 2008 - Approve as submitted. (b) Regular Meeting of November 18, 2008 — Approve as submitted. 6.2 Parks and Recreation Commission Minutes — Regular Meeting of October 23, 2008 - Receive and file. 6.3 Traffic and Transportation Commission Minutes — Regular Meeting of October 9, 2008 — Receive and file. 6.4 Ratification of Check Register - Ratify Check Register dated November 13, 2008 through November 25, 2008 totaling $1,665,110.21. Requested by: Finance Department 6.5 Treasurer's Statement of October 2008 and Revised Treasurer's Statements of June, July, August and September 2008. Recommended Action: Approve. Requested by: Finance Department 6.6 Authorize City Manager to Extend a Professional Services Agreement with Lilley Planning Group, Inc. (LPG), to Increase the Contract Amount of $125,000 for a Total Contract Amount Not to Exceed $200,000 to Provide Continued On -Site Planning Services. Recommended Action: Authorize. Requested by: Community Development Department 6.7 Approve Exoneration of Surety Bond No. 6341975 Posted by Target Corp. d/b/a Target Stores for Parcel 1 of Parcel Map 14819 (Target Store Location) to Complete Street, Drainage Erosion Control, Landscape and Irrigation, Sewer, Non -District Water and Grading Improvements. Recommended Action: Approve. Requested by: Public Works Department December 2, 2008 PAGE 4 6.8 Approve Memorandum of Understanding (MOU) with L.A. County Metropolitan Transportation Authority to Secure $2,294,000 in Grant Funds for State Route 60/1-emon Ave. Partial Interchange Project. Recommended Action: Approve. Requested by: Public Works Department 6.9 Approve Three Year Renewal of Letter of Credit for City of Diamond Bar Public Financing Authority Variable Rate Lease Revenue Bonds, 2002 Series A. Recommended Action: Approve. Requested by: Finance Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. RECESS TO REDEVELOPMENT AGENCY: 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Everett, Herrera, Tanaka, VC/Tye, C/Chang 2. 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 Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 Redevelopment Agency Minutes — Annual Meeting of April 15, 2008 — Approve as submitted. 3.2 Treasurer's Statement - April 1, 2008 through October 31, 2008 — Approve as submitted. December 2, 2008 PAGE 5 4. REDEVELOPMENT AGENCY REORGANIZATION: 4.1 Selection of Chair 4.2 Selection of Vice Chair AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN REDEVELOPMENT AGENCY MEETING: RECESS TO PUBLIC FINANCING AUTHORITY: CALL TO ORDER: Chairman Tanaka ROLL CALL: Authority Members Chang, Herrera, Tanaka, VC/Everett, C/Tye 2. 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 Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Public Financing Authority values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authority Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Public Financing Authority. 3. CONSENT CALENDAR: 3.1 Public Financing Authority Minutes — Regular Meeting of September 16, 2008 —Approve as submitted. 3.2 Treasurer's Statement—August 1, 2008 though October 31, 2008 - Approve as submitted. 4. PUBLIC FINANCING AUTHORITY REORGANIZATION: 4.1 Selection of Chair 4.2 Selection of Vice Chair AUTHORITY MEMBER COMMENTS: Items raised by individual Authority Members are for Authority discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. December 2, 2008 PAGE 6 ADJOURN PUBLIC FINANCING AUTHORITY MEETING: RECONVENE CITY COUNCIL MEETING: COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session DATE: November 26, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 4 FROM: David G. Liu, Director of Public W rks N' TITLE: Solid Waste Franchise Study Session of December 2, 2008 At the October 21, 2008 City Council Meeting, staff was directed to bring back the solid waste franchise agreements to a Council Study Session for review and discussion. The following three (3) items will be discussed at the December 2nd Study Session in the order of priority for Council's consideration. A: Negotiations with Current Haulers Versus Soliciting Competitive Proposals B: Role of City Council Solid Waste Subcommittee C: Solid Waste Franchise Negotiation/RFP Process Integrity Rules Please review the attached reports and let us know if you have any questions. Date: November 26, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROVAL OF CITY COUNCIL SOLID WASTE RECOMMENDATION TO BEGIN NEGOTIATIONS HAULERS RECOMMENDATION: Approve. FINANCIAL IMPACT: None. BACKGROUND: Item A SUBCOMMITTEE WITH CURRENT During the September 16, 2008 City Council Meeting, the Council approved the creation of a Council Solid Waste Subcommittee and appointment of two (2) Council Members to the subcommittee. Since then, the subcommittee has met twice and at its first meeting on October 9, 2008, the pros and cons of exclusive negotiation versus soliciting competitive proposals were evaluated. DISCUSSION: Advantages of negotiation include; ensures continued service from a "known entity" that has provided successful service in Diamond Bar for the last ten years, avoids transition issues associated with a change of service providers, and has fewer adjustments for customers and improves existing service. The advantages of competitive proposals are that; it ensures that services are competitively priced, it maximizes likelihood of obtaining a comprehensive contract with favorable terms that protect the City's interest, and it presents a public appearance of fairness in awarding large contracts. The Solid Waste Subcommittee recommends entering a six (6) month negotiation time frame ending in April/May, 2009 to determine if the City will extend the current contracts. This would provide enough time to work on favorable contract terms and to finalize a new agreement, which will address the solid waste and recycling needs for Diamond Bar residents and businesses before the current contract expires in August of 2010. Competitive and consistent pricing compared to neighboring cities will still be ensured during this process. An additional nine (9) to twelve (12) months of competitive proposal process will be necessary if the negotiations are not successful. On a parallel track, a Request for Proposal will be prepared for immediate release in the event that the outcome of the negotiations are not favorable to the City. PREPARED BY: Joyce Lee, Senior Management Analyst REVIEWED DaM I. Liu, P.E. Director of Public Works Page 2 of 2 Item B Date: November 26, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: CITY COUNCIL SOLID WASTE SUBCOMMITTEE RECOMMENDATION: Direct staff as appropriate. FINANCIAL IMPACT: None. BACKGROUND: The current trash hauler service agreement for both Valley Vista and Waste Management will be ending August 15, 2010. With less than twenty-one (21) months left in the current contracts, possible negotiations with our current haulers or request for proposals could start now in order for there to be enough time to work on favorable contract: terms and to finalize a new agreement, which will address the solid waste and recycling needs for Diamond Bar residents and businesses. At the September 16th City Council Meeting, the Council established an ad hoc subcommittee consisting of Mayor Tanaka and Mayor Pro Tem Everett to lead the negotiation/RFP process with the support and assistance of staff. This approach invests two Council Members in the process and provides a vehicle for use by staff to obtain input on an informal basis. DISCUSSION: Staff has drafted a wish list of possible improvements to the current agreement that can be discussed and considered by our current haulers. This list may be used to aid in our negotiations with the current haulers for a possible extension or for soliciting competitive proposals. The Council Subcommittee will help facilitate the negotiation or Request For Proposal (RFP) process by allowing efficient and timely meetings to review any contract terms or issues. More importantly, upon completing a thorough review process, the Council Subcommittee will bring its recommendations before the full City Council for further review and discussion. If Council concurs to commence with negotiations with the incumbent franchisees, the Council Subcommittee will provide an effective forum for discusslion of solid waste and recycling matters. During a Negotiation Process, the Subcommittee would play a key role in preparing specific program changes and enhancements that the City desires and be actively working with the current haulers. There will be exchange of information that will require detail review and prompt response time. These tasks include: • Reviewing existing contracts and providing recommendations for programs and contract modifications; • Preparing/ reviewing a final list of the issues to be negotiated and working with staff to prioritize the list for negotiations; • Holding negotiation meetings; • Preparing/ reviewing draft contracts to reflect the changes and enhancements; and • Presenting final contracts/ negotiated agreements to the City Council for approval. The negotiation time frame for a contract extension is expected to last up to six months for each hauler. During those six months, evaluations of the overall service of the two haulers in the past eight years will also be made. During a RFP process, the Subcommittee will work closely with the consultant and staff to make sure that the RPP adequately covers our City's solid waste and recycling needs before it is finalized. The proposals that are submitted in response to our RFP will each need to be carefully reviewed with the pros and cons evaluated. This will be a time consuming process as we will be essentially communicating with all proposers and choose one or two that best fits our needs. These specific tasks include: • Reviewing existing contracts and providing recommendations for program and contract modifications; • Preparing/ reviewing a final list of the issues to be changed in each contract for the RFP process; • Preparing/ reviewing Request For Proposals; Participating in the pre -proposal conference; • Participating in the evaluation of the proposals; • Preparing/ reviewing draft contracts for presentation to the City Council; and • Presenting final contracts to the City Council for approval. The RFP process is expected to last up to twelve (12) months and would give the City the flexibility to evaluate other comparable rates and services in the industry. Page 2 of 3 PREPARED BY: Joyce Lee, Senior Management Analyst REVI /7�,� David 16. Liu, P. E. Director of Public Works Page 3 of 3 Item C DATE: November 26, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: SOLID WASTE FRANCHISE NEGOTIATION/RFP PROCESS INTEGRITY RULES RECOMMENDATION: Direct staff as appropriate. FINANCIAL IMPACT: None As the City Council is aware, the City is now embarking on a process to determine how and by whom residential and commercial solid waste and recycling collection services will be performed in the City upon expiration of the current franchises in 2010. If Council concurs, the process will commence with negotiations with the incumbent franchisees, which will result in either an extension of one or both of the existing franchise agreements or a decision to open the process to all interested vendors through a request for proposals. The City Council established an ad-hoc subcommittee consisting of Mayor Tanaka and Mayor Pro Tem Everett to spearhead this process with the support and assistance of City staff. In order to ensure a fair process free of the perception of favoritism, it is recommended that the Solid Waste Franchise Process Integrity Rules be reviewed by the City Council. DISCUSSION: The following rules are proposed: PROPOSED NEGOTIATION RULES From the date that the City Council authorizes the initiation of contract negotiations with Waste Management and Valley Vista and until the City Council either awards a franchise extension or elects to issue a Request for Proposals ("RFP"), any and all contacts, communications, and/or conversations about franchise -related, customer service -related, and negotiation -related waste hauler issues outside of a properly convened subcommittee or City Council meeting shall be directed exclusively to Joyce Lee, Sr. Management Analyst and/or David Liu, Public Works Director. 11 is understood and acknowledged that incidental conversations in a social setting may occur from time to time between City officials and employees and representatives of solid waste enterprises. Those contacts and conversations should steer clear of the subjects of the existing franchise, the proposed franchise and/or any components of either including any and all aspects of franchise negotiations. The two incumbent solid waste vendors and other vendors who may be interested in proposing their services to the City will be advised of these Process Integrity Rules. They will be advised that any contact made with City officials or employees other than Ms. Lee and Mr. Liu outside of a properly convened subcommittee or City Council meeting by the vendor's representatives regarding the topic of solid waste agreements, negotiations, or any other issues associated with franchise negotiation may result in the disqualification of that waste hauler from consideration. • C:ouncilmembers shall decline any and all gifts, including food and beverages, regardless of the financial value, from any waste haulers or their representatives. Any offer of a gift by a waste hauler representative or others acting on behalf of a waste hauler shall be grounds for disqualification from consideration. • Interpretation of these Rules above shall rest solely with the City Manager. PROPOSED REQUEST FOR PROPOSAL RULES If the City Council elects to issue an RFP either immediately or in the future, the following rules shall govern interaction between Councilmembers, appointed City officials, and City staff, and all interested responders to the City's RFP: All of the above rules will be in effective and will apply to all interested parties effective with the release of the City's RFP until the award of the franchise.. • A,II questions regarding the RFP, its ancillary material, current services, proposed services, or any other clarification shall be submitted in writing to Joyce Lee, Sr. Management Analyst and David Liu, Public Works Director. All answers to the above written material submitted to the City shall be circulated to all interested parties to the RFP process along with the original written communication. • Any vendor who violates these Rules will be notified of its violation and may be disqualified from the selection process at the sole discretion of the City Manager. Page 2 of 3 For any issues or situations that are not specifically addressed above, guidance should be sought by any interested party from the City Manager or his designee. CONCLUSION Since incorporation in 1989, the City Council has served the residents of Diamond Bar with responsibility, respect, honesty, and trustworthiness. These key ethical values continue to guide the Council through each and every decision they make, no matter how small. These factors do not go unnoticed by residents, who recognize the role of elected officials as their stewards of tax dollars, infrastructure and facilities, and ultimately, the public's trust in government. The continuous progress and thriving economic and social health of Diamond Bar even in difficult times nationally speak volumes of the Council's reliance on these core ethical values. The proposed Solid Waste Franchise Negotiation/RFP Process Integrity Rules as outlined herein are designed to serve as a documented guide for all parties involved in the process and serve as yet another example of the City's dedication to the public trust. PREPARED BY: Joyce Lee, Senior Management Analyst REVIEWED Dg -v --id G. Liu, P.E. Director of Public Works Page 3 of 3 Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 18, 2008 UKAFT STUDY SESSION: M/Tanaka called the Study Session to order at 5:45 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Patrick Gallegos, Management Analyst; Ryan McLean, Assistant to the City Manager; Ken Desforges, IS Director; Joyce Lee, Senior Management Analyst; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst and Tommye Cribbins, City Clerk. ► DISCUSSION OF SOLID WASTE FRANCHISE — Discussion and Action. A. Negotiate with Current Haulers versus Soliciting Proposals B. Solid Waste Contracting Assistance Services C. City Council Solid Waste Subcommittee D. Solid Waste Franchise Negotiation/RFP Process Integrity Rules CM/DeStefano asked Council to consider Item D as a priority. PWD/Liu reported on action to date and options before the Council that need to be acted upon as quickly as possible to ensure that appropriate action is taken to conclude this matter within the next seven months. M/Tanaka suggested that Council take action on Item C first. Council concurred to immediately disband the subcommittee. C/Herrera felt that the present two waste haulers were doing a satisfactory job for the community and that it would be prudent to renegotiate with them. MPT/Everett felt that by renegotiating with the present haulers, that the City may Dose out on learning new creative ideas that both the consultant and staff would be aware of and impart to the Council. M/Tanaka stated that the subcommittee felt that in order to make the matter transparent it would be a good idea to immediately go out for the RFP while remaining aware of the experience with the current trash haulers. NOVEMBER 18, 2008 PAGE 2 CC STUDY SESSION C:/Chang said he learned nine years ago that in order to engage in good government practices the matter should be an open bid and in order to move the process forward it should be a two -phased process: First, negotiate with the current haulers and then if the Council doesn't get what it wants, then go to step two, the RFP process. C:/Tye asked staff to provide some background information about the previous process. C:M/DeStefano responded that upon incorporation the City inherited some 12 or 14 separate waste haulers operating in the City and it was chaos. The City made a decision to go out with an RFP. CA/Jenkins explained that the City had to wait about five years before the RFP could be legally issued. CM/DeStefano said the process included a Council subcommittee of which both hie and Mr. Liu included, which ultimately led to the recommendation that the City contract with Valley Vista and Waste Management. C/Herrera asked how the City handles the school districts using different waste haulers. CM/DeStefano responded that the school districts are separate entities and therefore contracts with a hauler of their choice. M/Herrera said that while an RFP might be a good idea there are waste haulers who use unscrupulous tactics and she was sure the Council would not want the City to be stuck in those circumstances. The lowest bid is not always the best in the long term. CA/Jenkins said that the City was not obliged to take the lowest bid. C/Tye wanted to get the best deal and wondered whether that could be accomplished through the RFP process or by negotiating with the current haulers. If the City negotiates first and then at the end then goes to the RFP process, what has been lost other than six months of time? C/Chang felt there was less risk in immediately going with the RFP process. C/Herrera assumed the consultant would advise the Council whether the proposal was acceptable and met the Council's criteria. ACM/Doyle explained that staff had been collecting copies of the most recent franchise information including RFP contracts and that when it comes to negotiating, staff will know what the RFP results have been which in turn is a starting point. NOVEMBER 18, 2008 PAGE 3 CC STUDY SESSION C:/Chang felt that since the same consultant would be used for both processes the Council may as well go for the RFP from the beginning. The current waste haulers are doing a good job and they will probably remain in the pool. The City Council needs to make the best decision possible on behalf of the residents and the highest integrity should move the process forward. KI/Tanaka said he was comfortable moving forward with the RFP process because the City knows what it has with the current haulers and should consider other proposals to avoid favoritism. CA/Jenkins responded to C/Herrera that the RFP process is a longer process and staff intends to request the RFP's immediately anyway in case discussions with the current waste haulers fail. In addition, it would put pressure on the two current haulers to strike a deal with the City before it got to the RFP point. From that standpoint there would be no time wasted. However, if the City is able to strike a deal with the current waste haulers in six month the process would be done. If there was a two-pronged process and new waste haulers were selected the process could take a year and a half or so moving through the transition for the customers. CA/Jenkins talked about the RFP process. The Council could decide to renew the present contracts prior to 2010. However, if the Council decided to go through the RFP process most haulers would not be able to give the City a price for 2010 until there was sufficient lead time to get an RFP out, obtain the responses, conduct an analysis and go through the evaluation process. CA/Jenkins felt it would be useless to start an RFP process until well into 2009. C/Chang felt there was enough time to proceed with either process and believed that competition was good. If the City moves forward with a good process it would not be challenged. PSI/Herrera asked about the cost to the City. CM/DeStefano stated that while the consulting firm is the most expensive it is also well -versed and the most respected firm in the area. The City will be responsible for the initial contract and compensation, and typical to the industry, the waste hauler would, through contract renewal or new contract process reimburse the City for those costs. That is not why staff is recommending the most expensive firm; rather, the recommendation is based on the belief that this firm is the best in the business and would best represent the City's needs. CM/DeStefano explained that the consulting firm would work with staff if the Council decided on an exclusive contract within the next six months. Concurrently, staff needs the firm to prepare the RFP should negotiations fail. Staff wants to keep pressure on the two haulers by letting them know that the City is preparing an RFP should negotiations fail. NOVEMBER 18, 2008 PAGE 4 CC STUDY SESSION MPT/Everett said he was compelled by C/Chang's arguments about integrity, objectivity, etc. and even more compelling when the work done by professionals. However, he was very concerned that one of the key elements of the evaluation would not be by the numbers or talking to other people, but that it would be relationship -driven. D.B. has an eight-year relationship with the current haulers. The City knows these providers and their weaknesses and in his opinion, the City would lose a lot by not giving them a chance. He also wanted the haulers to give them the option to invest the money they would have to spend on an RFP response in a renewal contract. ACM/Doyle said he appreciated MPT/Everett's concerns because there is a potential that when consumers look at what they're going to pay they may want a lower price but the service may not be the best based on what staff and the consultant have learned about the operation. The RFP process can put a tremendous pressure on the Council because it