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HomeMy WebLinkAbout02/03/2009City of Diamond Bar City Council Agenda Tuesday, February 3, 2009 6:30 p.m. — Regular Meeting Closed Session — Following Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ron Everett Carol Herrera Mayor Mayor Pro Tem Wen P. Chang Jack Tanaka Steve Tye Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tomm ye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title Il 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. Em 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 ISALSO AVAILABLE ON THE CITYWEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 3, 2009 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2009-04 Next Ordinance No. 01 (2009) 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming February 6, 2009 as "Go Red for Women" Day. 1.2 Presentation of Certificates of Recognition to the State and Local Agencies involved in the Freeway Complex Fire. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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 \ 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. February 3, 2009 PAGE 2 Completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may br_ igfly 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 — February 10, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Traffic and Transportation Commission Meeting — February 12, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 President's Holiday — February 16, 2009 - City Offices will be closed in observance of the President's Holiday. City Offices will reopen Tuesday, February 17, 2009. 5.4 City Council Meeting — February 17, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Household Hazardous and E -Waste Roundup — February 21, 2009 — 9:00 a.m. — 3:00 p.m., Gateway Corporate Center, 1300 Bridge Gate Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of January 20, 2009 — Approve as submitted. (b) Regular Meeting of January 20, 2009 — Approve as submitted. 6.2 Parks and Recreation Commission Minutes — Regular Meeting of November 20, 2008 - Receive and file. 6.3 Ratification of Check Register — Dated January 15, 2009 through January 28, 2009 totaling $1,698,947.49. Requested by: Finance Department 6.4 Treasurer's Statement - month of December, 2008. Recommended Action: Approve. Requested by: Finance Department February 3, 2009 PAGE 3 6.5 Approval of Notice of Completion with Premier Paving, Inc. for the Palomino Drive Neighborhood Traffic Calming Project. Recommended Action: Approve. Requested by: Public Works Department 6.6 (a) Approve Plans and Specifications and Award Construction Contract for the Sunset Crossing Rd. and Prospectors Rd. Traffic Calming Project in the Amount of $344,000 to All American Asphalt; and Authorize a Contingency Amount of $30,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $374,000. Recommended Action: Approve and Award. (b) Appropriate $15,435 from the Traffic Improvement Fund to the Capital Improvement Program Budget and Approve a Consultant Services Agreement with DMS Consultants, Inc. for Construction Management Services in the Amount of $52,175 Plus a Contingency Amount of $5,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $57,175 for the Sunset Crossing Rd. and Prospectors Rd. Traffic Calming Project. Recommended Action: Appropriate and Approve. Requested by: Public Works Department 6.7 Appropriation of $75,000 from General Fund Reserves for Special Legal Services Provided by Sheppard, Mullin, Richter & Hampton, LLP. Recommended Action: Appropriate. Requested by: City Manager 6.8 (a) Adopt Resolution No. 2009 -XX: Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 38 and any Assessment Thereon for Fiscal Year 2009-10. Recommended Action: Adopt. (b) Adopt Resolution No. 2009 -XX: Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 39 and any Assessment Thereon for Fiscal Year 2009-10. February 3, 2009 PAGE 4 Recommended Action: Adopt. (c) Adopt Resolution No. 2009 -XX: Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 41 and any Assessment Thereon for Fiscal Year 2009-10. Recommended Action: Adopt. (d) Approve Contract Amendment No. 4 with GFB-Friedrich & Associates, Inc. for Assessment Engineering Services for Landscape Assessment Districts 38, 39 and 41 for a Period of One Year, for a Total Contract Amount of $12,950. Recommended Action: Approve. Requested by: Public Works Department 6.9 Exoneration of Surety Bond No. 3SM98404500 in the Amount of $210,909.80 Posted by Windmill Development for Tract No. 50314 to Complete Grading Improvements. Recommended Action: Exonerate. Requested by: Public Works Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearing — Ordinance No. 0X(2009): Extending Ordinance No. 02(2008) Prohibiting the Issuance of Permits for Establishment of Amusement, Entertainment and Other Specified Congregation Uses in the Commercial and Office Zoning Districts According to the Provisions of California Government Code Section 65858. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: February 3, 2009 PAGE 5 10. CLOSED SESSION: Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Initiation of Litigation — One Case. 11. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JANUARY 20, 2009 R, At U STUDY SESSION: M/Everett called the Study Session to order at 5:38 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, Tanaka, Tye (telephonically), Mayor Pro Tem Herrera, Mayor Everett. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Marsha Roa, Public Information Manager; Patrick Gallegos, Management Analyst; Joyce Lee, Sr. Management Analyst; and Tommye Cribbins, City Clerk. Also Present: Laith Ezzet, HF&H Consulting and Carolyn Anderson, Waste Management. ► UPDATE ON NEGOTIATION PROCESS WITH WASTE HAULERS — Discussion and Action. Laith Ezzet, Sr. Vice President, HF&H, took the Council through the information presented. He reported that 59% of the 70 cities that he spoke with have transfer fees that vary from as little as 2% to as much as 19% of the gross weight with the median in the area of 7, 8, 9 and 10%. The preliminary estimate for a franchise fee equivalent to the median of 10% would generate about $500,000 to $650,000 per year for the City. The other 41 % of the cities that do not have a franchise fee may have other offsetting fees. M/Everett asked if other types of fees are within the same range. Mr. Ezzet responded that they are "all over the board." Generally, they are less than the franchise fee percentages. Mr. Ezzet responding to C/Chang stated that he was correct that generally franchise fees would be passed on to the consumer. Mr. Ezzet stated that solid waste vehicles tend to have a significant impact on residential streets. A 2007 study by HF&H determined that the estimated impact to maintenance costs would be slightly in excess of $100,000 per year, similar to what the City is currently incurring. There would be a significantly lesser impact to commercial because commercial is 5 or 10% and commercial streets are typically required to handle much heavier vehicles. The City is currently paying approximately $150,000 per year for street sweeping. Some cities have chosen to fund street sweeping costs through solid waste rates under the premise that it JANUARY 20, 2009 PAGE 3 CC STUDY SESSION residents of the association and that there are other associations in the City in the same situation. ADJOURNMENT: With no further business to discuss, M/Everett adjourned the Study Session at 5:57 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of , 2009 RON EVERETT, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 20, 2009 'RA'" CLOSED SESSION: 5:00 p.m. — Room CC -8 Public Comments on Closed Session Agenda — None Offered. 00. Government Code Section 54956.9(c) Initiation of Litigation — One Case M/Everett recessed the Closed Session at 5:30 p.m. with no reportable action taken. STUDY SESSION: 00. Update on the City's Negotiation Process with Waste Haulers - Discussion and Action. Public Comments — John Rowe representing Montefino Homeowners Association. M/Everett recessed the Study Session at 5:57 p.m. CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that during tonight's Closed Session no public comments on the agenda were offered and no reportable action was taken by Council. CM/DeStefano reported that during tonight's Study Session Council received an update on the Franchise Study and Negotiation Process. City Council discussed potential fees and costs and provided commentary to staff on this ongoing process. PLEDGE OF ALLEGIANCE: Mayor Everett led the Pledge of Allegiance. INVOCATION: Ab Kastl, Associate Pastor, Diamond Canyon Christian Church gave the invocation. ROLL CALL: Council Members Wen Chang, Jack Tanaka, Mayor Pro Tem Carol Herrera and Mayor Ron Everett. Council Member Steve Tye was excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant 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; Marsha Roa, Public Information Manager; Ryan McLean, Assistant to the City Manager; Rick Yee Senior Civil Engineer; Kimberly Molina, Associate Engineer; and Tommye Cribbins, City Clerk. JANUARY 20, 2009 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 CM/DeStefano introduced Assistant Battalion Chief Greg Jones who will serve as acting Assistant Chief for the Los Angeles County Fire Department. 