would be selecting a hauler that would not necessarily provide the lowest rate to the consumer. C/Herrera said she agreed with MPT/Everett that the City should proceed with negotiations with the current haulers and in the event negotiations are unsuccessful, proceed with the RFP process as of May 31, 2009. M/Tanaka felt that to better serve his constituents it would be advisable for the Council to go with the RFP process from the beginning. Pvl/Herrera felt that the two present haulers had provided exemplary service for the most part. The public elects the Council to make informed decisions and the Council could say to its residents that "this is why we're moving in this direction and if the Council cannot negotiate the best deal for the residents, then we'll do an RFP". But because the City has a known entity, she would feel more comfortable initially moving forward with the negotiation process. C,/Chang reiterated that that was the reason the Council needed to open the process to an RFP. MPT/Everett said he fully agreed with C/Chang's comments. The issue of perception and objectivity to constituents is vital. However, the key element that cannot be added in any equation of an RFP is "relationship" which is not guaranteed by words written in a response to an RFP. For that reason he preferred to have the City enter into free -agent negotiations for a reasonable time frame and then if it cannot be worked out with the haulers the City has known for F3 long period of time and developed a relationship of trust, then open it up to the free market. C/Chang felt it would set a bad precedent not open the process to free agents. C/Tye suggested that the City could shorten the response time from the two waste haulers after stating what the City anticipates in the way of a response. NOVEMBER 18, 2008 PAGE 5 CC STUDY SESSION CM/DeStefano responded that the likelihood of the current waste haulers not responding favorably would be zero because both companies have a significant investment in this valley and in D.B. He believes both companies would fight hard to retain the City's business no matter which direction the Council decided on. C:/Herrera stated that there are many cities that negotiate with current haulers and then go out to RFP if negotiations fail so that is government practice. C:M/DeStefano confirmed that C/Chang recognizes both options but prefers that D.B. continue with its history of an open bid process. C/Chang agreed he felt that was a better option. C/Tye suggested that the Council postpone a decision until the next meeting. CM/DeStefano reminded the Council that the next meeting is reorganization of the Council and could be a difficult night to have this kind of a discussion in a Study Session format. Time is not of the essence as long as the Council makes its decision soon. Council concurred to continue this matter to the next Study Session for discussion and action. PUBLIC COMMENTS: None ADJOURNMENT: With no further business to come before the City Council, M/Tanaka adjourned the Study Session at 6:40 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2008. JACK TANAKA, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 18, 2008 E) R ,SFT CLOSED SESSION: 5:00 p.m. — Room CC -8 Public Comments on Study Session Agenda — None Offered. I► Government Code Section 54956.9(c) Initiation of Litigation — One Case STUDY SESSION: 5:45 p.m., Room CC -8 N Solid Waste Franchise discussion and action A. Negotiate with Current Haulers versus Soliciting Proposals B. Solid Waste Contracting Assistance Services C. City Council Solid Waste Subcommittee D. Solid Waste Franchise Negotiation/RFP Process Integrity Rules M/Tanaka recessed the Study Session to the Regular Meeting at 6:40 p.m. CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:50 p.m. in The Government Center/AQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano stated that during tonight's Closed Session there were no public comments and no reportable action by the City Council. CM/De" tefano reported that tonight's Study Session commenced at 5:45. Council and staff discussed matters related to the upcoming Solid Waste Franchise renewal process and concluded by moving the items to the next meeting in December. PLEDGE OF ALLEGIANCE: Mayor Tanaka led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church, gave the invocation. ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Joyce Lee, Senior Management Analyst; Kimberly Molina, Associate Engineer; Erwin Ching, Assistant Engineer; Anthony Santos, Management Analyst; Cecilia Arellano, Public Information Coordinator; Lauren Hildago, Public Information Specialist and Tommye Cribbins, City Clerk. NOVEMBER 18, 2008 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: CM/DeStefano stated that pursuant to Government Code §54954.2(b) (2), staff is requesting that a matter which came to the City Council after puiblication of the agenda and related materials be added to the Consent Calendar to wit: "A Resolution of the City Council of the City of Diamond Bar confirming the existence of a local emergency and ratifying the Proclamation thereof'. On Sunday morning CM/DeStefano enacted the Emergency Operations Center of the City and declared a local emergency as authorized by the Government Code and the City's regulation. The actions taken need to be ratified by the City Council within a prescribed time period and asked that the matter be added to the agenda by vote of the Council and that the City Council take action this evening to adopt the resolution. C/Tye moved, C/Chang seconded, to add Consent Calendar Item 6.7 as recommended by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Deputy Chief Mike Bryant presented an update on the fire that occurred during the past few day's consuming about 30,000 acres. 3,700 firefighters worked the incident. The red lines on the map continue to show heat around the 30 -mile perimeter. The fire started in Corona and moved to the Anaheim, Yorba Linda, Carbon Canyon, Sleepy Hollow and Chino Hills areas, close to Diamond Bar and finally into LA County. Good news is that as of a couple of minutes ago the fire is reported to be 90% contained. He thanked the Mayor, Council and residents for their cooperation and thanked the D.B. firefighters for their outstanding participation. Capt. Dave Halm also spoke about the events of the past weekend and how the Sheriff's Departments' 528 personnel participated in the evacuation process in The Country Estates. During the process, personnel remained in the area and that no incidents were reported. Emergency procedures in D.B. were enacted with the assistance of CM/DeStefano and ACM/Doyle. No homes were lost in D.B. and no one was injured. M/Tanaka thanked all who participated in keeping D.B. safe and secure. The overall support from the community was overwhelming. He announced that residents are invited to stop by the Diamond Bar Center after 12 noon tomorrow to add their signatures to a 20 foot thank -you card that will be presented to the heroes of this event. Residents participating in tonight's meeting can sign the card as they leave tonight's City Council meeting. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NOVEMBER 18, 2008 PAGE 3 CITY COUNCIL NEW BUSINESSES OF THE MONTH: 1' .1 M/Tanaka presented a City Plaque Dr. Monica Abrew and Reyna Del Haro, members of Kaiser Permanente Diamond Bar Medical Offices, 1336 Bridge Gate Dr. as New Business of the Month for November 2008. 1.2 M/Tanaka presented a City Tile to Xavier and Ruth Avila owners of Xavier's Florist, 1220 S. Diamond Bar Blvd. as Business of the Month for November 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano spoke about the public service individuals who worked diligently to protect the City. The City is extraordinarily fortunate to live in Los Angeles County and have the professionalism and expertise of the Fire Department and heriff's Department. Recently, emergency preparedness exercises took place in this and Tonner Canyon areas in preparation for the most likely scenario of a wildland fire coming through Tonner Canyon and affecting The Country Estates. The training these officers undertake on a daily basis and the effort provided to the community as represented by their efforts over the weekend resulted in the execution of a flawless plan. CM/DeStefano spoke about the honor of working with staff members David Doyle, Bob Rose, Marsha Roa, Cecilia Arellano, Tommye Cribbins, Ryan McLean, Anthony Santos and Jason Fuentes, who spent many hours providing service and coordination on behalf of the community, as well as Dickie Simmons. He extended a special thank you to Deputy Chief Bryant, Leticia Pacias, Lt. Maxey, Capt. Halm, the Red Cross working with the Walnut Valley Unified School District, the City of Walnut and others. He said he was extraordinarily proud of the team and to be serving D.B. with an outstanding group of professionals to help him. C/Chang said that as an evacuee and City Council Member he witnessed everything that CM/DeStefano spoke about. City staff did a wonderful job. 3. PUBLIC COMMENTS: Gene Lawless and Michael D'Orazio spoke about the December 5 opening of East 180, an upscale casual modern provincial Chinese Cuisine restaurant in the former Sizzler location. He also thanked the City and Council particularly ACDD/Gubman and the Planning staff for all their help. Lydia Plunk spoke about the recent fire and thanked all who helped protect the City. She talked about the wildlife corridor and said she felt it was time to consider a water reservoir and bypass road in the canyon. Jerry Hamilton talked about the many heroes who participated in the firefighting effort. NOVEMBER 18, 2008 PAGE 4 CITY COUNCIL Vinod Kashyap paid tribute to the firefighters, City Council, CM/DeStefano and staff along with everyone else who fought valiantly to save D.B. properties. He discovered through research that Chino State Park backs up to Carbon Canyon that runs to San Diego past Lake Mathews. He felt very fortunate to live in such a great country. Anyork Lee suggested the regional municipalities work together to determine what kind of mountain goats might eat the dry grass and help prevent grass fires. Fie spoke against the NFL Stadium. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5 C SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — November 20, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Planning Commission Meeting — November 25, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Thanksgiving Holiday — City Offices closed Thursday, November 27 and Friday, November 28, 2008 in observance of the Thanksgiving Holiday. City Offices reopen Monday, December 1, 2008. 5.4 City Council Meeting — December 2, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. CONSENT CALENDAR: C/Chang moved, MPT/Everett seconded, to approve the Consent Calendar. 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 Regular Meeting of November 4, 2008 — Approved as submitted. 6.2 RATIFIED CHECK REGISTER — Dated October 30, 2008 through November 12, 2008 totaling $2,004,432.55. 6.3 ACCEPTED WORK PERFORMED BY TWO HORSE CONSTRUCTION FOR CONSTRUCTION OF THE V -DITCH ON GOLD RUSH EAST OF DIAMOND BAR BOULEVARD AND DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. NOVEMBER 18, 2008 PAGE 5 CITY COUNCIL 6.4 ADOPTED ORDINANCE NO. 06(2008): APPROVING DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030 OF THE MUNICIPAL CODE TO ALLOW LIMITED EDUCATIONAL USES IN THE REGIONAL COMMERCIAL (C-3) ZONE. 6.5 APPROVED RIGHT-OF-WAY USE AGREEMENT WITH NEXTG NETWORKS, INC. TO INSTALL WIRELESS COMMUNICATION EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY. 6.6 APPROVED AMENDMENT TO FY 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO PROVIDE AN ADDITIONAL $131,136 FOR THE SYCAMORE CANYON PARK ADA RETROFIT — PHASE IV PROJECT, FOR A TOTAL PROJECT ALLOCATION OF $302,744 AND ADOPTED RESOLUTION NO. 2008- 41. E5.7 ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE PROCLAMATION THEREOF. 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 2008-43: VACATING AN UNUSED PORTION OF VIA SORELLA STREET, ROADWAY EASEMENT (Continued from November 4, 2008). PWD/Liu stated that the vacation of the unused portion of Via Sorella is being recommended by staff due to the fact that there is no present or prospective public use for this portion of the roadway easement and by doing so, the financial risk of the City related to the liability is reviewed. Prior to the construction of SR57/60 freeways, Via Sorella was part of the LA County highway roadway system previously known as Brea Canyon Rd. On September 9, 2008 the Planning Commission confirmed the proposed vacation to be in conformance with the City's General Plan; on October 7, 2008, the City Council set the Public Hearing date and advertised the matter accordingly. The November 4 Public Hearing was continued to tonight's meeting in order to allow utility companies to review the proposed vacation. The utility companies have requested a non- exclusive easement for the entirety of the portion of roadway easement under consideration this evening (photos shown of the area). Upon confirmation that the City Council finds the roadway easement as described is unnecessary for the present or prospective public use, staff recommends approval of Resolution No. 2008-43. M/Tanaka reopened the Public Hearing. NOVEMBER 18, 2008 PAGE 6 CITY COUNCIL Mary Dilley, 21225 Davan Ave., said she lived in a unique neighborhood because it is completely surrounded by major roadways and freeway. The residents were pleased to have the sound wall and light. However, absent a left turn signal it is difficult to complete a left turn because traffic is unbearable. She thanked M/Tanaka and ACM/Doyle for meeting with her on this item. She was advised tonight that the owner/director of the Institute of Knowledge is willing to meet with his neighbors. Due to the land motion and movement from the SR57 north and the SR57/60 interchange south as well as, traffic on Brea Canyon Blvd., many homes within the community have suffered serious damage. She asked if there was a study done on Via Sorella to determine whether additional street damage would be caused by this project and the additional street movement within the community due to the activity of the Institute's project? Marianne Cordova -Breen, 21320 Golden Springs Dr., President, AMS Group which owns the property immediately adjacent to the Institute of Knowledge known as American Mini Storage. She attended this evening's meeting to go voice her concerns about the project and its large structure. She was unable to attend public hearings involving the project and she was concerned about the utilities for the facility. She further wondered how kids would be able to get out of the area in case of fire. The project was noticed as a school and not as a cultural institution; she was told there was a community meeting which no one attended and she wondered what kind of notice was sent to the residents. She found out by accident that the institute thought there was a drainage easement which there is not. She is concerned about cross -lot drainage. Olin Lamb, 21232 Davan Ave., a 40 -year resident, thanked C/Tye for answering her questions during the November 4 meeting. She asked how often the City would clear the brush and maintain the road to prevent a fire hazard. She thanked the Firefighters, Sheriff and City officials for their help. After listening to PWD/Liu tonight she understood that the City would provide maintenance on a two-week basis. Martha Gomeztrejo, 21220 Davan Ave. asked whether Caltrans and the utility companies were consulted during consideration of the original project in 2007. She asked what the subterranean parking impact, the stability of the freeway and the transition portion of the freeway if there is a 7.0 or better magnitude earthquake. Paul Burmeister, 21226 Davan Ave., asked if the City or City Council requested an impact study of Via Sorella/Brea Canyon area when the school proposed to build at the opposite end of Via Sorella. After reading through the studies he found very little on the impact to the street and homes abutting Via Sorella. The study indicates no impacts is erroneous. He asked what types of studies have been done regarding additional NOVEMBER 18, 2008 PAGE 7 CITY COUNCIL noise level, increased traffic on Via Sorella, noise from construction, pollution, etc? It seems to him there should be more care given to the street and with the increased traffic it could pose a problem. M/Tanaka reminded speakers to address the subject of street vacation and refrain from speaking about the project which was approved by the Planning Commission. Wayne Burk, 1038 S. Adel, said he shared the previous speakers concerns. Because of the type of notice that was provided to residents it is no wonder that folks were not aware of the project. Nick Prokop, 20909 Gold Run, said he was surprised when he heard about this project and when he heard there was a public hearing on the night of an election and questioned the reasoning behind it. He wondered why the City's Engineer did not notice that the project should have drainage. Barbara Burmeister, 21226 E. Davan Ave., asked if the City had a plan to maintain Via Sorella and what the boundaries of the City's maintenance area are. David Gomez, 1126 Bain Ave., asked what would be done to control the dust and what the hours of operation the project would be limited to. Jethro White, 21201 Davan Ave. commented on the school project and said he was concerned about traffic. He said that CM/DeStefano said he would provide a memo regarding the vacation of the two parcels to wit either giving the parcels to the project owner, whether the City would maintain the easements for the two parcels and what staff would recommend. He wanted to know why the memo had not been made available to the public. He likes the City but he believes the manner in which the City notifies residents about projects such as this one is very poor. With no further testimony being offered, M/Tanaka closed the Public Hearing. C/Herrera understood that the neighbors were upset about the project. However, permits were granted a year ago and the agenda item tonight is not whether to cancel the project but whether to vacate two parcels which were originally the property owner's parcels. The City took an easement for the street and the City is ready to give back to the property owner that area it took from the property owner. That is the item on the agenda. C/Herrera moved to approve Resolution No. 2008-43 to vacate an unused portion of Via Sorella Street, Roadway Easement. NOVEMBER 18, 2008 PAGE 8 CITY COUNCIL MPT/Everett asked staff to provide a response to the City's analysis as requested by a speaker before proceeding with the vote. PWD/Liu explained that the Streets and Highway Code states that a City must decide, based on the factual information researched and provided by staff to the City Council, whether or not the proposed roadway easement vacation provides any present, future or prospective use of the roadway easement. As previously stated several times this evening, staff has proposed that as part of the LA County roadway system there was a need for a roadway which was known as the Brea Canyon Rd. which connected part of the City from one end to the other. Over the years with all of the development and freeway improvements Via Sorella is no longer a portion of a continuous through street. There is no future use for the roadway easement area for the City and based on the simple guidelines prescribed in the Streets and Highway Code if there is no present or prospective future use of that roadway easement, as prescribed by law, the City is simply abandoning the roadway easement (parcels a and b) back to the abutting rightful owners that were identified to the Council. MPT/Everett seconded the motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 AWARD OF CONTRACT TO HILTON FARNKOPF & HOBSON, LLC (HF&H) IN THE AMOUNT OF $150,000 FOR AS -NEEDED SOLID WASTE NEGOTIATION OR REQUEST FOR PROPOSAL SERVICES. CM/DeStefano stated that this is consideration of award of contract for as - needed solid waste negotiation or Request for Proposal services in anticipation of impending termination of the City's Solid Waste contracts with the current providers which occurs in August 2010 and staff's desire to commence what is typically a very long process to consider a new contract for services. SMA/Lee stated that with the impending solid waste contract deadline, the City will need expert assistance in developing favorable contract terms to address the future solid waste needs for D.B. residences and businesses. Five proposals to provide solid waste contracting assistance were received and evaluated from which HF&H Consultants has a level of expertise in the procurement of service agreements for refuse, recycling, green waste collection, materials processing services and disposal. NOVEMBER 18, 2008 PAGE 9 CITY COUNCIL Therefore, staff recommends award of contract to HF&H Consultants in the amount of $150,000 for As -Needed Solid Waste services. SMA/Lee stated that it is typical within the industry for consultant costs to be reimbursed by solid waste haulers as an administrative fee for the amount the City incurred in connection with entering into the agreement. C/Herrera moved, C/Tye seconded, to award a contract to Hilton Farnkpf & Hobson, LLC (HF&H) in the amount of $150,000 for as -needed solid waste negotiation or Request for Proposal Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 APPOINTMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADVISORY COMMITTEE. ACM/Doyle reported that the City received two applications to fill the vacancy that was advertised and that the two applications have been provided to Council. Staff would request the Council discuss the items and take action. If the Council wishes to delay this matter there is not a pending reason for the appointment tonight and staff would continue to advertise the position. Applications were received from Rick Rogers and Kevin House. The current position is a single vacancy with one position previously reappointed by Council. C/Herrera said she was impressed that Council received two applications. C/Herrera nominated Kevin House. C/Tye seconded the nomination. Motion failed 3-2. M/Tanaka nominated Rick Rogers. C/Chang seconded the nomination. Motion carried 3-2 (Herrera, Tye voting No). M/Tanaka declared Rick Rogers appointment to the Wildlife Corridor Conservation Authority (WCCA) Advisory Board. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye stated that many events occurred over the past two weeks that were pre- empted by the past 72 -hours. It was incredible to watch the public safety professionals at work. It is interesting to talk about and develop a plan but it is unique to execute a plan flawlessly and that is what the residents witnessed on Saturday evening, Sunday and Monday. The Fire and Sheriff's professionals performed magnificently. He thanked Jody Roberto and the Board of the NOVEMBER 18, 2008 PAGE 10 CITY COUNCIL Diamond Bar Community Foundation that postponed its Gala Event and donated the prepaid food to the evacuation center. It was great to help his colleagues serve the evacuees. When streets and homes are safe everyone takes for granted the work of the Sheriff's Department and when there are no fires the Fire Department is taken for granted so we are very pleased and proud to see them perform at such a high level. Having entered City Hall at about 10:00 a.m. on >unday morning and seeing CM/DeStefano, ACM/Doyle, CSD/Rose at D.B.H.S., and others, confirms that those folks are the true professionals that residents can depend on in such times. It is a privilege to have these fine folks on staff at D.B. When things go wrong the City certainly hears about it but for this 72 -hour period things went right and he thanked and applauded staff and passed along the many accolades he heard. It was a great teamwork effort with staff, Sheriff's Department, Fire Department, Walnut Valley Unified School District and D.B.H.S. Principal Dennis Paul. He wished everyone a Happy Thanksgiving and opined that citizens have much for which to be thankful. He wished Jerry and Audrey Hamilton a happy 55th Anniversary next Tuesday. C/Chang spoke about the Steep Canyon Trailhead opening and how proud the City is to be able to present this trailhead to the public. He thanked staff for their dedication in making this happen and the many residents who participated in the event. He said he will enjoy walking the trail with his dog. The event of the past 72 -hours was an unforgettable occurrence. He and his family along with a total of 1000 homes were evacuated on Sunday morning. The Sheriff's Department, Fire Department, Red Cross, D.B.H.S., WVUSD and others worked together to execute an outstanding plan. Without these folks the City would not have remained safe and the properties would not have been saved. It was a disastrous situation with a happy outcome. There were no losses and no crime during the evacuation period. Folks who were told they could return to their homes were very excited. Many thanks to staff and the leadership of CM/DeStefano and ACM/Doyle and the many other staff members who performed so well. Thanks again to his neighbors who were so accommodating and thanks to staff. D.B. was blessed and this is the best Thanksgiving one could have. C/Herrera thanked all of the public safety personnel. D.B. is fortunate to have such dedicated individuals watching out for its residents. Thank God for all who routinely put their lives on the line. Thanks to D.B.'s very dedicated personnel who came out to man stations, impart information, etc. There is a lot for which to be thankful as we enter the Thanksgiving season in that there were no lives lost and no property lost in D.B. The City's Veterans' Day Celebration was thanks to individuals who have fought for our freedoms that sometimes are taken for granted. Those individuals put their lives on the line to make life better for others. There is much for which to be thankful at this time in history. NIPT/Everett said that it was said by many and there are not enough "thank- you's" to express how one feels. His colleagues said it very clearly, broadly and personally and with passion. Deputy Chief Bryant talked about the technicalities NOVEMBER 18, 2008 PAGE 11 CITY COUNCIL and issues and the magnificent strategic planning and structuring. Teamwork came to mind consistently with each of these and the other one was "professionalism" at the highest level. Captain Halm was present representing the Sheriff's Department that was a key part of the fire fight. Several speakers commented on the event this evening. Vinod Kashup spoke very clearly about how he viewed the situation and how this is a great place. Jerry Hamilton said to never forget what happened. He said as an evacuee he concurred. There is no doubt that this City is fortunate to have the team in place today and the camaraderie and spirit that wells up within the community is remarkable. This is truly like a war against fire and our team won the war and the residents and constituents are grateful. Several said it succinctly and he agreed that "D.B. fire and public safety official's rock." He commented that the Veteran's celebration was a magnificent tribute honoring those who have served this Country. MPT/Everett spoke about representing the Council at the celebration for PUSD School Board Member Candelario Mendoza. Dr. Thelma Melendez de Santa Ana, PUSD School Superintendent was honored by the State of California and nominated in the national competition for 2009 Superintendent of the Year by the American Association of School Administrators. He recommended residents obtain a copy of the trails map from City Hall and said he enjoyed the Steep Canyon Trailhead opening. Hundreds of residents were excited to be walking on the pathway. He enjoyed the D.B. 4 -Youth Middle School Dance at the Diamond Bear Center last Friday. It has been a great couple of weeks and an emotional ride for many. Thanks so much to those who served. He thanked Kevin House and Rick Rogers for the interest in serving on the WCCA Advisory Board. He said he was troubled about communication and the perception of lack of communication. Unfortunately, notification is never enough and he hoped that the City would follow up on Item 7.1 and residents' cause for concern. The City does many things to communicate upcoming projects and at some point the residents have to take responsibility for staying informed. D.B. is very transparent and there are no underlying motives when it comes to the conduct of the City Council and staff. Thanks again to all who participate in making D.B. better. NI/Tanaka commented on a wonderful Veterans' Day Celebration, the D.B. 4 - Youth in Action Dance and the Ribbon -Cutting Ceremony at Steep Canyon Trailhead. He announced that in the current Business Week magazine article D.B. was recognized as one of the best places to raise children. M/Tanaka spoke about the firestorm last week and again thanked the LA County Fire Department, LA County Sheriff's Department, the American Red Cross, the Inland Valley Humane Society and Noah's Wish, D.B.H.S., insurance company representatives, Verizon, the Diamond Bar Foundation, Sparklettes, Starbucks, Evangelical Free Church, Acapulco Restaurant, 7-11, BJ's Pizza, CVS, D.B.H.S. janitorial service, Leo's and others for their help. He also thanked the many volunteers as well as Target for their participation. Staff's participation kept the residents and Council well informed. He wished everyone a Happy Thanksgiving. NOVEMBER 18, 2008 PAGE 12 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 9:33 p.m. in honor of the City's public safety officers and the many volunteers who kept D.B. safe and comfortable during the major event of the past 72 -hours. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of JACK TANAKA, MAYOR Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive Diamond Bar, CA 91765 OCTOBER 23, 2008 CALL TO ORDER: Vice Chairman Herndon called the Parks and Recreation Commission meeting to order at 7:02 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Owens led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Ted Owens, Vice Chairman Lew Herndon Absent: Commissioner Benny Liang and Chairman Ruth Low. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Supervisor, and Marisa SomenZi, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR C:/Grundy moved, C/Owens seconded to approve the consent calendar with changes to Item 1.1. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Grundy, Owens, VC/Herndon None Liang, Chair/Low 1.1 Approval of Minutes for the September 25, 2008 Regular Meeting. 1.2 Transmittal of information regarding AB 1234 Ethics Training — Mandatory for all Commissioners — Thursday, November 20 from 4:00 to 6:00 p.m., Chino Hills City Hall, 14000 City Center Drive, Chino Hills. 2. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM REPORT — RS/Murphey 2.2 PARKS REPORT — PMS/Jordan OCTOBER 23, 2008 PAGE 2 P&R COMMISSION C/Grundy said he understood there had been another copper theft at Lorbeer and wondered if the City had initiated preventive measures going forward. PMS/Jordan explained that staff was not able to bury the boxes similar to what was done at Peterson Park because of the piping and hardware that is under the area. However, concrete fasteners have now been installed to prevent removal. C/Grundy asked for an update on the vandalized trash receptacles at Pantera Park and wondered whether reparation was taking place. CSD/Rose and PMS/Jordan said they did not hear any information at this time. The only case CSD/Rose was aware of was the viewing deck at the trailhead in Sycamore Canyon. Kids knocked off the deck railing. City Council announced a $1000 reward leading to conviction of the perpetrators and at Tuesday night's Council meeting it was announced that three individuals were arrested, two of which admitted their involvement. The damage repair could exceed $8,000. CSD/Rose said that staff would check on Pantera. C/Grundy said that if the parents pay the $8,000 for repair it is well worth the reward and CSD/Rose said that the offenders would also be responsible for paying back the reward money. C/Grundy expressed his support. C/Owens asked who Jeff Hull was and CSD/Rose explained that Jeff Hull served as a Parks & Recreation Commissioner for four years in the early 2000's and was President, Regional Commissioner, Area Director and eventually Section Director of AYSO. In fact, Jeff was the head of the largest AYSO section in the country. Unfortunately, he passed away but not before having touched many lives through the Commission, volunteer work and his work at D.B.H.S. CSD/Rose explained that the commemorative bench and plaque on the walkway adjacent to the soccer field at Pantera Park was paid for by AYSO. C/Owens asked if the roof tiles on the picnic shelter at Peterson Park were repaired due to vandalism. PMS/Jordan responded no, that the repair was a result of wear and tear. 2.3 CIP PROGRAM AND SPECIAL PROJECTS REPORT — CSD/Rose a. Emergency Generator Project at Diamond Bar Center — the vendor will begin construction of the generator as early as November. The City has requested a permit from SCAQMD to operate the generator. Once the contractor receives the generator he will commence installation. Staff believes the generator will be installed by January 2009. b. Trail Access at Steep Canyon at Clear Creek Canyon and at the Diamond Bar Center — construction in process. Dedication scheduled for November 15 at the Steep Canyon access. C. Storage Container Pad at Pantera Park —work and hardscape completed — some additional landscape to be installed. Notice of Completion will be done at the November 4 Council meeting. The last step is to move the storage containers onto the pad from the parking lot once the concrete is fully cured (late November). OCTOBER 23, 2008 PAGE 3 P&R COMMISSION 2.4 PARKS MASTER PLAN UPDATE CSD/Rose reported that the consultant team met with 19 representatives of different community organizations and received a tremendous amount of input that helped the consultant develop recommendations for the Master Plan. The next step is for the telephone survey to take place. On Monday night the survey questions will be reviewed and the telephone survey will begin after November 5 with the web survey to follow. The consultant hopes to have a map of the trails for handout at the November 15 trail dedication ceremony and they have completed an inventory of the parks and facilities. C/Owens asked if the RFP asks for estimated maintenance costs for any proposed project facilities and CSD/Rose said he was sure that was part of the request since it is a very important component of consideration for future projects. Maintenance and operation costs and possible funding sources for projects were included in the original Parks Master Plan document. VC/Herndon asked if D.B. might partner with the state for its facilities to go green. CSD/Rose explained that ACM/Doyle is looking into this possibility for the Diamond Bar Center. Also, staff is studying the possibility of "greening" local facilities and is looking at grant funding possibilities for green projects. Coincidentally, the City Council held its first "sustainability" discussion during the October 21 Study Session and the state has passed an Assembly Bill that requires all city operations to consider green technology in contracts, purchases, operations, public works projects, etc. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Grundy asked if the Governor's request for additional funds to shore up the state's economy had any bearing on the City's fiscal plans. CSD/Rose stated that the City Manager initiated a hiring freeze on alll open positions and had department heads review their budgets in anticipation of D.B. being tapped for funds. There is still a possibility that taxes might be raised or monies could be taken from the cities to cure state shortfalls. VC/Herndon asked if staff had noticed a downward trend in program participation due to the economy. RS/Murphey responded that program participation levels remain at their normal levels. VC/Herndon complimented staff and its efficiency and effectiveness. OCTOBER 23, 2008 PAGE 4 P&R COMMISSION ADJOURNMENT: C/Owens moved, C/Grundy seconded, to adjourn the meeting. With no further business before the Parks & Recreation Commission, VC/Herndon adjourned the meeting at 7:50 p.m. Respectfully Submitted, I-V Bob Ro e, Secretary Attest: L- ZZ Vice Chairman Lew Herndon Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING OCTOBER 9, 2008 CALL TO ORDER: Chair Mok called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner House led the Pledge of Allegiance. ROLL CALL: Commissioner Kevin House, Liana Pincher, Michael Shay, Chairman Kenneth Mok Absent: Vice Chairman Jimmy Lin Also Present: David Liu, Public Works Director; Rick Yee, Senior Civil Engineer; Christian Malpica-Perez, Associate Engineer, and Marcy Hilario, Senior Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of the August 14, 2008 regular meeting. C/House moved, Chair/Mok seconded, to approve the August 14, 2008 minutes as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: House, Chair/Mok NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Pincher, Shay ABSENT: COMMISSIONERS: VC/Lin 11. PUBLIC COMMENTS: None Offered. III. ITEMS FROM STAFF: A. Received and Filed Traffic Enforcement Updates for: 1. Citations: July, August & September 2008 2. Collisions: July, August & September 2008 3. Street Sweeping: July, August & September 2008 IV. NEW BUSINESS A. 2008 Citywide Avenue Daily Traffic Report — Presented by AE/Perez and SE/Yee. OCTOBER 9, 2008 PAGE 2 T&T COMMISSION C/House asked if the 1994 and 1998 studies were conducted during the school days and SE/Yee responded yes. The 1994 data was compiled in April and the 1998 data was compiled in February, both during the regular school session. Chair/Mok moved, C/Shay seconded, to receive and file the report. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: House, Pincher, Shay, Chair/Mok None VC/Lin V. STATUS OF PREVIOUS ACTION ITEMS - PWD/Liu stated that at its September 16th meeting the City Council awarded a design services contract for the design of the Pathfinder Road Landscape Median Project. VI. ITEMS FROM COMMISSIONERS — C/House asked about whether anything came out of the NTMP meeting regarding the Forest Canyon Road at Paul C. Grow Park. SE/Yee responded that staff is working with the Community Services Department. They oversee the permit uses for the park. Staff asked CSD/Rose to include a condition on the use permits to require that the users and event organizers communicate to the participants that parking along Forest Canyon and on residential streets is not allowed and that there is adequate parking at the Paul C. Grow Park parking lot off of Quail Summit Drive. C/House asked if staff had received additional complaints from Forest Canyon residents. SE/Yee responded that staff has heard nothing further since the meeting. C/Pincher inquired about the driveway that belongs to Calvary Chapel; traveling northbound on Golden Springs Dr. towards Lavender, prior to Grand Avenue. A couple of Sundays ago, she was heading towards Target and came upon what she thought was an accident but later discovered that deputies were directing church traffic. C/Pincher asked if the City plans to install a signal at that location because of the high volume of traffic. When she passed the deputies and turned into Lavender there was also a tremendous amount of traffic exiting Lavender. She also asked if the church pays for the Sheriffs services. PWD/Liu responded to C/Pincher that Calvary Chapel provides for and pays for traffic control/enforcement in lieu of a traffic signal and in accordance with the City's condition placed on the church during its expansion project several years ago. If there comes a time that a traffic signal is necessary, Calvary Chapel will be responsible for the expense. C/Shay suggested that PWD/Liu contact the Sheriffs Department to find out whether a traffic signal would be preferred. Regardless of the decision, the church should pay. C/Pincher also stated that about three or four years ago she opened the phone book and could not find the City of D.B. listed under "City Government." She called Verizon and reached someone in Florida that seemed unconcerned so she called City Hall. The phone books arrived this past week and D.B. is still not listed under City Government which to her is astounding. D.B. has three lines in the white pages only. She called Verizon this morning to ask if they provided the only land line service in OCTOBER 9, 2008 PAGE 3 T&T COMMISSION D.B. and the response was no, that there were other providers but that Verizon was the primary provider. She is amazed that Verizon has not included D.B., especially when D.B. is in the middle of the service area. Verizon does business in the City but has not included D.B. in its phone book. Staff will look into this matter and follow up. Chair/Mok said that he was pleased to see all of his colleagues at the D.B. Day at the L.A. County Fair. He thanked the City for inviting the Commissioners to participate. Chair/Mok said that the next meeting would be November 13th and a lot of important events would take place in the interim including the election. He hoped everyone would vote in this important election and reminded everyone that October 20th was the last day to register. November 11th is Veterans' Day and he asked everyone to keep the veterans and troops in their thoughts and prayers. VII. INFORMATIONAL ITEMS: A. Brea Canyon Grade Separation Project — SE/Yee stated that the soft opening is scheduled for October 17tH B. Traffic Signal Interconnect Links — Phase I — SE/Yee reported that the project is near completion and the fiber optic lines have been pulled and terminated at the controller locations. C. Verizon's FIOS Project — SE/Yee said the fiber optic service installation to residences is Complete in Area 4 and area residents are now able to purchase Verizon service. Verizon is moving on to areas 5 and 6 at this time. D. Grand Avenue Street Improvements — Phase III — SE/Yee reported that the medians are being trenched for installation of a new irrigation system for the drought tolerant plantings. E_ Traffic Signal Modification Project (FY 2007-2008) — AE/Malpica-Perez that upgrades have been completed at certain intersections within the City. The contractor is working at the intersection of Brea Canyon Road and Pathfinder Road. F. Industry's Grand Avenue Bridge Widening/Interchange Project — PWD/Liu stated that D.B. will not move forward to accept the project until there is detailed analysis and confirmation that the project fits into the "big fix' solution. G. Lemon Avenue On/Off Ramps Project — PWD/Liu reported that the Environmental Documents and Project Report are pending approval from Caltrans. Staff is near completion on a supplemental work regarding potential economic impacts from the project. H. SR57/60 Feasibility Study — PWD/Liu stated that Metro is considering three concepts that would support substantial traffic operation benefits for the interchange_ The City of Industry has indicated that the Grand Avenue design will be consistent with the three concepts. Three alternative concepts are on display at City Hall. The draft feasibility study should be ready for staff's review later this month or early November. OCTOBER 9, 2008 PAGE 4 T&T COMMISSION C/Shay asked if the favored freeway concept could have an impact on the NFL stadium. PWD/Liu explained that the current draft EIR does not address the freeway improvements. There are many issues, not the least of which is traffic impacts to D.B. Staff and the City Council continue to actively monitor the NFL stadium project and offer input to the City of Industry. NFL Football Stadium — PWD/Liu included his report in Item H. Diamond Bar Boulevard and Mountain Laurel Crosswalk — SE/Yee reported that in addition to the right -turn signal and turn pocket, there have been additional improvements made to the intersection to further improve circulation; change to the timing plan during 30 -minute peak morning and afternoon hours during student drop-off and pick-up and relocation of the crossing guard so that students could cross on the south leg of Diamond Bar Boulevard. K. 2008-2009 CDBG Curb Ramp Project — AE/Malpica-Perez reported that this year's program will focus on installation of approximately 30 curb ramps in the neighborhood surrounding Neil Armstrong Elementary school. L. NTMP — Palomino Drive, Forest Canyon Neighborhoods — AE/Malpica-Perez stated that staff received three bids on September 30th for the Palomino Drive neighborhood. Staff anticipates taking the construction management services contract to the City Council on October 21St M. Residential -Area 5/Arterial — Zone 3 Slurry Seal Project — AE/Malpica-Perez indicated that the design is underway. The Zone 2 Slurry Seal was completed on September 26th and striping is currently underway, as the final step in the project. N. Chino Hills Parkway Street Rehab Project — AE/Malpica-Perez reported that staff continues to wait for Caltrans's authorization to move forward with a design contract. O. NTMP — Sunset Crossing/Prospectors — PWD/Liu stated that the design for the traffic calming project was completed. Prior to soliciting for bids, staff plans to invite the affected neighborhood residents to the Commission's November 13th meeting to participate in staff's report on the proposed mitigations. VIII. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. PWD/Liu presented the Commissioners with the latest edition of the Diamond Ride brochure which was mailed to all registered users. OCTOBER 9, 2008 PAGE 5 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mok adjourned the meeting at 8:22 p.m. The foregoing minutes are hereby approved this /-7� day of Ait71/WI-)f- , 2008. Respectfu II David G. Liu, Secretary Attest: Chairman Kenneth Mok Agenda # 6.4 Meeting Date: December 2, 2008 CITY COUNCIL �nA, CoRpowN 1. AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register dat d November 13, 2008 through November 25, 2008 totaling $1,665,110.21. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,665,110.21 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 November 13, 2008 through November 25, 2008 for $1,665,110.21 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: Finan deirector Assistant City Wanager Attachments: Affidavit and Check Register -11/13/08 through 11/25/08. 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 November 13, 2008 through November 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 $830,419.14 Com Org Support Fund 850.00 Prop A - Transit Fund 664,651.05 Int. Waste Mgt Fund 4,618.39 Park & Facility Development Fd 1,931.00 CDBG Fund 6,466.25 LLAD 38 Fund 10,051.00 LLAD 39 Fund 5,465.05 LLAD 41 Fund 3,359.04 Capital Improvement Project Fund 137,299.29 $1,665,110.21 Signed: Linda G. Magnu on Finance Director City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/13/2008 08 -PP 23 PAYROLL TRANSFER P/R TRANSFER-08/PP 23 001 10200 161,541.49 $174,000.36 11/13/2008 82729 PAYROLL TRANSFER P/R TRANSFER -08/13P 23 112 10200 6,374.23 $11,483.67 11/13/2008 PAYROLL TRANSFER P/R TRANSFER-08/PP 23 115 10200 4,618.39 11/13/2008 82730 PAYROLL TRANSFER P/R TRANSFER-08/PP 23 125 10200 1,466.25 $1,594.25 11/13/2008 1 82728 JAGRICULTURAL COM WGHTS & MEASURES ICOYOTE CONTROL SVCS -SEPT 1 0014431 1 45406 1 366.73 $366.73 11/13/2008 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 54.98 11/13/2008 82729 ALLIANT INSURANCE SERVICES INC SPCL EVENT INS-JUL-SEPT 1 001 1 23004 1 11,483.671 $11,483.67 11/13/2008 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 147.87 11/13/2008 82730 JAMERICOMP GROUP INC ILASER PRINT MAINT-OCT-DEC 1 0014070 1 45000 1 1,594.25 $1,594.25 11/13/2008 82731 AMERITECH BUSINESS SYSTEMS INC COPIER MAINT-OCT 08 1 0014090 1 42100 1 753.151 $753.15 11/13/2008 82732 IBENESYST 11/14/08-P/R DEDUCTIONS 1 001 1 21105 1 702.481 $702.48 11/13/2008 1 82733 ICALIFORNIA CONTRACT CITIES ASSOC. ICCCA MTG-COUNCIL 0014010 1 42330 1 325.00 $325.00 11/13/2008 82734 CJ CONCRETE CONSTRUCTION INC RETENTION RELEASE 250 1 20300 1 4,306.25 $4,306.25 11/13/2008 82735 DAY & NITE COPY CENTER IPRINT SVCS -COMM SVCS 1 0015350 1 42110 1 276.04 $276.04 11/13/2008 82736 DELTA DENTAL NOV O8 -DENTAL PREMIUMS 1 001 1 21104 1 2,581.851 $2,581.85 11/13/2008 82737 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 25.98 $264.80 11/13/2008 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 54.98 11/13/2008 82741 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 35.97 $5.25 11/13/2008 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 147.87 11/13/2008 1 82738 IDIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 80.28 $80.28 11/13/2008 82739 DIVERSIFIED PARATRANSIT INC MEMO CREDIT -SEPT 08 1125553 45529 -2,866.77 $42,960.44 11/13/2008 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -SEPT 08 1 1125553 45529 45,827.21 11/13/2008 82740 IFRED DURAN IDB4 YOUTH -DANCE 1 0015350 1 45300 1 500.001 $500.00 11/13/2008 1 82741 EDFUND ISLRY ATTCHMT-PP 11/14/08 1 001 1 21114 1 5.25 $5.25 Page 1 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/13/2008 11/13/2008 82,142 FEDEX FEDEX EXPRESS MAIL -GENERAL EXPRESS MAIL -GENERAL 0014090 0014090 42120 42120 133.61 17.68 $151.29 11/13/2008 1 82743 IGRAFFITI CONTROL SYSTEMS 1GRAFFITI REMOVAL -OCT 08 1 0015230 1 45520 1 51200.00 $5,200.00 11/13/2008 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV OCT 0014020 44020 178.00 11/13/2008 1 82744 IHALL & FOREMAN, INC. PROF.SVCS-ENGINEERING 0014090 1 44000 1 2,475.001 $2,475.00 11/13/2008 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS OCT 0014020 44020 4,272.00 11/13/2008 1 82745 JISAAC H AZIZ JEMPLOYEE COMP LOAN PROG 001 13135 2,475.671 $2,475.67 11/13/2008 82746 JENKINS & HOGIN, LLP GEN LEGAL SVCS -OCT 08 0014020 44020 6,194.40 $11,842.19 11/13/2008 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV OCT 0014020 44020 178.00 11/13/2008 82750 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS OCT 0014020 44020 71.20 $27,463.80 11/13/2008 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS OCT 0014020 44020 4,272.00 11/13/2008 82751 JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES OCT 0014020 44021 1,126.59 $485.27 11/13/2008 82747 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 241.15 $443.58 11/13/2008 KENS HARDWARE SUPPLIES -DBC 0015333 41200 46.86 11/13/2008 82750 KENS HARDWARE SUPPLIES -RECREATION 0015350 41200 155.57 $27,463.80 11/13/2008 82748 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-JULY O8 0015558 45503 1,962.76 $7,931.04 11/13/2008 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-AUG 08 0015558 45503 1,982.76 11/13/2008 82750 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-SEPT 08 0015558 45503 1,982.76 $27,463.80 11/13/2008 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-OCT 08 0015558 45503 1,982.76 11/13/2008 f 82749 IMIKE AND CHRISTINE KUPKE REFUND -FPL 2006-231 1 001 1 23010 1 135.171 $135.17 1 111 3/2 008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 373.09 11/13/2008 82750 JEMAD NABIH CONSTRCTN-SUMMITRIDGE 2505310 1 R46415 27,463.801 $27,463.80 11/13/2008 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 538.01 11/13/2008 82751 INEXTEL COMMUNICATIONS CELL CHRGS-P/W,C/S,C/D 0014090 1 42130 485.271 $485.27 11/13/2008 82752 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 25.23 $1,072.27 1 111 3/2 008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 373.09 11 il 3/200 8 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 135.94 11/13/2008 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 538.01 11/13/2008 1 82753 IPERS RETIREMENT FUND SURVIVOR BENEFIT 1 001 1 21109 1 46.501 $24,511.35 Page 2 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/13/2008 11/13/2008 82753... PERS RETIREMENT FUND PERS RETIREMENT FUND RETIRE CONTRIB-EE RETIRE CONTRIB-ER 00121109 001 21109 9,657.37 14,807.48 $24,511.35 ... 11/13/2008 1 82754 ISECTRAN SECURITY INC. ICOURIER SVCS-NOV 08 1 0014090 1 44000 1 314.28 $314.28 11/13/2008 82755 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 115.71 $11,521.88 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 55.53 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 35.60 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 441.27 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 336.79 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 187.49 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 168.07 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 5,111.96 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 3,460.61 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 168.19 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 89.86 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 60.20 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 17.03 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 138.83 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 49.56 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 118.20 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 57.74 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 64.39 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 92.63 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 49.64 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 45.21 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 243.13 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 42.31 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 201.91 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 33.32 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 44.41 11/13/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 77.01 11/13/2008 ISOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 15.28 11/13/2008 82756 ISTATE DISBURSEMENT UNIT SLRY ATTCHMT-#0000932977 001 1 21114 1 266.001 $266.00 Page 3 Check Date I Check N City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check 11/13/2008 1 82757 ISTATE DISBURSEMENT UNIT ISLRY ATTCHMT-BY0426064 1 001 1 21114 1 100.001 $100.00 11/13/2008 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-304 001 23010 266.75 $402.69 11/13/2008 82758 TANDEM PRIVATE SECURITY SECURITY-DB4 YOUTH DANCE 0015350 1 45300 1 144.001 $144.00 11/13/2008 WEST COAST ARBORISTS INC TREE WATERING SVCS -OCT 0015558 45510 1,005.00 11113/2008 1 82759 ITHE FINDLEY REPORTS PROF.SVCS-CAFR DATA 0014050 1 44000 1 50.001 $50.00 11/13/2008 82760 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-312 001 23010 283.00 $826.50 11/13/2008 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-304 001 23010 266.75 $402.69 11/13/2008 82766 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-299 001 23010 276.75 $75.78 11/13/2008 1 82761 IVANTAGEPOINT TRNSFR AGNTS-303248 11/14/08-P/R DEDUCTIONS 1 001 1 21108 1 27,337.841 $27,337.84 11/13/2008 82762 VERIZON CALIFORNIA 1H.SVCS-GENERAL IVERIZON H.SVCS-PETERSON PK 0015340 42125 87.94 $117.75 11/13/2008 CALIFORNIA 0014090 42125 29.81 $402.69 11/13/2008 82763 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -SEPT 08 0015350 42140 480.00 $960.00 11/1312 00 8 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -OCT 08 0015350 1 42140 1 480.00 $402.69 11/13/2008 82764 WEST COAST ARBORISTS INC TREE MAINT SVCS -SEPT 08 0015558 45509 3,601.80 $6,300.30 11/1312008 WEST COAST ARBORISTS INC TREE WATERING SVCS -SEPT 0015558 45510 670.00 $402.69 11/13/2008 82766 WEST COAST ARBORISTS INC TREE MAINT SVCS -OCT 08 0015558 45509 1,023.50 $75.78 11/13/2008 WEST COAST ARBORISTS INC TREE WATERING SVCS -OCT 0015558 45510 1,005.00 11/13/2008 82765 IPAUL WRIGHT A/V SVCS-CNCL MTG 11/4 0014090 1 44000 1 122.501 $122.50 11/20/2008 ADVANTEC CONSULTING ENGINEERS INC TRFFC MNGMNT-AUG OCT 2505510 R46412 1,333.33 $402.69 11/13/2008 82766 IXAVIERS FLORIST IFLORAL ARRNGMNT-D HALM 0014090 1 41400 1 75.78 $75.78 11/13/2008 82767 DIAMOND BAR COMMUNITY FOUNDATION IGALA SPONSORSHIP 0114010 1 42355 850.001 $850.00 11/20/2008 82768 ADVANTEC CONSULTING ENGINEERS INC TRFFC MNGMNT-AUG-OCT 2505510 R46412 1,333.34 $4,000.00 11/20/2008 ADVANTEC CONSULTING ENGINEERS INC TRFFC MNGMNT-AUG OCT 2505510 R46412 1,333.33 $402.69 11/20/2008 82770 ADVANTEC CONSULTING ENGINEERS INC TRFFC MNGMNT-AUG-OCT 2505510 R46412 1,333.33 11/20/2008 82769 JAGI ACADEMY CORP CONTRACT CLASS -FALL 1 0015350 1 45320 1 594.00 $594.00 $402.69 11/20/2008 82770 AMERICOMP GROUP INC PRINT EQ-I.T. 0014070 45000 402.69 Page 4 Check Date /Check Nu City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Vendor Name Transaction Description I Fund/ Dept I Acct 4 Amount I Total Check Amount 11/20/2008 82771 APPLEONE EMPLOYMENT SERVICES 1APPLEONE TEMP SVCS -WK 10/25 0014030 1 44000 1,012.00 $1,426.00 11/20/2008 EMPLOYMENT SERVICES TEMP SVCS -WK 11/1 0014030 1 44000 414.00 11/20/2008 82772 MARY LOU BACA RECREATION REFUND 001 34720 1 61.00 $61.00 11/20/2008 82773 CRYSTAL BERNAL RECREATION REFUND 001 34780 65.00 $130.00 11/20/2008 CRYSTAL BERNAL RECREATION REFUND 001 1 34780 65.00 11/20/2008 1 82774 IBRAVO SIGN AND DESIGN PLAQUE -STEEP CYN TRIAL 2505310 1 46415 1,396.44 $1,396.44 11/20/2008 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 200.37 11/20/2008 1 82775 IGLORIA BURT IRECREATION REFUND 001 34720 1 106.001 $106.00 11/20/2008 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 42.80 11/20/2008 82776 BUSINESS TELECOMMUNICATION SYS INC. PHONE SVCS -DBC MSG 0014070 42125 125.00 $125.00 11/20/2008 ICATALINA BALLAST BULB COMPANY SUPPLIES -PARKS 0015340 42210 567.53 11/20/2008 82777 CANDLELIGHT PAVILION DINNER THEATER RECOG DINNER-V/PATROL 0014415 42325 2,861.00 $2,861.00 11/20/2008 82778 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 83.72 $1,224.26 11/20/2008 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 200.37 11/20/2008 82781 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 200.37 $167.59 11/20/2008 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 42.80 11/20/2008 82782 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 129.47 $300,000.00 11/20/2008 ICATALINA BALLAST BULB COMPANY SUPPLIES -PARKS 0015340 42210 567.53 11/20/2008 82779 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 942.66 $1,282.79 11/20/2008 CDW GOVERNMENT INC. SUPPLIES -17. 0014070 41200 80.22 11/20/2008 82781 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 169.27 $167.59 11/20/2008 CDW GOVERNMENT INC. SUPPLIES -13. 0014070 41200 90.64 11/20/2008 1 82780 ICENTER ICE SKATING ARENA ICONTRACT CLASS -FALL 1 0015350 45320 189.001 $189.00 11/20/2008 82781 ICHEMSEARCH SUPPLIES -DBC 1 0015333 41200 167.591 $167.59 11/20/2008 82782 ICITY OF COMMERCE ISALE OF PROP A FUNDS 1124090 47230 300,000.001 $300,000.00 11/20/2008 82783 ICOUNTY OF L A PUBLIC LIBRARY FACILITY REFUND -DBC 001 23002 350.001 $350.00 Page 5 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 82784 VICTORIA CROSS REiM6-CALPERS CGNF 0014060 42330 57.371$57.37 11/20/2008 1 82785 lb & J MUNICIPAL SERVICES INC JBLDG & SFTY SVCS -OCT 08 1 0015220 1 45201 1 27,289.041 $27,289.04 11/20/2008 82786 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 1 42110 1 378.88 $449.24 11/20/2008 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 70.36 11/20/2008 82787 CAROL DENNIS PROF. SVCS -T & T MTG 0015510 1 44000 150.00 $300.00 11/20/2008 CAROL DENNIS 1PROF.SVCS-CNCL MTG 0014030 44000 150.00 11/20/2008 1 82788 IDEPT OF TRANSPORTATION TRFFC SIGNAL MAINT-SEPT 1 0015554 45507 808.761 $808.76 11/20/2008 DIVERSIFIED PARATRANSIT INC MEMO CREDIT -OCT 1125553 1 45529 1 -2,866.77 11/20/2008 1 82789 JDH MAINTENANCE ADDL MAINT-DBC OCT 08 1 0015333 45300 125.001 $125.00 11/20/2008 82790 DIAMOND BAR INTERNATIONAL DELI FTG SUPPLIES -COMM SVCS 1 0015350 41200 100.001 $100.00 11/20/2008 82791 DIAMOND BAR/WALNUT YMCA CDBG-DAY CAMP 1 1255215 42355 5,000.00 $5,000.00 11/20/2008 82792 DIEHL EVANS AND COMPANY LLP PROF.SVCS-AUDITING 1 0014050 44010 6,000.001 $6,000.00 11/20/2008 1 82793 IDIRECT DOCUMENT SYSTEMS SUPPLIES -08 TAX FORMS 1 0014050 41200 49.471 $49.47 11/20/2008 82794 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -OCT 08 1125553 1 45529 1 50,304.65 $47,437.88 11/20/2008 DIVERSIFIED PARATRANSIT INC MEMO CREDIT -OCT 1125553 1 45529 1 -2,866.77 11/20/2008 82795 DMS CONSULTANTS CIVIL ENGINEERS INC IST IMPRVMNT-GRAND AVE 2505510 1 R46411 1 19,765.001 $19,765.00 1/20/2008 1ADDL MAINT-DIST 39 1395539 42210 412.36 11/20/2008 82796 DOG DEALERS INC CONTRACT CLASS -FALL 0015350 1 45320 1 561.00 $561.00 11/20/2008 82797 IDR P MISTRY FACILITY REFUND -DBC 001 1 36615 1 400.001 $400.00 11/20/2008 82798 JEDUCATION TO GO CONTRACT CLASS -FALL 0015350 45320 165.001 $165.00 11/20/2008 82799 IROBERT ENGLER IRECREATION REFUND 001 34720 106.001 $106.00 L1 11/20/2008 82800 EXCEL LANDSCAPE 1EXCELLANDSCAPE ADDL MAINT-DIST 38 1385538 42210 644.10 $1,056.46 1/20/2008 1ADDL MAINT-DIST 39 1395539 42210 412.36 Page 6 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 82801 EXPRESS MAIL CORPORA T E ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 16.00 $64.00 11/20/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-325 001 23010 16.00 11/20/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-325 001 23010 16.00 11/20/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-305 001 23010 16.00 11/20/2008 1 82802 IFEDEX 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 64.19 $64.19 11/20/2008 82803 DESIREE FLEMING FACILITY REFUND -DBC 001 23002 100.00 $643.32 11/20/2008 82805 DESIREE FLEMING FACILITY REFUND -DBC 001 36615 460.00 $2,060.72 11/20/2008 DESIREE FLEMING FACILITY REFUND -DBC 001 23004 83.32 11/20/2008 82804 JESPERANZA FLORES ICONTRACT CLASS -FALL 1 0015350 1 45320 1 900.00 $900.00 11/20/2008 82805 IFOOD FROM THE HEARTH CATERING SUPPLIES -VETERANS RECOG 1 0015350 1 45300 1 2,060.72 $2,060.72 11/20/2008 82806 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW NOV 0014070 R44000 4,200.00 $8,700.00 11/20/2008 GO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW OCT 0014070 R4400D 4,500.00 11/20/2008 82807 JGOVPARTNER IREQUEST PARTNER-NOV 0014070 1 44030 850.001 $850.00 11/20/2008 82808 GRAND MOBIL VEH MAINT-POOL VEH 0014090 42200 51.70 $2,829.37 11/20/2008 GRAND MOBIL VEH MAINT-POOL VEH 0014090 42200 51.70 11/20/2008 GRAND MOBIL VEH MAINT-NGHBRHD IMP 0015230 42200 51.70 11/20/2008 GRAND MOBIL VEH MAINT-COMM SVCS 0015310 42200 514.84 11/20/2008 GRAND MOBIL VEH MAINT-NGHBRHD IMP 0015230 42200 590.27 11/20/2008 GRAND MOBIL VEH MAINT-ROAD MAINT 0015554 42200 423.46 11/20/2008 GRAND MOBIL VEH MAINT-ROAD MAINT 0015554 42200 1,145.70 11/20/2008 82809 ISHANNON GRIFFITHS CONTRACT CLASS-FALL1 0015350 1 45320 1 84.001 $84.00 11/20/2008 82810 GROUP DELTA CONSULTANTS INC PROF.SVCS-INSPECTION 2505510 R46416 7,220.00 $18,500.00 11/20/2008 GROUP DELTA CONSULTANTS INC PRORSVCS-INSPECTION 2505310 R46415 6,665.00 11/20/2008 GROUP DELTA CONSULTANTS INC PROF. SVCS -INSPECTION 2505310 R46415 4,615.00 11/20/2008 82811 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION2505510 46416 425.00 $3,972.00 11/20/2008 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 2505310 46415 425.00 Page 7 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 82811... HALL & FOREMAN, INC. PROF.SVCS-EN 01-321 001 23012 1,367.00 $3,972.00 ... 11/20/2008 82814 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 23012 341.75 $122.00 11/20/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 34650 -341.75 11/20/2008 82815 HALL & FOREMAN, INC. PROF.SVCS-EN 01-321 001 23012 1,125.00 $45.00 11/20/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 23012 281.25 11/20/2008 82816 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 34650 -281.25 $200.00 11/20/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 05-500 001 23012 630.00 11/20/2008 82822 HALL & FOREMAN, INC. ADMIN FEE -EN 05-500 001 23012 157.50 $46.59 11/20/2008 IHALL & FOREMAN, INC. JADMIN FEE -EN 05-500 001 34650 -157.50 11/20/2008 82812 HARDY & HARPER INC CONSTRCTN-GRAND AVE 2505510 I R46411 1 67,692.00 $60,922.80 11/20/2008 HARDY & HARPER INC RETENTION PAYABLE 1 250 1 20300 1 -6,769.201 1 11/20/2008 1 82813 LINDA HEDEKIN RECREATION REFUND 001 134720 1 106.00 $106.00 1 1120/2 00 8 INLAND EMPIRE STAGES TRANS -ORANGE 1125350 1 45310 912.00 11/20/2008 1 82814 DONA HINDS RECREATION REFUND 1 001 1 34720 1 122.001 $122.00 11/20/2008 1 82815 KEVIN HOUSE T & T COMM -1019 1 0015510 1 44100 1 45.00 $45.00 11120/2008 1 82816 JAMES HUANG IFACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 11/20/2008 82817 INLAND EMPIRE STAGES EXCURSION -ORANGE 0015350 45310 756.00 $1,668.00 1 1120/2 00 8 INLAND EMPIRE STAGES TRANS -ORANGE 1125350 1 45310 912.00 11/20/2008 1 82818 IJACK F TANAKA REIMB-CCCA CONF 10014010 1 42330 1 263.84 $263.84 11/20/2008 82819 IJOE A. GONSALVES & SON INC. ILEGISLATIVE SVCS-NOV 08 1 0014030 1 44000 1 3,000.00 $3,000.00 11/20/2008 82620 IJUDICIAL DATA SYSTEM CORP IPARKING CITE ADMIN -OCT 08 0014411 1 45405 1 1,175.721 $1,175.72 11/20/2008 82821 ISUNGKYOUNG KANG RECREATION REFUND 1 001 1 34780 1 65.00 $65.00 11/20/2008 1 82822 IKENS HARDWARE SUPPLIES -ROAD MAINT 1 0015554 1 41300 1 46.591 $46.59 11/20/2008 1 82823 IKIDZ LOVE SOCCER ICONTRACT CLASS -FALL 1 0015350 1 45320 1 3,187.201 $3,187.20 11/20/2008 1 82824 IROSE KIM FACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 Page 8 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 11/20/2008 1 62825 ISUNG KIM IRECREATION REFUND 001 34780 80.00 $80.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG OCT 08 0015210 44250 128.20 11/20/2008 1 82826 ILAE ASSOCIATES INC PROF.SVCS-ENGINEERING OCT J 0015551 1 45221 1 2,930.00 $2,930.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-152 001 23010 47.50 11/20/2008 1 82827 TINA LAMANTAIN IRECREATION REFUND 001 1 34780 1 75.001 $75.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-166 001 23010 95.00 11/20/2008 1 82828 JRAEJIN LEE RECREATION REFUND 001 1 34780 1 80.00 $80.00 11/20/2008 1 82829 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 42113 19.49 $29.50 11/20/2008 1 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGE 0014090 42113 1 10.01 11/20/2008 1 82830 LIANA PINCHER T & T COMM -10/9 1 0015510 1 44100 1 45.00 $45.00 11/20/2008 82833 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-318 001 23010 285.00 $16,088.20 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG OCT 08 0015210 44250 1,567.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG OCT 08 0015210 44250 128.20 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG OCT 08 0015210 44250 4,583.75 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-152 001 23010 47.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-309 001 23010 47.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-166 001 23010 95.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-333 001 23010 1,330.00 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-330 001 23010 47.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-147 001 23010 1,258.75 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-305 001 23010 1,757.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-335 001 23010 475.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 1,615.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 522.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-327 001 23010 285.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-274 001 23010 95.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-331 001 23010 237.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-145 001 23010 285.00 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-259 001 23010 142.50 11/20/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-325 001 23010 1,282.50 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-318 001 23010 51.30 11/20/2008 ILILLEY PLANNING GROUP INC JADMIN FEE -FPL 2008-318 001 34430 -51.30 Page 9 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 82833... LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 23010 25.65 $16,088.20 ... 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 34430 -25.65 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-325 001 23010 230.85 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-325 001 34430 -230.85 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-331 001 23010 42.75 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-331 001 34430 -42.75 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 23010 51.30 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 34430 -51.30 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-327 001 23010 51.30 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-327 001 34430 -51.30 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 23010 17.10 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 34430 -17.10 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 290.70 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -290.70 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 94.05 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -94.05 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-305 001 23010 316.35 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-305 001 34430 -316.35 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-335 001 23010 85.50 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-335 001 34430 -85.50 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-330 001 23010 8.55 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-330 001 34430 -8.55 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 23010 226.58 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 34430 -226.58 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-166 001 23010 17.10 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-166 001 34430 -17.10 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 23010 239.40 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 34430 -239.40 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-152 001 23010 8.55 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-152 001 34430 -8.55 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-309 001 23010 8.55 11/20/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-309 001 1 34430 -8.55 11/20/2008 1 82834 JANNE MARIE LOARCA IFACILITY REFUND-PANTERA 1001 1 23002 1 100.001 $100.00 Page 10 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 11/20/2008 82835 LOS ANGELES COUNTY PUBLIC WORKS LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-SEPT 08 TRFFC SIGNAL MAINT-SEPT 0015340 0015554 42210 45507 396.66 292.94 $689.60 11/20/2008 1 82836 ILOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -SEPT 08 1 0014411 1 45401 1 391,063.551 $391,063.55 11/20/2008 METROLINK PASSES RETURNED -SEPT 08 1125553 45535 -4,710.50 11/20/2008 1 82837 DEBORAH MALONE IRECREATION REFUND 1 001 1 34720 1 732.001 32.00 11/20/2008 METROLINK CITY SUBSIDY -AUG 08 1125553 45533 18,174.03 11/20/2008 1 82838 IMICHELLE MARQUEZ FACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 11/20/2008 METROLINK CITY SUBSIDY -SEPT 08 1125553 45533 18,838.08 11/20/2008 1 82839 MATLOCK ASSOCIATES INC PROF.SVCS-P/MASTER PLAN 1 1245310 1 R44300 1 1,931.001 $1,931.00 11/20/2008 METROLINK CITY SUBSIDY-NOV 08 1125553 45533 19,323.50 11/20/2008 82840 1 KAREN MAY ICONTRACT CLASS -FALL 0015350 45320 118.80 $118.80 11/20/2008 82841 METROLINK PASSES RETURNED -AUG 08 1125553 45535 -8,282.75 $266,966.50 11/20/2008 METROLINK PASSES RETURNED -SEPT 08 1125553 45535 -4,710.50 11/20/2008 82843 METROLINK PASSES RETURNED-NOV 08 1125553 45535 -9,892.75 $45.00 11/20/2008 METROLINK CITY SUBSIDY -AUG 08 1125553 45533 18,174.03 11/20/2008 82844 METROLINK METROLINK PASSES -AUG 08 1125553 45535 78,443.47 $802.44 11/20/2008 METROLINK CITY SUBSIDY -SEPT 08 1125553 45533 18,838.08 11/20/2008 82845 METROLINK METROLINK PASSES -SEPT 08 1125553 45535 77,779.42 $1,800.00 11/20/2008 METROLINK CITY SUBSIDY-NOV 08 1125553 45533 19,323.50 11/20/2008 1 IMETROLINK IMETROLINK PASSES-NOV 08 11125553 145535 77,294.00 $122.00 11/20/2008 1 82842 IMINUTEMAN PRESS R & D BLUEPRINT IPRINT SVCS-P/WORKS 1 0015510 1 42110 1 526.051 $526.05 11/20/2008 1 82843 IKENNETH MOK IT & T COMM -10/9 0015510 1 44100 1 45.00 $45.00 11/20/2008 1 82844 IMUNICIPAL CODE CORPORATION IMUNI CODE SUPPLEMENT 0014030 1 44000 1 802.441 $802.44 11/20/2008 1 82845 IMUNICIPAL SOFTWARE CORPORATION IDEV SVCS SOFTWARE-I.T. 0014070 1 R46235 1 1,800.00 $1,800.00 11/20/2008 1 82846 IPATRICK NGUYEN IRECREATION FUND I 001 1 34720 1 122.00 $122.00 11/20/2008 1 82847 IRICHARD NODAL IRECREATION REFUND I 001 1 34780 1 65.00 $65.00 11/20/2008 1 82848 INORRIS REPKE INC ISTREET REHAB-LYCOMING 1 2505510 1 R46411 1 95.001 $95.00 Page 11 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 82849 OFFICEMAX INC SUPPLIES-P/WORKS 0014050 41200 1 166.20 $166.20 11/20/2008 1 82850 IPASTOR GIL IRECREATION REFUND 1001 1 34720 1 122.00 $122.00 11/20/2008 REPUBLIC ELECTRIC ADDL TRFFC REPAIRS -SEPT 0015554 1 45507 1 3,360.40 11/20/2008 1 82851 ISHILLA PATEL FACILITY REFUND -DBC 1 001 1 36615 1 400.00 $400.00 11/20/2008 SMART & FINAL SUPPLIES -DBC 0015333 41200 34.43 11/20/2008 1 82852 1PROTECTION ONE INC JALARM SVCS -DBC NOV 1 0015333 1 42210 1 52.50 $52.50 11/20/2008 82853 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-SEPT 0015554 45507 3,915.00 $7,275.40 11/20/2008 REPUBLIC ELECTRIC ADDL TRFFC REPAIRS -SEPT 0015554 1 45507 1 3,360.40 11/20/2008 82854 NANCY RIVAS FACILITY REFUND -DBC 001 23002 500.00 $466.00 11/20/2008 NANCY RIVAS FACILITY REFUND -DBC 001 36615 -34.00 11/20/2008 1 82855 IS C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 185.11 $185.11 11/20/2008 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 116.60 11/20/2008 1 82856 ISAN GABRIEL VALLEY ECONOMIC PARTNER JSGVEP MTG-COUNCIL 1 0014010 1 42325 1 70.00 $70.00 11/20/2008 SMART & FINAL SUPPLIES -DBC 0015333 41200 34.43 11/20/2008 1 82857 IJULIA SANTIAGO IFACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 11/20/2008 SMART & FINAL SUPPLIES-F/FUN FESTIVAL 0015350 41200 99.97 11/20/2008 1 82858 IMICHAEL SHAY IT & T COMM -10/9 1 0015510 1 44100 1 45.001 $45.00 11/20/2008 1 82859 ISHRED IT LOS ANGELES PROF.SVCS-CITY CLERK 1 0014030 1 44000 1 128.70 $128.70 11/20/2008 82860 SMART & FINAL SUPPLIES -COMM SVCS 0015350 41200 118.57 $563.59 11/20/2008 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 116.60 11/20/2008 SMART & FINAL SUPPLIES -COMM SVCS 0015350 41200 40.37 11/20/2008 SMART & FINAL SUPPLIES -DBC 0015333 41200 34.43 11/20/2008 SMART & FINAL SUPPLIES-F/FUN FESTIVAL 0015350 41200 153.65 11/20/2008 SMART & FINAL SUPPLIES-F/FUN FESTIVAL 0015350 41200 99.97 11/20/2008 1 82861 IRITA SMITH IRECREATION REFUND 1001 1 34780 1 130.001 $130.00 11/20/2008 1 82862 IHAMA SONG IRECREATION REFUND 1001 134780 1 76.001 $76.00 11/20/2008 82863 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 13855311 42126 18.08 $9,885.22 11/20/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 1 42126 1 18.08 Page 12 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 82863... SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 4,875.33 $9,885.22 ... 11/20/2008 82865 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 1,216.44 $4,872.70 11/20/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 32.64 11/20/2008 82866 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 43.53 $1,411.20 11120/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 58.39 11/20/2008 82871 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 43.27 $875.00 11/20/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 99.11 11/20/2008 82872 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 54.39 $160.00 11/2012008 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 15.80 11/20/2008 82873 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 4.39 $500.00 11/20/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 462.22 11/20/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 229.59 11/20/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1,992.83 11/20/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 672.38 11/20/2008 1 ISOUTHERN CALIFORNIA EDISON JELECT SVCS -DIST 38 1 1385538 42126 48.75 11/20/2008 1 82864 ITELEPACIFIC COMMUNICATIONS IT1 INTERNET SVCS-NOV 1 0014070 1 44030 1 525.381 $525.38 1 1 /2 012 0 08 THE GAS COMPANY GAS SVCS -DBC 0015333 1 42126 1 84.71 11/20/2008 1 82865 ITENNIS ANYONE ICONTRACT CLASS -FALL 1 0015350 1 45320 1 4,872.70 $4,872.70 11/20/2008 1 82866 ITHE COMDYN GROUP INC IPROF.SVCS-WK 11/7 1 0014070 1 44000 1 1,411.20 $1,411.20 11/20/2008 82867 THE GAS COMPANY GAS SVCS -HERITAGE PK 0015340 42126 75.93 $160.64 1 1 /2 012 0 08 THE GAS COMPANY GAS SVCS -DBC 0015333 1 42126 1 84.71 11/20/2008 1 82868 ITISHA THOMSIC IRECREATION REFUND 1 001 1 34780 1 65.001 $65.00 11/20/2008 1 82869 TIME WARNER JINTERNET SVCS-NOV/DEC 1 0014070 1 44030 1 352.601 $352.60 11/20/2008 1 82870 ITIME WARNER IMODEM SVCS -COUNCIL 0014010 1 42130 1 44.951 $44.95 11/20/2008 1 82871 ITRAFFIC DATA SYSTEMS SERVICES PROF.SVCS-SPEED/VOLUME 0015551 1 45222 1 875.001 $875.00 11/20/2008 1 82872 TRI -CITIES POOL SERVICE & REPAIR IMONTHLY MAINT-FOUNTAIN 0015333 1 45300 1 160.00 $160.00 11/20/2008 1 82873 TRI -COUNTIES ASSOCIATION OF REALTOR IFACILITY REFUND -DBC 001 1 23002 1 500.001 $500.00 Page 13 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 11120/2008 82874 BENJAMIN TSAI BENJAMIN TSAI FACILITY" REFUND -DBC FACILITY REFUND -DBC 001 001 23002 23004 100.60 -83.32 $16.68 11/20/2008 1 82875 UCN INC LONG DIST SVCS -OCT 08 1 0014090 1 42125 1 52.96 $52.96 11/20/2008 1 82876 JURBAN FUTURES INC ECONOMIC DEV SVCS -OCT 08 1 0014096 1 44000 1 3,262.50 $3,262.50 11/20/2008 82878 US BANK MTG SUPPLIES -COUNCIL 0014030 42325 74.92 $9,538.41 11/20/2008 US BANK AD -PHOTO CONTEST P/INFO 0014095 42115 380.00 11/20/2008 US BANK 3CMA CONF-ARELLANO/HIDALG 0014095 42330 1,034.20 11/20/2008 US BANK COMP EQ-P/INFO 0014095 42112 265.27 11/20/2008 US BANK 3CMA CONF-TRANS P/INFO 0014095 42330 60.00 11/20/2008 US BANK PARK MAINT-COMM SVCS 0015340 42210 82.27 11/20/2008 US BANK COMP EQ-I.T. 0014070 46230 61.00 11/20/2008 US BANK MTG SUPPLIES-I.T. 0014070 42325 39.67 11/20/2008 US BANK MEMBERSHIP DUES-I.T. 0014070 42315 99.00 11/20/2008 US BANK PUBLICATIONS-I.T. 0014070 42320 279.00 11/20/2008 US BANK MISAC CONF-K DESFORGES 0014070 42330 21.58 11/20/2008 US BANK MTGS-P/WORKS 0015510 42325 235.00 11/20/2008 US BANK SUPPLIES -WINTER S/FEST 0015350 41200 438.61 11120/2008 US BANK SUPPLIES -SEVER ROOM 0014070 41200 651.96 11120/2008 US BANK SUPPLIES -GENERAL 0014090 42325 74.92 11120/2008 US BANK SUPPLIES-H/HOUSE 0015350 41200 1,552.61 11/20/2008 US BANK MTGS-H/R 0014060 42325 96.51 11120/2008 US BANK LABOR LAW CONF-H/R 0014060 42330 220.82 11120/2008 US BANK PUBLICATION-P/WKS 0015510 42320 127.47 11/20/2008 US BANK MTGS-P/WORKS 0015510 42325 68.62 11/20/2008 US BANK SUPPLIES -COMM SVCS 0015350 41200 21.97 11/20/2008 US BANK CPRS CONF-D SEILER 0015350 42330 535.00 11/20/2008 US BANK SUPPLIES -COMM SVCS 0015350 41200 414.26 11/20/2008 US BANK SUPPLIES -RECREATION 0015350 41200 103.00 11/20/2008 US BANK SUPPLIES -DBC 0015333 41200 110.34 11/2012008 US BANK CCCA CONF-COUNCIL 0014010 42330 211.68 11120/2008 US BANK MOBILITY 21 MTG-CMGR 0014030 42325 125.00 11120/2008 US BANK ILEAGUE CONF-CMGR 0014030 1 42330 535.00 Page 14 City of Diamond Bar - Check Register 11/13/08 thru 11/25/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/20/2008 82878... US BANK MTG SUPPLIES-CMGR 0014030 42325 41.22 $9,538.41 ... 11/20/2008 US BANK MTG-CMGR 0014030 42330 5.00 11/20/2008 US BANK SUPPLIES -TINY TOTS 0015350 41200 229.60 11/20/2008 US BANK CCCA CONF-COUNCIL 0014010 42330 447.05 1 11/20/2008 US BANK CCCA CONF-COUNCIL 0014010 42330 873.40 11/2012008 US BANK MTGS-COM DEV 0015210 42325 22.46 11/20/2008 82879 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 40.78 $1,542.37 11/2012008 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 24.72 11/20/2008 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 665.68 11/20/2008 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 223.94 11/20/2008 VERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 151.49 1 11/20/2008 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 33.54 11/20/2008 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 67.92 11/20/2008 VERIZON CALIFORNIA PH.SVCS-HERITAGE 0015340 42125 87.94 11/20/2008 VERIZON CALIFORNIA PH.SVCS-PANTERA 0015340 42125 158.42 11/20/2008 VERIZON CALIFORNIA PH,SVCS-SYC CYN PK 0015340 42125 1 87.94 11/20/2008 1 82880 ICARMELA VO IRECREATION REFUND 1 001 1 34780 1 80.00 $80.00 11/20/2008 82881 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 8,863.20 $29,730.61 11/20/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 4,715.90 11120/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 3,172.89 11/20/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 12,793.19 11120/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 185.431 1 11/20/2008 1 82882 IGRACE WU IRECREATION REFUND 1 001 1 34780 1 80.00 $80.00 11/20/2008 82883 YOSEMITE WATER EQ RENTAL-SYC CYN PK 0015310 42130 12.00 $51.10 11/20/2008 YOSEMITE WATER WATER SUPPLIES-SYC CYN PK 0015350 41200 39.10 11/20/2008 82884 IYOUNG REMBRANDTS CORP CONTRACT CLASS -FALL 0015350 45320 1 486.001 $486.00 11/20/2008 82885 1HELEN ZHOU RECREATION REFUND 001 34720 1 122.00 $122.00 $1,665,110.21 Page 15 CITY COUNCIL Agenda # 6.5 Meeting Date: Dec 2, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: Treasurer's Statement of October 2 8 nd Revised Treasurer's Statements of June, July, August and September 2008 RECOMMENDATION: Approve the Treasurer's Statement of October 2008 and the revised Treasurer's Statements of June, July, August and September 2008 FINANCIAL IMPACT: No Fiscal Impact �{t13�Ii� Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. The October statement shows the October cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. Also included is a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Investment Policy. Since the City's audit firm, Diehl, Evans and Associates, L.L.P., has completed the audit for FY 07-08 and the year end numbers have been finalized, revised treasurer's statements for the months of June, July, August and September are also presented to the City Council for approval. There was no change to the overall cash balances, just changes between the fund amounts. PREPARED BY: Linda G. Magnuson, Finance Director 44� DA DepartAnt Head Assistant City Manager Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT October 31, 2008 . .... ................................................................................... .. BEGINNING. TRANSFERS _ ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $31,390,899.36 1,002,807.47 $1,718,633.90 ($812,497.79) $29,862,575.14 LIBRARY SERVICES FUND 0.00 41,604.46 CHANGE FUND 0.00 COMMUNITY ORG SUPPORT FD 3,835.32 1,000.00 1,100.00 TOTAL DEMAND DEPOSITS 2,735.32 GAS TAX FUND 331,816.35 363.60 LOCAL AGENCY INVESTMENT FD 332,179.95 TRANSIT TX (PROP A) FD 1,024,316.22 156,464.84 55,609.20 (50,770.00) 1,074,401.86 TRANSIT TX (PROP C) FD 1,725,184.32 66,273.63 (6,049.00) 1,785,408.95 ISTEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 248,589.52 104,342.94 13,613.22 339,319.24 TRAFFIC IMPROVEMENT FUND 370,769.62 2,437.70 (24,950.00) 348,257.32 AB2928-TR CONGESTION RELIEF FD 0.00 147,406.50 (35,562.50) 111,844.00 AIR QUALITY IMPRVMNT FD 93,853.79 937.96 94,791.75 TRAILS & BIKEWAYS FD 9,755.52 (9,755.52) 0.00 Prop 1B Bond Fund 938,838.76 6,172.60 (11,905.00) 933,106.36 PARK FEES FD 410,916.22 2,701.66 413,617.88 PROP A - SAFE PARKS ACT FUND (17,792.00) (17,792.00) PARK & FACILITIES DEVEL. FD 877,201.17 5,943.33 (140,525.81) 742,618.69 COM DEV BLOCK GRANT FD (13,907.77) 12,889.87 (26,797.64) CITIZENS OPT -PUBLIC SAFETY FD 75,301.45 498.36 75,799.81 NARCOTICS ASSET SEIZURE FD 357,126.29 2,348.00 359,474.29 CA LAW ENFORCEMENT EQUIP PRGI 80,106.30 526.68 80,632.98 LANDSCAPE DIST #38 FD (1,483.08) 217.32 26,113.60 (27,379.36) LANDSCAPE DIST #39 FD (23,901.45) 51.15 18,132.65 (41,982.95) LANDSCAPE DIST #41 FD 62,282.93 520.18 8,509.36 54,293.75 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (958,409.75) 680,564.43 1,092,015.62 (546,958.56) SELF INSURANCE FUND 1,105,203.44 7,762.30 1,112,965.74 EQUIPMENT REPLACEMENT FUND 222,381.36 1,462.09 223,843.45 COMPUTER REPLACEMENT FUND 355,480.67 2,345.60 357,826.27 PUBLIC FINANCING AUTHORITY FUNI 137,650.03 72,114.87 43,248.04 166,516.86 TOTALS $38,806,014.59 $1,583,698.78 $2,578,414.27 $0.00 $37,811,299.10 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($452,777.96) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($409,923.50) INVESTMENTS: US TREASURY Money Market Acct. $665,296.78 LOCAL AGENCY INVESTMENT FD 29,389,408.96 FED HOME LOAN BANK NOTES 8,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 166,516.86 TOTAL INVESTMENTS $38,221,222.60 TOTAL CASH $37,811,299.10 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's esti 7r:.4 res. Ja eStefano, easurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of October 2008 Institution Type of Investment Rating Purchase Date Maturity Date Term Amount At Cost Current Par/ Original Par Fair Market Value * Rate State of California Local Agency Iry Fund AAA 29,389,408.96 29,364,066.36 2.709% Wells Fargo Bank US Treasury Money Market AAA $665,296.78 665,296.78 0.151% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 166,516.86 166,516.86 0.490% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 05/12/08 05/12/10 2.0 Yrs 1,000,000 1,000,000 997,320.00 3.350% Wells Fargo Inst Securities FHLB- Federal Home Loan Nr AAA 08/27/08 08/27/10 2.0 Yrs 1,000,000 1,000,000 997,190.00 3.400% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 05/15/08 11/15/10 2.5 Yrs 1,000,000 1,000,000 1,000,360.00 3.500% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 01/21/08 02/21/11 3.0 Yrs 1,000,000 1,000,000 997,520.00 3.600% Wells Fargo Inst Securities FFCB - Farm Credit Note AAA 03/18/08 03/18/11 3.0 Yrs 1,000,000 1,000,000 998,130.00 3.600% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 04115/08 04/15/11 3.0 Yrs 1,000,000 1,000,000 990,640.00 3.500% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 06/03/08 06/03/11 3.0 Yrs 1,000,000 1,000,000 1,000,990.00 4.000% Wells Fargo Inst Securities FHLB - Federal Home Loan N< AAA 10/14/08 10/14/11 3.0 Yrs 1,000,000 1,000,000 1,004,380.00 4,000% Totals for month $ 38,221,222.60 $ 38,182,410.00 Less Investments matured during the month 0.00 Total Investments: $ 38,221,222.60 2007-08 Actual Interest Income $1,702,255.90 2008-09 Budgeted Interest Income $1,015,700.00 Actual Year -To -Date Interest Income $287,364.28 Percent of Interest Received to Budget 28.292% Allocation of Book Value of Investment by Type (By Percent) Federal Agency Securities 20.93% LAIF Fund 76.89% U.S Treasury C20 Money Market 2.18% Total Investment - $38,221 223 Source of Fair Market Value: Wells Fargo Institutional Securities, LLC TYPE OF INVESTMENTS: Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Federal Agency Security Federal Agency Securities are issued by direct U.S Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. The City Investment Policy places a 40% limit on this type of investment. Note: The fair market value is the value of a security if it was sold on the date of this report. Since interest rates fluctuate from day to day the fair market value may rise or fall accordingly. It is the intention of the City to hold all securities (with the exception of LAIF) to maturity or until called by the issuer. At that time, the security is redeemed at face value regardless of the current interest rate. CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT June 30, 2008 (Revised) SUMMARY OF CASH: BEGINNING . ... DEMAND DEPOSITS: . TRANSFERS ENDING 1. BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS GENERAL FUND $34,808,762.24 816,080.06 $1,020,236.03 ($159,343.98) $34,445,262.29 LIBRARY SERVICES FUND 0.00 FED HOME LOAN BANK NOTES 8,000,000.00 CASH WITH FISCAL AGENT: 0.00 COMMUNITY ORG SUPPORT FD (3,514.68) 0.00 $43,187,767.68 7,500.00 3,985.32 GAS TAX FUND 148,020.17 993.75 (331,166.23) (182,152.31) TRANSIT TX(PR.OPA) FD 1,010,223.64 179,820.12 69,885.70 (39,229.81) 1,080,928.25 TRANSIT TX (PROP C) FD 1,827,953.93 83,472.43 (384,779.89) 1,526,646.47 ISTEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 257,659.12 25,958.22 23,532.54 (39,108.22) 220,976.58 TRAFFIC IMPROVEMENT FUND 388,304.75 2,725.87 (20,261.00) 370,769.62 AB2928-TR CONGESTION RELIEF FD 339,483.92 2,024.88 (341,508.80) 0.00 AIR QUALITY IMPRVMNT FD 72,930.40 18,725.96 3,495.61 88,160.75 TRAILS & BIKEWAYS FD (26,825.00) 36,580.52 9,755.52 Prop 1B Bond Fu rid 914,164.22 6,504.18 18,170.36 938,838.76 PARK FEES FD 408,026.41 2,889.81 410,916.22 PROP A - SAFE PARKS ACT FUND 0.00 0.00 PARK & FACILITIES DEVEL. FD 1,076,448.38 7,449.23 (174,576.46) 909,321.15 COM DEV BLOCK GRANT FD 32,294.03 93,801.66 (61,507.63) CITIZENS OPT -PUBLIC SAFETY FD 134,770.21 884.49 (59,358.25) 76,296.45 NARCOTICS ASSET SEIZURE FD 354,621.61 2,504.68 357,126.29 CA LAW ENFORCEMENT EQUIP PRGI 79,542.99 563.31 80,106.30 LANDSCAPE DIST #38 FD 83,371.04 469.73 13,386.73 70,454.04 LANDSCAPE DIST #39 FD 71,415.11 434.55 7,662.74 64,186.92 LANDSCAPE DIST #41 FD 118,609.04 772.95 5,100.03 114,281.96 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (846,698.91) 23,735.00 151,558.43 1,181,062.28 206,539.94 SELF INSURANCE FUND 1,339,116.10 9,483.34 150,000.00 1,498,599.44 EQUIPMENT REPLACEMENT FUND 202,795.20 1,436.16 18,150.00 222,381.36 COMPUTER REPLACEMENT FUND 202,997.18 1,414.12 17,793.96 174,450.00 361,067.34 PUBLIC FINANCING AUTHORITY FUNI 293,633.79 39,671.25 23,772.40 309,532.64 TOTALS $43,288104.89 $1,264,594.61 $1,430,225.83 $0.00 $43,122,473.67 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($107,367.82) PAYROLL ACCOUNT 40,823.81 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($65,294.01) INVESTMENTS: US TREASURY Money Market Acct. $892,584.26 LOCAL AGENCY INVESTMENT FD 33,985,650.78 FED HOME LOAN BANK NOTES 8,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 309,532.64 TOTAL INVESTMENTS $43,187,767.68 TOTAL CASH $43,122,473.67 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The ab ve summa provides sufficient cash flow liquidity to meet the next six month's estimate p, u s. James DeStefano, T easurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT July 31, 2008 (revised) BEGINNING .... TRANSFERS.. ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $34,445,262.29 1,069,018.85 $2,330,436.73 $33,183,844.41 LIBRARY SERVICES FUND 0.00 PAYROLL ACCOUNT 41,604.46 0.00 COMMUNITY ORG SUPPORT FD 3,985.32 PETTY CASH ACCOUNT 3,985.32 GAS TAX FUND (182,152.31) ($1,394,149.79) INVESTMENTS: (182,152.31) TRANSIT TX (PROP A) FD 1,080,928.25 149,747.37 202,233.51 1,028,442.11 TRANSIT TX (PROP C) FD 1,526,646.47 55,504.11 US TREASURY Money Market Account 1,582,150.58 ISTEA Fund 0.00 $42,004,079.63 0.00 INTEGRATED WASTE MGT FD 220,976.58 44,343.00 27,582.84 237,736.74 TRAFFIC IMPROVEMENT FUND 370,769.62 370,769.62 AB2928-TR CONGESTION RELIEF FD 0.00 0.00 AIR QUALITY IMPRVMNT FD 88,160.75 13,097.72 75,063.03 TRAILS & BIKEWAYS FD 9,755.52 9,755.52 Prop 1 B Bond Fund 938,838.76 938,838.76 PARK FEES FD 410,916.22 410,916.22 PROP A - SAFE PARKS ACT FUND 0.00 0.00 PARK & FACILITIES DEVEL. FD 909,321.15 909,321.15 COM DEV BLOCK GRANT FD (61,507.63) 0.00 57,219.75 (118,727.38) CITIZENS OPT -PUBLIC SAFETY FD 76,296.45 76,296.45 NARCOTICS ASSET SEIZURE FD 357,126.29 357,126.29 CA LAW ENFORCEMENT EQUIP PRGI 80,106.30 80,106.30 LANDSCAPE DIST #38 FD 70,454.04 3,725.98 30,713.77 43,466.25 LANDSCAPE DIST #39 FD 64,186.92 1,629.86 55,870.87 9,945.91 LANDSCAPE DIST #41 FD 114,281.96 1,114.21 36,590.92 78,805.25 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD 206,539.94 470,622.47 (264,082.53) SELF INSURANCE FUND 1,498,599.44 364,950.00 1,133,649.44 EQUIPMENT REPLACEMENT FUND 222,381.36 222,381.36 COMPUTER REPLACEMENT FUND 361,067.34 5,062.72 356,004.62 PUBLIC FINANCING AUTHORITY FUN[ 309,532.64 38,718.97 281,964.88 66,286.73 TOTALS $43,122,473.67 $1,363,802.35 $3,876,346.18 $0.00 $40,609,929.84 SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACCOUNT ($1,437,004.25) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($1,394,149.79) INVESTMENTS: US TREASURY Money Market Acct. $1,272,364.42 LOCAL AGENCY INVESTMENT FD 32,665,428.48 FED HOME LOAN BANK NOTES 8,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 66,286.73 TOTAL INVESTMENTS $42,004,079.63 TOTAL CASH $40,609,929.84 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's esti d itures. James DeStefan , Treasurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT August 31, 2008 (revised) BEGINNING . TRANSFERS _ ENDING BALANCE RECEIPTS.. ..DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $33,183,844.41 1,052,608.95 $1,665,081.50 $32,571,371.86 LIBRARY SERVICES FUND 0.00 PAYROLL ACCOUNT 41,109.94 0.00 COMMUNITY ORG SUPPORT FD 3,985.32 150.00 3,835.32 GAS TAX FUND (182,152.31) ($272,871.72) INVESTMENTS: (182,152.31) TRANSIT TX (PR,OP A) FD 1,028,442.11 176,095.66 253,482.29 951,055.48 TRANSIT TX (PROP C) FD 1,582,150.58 74,012.64 US TREASURY Money Market Account 1,656,163.22 ISTEA Fund 0.00 $40,277,552.43 0.00 INTEGRATED WASTE MGT FD 237,736.74 18,107.00 8,136.09 247,707.65 TRAFFIC IMPROVEMENT FUND 370,769.62 370,769.52 AB2928-TR CONGESTION RELIEF FD 0.00 0.00 AIR QUALITY IMPRVMNT FD 75,063.03 18,790.76 93,853.79 TRAILS & BIKEWAYS FD 9,755.52 0.00 9,755.52 Prop 1 B Bond Fund 938,838.76 938,838.76 PARK FEES FD 410,916.22 410,916.22 PROP A - SAFE PARKS ACT FUND 0.00 17,792.00 (17,792.00) PARK & FACILITIES DEVEL. FD 909,321.15 909,321.15 COM DEV BLOCK GRANT FD (118,727.38) 116,501.00 6,466.12 (8,692.50) CITIZENS OPT -PUBLIC SAFETY FD 76,296.45 995.00 75,301.45 NARCOTICS ASSET SEIZURE FD 357,126.29 357,126.29 CA LAW ENFORCEMENT EQUIP PRGI 80,106.30 80,106.30 LANDSCAPE DIST #38 FD 43,466.25 2,321.53 24,575.96 21,211.82 LANDSCAPE DIST #39 FD 9,945.91 1,152.00 17,848.98 (6,751.07) LANDSCAPE DIST #41 FD 78,805.25 778.46 9,314.66 70,269.05 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (264,082.53) 60,908.92 (324,991.45) SELF INSURANCE FUND 1,133,649.44 27,314.00 1,106,335.44 EQUIPMENT REPLACEMENT FUND 222,381.36 222,381.36 COMPUTER REPLACEMENT FUND 356,004.62 356,004.62 PUBLIC FINANCING AUTHORITY FUNI 66,286.73 45,546.55 19,098.16 92,735.12 TOTALS $40,609,929.84 $1,505,914.55 $2,111,163.68 $0.00 $40,004,680.71 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT (S315,231.66) PAYROLL ACCOUNT 41,109.94 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($272,871.72) INVESTMENTS: US TREASURY Money Market Acct. $619,388.83 LOCAL AGENCY INVESTMENT FD 30,565,428.48 FED HOME LOAN BANK NOTES 9,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 92,735.12 TOTAL INVESTMENTS $40,277,552.43 TOTAL CASH $40,004,680.71 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's eMatednditures. James DeStefano, Treasurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT September 30, 2008 (revised) BEGINNING TRANSFERS ENDING BALANCE RECEIPTS.. DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $32,571,371.86 606,045.67 $1,786,518.17 $31,390,899.36 LIBRARY SERVICES FUND 0.00 PAYROLL ACCOUNT 41,604.46 0.00 COMMUNITY ORG SUPPORT FD 3,835.32 PETTY CASH ACCOUNT 3,835.32 GAS TAX FUND (182,152.31) 513,968.66 INVESTMENTS: 331,816.35 TRANSIT TX(PROPA) FD 951,055.48 174,549.76 101,289.02 1,024,316.22 TRANSIT TX (PROP C) FD 1,656,163.22 69,021.10 US TREASURY Money Market Account 1,725,184.32 ISTEA Fund 0.00 $39,324,241.60 0.00 INTEGRATED WASTE MGT FD 247,707.65 19,929.57 19,047.70 248,589.52 TRAFFIC IMPROVEMENT FUND 370,769.62 370,769.52 AB2928-TR CONGESTION RELIEF FD 0.00 0.00 AIR QUALITY IMPRVMNT FD 93,853.79 93,853.79 TRAILS & BIKEWAYS FD 9,755.52 9,755.52 Prop 1B Bond Fu rid 938,838.76 938,838.76 PARK FEES FD 410,916.22 410,916.22 PROP A - SAFE PARKS ACT FUND (17,792.00) (17,792.00) PARK & FACILITIES DEVEL. FD 909,321.15 32,119.98 877,201.17 COM DEV BLOCK GRANT FD (8,692.50) 5,215.27 (13,907.77) CITIZENS OPT -PUBLIC SAFETY FD 75,301.45 75,301.45 NARCOTICS ASSET SEIZURE FD 357,126.29 357,126.29 CA LAW ENFORCEMENT EQUIP PRGI 80,106.30 80,106.30 LANDSCAPE DIST #38 FD 21,211.82 22,694.90 (1,483.08) LANDSCAPE DIST #39 FD (6,751.07) 17,150.38 (23,901.45) LANDSCAPE DIST #41 FD 70,269.05 7,986.12 62,282.93 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (324,991.45) 633,418.30 (958,409.75) SELF INSURANCE FUND 1,106,335.44 1,132.00 1,105,203.44 EQUIPMENT REPLACEMENT FUND 222,381.36 222,381.36 COMPUTER REPLACEMENT FUND 356,004.62 523.95 355,480.67 PUBLIC FINANCING AUTHORITY FUNI 92,735.12 65,601.11 20,686.20 137,650.03 TOTALS $40,004,680.71 $1,449,115.87 $2,647,781.99 $0.00 $38,806,014.59 SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACCOUNT ($561,081.47) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($518,227.01) INVESTMENTS: US TREASURY Money Market Acct. $921,163.09 LOCAL AGENCY INVESTMENT FD 31,265,428.48 FED HOME LOAN BANK NOTES 7,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 137,650.03 TOTAL INVESTMENTS $39,324,241.60 TOTAL CASH $38,806,014.59 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The ab0p summa provides sufficient cash flow liquidity to meet the next six month's estimate e u S. James DeStefano, Treasurer CITY COUNCIL Agenda # 6.6 Meeting Date: December 2, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: AUTHORIZE THE CITY MANA TERTO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH LILLEY PLANNING GROUP, INC. (LPG), TO INCREASE THE CONTRACT AMOUNT BY $125,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $200,000 TO PROVIDE CONTINUED ON-SITE PLANNING SERVICES. RECOMMENDATION: Approve. FINANCIAL IMPACT: It is estimated that 60% of the contract amount ($75,000) will be recovered from developer deposit funded projects, such as new custom homes, residential and commercial additions, conditional use permits and subdivision applications. The remaining 40% ($50,000) will be paid using salary and benefit savings from the vacant Associate Planner and Planning Manager positions. There is no additional appropriation required since there are sufficient funds available in the FY 2008-09 budget for this contract. BACKGROUND/DISCUSSION Since June 2008, following the retirement of the Associate Planner, the Planning Division has retained the services of a contract Senior Planner through a professional services agreement with LPG. The original intent of agreement was for the contract Senior Planner to assume the developer - funded portion of the Associate Planner's caseload until that vacated position was filled through the normal recruitment process (the Associate Planner recruitment was subsequently frozen until the State budget stalemate was resolved). From June through September, 90% of the contract Senior Planner's hours were billed to developer deposit funded projects. Following the Community Development Director's resignation at the end of September, and the appointment of the Planning Manager to the position of Acting Community Development Director, it became necessary for the contract Senior Planner to work a full 9/80 schedule at City Hall, and to also assume some of the supervisory duties of the vacant Planning Manager's position. During the month of October, approximately 40% of the contract Senior Planner's hours were paid from salary and benefit savings resulting from the aforementioned vacancies. It is anticipated that the contract Senior Planner will be needed for approximately six additional months to allow time for a permanent appointment to the Community Development Director position to be made, and for subsequent decisions to be made regarding the other vacancies within the Planning Division. Prepared By Greg Gubman, AICP Acting Community Development Director Attachment Reviewed By Dave Doyle, Assistant City Manager Amendment No. 1 to the City's Professional Services Agreement 2 AMENDMENT NO. 1 TO THE CITY'S PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the City's Professional Services Agreement is made and entered into this day of , 2008, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Lilley Planning Group, Inc., (hereinafter referred to as "Consultant".) A. Recitals: (li) The City has heretofore entered into an agreement, dated May 20, 2008, with Consultant to provide consulting services such as but not limited to project management for development projects, perform special planning projects and assist in day to day tasks of managing the Planning Division (hereinafter referred to as the "Agreement".) (ii) Consultant has submitted a proposal as set forth in Exhibit "A" attached hereto to provide additional services at a cost not to exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00), as described within Exhibit "A". (iii) It is in the City's best interest to extend the Agreement rather than request bids for the services in order to ensure consistency and continuity of the services already being provided by Consultant. NOW THEREFORE, it is agreed by and between City and Consultant: Section 1: Section 3(c) of the Agreement is hereby amended to read as follows: "(c) City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Consulting Services Agreement as shown in Exhibit "A" attached hereto, but in no event to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000.00) which fees include all labor, materials, printing and other costs incurred in connection with the project." Section 2: Each party to this Amendment No. 1 acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: Consultant: City of Diamond Bar Lilley Planning Group Mayor Approved As To Form: Attest: City Attorney 4 City Clerk , 7 PLANNING GROUP Schedule of Fees Consulting Services The Lilley Planning Group will perform consulting services at the following hourly rates: Principal $130.00 Senior Project Manager $110.00 Senior Planner $95.00 Associate Planner $85.00 Assistant Planner Administrative Management Administrative Support CITY COUNCIL Agenda # 6.7 Meeting Date: December 2, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council 1 VIA: James DeStefano, City Mana r TITLE: EXONERATE SURETY BOND NC . 6341975 POSTED BY TARGET CORPORATION d/b/a TARGET STORES FOR PARCEL 1 OF PARCEL MAP 14819 (TARGET STORE LOCATION) TO COMPLETE STREET, DRAINAGE, EROSION CONTROL, LANDSCAPE AND IRRIGATION, SEWER, NON -DISTRICT WATER AND GRADING IMPROVEMENTS. RECOMMENDATION: Approve. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with the subdivider, Target Corporation d/b/a Target Stores, to complete various improvements for Parcel 1 of Parcel Map 14819. The subdivider guaranteed faithful performance of said agreement by posting with the City a surety bond for grading, erosion control, drainage improvements, street improvements, sewer improvements, non -district water, landscape and irrigation. On June 5, 2007 Council approved the reduction of the bond from $2,026,618.83 to $506,654.71 (Surety Bond No. 6341975). The remaining amount was held to complete all final improvements on site and to monitor the landscaping. Staff has confirmed that all improvements have been completed and are acceptable to the City. DISCUSSION: Upon receiving written request from Target Corporation d/b/a Target Stores on November 24, 2008, the Planning and Building & Safety Divisions as well as Public Works Department have verified that completion of all conditions for the project have been met. As -built plans are on file with the City. Final grading certifications are also on file with the City. The remaining outstanding condition of approval for the project was the construction of two manholes along the storm drain under Golden Springs Drive. These manholes have been constructed and the City is awaiting the final transfer of the line to the Los Angeles County Flood Control District for maintenance. The storm drain improvements of Parcel 1 of Parcel Map 14819 (Target) as well as Tract 62482 (Brookfield Homes) tie into PD 1747. A separate bond remains in place specific for PD 1747 while the City awaits approval by the County for the manhole transfer. The following surety bond is recommended for exoneration: Surety Bond No. 6341975 in the amount of $506,654.71 PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: November 24, 2008 REVIEWED BY: David G. Iflu, irector of Public Works LETTER OF REQUEST, November 24, 2008 TARGET Jeffrey Seba Target Corp. 50S 101h St Suite 400, TP3-0720 Minneapolis, MN 55403 24 November 2008 Kimberly Molina P.E. Associate Engineer City of Diamond Bar Dcar Kimberly, I am following up on the bond release for the T-2179 Diamond Bar Target store. The bond #6341975 in the amount of $506,654.71 for street improvements remains from the original bond amount of $2,026,618,83. The work has been completed per the bond including landscaping work as requested by the City. We are requesting the release of the surety bond detailed above. Please send a release letter and the original bond to Carla LaVere at the following address: • 1000 Nicollet Mall, TPN -1300 - Minneapolis, MN 55403 Please let me know if you have any questions or require additional information to process this request. Thank you, ecy Sr. Project Lead 612.761.1317 50 S 10th Street Suite 400, Minneapolis. MN 55403 CITY COUNCIL Agenda # 6. 8 Meeting Date: December 2, 2008 AGENDA REPORT TO: Honorable Mayor and Members f t e City Council VIA: James DeStefano, City Mana er TITLE: APPROVE THE MEMORANDUM OF UNDERSTANDING WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO SECURE $2,294,000 IN GRANT FUNDS FOR THE STATE ROUTE 60/LEMON AVENUE PARTIAL INTERCHANGE PROJECT. RECOMMENDATION: Approve. FINANCIAL IMPACT: No financial impact. DISCUSSION: In October 2007, as part of the 2007 Call for Projects, the City of Diamond Bar received notice that the Metropolitan Transportation Authority (Metro) approved our grant fund request for the State Route 60/1-emon Avenue Partial Interchange Project in the amount of $2,294,000. Metro is funding this amount through Proposition C local sales tax dollars. In accordance with Metro's Timely Use of Funds Policy, the City of Diamond Bar is required to execute a Memorandum of Understanding (MOU) with Metro before December 31, 2008 to secure this funding for the subject project. The attached MOU establishes funding and reimbursement guidelines in addition to a baseline project implementation schedule. Currently, the project is in the Project Assessment/Environmental Document (PA/ED) phase which is expected to reach completion by the end of the year. This phase identifies a select number of alternatives and evaluates the environmental impact of each of these alternatives. Staff has concurrently initiated an economic impact study to assess the potential economic impacts of the various configurations being proposed for the new interchange. This study is nearing completion and will need to be considered along with the potential impacts of Industry's proposed NFL Stadium before staff will be able to present any recommended project options to the Council. PREPARED BY: Rick Yee, Senior Civil Engineer REVII D BY: Da'Gd G, iu, Director of Public Works Attachment: Memorandum of Understanding Date Prepared: November 24, 2008 TIP#: LAOD399 PPNO: 2975 CALL FOR PROJECTS PROPOSITION C MEMORANDUM OF UNDERSTANDING CFP# F1121 MOU.P000F 1121 This Memorandum of Understanding ("MOU') is dated for reference purposes only December 1, 2008, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Diamond Bar ("Grantee") for State Route 60/1-emon Ave Partial Interchange (On & Off -Ramps) Construction - LACMTA Call for Projects ID# F1121 and TIP# LAOD399 (the "Project"). WHEREAS, as part of the 2007 Call for Projects, the LACMTA Board of Directors, at its meeting on September 27, 2007, authorized a grant to Grantee, subject to the terms and conditions contained in this MOU. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this MOU consist of the following and each is incorporated by reference herein as if fully set forth herein: 11 . Part I - Specific Terms of the MOU 2. Part II - General Terms of the MOU -3. Attachment A - Project Funding it. Attachment B - Financial Plan >. Attachment C - Scope of Work 6. Attachment D - Reporting and Expenditure Guidelines 7. Attachment D1 - Quarterly Progress/Expenditure Report 8. Attachment E - Transportation Improvement Program (TIP) Sheet 9. Attachment F - Special Grant Conditions 10. Any other attachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the MOU and any attachments and the Specific Terms of the MOU shall prevail over the General Terms of the MOU. Rev: 08.06.08 1 MOU Local Agreement Prop C TIP#: LAOD399 PPNO: 2975 CFP# F1121 MOU.P000F1121 IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Roger Snoble Chief Executive Officer APPROVED AS TO FORM: Raymond G. Fortner, Jr. County Counsel By: Deputy GRANTEE: CITY OF DIAMOND BAR By: Jack Tanaka Mayor APPROVED AS TO FORM: City Attorney Rev: 08.06.08 Date: Date: Date: MOU Local Agreement Prop C TIP#: LAOD399 CFP# F1121 PPNO: 2975 MOU.P000F1121 PART I SPECIFIC TERMS OF THE MOU 1. Title of the Project (the "Project"): State Route 60/Lemon Avenue Partial Interchange (On & Off -Ramps) Construction. LACMTA Call for Projects IN F1121, TIP # LAOD399. 2. To the extent the Funds are available, LACMTA shall make to Grantee a one-time grant of the Proposition C 25% funds in the amount of $2,294,000 (the "Funds'l for the Project. LACMTA Board of Directors' action of September 27, 2007, granted the Funds to Grantee for the Project. The Funds are programmed over two years, Fiscal Years (FY) 2008-09 and 2009- 10. LACMTA Board of Directors' action approved Funds for FY 2008-09 only in the amount of $1,130,000. LACMTA Board of Directors' action will be required annually to approve Funds for each subsequent Fiscal Year prior to those Funds being allocated to Grantee. 3. This one time grant shall be paid on a reimbursement basis. Grantee must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report. Grantee Funding Commitment must be spent in the appropriate proportion to the Funds with each quarter's expenditures. LACMTA will withhold five percent (5%) of eligible expenditures per invoice as retainage pending an audit of expenditures and completion of scope of work. 4 The "Project Funding" documents all sources of funds programmed for the Project as approved by LACMTA and is attached as Attachment A. The Project Funding includes the total programmed budget for the Project, including the Funds programmed by LACMTA and the Grantee Funding Commitment (local match). The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. 5. The "Financial Plan" documents the proposed cash flow for the Project and is attached to this MOU as Attachment B. The Financial Plan is the entire financial plan for the Project, and shows the total sources of funds programmed to the Project, including Grantee Funding Commitment as well as the fiscal year and quarter the funds will be expended. The Financial Plan should not show the expenditure of any Funds beyond the lapse date of the last year of funding. If Attachment B is inconsistent with the lapsing date, the lapsing date shall prevail and the Funds shall lapse on the lapse date regardless of what is set forth in Attachment B. 6. Grantee shall complete the Project as described in the "Scope of Work." The Scope of Work for the Project is attached to this MOU as Attachment C. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by Grantee including, without limitation, Project milestones consistent with the lapsing policy, and a set schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a Grantee is consistently behind schedule in meeting milestones or in delivering the Project, then LACMTA will have the option to terminate this MOU for default as described in Part II, Section 9. Any changes in the Scope of Work must be made by amendment. Rev: 08.06.08 3 MOU Local Agreement Prop C TIP#: LAOD399 CFP# F1121 PPNO: 2,975 MOU.P000F1121 7. The "FTIP PROJECT REPORT (PDF)" is attached as Attachment E and is required to ensure that the Project is programmed correctly in the most up-to-date TIP document. The FTIP PROJECT REPORT (PDF) can be found in ProgamMetro (The Los Angeles Transportation Improvement Program (TIP) database) under the reports section at http://program.metro.net. All projects that receive funding through the LACMTA Call For Projects must be programmed into the TIP as the TIP includes locally funded regionally significant projects for information and air quality modeling purposes. Grantee shall review the Project in ProgramMetro each year and update or correct projects as necessary during a scheduled TIP amendment or adoption. Grantee will be notified of amendments and adoptions to the TIP via e-mail. Changes to the TIP through ProgramMetro should be made as soon as possible after Grantee is aware of any changes to the Project, but no later than October 1 of the year the change or update is made. Should Grantee fail to meet this date, it may affect Grantee's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed. 8. No changes to the (i) grant amount, (ii) Project Funding, (iii) the Scope of Work, or (iv) the lapse date of the Funds shall be allowed without a written amendment to this MOU, approved and signed by the LACMTA Chief Executive Officer or his/her designee and Grantee. Modifications that do not materially affect the terms of this MOU, such as redistributing Funds among existing budget line items or non -material schedule changes must be formally requested by Grantee and approved by LACMTA in writing. Non -material changes are those changes, which do not affect the grant amount, Project Funding, Financial Plan, the Scope of Work, including schedule, or the lapse date of the Funds. 9. LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Benkin Jong, iongb@Metro.net, Mail Stop 99-22-8 Phone: (213) 922-3053 11. Grantee's Address: City of Diamond Bar Department of Public Works 21825 East Copley Drive Diamond Bar, CA 91765 Attention: David G. Liu, david.liu@ci.diamond-bar.ca.us Phone: (909) 839-7040 11. MAINTENANCE OF EFFORT -- MOE On September 26, 2002, the LACMTA Board of Directors required that prior to receiving Proposition C 10% or 25% grant funds through the Call for Projects, Grantee must meet a Maintenance of Effort (MOE) requirement consistent with the State of California's MOE as determined by the State Controller's office. With regard to enforcing the MOE, LACMTA will follow the State of California's MOE requirement, including, without limitation, suspension and re -implementation. Rev: 08.06.08 4 MOU Local Agreement Prop C TIP#: LAOD399 PPNO: 2975 PART II GENERAL TERMS OF THE MOU TERM: CFP# F1121 MOU.P000F1121 1.1 The term of this MOU shall commence on the date this MOU is fully executed and, shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to Grantee. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the MOU is executed shall be reimbursed in accordance with the terms and conditions of this MOU unless otherwise agreed to by the parties in writing. 1.2 Should LACMTA determine there are insufficient Funds available for the Project, LACMTA may terminate this MOU by giving written notice to Grantee at least thirty (30) days in advance of the effective date of such termination. If this MOU is terminated pursuant to this section, LACMTA will not reimburse Grantee any costs incurred after the termination date, except those necessary to return any facilities modified by the Project's construction to a safe state. LACMTA's share of these costs will be consistent with the established funding percentages outlined in the MOU. 2. INVOICE BY GRANTEE: Unless otherwise stated in this MOU, the Quarterly Progress/Expenditure Report, with supporting documentation of expenses and Project progress as described in Part II, Sections 5.1 of this MOU, and other documents as required, shall satisfy LACMTA invoicing requirements. Send invoice with supporting documentation to: Los .Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Project ID# F1121 and MOU# MOU.P000F1121; LACMTA PROJECT MANAGER BENKIN JONG; MAIL STOP 99-22-8 3. USE OF FUNDS: 3.1 Grantee shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the most recently adopted LACMTA Proposition C Guidelines for the type of Proposition C funds granted by LACMTA hereunder (the "Guidelines"). 3.2 Attachment C shall constitute the agreed upon Scope of Work between LACMTA and Grantee for the Project. The Funds, as granted under this MOU, can Rev: 08.06.08 5 MOU Local Agreement Prop C TIP#: LAOD399 CFP# F1121 PPNO: 2975 MOU.P000F1121 only be used towards the completion of the Scope of Work originally adopted by the LACMTA Board of Directors and detailed in Attachment C. 3.3 Grantee shall not use the Funds to substitute for any other funds or projects not specified in this MOU. Further, Grantee shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the MOU approved and signed by the LACMTA Chief Executive Officer or his designee. 3.4 Grantee must use the Funds in the most cost-effective manner. If Grantee intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with Grantee's contracting procedures and consistent with State law. Grantee will also use the Funds in the most cost-effective manner when the Funds are used to pay "in-house" staff time. Grantee staff or consultant with project oversight roles can not award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits. 3.5 If Grantee desires to use the Funds to purchase/lease equipment (i.e., vehicles, computers, etc.) necessary to perform or provide the services disclosed in the Scope of Work, Grantee must obtain LACMTA's written consent prior to purchasing/leasing specific equipment. Equipment purchased/leased without such prior written consent shall be deemed an unallowable expenditure of the Funds. If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to LACMTA as follows: Grantee will be required to repay the Funds in proportion to the useful life remaining in accordance with the Guidelines and in an equal proportion of the grant to Grantee Funding Commitment ratio. 4. DISBURSEMENT OF FUNDS: Disbursements shall be based on a reimbursement basis in accordance with the Quarterly Progress/Expenditure Report. LACMTA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to Grantee. All Grantees must complete the ACH form. ACH Request Forms can be found at www.metro.net/callforprojects. Grantee must provide detailed supporting documentation with its Quarterly Progress/Expenditure Report. Grantee Funding Commitment must be spent in direct proportion to the Funds with each quarter's payment. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS: 5.1 Grantee shall submit the Quarterly Progress/Expenditure Report (Attachment D1) within 60 days after the close of each quarter on the last day of the months November, February, May and August. Should Grantee fail to submit such reports within 10 days of the due date and/or submit incomplete reports, LACMTA will not reimburse Grantee until the completed required reports are received, reviewed, approved. The Quarterly Progress/Expenditure Report shall include all appropriate documentation (such as Rev: 08.06.08 6 MOU Local Agreement Prop C TIP#: LAOD399 PPNO: 2975 CFP#F1121 MOU.P000F1121 contractor invoices, timesheets, receipts, etc.). All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, Grantee will still be required to submit the Quarterly Progress/Expenditure Report indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then Grantee can submit such an invoice once per month with supporting documentation. 5.2 LACMTA, and/or its designee, shall have the right to conduct audits of the Project, as deemed appropriate, such as financial and compliance audits; interim audits; pre -award audits, performance audits and final audits. LACMTA will commence a final audit within six months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by Grantee and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the MOU period under review). Grantee agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions as defined by this MOU and the Guidelines. Grantee's expenditures submitted to LACMTA for this project shall be in compliance with Federal Acquisition Regulations, Subpart 31 (FAR). The findings of the LACMTA audit are final. When LACMTA audit findings require Grantee to return monies to LACMTA, Grantee agrees to return the monies within thirty (30) days after the final audit is sent to Grantee. 5.3 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as "records") shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by Grantee for three years following final payment under this Agreement. Payment and Retention amounts shall not occur until after the LACMTA's final audit is completed. 5.4 Grantee shall cause all contractors to comply with the requirements of Part II, Section 5, paragraphs 5.2 and 5.3 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. 5.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all of the records of Grantee and its Rev: 08.06.08 7 MOU Local Agreement Prop C TIP#: LAOD399 CFP# F1121 PPNO: 2975 M0U.P000F1121 contractors related to the Project, and shall be allowed to interview any employee of Grantee and its contractors through final payment to the extent reasonably practicable. 5.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of Grantee and its contractors, shall have access to all necessary records, including reproduction at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this MOU. 5.7 In addition to LACMTA's other remedies as provided in this MOU, LACMTA shall withhold the Funds and/or recommend not to award future Call for Projects grants to Grantee if the LACMTA audit has determined that Grantee failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this MOU and the Guidelines, including the access to records provisions of Part II, Section 5. 5.8 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates. 6. ONE TIME GRANT: This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 7. SOURCES AND DISPOSITION OF FUNDS: 7.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available for the Project, this MOU shall be void and have no further force and effect, and LACMTA shall have no obligation to provide the Funds for the Project, unless otherwise agreed to in writing by LACMTA. 7.2 Grantee shall fully fund and contribute the Grantee Funding Commitment, as identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, Grantee agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project. 7.3 Grantee shall be responsible for any and all cost overruns for the Project. 7.4 Grantee shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this MOU subject to the terms and conditions contained Rev: 08.06.08 8 MOU Local Agreement Prop C TIP#: LAOD399 CFP# F1121 PPNO: 2975 MOU.P000171121 herein and in the Guidelines. Any Funds expended by Grantee prior to the execution of this MOU (prior to the LACMTA Chief Executive Officer's signature) shall not be reimbursed nor shall they be credited toward the Grantee Funding Commitment requirement, without the prior written consent of LACMTA. Grantee Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at Grantee's own risk. 7.5 If Grantee receives outside funding for the Project in addition to the Funds identified in the Project Funding at the time this grant was awarded, this MOU shall be amended to reflect such additional funding. If, at the time of final voucher, funding for the Project (including the Funds, Grantee Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this MOU as specified in the Project Funding and both the Funds and Grantee Funding Commitment required for the Project shall be reduced accordingly. 8. 'TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS: 8.1 Grantee must demonstrate timely use of the Funds by: (i) executing this MOU within ninety (90) days of receiving formal transmittal of the MOU from LACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and (ii) meeting the Project milestones due dates as agreed upon by the LACMTA and Grantee in Attachment C (Scope of Work) of this MOU. Contracts for construction or capital purchase shall be executed within nine (9) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date. Funds programmed by LACMTA for Project development or right-of-way costs must be expended by the end of the second fiscal year following the year the Funds were first programmed; and (iii) submitting the Quarterly Progress/Expenditure Report as described in Part II, Section 5.1 of this MOU; and (iv) expending the Funds granted under this MOU for allowable costs within 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this MOU. All Funds programmed for are subject to lapse by June 30, 2011. All Funds programmed for FY 2009-10 are subject to lapse by June 30, 2012. If Grantee fails to meet any of the above conditions, the Project shall be considered lapsed and will be submitted to the LACMTA Board of Directors for deobligation. Rev: 08.06.08 9 MOU Local Agreement Prop C TIP#: LAOD399 PPNO: 2975 CFP# F1121 MOU.P000F1121 Expenses that are not invoiced within 60 days after the lapsing date are not eligible for reimbursement. 8.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 8.1 of this MOU, the Project will be reevaluated by LACMTA as part of its annual Call for Projects Recertification/Deobligation process and the Funds may be deobligated and reprogrammed to another project by the LACMTA Board of Directors. If Grantee does not complete one element of the Project, as described in the TIP Sheet, due to all or a portion of the Funds lapsing, the entire Project may be subject to deobligation at LACMTA's sole discretion. In the event that all the Funds are reprogrammed, this MOU shall automatically terminate. 9. DEFAULT: A Default under this MOU is defined as anyone or more of the following: (i) Grantee fails to comply with the terms and conditions contained herein or in the Guidelines; or (ii) Grantee fails to perform satisfactorily or makes a material change, as determined by LACMTA at its sole discretion, to the Financial Plan, the Scope of Work, or the Project Funding without LACMTA's prior written consent or approval as provided herein. 10. REMEDIES: 10.1 In the event of a Default by Grantee, LACMTA shall provide written notice of such Default to Grantee with a 30 -day period to cure the Default. In the event Grantee fails to cure the Default, or commit to cure the Default and commence the same within such 30 -day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this MOU; (ii) LACMTA may make no further disbursements of Funds to Grantee; and/or (iii) LACMTA may recover from Grantee any Funds disbursed to Grantee as allowed by law or in equity. 10.2 Effective upon receipt of written notice of termination from LACMTA, Grantee shall not undertake any new work or obligation with respect to this MOU unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of Grantee. 10.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 11. COMMUNICATIONS: 11.1 Grantee shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project. Grantee shall ensure that at a minimum, all Communications Materials shall include (i) the phrase "This project was partially funded by LACMTA" or alternative acceptable minimum language; and (ii) the Metro logo, with the exception of press releases, which do not require a Metro logo. 11.2 If Grantee produces any Communication Materials that do not contain the information set forth in Section 11.1 above, Grantee must provide an Rev: 08.06.08 10 MOU Local Agreement Prop C TIP#: LACID399 PPNO: 2975 CFP#F1121 MOU.P000F 1121 opportunity for prior review and written comment by the Chief Communications Officer of LACMTA or its designee before such materials can be produced. If Grantee does not receive a response from LACMTA Communications within seven (7) working days from the day of receipt by LACMTA Communications staff, Grantee may proceed with producing the Communications Materials as proposed. 11.3 For purposes of this MOU, "Communications Materials" include, but are not Nimited to, literature, newsletters, publications, websites, advertisements, brochures, maps, information materials, video, radio and public service announcements, press releases, press event advisories, and all other related materials. 11.4 For signage on Project structures, facilities, vehicles and construction sites, Grantee shall use the phrase, "Funded in part by [Metro logo]" or "Your tax dollars at work [Metro logo]" or alternative acceptable language. Further guidance on acknowledging LACMTA contribution is provided in the Communications Materials guidelines available from the LACMTA Communications Division. 11.5 Grantee shall notify the LACMTA Chief Communications Officer or its designee of all press events related to the Project in such a manner that allows LACMTA to participate in such events, at LACMTA's sole discretion. 11.6 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines available from the LACMTA Communications Division. 11.7 Grantee shall ensure that any subcontractor, including, without limitation, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials will comply with the requirements contained in this Section 11. 12. OTHER TERMS AND CONDITIONS: 12.1 This MOU, along with its Attachments and the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter herein. The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this MOU as though fully set forth herein. 12.2 If applicable, Grantee is obligated, to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right-of-way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to Grantee Funding Commitment ratio) shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this MOU. Equipment acquired as part of the Project, including office equipment, transit Rev: 08.06.08 11 MOU Local Agreement Prop C TIP#: LAOD399 PPNO: 2975 CFP# F1121 MOU.P000F1121 vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements. 12.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this MOU, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. 12.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by Grantee under or in connection with any work performed by and or service provided by Grantee, its officers, agents, employees, contractors and subcontractors under this MOU. Grantee shall fully indemnify, defend and hold LACMTA, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) misuse of the Funds by Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) breach of Grantee's obligations under this MOU; or (iii) any act or omission of Grantee, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this MOU. 12.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOU. 12.6 Grantee shall comply with and insure that work performed under this MOU is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. Grantee acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto. 12.7 Grantee agrees that the applicable requirements of this MOU and the Guidelines shall be included in every contract entered into by Grantee or its contractors relating to work performed under this MOU and LACMTA shall have the right to review and audit such contracts. Rev: 08.06.08 12 MOU Local Agreement Prop C TIP#: LAOD399 CFP# F1121 PPNO: 2975 MOU.P000F1121 12.8 Grantee shall not assign this MOU, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable. 12.9 This MOU shall be governed by California law. If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 12.10 The covenants and agreements of this MOU shall inure to the benefit of, and .shall be binding upon, each of the parties and their respective successors and assigns. 12.11 If any software/Intelligent Transportation Systems ("ITS") is developed with the Funds and if Grantee ceases to use the software/ITS for public purposes or Grantee sells, conveys, licenses or otherwise transfers the software/ITS, LACMTA shall be entitled to a refund or credit, at LACMTA's sole option, equivalent to the amount of the Funds spent developing the software/ITS. Such refund or credit shall not be required, subject to LACMTA approval of the intended use, if Grantee reinvests the proceeds of such sale, conveyance, license or transfer into the Project to offset operating or systems management costs. 12.12 Implementation of any ITS project shall be consistent with the Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS Policy and Procedures adopted by the LACMTA Board of Directors including the submittal of a completed, signed self -certification form in the form of Attachment F-1. 12.13 If any parking facilities are designed and/or constructed using the Funds, Grantee shall coordinate with LACMTA parking program staff (see METRO.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy. 12.14 Grantee will advise LACMTA prior to any key Project staffing changes. 12.15 Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address. 12.16 Grantee in the performance of the work described in this MOU is not a contractor nor an agent or employee of LACMTA. Grantee attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. Rev: 08.06.08 13 MOU Local Agreement Prop C ATTACHMENT A -PROJECT FUNDING CFP# F1121 MOU.P000F1121 TIP#: LAOD399 LOCAL SALES TAX PROP C - GRANT AGREEMENT PPNO: 2975 PROJECT TITLE State Route 60/Lemon Avenue Partial Interchange (On & Off -Ramps) Construction GRANTEE/ PROJECT SPONSOR: City of Diamond Bar ($ in Actual Dollars) (LACMTA Programmed Funding and Sponsors Match Only) LACMTA PROGRAMMED FUNDING: SELECT: Proposition C 5% Proposition C 10% Proposition C 25% 11130,000 1,164,000 2294000 16.3% Proposition C 40% GRANTEE/SPONSOR MATCH: Grantee Funding Commitment (specify type) (Writespecific type of funding match LACMTA SUBTOTAL ttt SELECT: Cityof Industry Funds 1,800,000 1 800,000 12.8% Prop A or C Local Return Highway Safety Improvement (HSIP) 400,000 400,000 2.8% Federal Dema SAFETEA-LU 9,600,000 9 600 000 68.1% PROJECT•• •- MATCH SUBTOTAL11,800 ,000 TOTAL PROGRAMMED FUNDING $1,130,000 $12,964,000 $14,094,000 100.01 14,094,000 Rev: 08.06.08 MOU Attachment A CFP# F1121 ATTACHMENT B FINANCIAL PLAN (CASH FLOW) M0U.P000F1121 TIP#: LAOD399 PPNO: 2975 LOCAL SALES TAX PROP C - AGREEMENT PROJECT TITLE: State Route - 60/Lemon Avenue Partial Interchange (On & Off -Ramps) Construction Project Sponsor: City of Diamond Bar PROGRAMMEDFUNDS FY2010 -11 J/A/S O/N/D J/F/M AIM/J QTR1 QTR2 QTR3 QTR4 FY2011-12 J/A/S O/N/D J/F/M A/MIJ TOTAL % OF QTR1 QTR2 QTR3 QTR4 BUDGET BUDGET Construction Capital Metro Proposition C 25% $383,715 $383,715 $383,715 $383,715 $127,905 $127,905 $127,905 $127,905 $2,046,480 15.7828% City of Industry Funds $337,500 $337,500 $337,500 $337,500 $112,500 $112,500 $112,500 $112,500 $1,800,000 13.8819% DEMOSTL-Demo- SAFETEA-LU $1,635,000 $1,635,000 $1,635,000 $1,635,000 $545,000 $545,000 $545,000 $545,000 $8,720,000 67.2503% Highway Safety Impr. Pro (HSIP) $75,000 $75,000 $75,000 $75,000 $25,000 $25,000 $25,000 $25,000 $400,000 3.0849% Subtotal $2,431,215 $2,431,215 $2,431,215 1 $2,431,215 $810,4051 $810,405 1 $810,405 $810,405 $12,966,480 100.0000% Construction Engineering Metro Proposition C 25% $46,410 $46,410 $46,410 $46,410 $15,470 $15,470 $15,470 $15,470 $247,520 21.9526% DEMOSTL -Demo- SAFETEA-LU $165,000 $165,000 $165,000 $165,000 $55,000.00 $55,000.00 $55,000.00 $55,000.00 $880,000 78.0474% Subtotal $211,410 $211,410 $211,410 $211,4101 $70,470 $70,470 $70,470 $70,470 $1,127,520 100.0000% TOTAL CAPITAL & ENGR BUDGET $2,642,625 $2,642,625 $2,642,625 $2,642,625 $880,875 $880,875 $880,875 $880,875 $14,094,000 100.0000% TIP#: LAOD399 CFP# F1121 PPNO: 2975 MOU.P000F1121 ATTACHMENT C SCOPE OF WORK State Route 60/Lemon Avenue Partial Interchange (On & Off —Ramps) Construction Overview The Cities of Diamond Bar and Industry, in cooperation with the California Department of Transportation (Caltrans) propose to construct a new partial interchange on State Route 60 (SR - 60) at Lemon Avenue, Post Mile (PM) R21.5/R23.0 (kilometer post [KP] 34.6 to KP 37.0). The proposed project would improve traffic operations by providing direct access to SR -60 from the surrounding urbanized and largely built -out areas in the Cities of Diamond Bar and Industry at the new Lemon Avenue interchange. As proposed, two of the project Build Alternatives will require the permanent acquisition of additional right-of-way (ROW). Background of the Project In early 2002, Caltrans began preparation of the Project Study Report/Project Development Support (PSR/PDS) as requested by the local agencies (Cities of Industry and Diamond Bar). The PSR/PDS was completed and approved in February 2003. In 2004, the Cities of Industry and Diamond Bar decided to move forward with the project. The PSR/PDS identified and evaluated alternatives for the SR-60/Lemon Avenue Partial Interchange. Two alternatives evaluated in the PSR/PDS were advanced for evaluation in the Draft Project Report (DPR). After approval of the PSR/PDS, the Cities of Industry and Diamond Bar, and their engineering consultant developed two additional build alternatives (Alternatives 4 and 5) to be considered in the PA/ED phase and the DPR. Project Schedule Currently, the project team is in the process of finalizing the Project Report and Environmental Document (PA/ED) with an anticipated completion in December 2008. The milestones for other phases of the project are as follows: Milestone Completion Date Complete PANED December 2008 Complete PS&E June 2010 R/W Certification October 2010 Ready to List December 2010 Construction Completion November 2012 Project Budget Rev: 01. 16.08 1 MOU 08 Attachment C TIP#: LAOD399 CFP# F1121 PPNO: 2975 MOU.P000FI 121 This MOU covers only the construction capital and construction engineering components of the Project. The construction capital and construction engineering components are currently estimated to be $14,094,000. The preliminary engineering, environmental documentation, final design and right-of-way capital and support components of the project have been will be funded entirely by the City of Industry"s contributions toward this project and are not a part of this MOU. In a letter agreement dated June 9, 2004 between the Cities of Industry and Diamond Bar, the Industry Urban Development Agency agreed to fund the Project Approval/Environmental Documentation (PA/ED), and Plans, Specifications & Estimate (PS&E) phases of the project. In January 2007, the City of Industry set a cap of $4.9 million for its contribution for the development of the project. In 2005, Congress approved the Safe, Accountable, Flexible, Efficient Transportation Equity Act -A Legacy for Users (SAFETEA-LU) program and earmarked $9.6 million for the proposed SR-60/Lemon Avenue Interchange Project. As part of the 2007 Call for Projects, on September 27, 2007, the Los Angeles County Metropolitan Transportation Authority (LACMTA) Board of Directors approved $2,294,000 of the proposition C-25% funds to the Project In February 2008, the City of Diamond Bar submitted an application for the Highway Safety Improvement Program (HSIP) funds to Caltrans. In June 2008, Caltrans approved $ 400,000 in Federal HSIP funds for the required improvements on Golden Springs Drive portion of the project. The City of Diamond Bar recognizes that LACMTA's reimbursements will depend on the actual amount of the construction capital and construction engineering contracts. The contribution by Metro will also be calculated based on the construction and construction engineering capital component of the Project. However, since local funds are being used to fund the other project components, the entire $2,294,000 in Proposition C is available for the two construction components should at least $14,094,000 be expended on the entire Project. Rev: 01. '16.08 2 MOU 08 Attachment C MOU ATTACHMENT D REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES Quarterly Progress/Expenditure Report (Attachment D1) is required for all projects. The Grantee shall be subject to and comply with all applicable requirements of the funding agency regarding project -reporting requirements. In addition, Grantee will submit a quarterly report to the LACMTA at P.O. Box 512296, Los Angeles, CA 90051- 0296. Please note that letters or other forms of documentation may not be substituted for this form. The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that Grantee provide complete and adequate response to all the questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project. Expenses must reflect the proportionate share of local match, including in-kind, charged to the grant. In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. • Grantees are required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter. Projects not delivered in a timely manner will be reevaluated by LACMTA as part of the annual Call for Projects Recertification process and the Funds may be deobligated and reprogrammed by the LACMTA Board. • The Quarterly Progress/Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year: Quarter Report Due Date July -September November 30 October - December February 28 January - March May 31 April -June August 31 Upon completion of the Project a final report that includes project's final evaluation must be submitted. Rev: 08.06.08 1 MOU Local Attachment D EXPENDITURE GUIDELINES • Any activity or expense charged above and beyond the approved Scope -of -Work (MOU Attachment C), is considered ineligible and will not be reimbursed by the LACMTA unless prior written authorization has been granted by the LACMTA Chief Executive Officer or his designee. • Any expense charged to the grant or local match, including in-kind, must be clearly and directly related to the project. • Any activity or expense charged as local match cannot be applied to any other LACMTA-funded or non-LACMTA-funded projects; activities or expenses related to a previously funded project cannot be used as local match for the current project. • Administrative cost is the ongoing expense incurred by the Grantee for the duration of the project and for the direct benefit of the project as specified in the Scope -of -Work (Attachment Q. Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project. • LACMTA is not responsible for, and will not reimburse any costs incurred by the Grantee prior to the execution of the MOU, unless written authorization has been granted by the LACMTA Chief Executive Officer or her designee. • The MOU is considered executed when the LACMTA Chief Executive Officer or her designee signs the document. DEFINITIONS • Local Participation: Where local participation consists of "in-kind" contributions rather than funds, the following contributions may be included: • Costs incurred by a local jurisdiction to successfully complete the project. Examples include engineering, design, rights-of-way purchase, and construction management costs. • Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project. • Donations of volunteer services dedicated to the project. • A third -party contribution of services, land, building space, supplies or equipment dedicated to the project. • Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification. Rev: 08.06.08 2 MOU Local Attachment D • Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be adjusted to reflect a "reasonable and customary" level. For detail definition of "reasonable cost", please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and Local Governments; and A-722 Cost Principals for Nonprofit Organizations. • In -eligible Expenditures: Any activity or expense charged above and beyond the approved Scope -of -Work is considered in eligible. Rev: 08.06.08 ; MOU Local Attachment D LACMTA MOU ATTACHMENT D1 QUARTERLY PROGRESS / EXPENSE REPORT GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO P.O. Box #512296, Los Angeles, CA 90051-0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information. SECTIONQUARTERLY EXPENSE REPORT CkanteeTo Cempkillie Invoice # Invoice Date MOU# Quarterly Report # Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. Rev. 08.06.08 1 MOU Attachment D1 LACMTA Grant S Local Match (Incl. In Kind) $ Local Match % Total $ • This Quarter Expenditure Retention Amount Net Invoice Amount (Less Retention) Funds Expended to Date (Include this Quarter) Total Project Budget % of Project Budget Expended to Date Balance Remaining Rev. 08.06.08 1 MOU Attachment D1 SECTION 2: GENERAL INFORMATION PROJECT TITLE: MOU #: QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: 7 2004-2DD5 ❑ 2005-2006 7]2006-2007 2007-20D8 ❑ 2008-2009 2009-2010 Quarter : F--] Q 1: Jul - Sep Q2: Oct - Dec F-JQ3: Jan - Mar Q4: Apr - Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: 7 Freeway 7TDM Transit Name: LACMTA Area Team Area Team: Representative / Project Mgr. Phone Number: e-mail: Contact Name: Job Title: Department. Project Sponsor Contact I Project Manager City / Agency: Mailing Address: Phone Number: e-mail: ❑ RSTI ❑ Signal Synchronization Bikeway ❑ Pedestrian ❑ TEA Rev: 08.06.08 2 MOU Attachment D1 List all deliverables and milestones as stated in the MOU, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL MOU MILESTONE. START AND END DATES SHOWN IN THE 2 ND AND 3RD COLUMNS BELOW. Grantees must make every effort to accurately portray milestone dates in the originat MOU Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original MOU Scope of Work, indicate the new dates under Actual Schedule below and re -calculate the project duration. However. this does not change the original milestones in your MOU. PER YOUR MOU AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE MOU Milestones Original MOU Schedule in Scope of Work Actual Schedule Start Date End Date Start Date End Date Total Project Duration (Months) 2. PROJECT COMPLETION 7-1 A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) �On schedule per original MOU schedule Between 12-24 months behind original schedule Less than 12 months behind original schedule More than 24 months behind original schedule B. Was the project design started within 6 months of the date originally stated in the MOU? Yes ❑ No ❑ Not Applicable C Was a construction contract or capital purchase executed within 9 months after completion of design I specifications? ❑ Yes ❑ No ❑ Not Applicable Rev: 08.06.08 3 MOU Attachment D1 3. TASKS I MILESTONES List tasks or milestones accomplished and progress made this quarter. 4. PROJECT DELAY If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter". 5. ACTION ITEMS TO RESOLVE DELAY - If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay. Rev 08.06.08 4 MOU Attachment D1 All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on page t of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the MOU Attachment C, Scope of Work. Use additional pages if needed. Notes: 1 Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant 2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above) Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107. ACH Request Forms can be found at www.metro.net/callforprojects. Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107 I certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the information stated in this report is true and correct. Signature Name Tifle Rev: 08.06.08 5 MOU Attachment D1 SAN GABR I EL VAL. AREA Fax:213-922-6353 Nov 20 2 ATTACHMENT E prograiriNletro - Project View r:F?RO:�EGT'']NEO•.:'.;;; : ',.,;?;:6.i..i:. ...,.;:a,:..;yj..;;!,,., ,:. V111tWINGAPRGJECT(REAI] ONB;Y MODE) IF YOU WOULD LIKE TO MAKE CHANGES TO THIS PROJECT; PLEASE P;RQC#ED'THROUCSH AN.AMEN.DMENT.. II - II iAD[Nili._ h.III .I I .L�f wW... .., PROGRAM SOURCE -np PROJECT ID SCAG'MODELING.# I :LAOD399 STIP LAOD399 L467 ng -U t r,.l• 1 LUMP SUM LUMP SUM NAME CONFORMITY CATEGORY No NON-EXEMPT PROGRAM /AUTHORIZATION TYPE ID SCAG RTP PROJECT # I; LAOD399 ._..... ............. CAPACITY INC .. RE'GN':51GNiFi:CpNT. MODE NO NC I IMPLEMENTING AGENCY _ Los Angeles County MTA 11 -- _........... ... .... . _ PROJECT MAM-05B PH�� rn EMAIL Fred Afamolhoda 9095953760 Freda@LAEassociates. CFP MODE ........ ... ... Regional Surface Transportation Improvementsi�� PROJECT TITLE Route 60: Diamond Bar On -Off Ramps at Lemon Ave. on SR 60 PROJECT DE&CR PTL ION -GUIDELINES Route 60: CONSTRUCTION Off' NSW PARTIAL DIAMOND INTERCHANGE FOR STATE ROUTE 60 (SR -60) AT LEMON AVE (SAFETEA-LU # 587). PRIMARY PROGRAM CODE http'//65.74A34.8$/project_info.asp?project_id=LAA1a399&versilou--3 11/19/2008 SAN GABRIEL +AL. AREA Fax:213-922-6353 Nov 20 2008 16:21 P.02 PrograxnMdr,Q - Project View Page 2 of 3 EMnR0NMi NWALl1 ......... AIR BASIN - MAP FNVIRONMENTAL D(__ gMENT { TE ENV DOC COMPLETION DA SCAB � NEGATIVE DECLARATION I 12/31l2446 FST TOTA PROJECT COST $19,000 FISCAL YEAR FUND TYPE (PROGRAMMED REVENUE SOURCE) - FUND HELP PA&ED/PS&E ROW CON PROJECT COMPLETION DATE CURRENT IMPLEMENTATION STATUS - r „ I.AST UPDATED 5/24/2007 ---- -- _—PAED -- Environmental DocumenUPre-Design Phase (PAED) 1011/2012 3('HEDULED START MONTH YEAR MONTH ACTUAL START E9V9DULE COMPLETION MONTH—.— YEA ACTUAL MONTH COMPLETION YEAR PA&E _YFAR �µa GLY I MAY 2008 �, i i ....... .. ._ PsBsE MAYij 2008.—� f Row OCT 2008 �• „;1, . CCN DEC >ia{l� 2010 --- ------alf' --- = —1 - --�, _� _ Carry over from 06-00 7Chanjg"e Reason List (Automated) ti C FUND SOURCE CHANGE j; II k j v SHIFT FUNDS 0 SCHEDUN_E ADVANCE SCHEDULE DELAY E ( ' LEAD AGENCY CHANGE f http://65.74.134.88/project iufo.asp?project_id=LAOD399&version=3 11/19/2008 SAN GABRIEL VAL. AREA Fax:213-922-6353 Nov 20 2008 16:21 P.03 programMetro - Project View Page 3 of 3 U NEW PROJECT ID L; DESCRIPTION OHANGE Q LIMIT CHANGE 4A�R 'ATNE DESCRIPTION - LAST UPDATED: 2/6/2008 Carry over project. Implementing .Agency changed from Industry to Diamond Bar since Diamond Bar will now be the lead agency for this project. PC25 funds assigned through the CFP #P1121 for Diamond Bar. Project cost increase due to cost increases/overuns and low orginal project cost estimate. No scope change. Estimated Total Project cost should match RTP value. NARRATIVE Changed Implementing Agency: - from "Industry, City of" to "Diamond Bar, City of" Changed CFP Mode: - from "" to "Regional Surface Transportation Improvements" Changed Project Title: - from "CONSTRUCxTXO]N OF NEW PARTIAL DIAMOND INTERCHANGE" to "Route 60: Diamond Par On - Off Ramps at Lemon Ave. on SR 60" Change Project Description: - from OF NEW PARTIAL DIAMOND INTERCHANGE FOR STATE ROUTE 60 ($12-60) AT LEMON AVE (SAFETEA-LU # 587)." to "Route 60: CONSTRUCTION OF NEW PARTIAL DIAMOND INTERCHANGE FOR STATE ROUTE 60 (SR - 60) AT LEMON AVE (SAFETEA-LU # 587)." Changed Federal UZA: - from "" to "Los Angeles -Long Reach -Santa Ana" Changed Environmental Document: - from "CATEGORICALLY EXEMPT" to "NEGATIVE DECLARATION" Changed Project Completion Date: - from "06/30/2009" to "6/30/2009" Increase Funding DEMOSTL: �. Aelete funds in 07/08 in ROW for $1,600 ► Add funds in 08/09 in ROW for $500 Delete funds in 08/09 in CON for $8,000 ► Add funds in 09110 in CON for $9,100 hGENCX: t Increase funds in 05/06 in ENG from $1,500 to $2,500 CITY: _ Delete funds in 07/08 in ROW for $400 ► Add funds in 08/09 in ROW for $100 + Increase funds in 09/09 in CON from $2,000 to $2,582 PC25: '•► Add funds in 08/09 in CON for $1,130 r Add funds in 09/10 in CON for $1,164 Total project cost increased from $13,500 to $17,076 http:/165.74.134.8$/project info.asp?projer-t_id^LAOD399&version=3 11./19/2008 Los Angeles Metropolitan Transportation Authority 200£ Federal Transportation Improvement Program ($000) L&A bbd'fiad By PrOW1 rug CONSTRUCTION OF NEW PARTIAL DIAMOND INTERCHANGE Prof ec1 DesGrip ion CONSTRUCTION OF NEW PARTIAL DIAMOND INTERCHANGE FOR STATE ROUTE 60 (SR -60) AT n tt-TC1l ! I 14 LG?1 ��.., ..... _ _. -. - . _. - -- - Fund Engfneanng Rlghtaf Way Construction Total 07108 DEMOSTL- Demonstrabon- SAFETEA-LU $f.340 $1,604 a8-0 DEMOSTL- Demonstration - SAFETEA-LU se,6Ba 88.006 OSJa6 AGENCY-Aoenw 51.540 51.504 67108 CITY - CKy Funds $440 $404 68;09 CITY - CVN Funds _ $2.006 52,004 Change Reason: p i,mm u,uuu . r - - -I--- Z O C ra 0 N 0 Toles Cost $13,660 0 OD Wednesday, Nowem>eer 18, 20138 MOU.P000F1121; State Route 60/Lemon Avenue Partial Interchange (On & Off -Ramps) Construction ATTACHMENT F APPRAISAL REPORT RIGHT-OF-WAY (ROW) SPECIAL GRANT CONDITIONS 1. Grantee shall provide a copy of the Appraisal Report for each Right -of -Way (ROW) acquisition identified as a capital expense to be used towards their local match commitment as approved by the Board and as shown in the Project Financial Plan (Attachment B). The Appraisal Report is what will be used to determine the cost of the ROW purchase and should contain the appraiser's estimate of the fair market value and all data and narrative necessary to support the appraiser's conclusions. Grantee shall conduct an appraisal completed by a person with a Real Estate Appraiser Certificate and deliver to LACMTA the Appraisal Report prior to initiating the construction phase as scheduled in the Project Scope of Work (Attachment Q. The Appraiser shall follow Chapter 7 (Appraisals) of the Caltrans Right -of -Way Manual (http://www.dot.ca.gov/hq/row/rowman/manual/ch7.pdfl to the extent that it pertains to the ROW under review. 2. Should the appraised value of the ROW acquisition be less than the committed local match as approved by the Board, Grantee shall have two (2) options: a. Provide additional match to maintain the local match commitment to the project as approved by the Board and as stated in Attachment B; or b. Downscope the project, in which case LACMTA's financial commitment to the project will be decreased proportionally to the Grantee's decreased local match commitment based on the appraised value of the ROW acquisition. Rev: 04.30.08 1 MOU Attachment F Special ROW Conditions CITY COUNCIL Agenda # 6.9 Meeting Date: December 2, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a r TITLE: Three Year Renewal of Letter of Credit for City of Diamond Bar Public Financing Authority Variable Rate Lease Revenue Bonds, 2002 Series A RECOMMENDATION: Approve BACKGROUND/DISCUSSION: In 2002, the City's Public Financing Authority issued variable rate lease revenue bonds in the amount of $13,755,000. Since these bonds are variable rate bonds, there is a requirement to have a letter of credit (LOC) to guarantee payment of the bonds. The current letter of credit is due to expire on December 18, 2008. In December 2007 the original five year LOC with Union Bank of California (UBOC) expired. At that time it was decided to renew the LOC for only one year since the City was looking at alternative financing options. It was found that the current variable rate structure is the best option for the City at this time. The current LOC expires on December 18, 2008. This year UBOC has offered to renew the LOC for three more years at a higher rate. According to the bank the rate has been discounted from the current market rate of 1 % to .85% which is .35% higher than last year's rate. The increase in the rate is due to the dramatic changes in the financial and banking environment. There are simply very few banks in a position to provide letters of credit to meet our needs. This coupled with the fact that the City didn't receive notice of the rate increase until November 18 staff was unable to find an alternative provider on such short notice. Another change is a change in the definition of "Draw Rate" in the reimbursement agreement. The old definition says: "Draw Rate means a fluctuating interest rate equal to the Reference Rate in effect from time to time for sixty (60) aggregate days and, thereafter equal to 1 % per annum above the Reference Rate in effect from time to time" The new definition changes the "sixty (60) aggregate days" to "thirty (30) aggregate days" and changes the percentage to 2% from 1 %. This generally would have no effect on the City unless the City or the City's remarketing agent was unable to meet the debt obligation. The possibility of this happening is extremely remote. Staff is recommending that the City renew LOC for the offered three years. If after the first year the City finds a lower rate the LOC can be cancelled or renegotiated. The early termination clause of the LOC is currently being updated and will be included within the offer letter. The new offer letter will be provided to the City Council prior to the start of the City Council meeting. FINANCIAL IMPACT: The cost of the Letter of Credit has been raised from 0.50% to 0.85%. The new annual cost is anticipated to be approximately $108,460 which is $44,660 higher than the previous fiscal year. Although there is a significant increase in the rate of the Letter of Credit this year, it should be noted that when the bonds were originally issued in 2002, the rate was 0.85%. The cost of the LOC fees has been included in the FY08-09 Budget. PREPARED BY: Linda Magnuson REVIEWED BY: �nh OTas U Fi6ancd EUrector Assis ant City f0anager Attachments: UBOC Letter offering Letter of Credit (to be provided prior to the start of the meeting) REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR RDA 3.1 REGULAR MEETING OF THE BOARD OF DIRECTORS APRIL 15, 2008 DRAFT 1. CALL TO ORDER: Chairman Chang called the Redevelopment Agency meeting to order at 7:53 p.m. p.m. in the SCAQMD/Government Center Auditorium, 21865 Copley Dr., Diamond Bar, CA. ROLL CALL: Agency Members Everett, Herrera, Tanaka, VC/Tye, Chair/Chang Also Present Were: James DeStefano, Agency Director; Michael Jenkins, Agency Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director, Greg Gubman, Planning Manager; Ryan McLean, Asst. to City Manager; Cecilia Arellano and Tommye Cribbins, Agency Clerk. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR.- AM/Everett ALENDAR: AM/Everett moved, AM/Tanaka seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Everett, Herrera, Tanaka, VC/Tye, Chair/Chang NOES: AGENCY MEMBERS: None ABSE NT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES — Regular Meeting of December 4, 2007 — As submitted. 3.2 APPROVED TREASURER'S STATEMENT FOR November 1, 2007 through March 31, 2008. 4. AGENCY MEMBER CONSIDERATION: None 5. AGENCY MEMBER COMMENTS: None Offered. ADJOURNMENT: With no further business to conduct, Chair/Chang adjourned the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority Meeting at 7:56 p.m. TOMMYE CRIBBINS, Agency Clerk ATTEST: WEN CHANG, Chairman Agenda # RDA 3 . 2 Meeting Date: Dec. 2, 2008 DIAMOND BAR REDEVELOPMENT AGENCY REPORT TO: Chairman and Members of the Board VIA: James DeStefano, Executive Dir "rhrough October 31, 2008TITLE: Treasurer's Statement — April 1, 2008 RECOMMENDATION: Approve the April 1, 2008 through October 31, 2008, Treasurer's Statement for the Redevelopment Agency. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per Agency policy, the Finance Department presents the Treasurer's Statement for the Redevelopment Agency Board's review and approval. Due to the change in Redevelopment Agency meeting schedule the following Treasurer's report covers the period of April 1, 2008 through October 31, 2008. PREPARED BY: Linda Magnuson, Finance Director REVIEWED BY: Fi6ancb Ibirector Attachments: U5�() Assistant City M pager Treasurer's Statement — April 1, 2008 through October 31, 2008 DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S CASH STATEMENT October 31, 2008 4/1108 TRANSFERS 10/31/08' BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE REDEVELOPMENT AGENCY CIP FE $0.00 LOW & MOD INCOME HOUSING FD - REDEVELOPMENT DEBT SVC FD TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: Ja` DeStefanc , Treasurer $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GENERALACCOUNT TOTAL DEMAND DEPOSITS TOTAL CASH $0.00 $0.00 $0.00 PFA 3.1 DIAMOND BAR PUBLIC FINANCING AUTHORITY REGULAR MEETING SEPTEMBER 16, 2008 004IR 1. CALL TO ORDER: Chairman Tye called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21825 Copley Dr., Diamond Bar, CA. ROLL CALL: Authority Members Chang, Tanaka, VC/Everett, Chair/Tye. Authority Member Herrera was excused. Staff present: James DeStefano, Executive Director; Michael Jenkins, Authority Attorney; David Doyle, Assistant City Manager; Bob Rose, Community Services Director, Nancy Fong, Community Development Director, Linda Magnuson, Finance Director and Tommye Cribbins, Authority Clerk. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/Tanaka moved, AM/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Chang, Tanaka, VC/Everett, Chair/Tye NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Herrera 3.1 APPROVED MINUTES —Annual Meeting of April 15, 2008 3.2 APPROVED TREASURER'S STATEMENT — April 1, 2008 through July 31, 2008. 4. AUTHORITY MEMBER CONSIDERATION: 4.1 AWARD OF CONTRACT TO DE LA ROSA AND COMPANY FOR REMARKETING SERVICES FOR THE 2002 PUBLIC FINANCING AUTHORITY VARIABLE RATE LEASE REVENUE BONDS. (Continued from August 19, 2008) FM/Magnuson presented staffs report and recommended Award of Contract to DeLa Rosa and Company for Remarketing Services for the 2002 Public Financing Authority Variable Rate Lease Revenue Bonds. AM/Chang moved, AM/Tanaka seconded, to approve Award of Contract to DeLa Rosa and Company for Remarketing Services for the 2002 Public Financing Authority Variable Rate Lease Revenue Bonds. Motion carried by the following Roll Call vote: SEPTEMBER 16, 2008 PAGE 2 PUBLIC FINANCE AUTHORITY AYES: AGENCY MEMBERS: Chang, Tanaka, VC/Everett, Chair/Tye NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Herrera 5. AUTHORITY MEMBER COMMENTS: None Offered. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further business to conduct, Chair/Tye adjourned the Public Financing Authority meeting at 7:24 p.m. back to the Regular City Council meeting. TOMMYE CRIBBINS, Authority Clerk ATTEST: STEVE TYE, Chairperson AUTHORITY Agenda # pFA 1.2 Meeting Date: Dec.2, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: Public Financing Authority Treas rer's Statement for Aug. 1, 2008 through Oct. 31, 2008 RECOMMENDATION: Approve. FINANCIAL IMPACT: None BACKGROUND: In 2002 the City of Diamond Bar, through the Public Financing Authority issued Variable Rate Lease Revenue Bonds for the purpose of building the Diamond Bar Center. One of the requirements of the bond is that the City pay a monthly lease payment to the Public Financing Authority. This payment represents the debt service on the bond and consists of the monthly interest charge and 1/12 of the principal payment due on the following July 1St. The prepaid principal payments remain in the bank accounts and are invested and safeguarded until they are due each July 1St. These funds are transferred to the Bond Trustee Union Bank of California for disbursement. The Public Financing Authority bank accounts which reflect these activities are included in this Treasurer's Statement. Although the Public Financing Authority's funds have been incorporated into the City's monthly Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval. This statement shows the cash balances for the various funds, with a breakdown of investment account balances and the effective yield earned from investments. PREPARED BY: Finalnde Director Attachments: Treasurer's Statement — August 1, 2008 through October 31, 2008 ftsiAsi y anager Diamond Bar Public Financing Authority Treasurer's Cash Statement 10/31/08 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $166,516.86 $166,516.86 The Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly basis. Union Bank Money Mkt - Effective Yield - October 2008 0.490% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. 4KVIP Jgmer6 DeStefano Treasurer ENDJ SAL 48/0;110.8. RECEIPTS RISBUR$,tMENTS ' TRANSFER SAL Q 10131108 PFA - Construction Fund $0.00 $0.00 $0.00 $0.00 $0.00 PFA - Cost of Issuance Fund 0.00 0.00 0.00 0.00 0.00 PFA - Lease Prepay Fund 47,014.26 70,221.21 32.87 0.00 117,202.60 PFA - Lease Payment Fund 19,272.47 113,067.03 83,025.24 0.00 49,314.26 $66,286.73 $183,288.24 $83,058.11 $0.00 $166,516.86 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $166,516.86 $166,516.86 The Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly basis. Union Bank Money Mkt - Effective Yield - October 2008 0.490% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. 4KVIP Jgmer6 DeStefano Treasurer 'IT _ I P -1i Old III i III' �'M1RPtIP �� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:�� DATE: 1� -VG ADDRESS: PHONE:-��-��;- ORGANIZATION: AGENDA#/SUBJECT:) /j�KS 'i'o F ISS LA F� LL) ✓` �; D i3 rkS 12-T! P -Noma I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. - gn�fture This document is a public record subject to disclosure under the Public Records Act. '1T �hiRIv1R� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO FROM: ADDRESS: CITY CLERK DATE: PHONE: ORGANIZATION: .'I ° ! l XY1 1'i P(21 0 ! Ike IF AGENDAWSUBJECT: I t v i A-41 "�j 1' y 5 t m Z I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature ----A _..-:.....a 4— A;-1— iro i tnt'IPY thin Puhlic Records Act. 'VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: I DATE: PAO r ADDRESS: PHONE: ORGANIZATION: p � AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. ignature This document is a public record subject to disclosure under the Public Records Act.