2. PUBLIC COMMENTS: Steve Otting, 228 EI Vado Rd., said that he and his neighbors don' want the stadium built in their back yard and that they are concerned about traffic, noise and home values. John Long, 530 Charmingdale Rd., President, D.B. Pony Baseball League, asked if it would be possible to enter into a joint use agreement to assist the League in getting lights for its fields. Registration for D.B. is down while registration in surrounding cities that offer lighted playing fields is up. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to Mr. Otting that the City is also concerned and will oppose the stadium project until all concerns are addressed. In October 2008 the City submitted more than 300 comments to the City of Industry in a 102 page document that outlined in great detail the City's concerns regarding traffic and noise as well as, concerns about lights, public safety, air quality, and the specific environmental document that Industry was utilizing for their proposed project. In February, Industry is scheduled to approve the Environmental Impact Report and consider and likely approve the project. D.B. will be at this Thursday's meeting to voice concerns, and will continue to monitor the project and abide by Council's direction on how to manage this issue to ensure that D.B. is protected. He referred to the City's website as a source of in-depth information about the actions D.B. has taken and will continue to take as this matter progresses. CM/DeStefano responded to Mr. Long that field lighting is a matter better addressed by the Parks Master Plan and that he and CSD/Rose would meet with Mr. Long regarding a possible long-term solution during the master planning of the City's parks and private facilities. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — January 22, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. JANUARY 20, 2009 PAGE 3 CITY COUNCIL 5.2 Planning Commission Meeting — January 27, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 Freeway Complex Fire Public Safety Appreciation Event — February 3, 2009 — 5:00 p.m. to 6:15 p.m., AQMD/Government Center Cafeteria, 21865 Copley Drive. 5.4 City Council Meeting — February 3, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Tanaka, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tye 6.1 CITY COUNCIL MINUTES — Regular Meeting of January 6, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of November 13, 2008. 6.3 RATIFIED CHECK REGISTER — Dated December 31, 2008 through January 14, 2009 totaling $1,413,152.64. 6.4 ADOPTED RESOLUTION NO, 2009-02: APPROVING THE APPLICATION FOR $195,681 OF LAND AND WATER CONSERVATION GRANT FUNDS, WHICH IF AWARDED, REQUIRES A $195,681 MATCH FROM THE CITY FOR THE SUMMITRIDGE PARK SOUTHERN TRAIL PROJECT. 6.5 APPROVED CONTRACT AMENDMENT NO. 2 WITH FEHR & PEERS IN THE AMOUNT OF $55,000; AND AMENDMENT NO. 3 WITH SASAKI TRANSPORTATION SERVICES IN THE AMOUNT OF $25,000 FOR PROFESSIONAL SERVICES RELATED TO THE STATE ROUTE 57160 FREEWAY CONGESTION RELIEF STRATEGY. 6.6 ADOPTED RESOLUTION NO. 2009-03: ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05 (2006). 6.7 APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF NEIL ARMSTRONG ELEMENTARY SCHOOL TO FONSECA CONSTRUCTION, INC. IN THE AMOUNT OF $46,191 AND AUTHORIZED A CONTINGENCY AMOUNT OF $11,500 JANUARY 20, 2009 PAGE 4 CITY COUNCIL FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $57,691. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang congratulated President Obama and wished him success in moving the country forward to be a leader throughout the world. D.B. has continued to host great events like the Winterfest for which the City brought in 80 tons of snow and built three snow sledding slopes at Pantera Park. He offered kudos to staff on providing another great City event. He thanked and congratulated the Friends of the Diamond Bar Library for their many years of service to the community and thanked outgoing President Tony Torng for his service and wished incoming President Rick Rogers well. C/Tanaka reported on his attendance at the City of Walnut's 50th Anniversary of Incorporation; the Winter Snowfest; ribbon -cutting ceremonies in Hawaiian Gardens for the new public library and safety center. He asked staff to revisit the possibility of reinstating the City's tree maintenance schedule on a three-year schedule. He also proposed the possibility of placing temporary lights on the D.B. Pony Baseball League field and promoting a joint use agreement between the League and the City. MPT/Herrera asked staff to place on a future City Council agenda a presentation by Foothill Transit regarding their proposal to add Pasadena as a member of the JPA Governing Board for consideration and Council action. Last week she attended the Contract Cities Legislative Conference to learn about the State's financial situation. It was a very depressing session with some legislators indicating that no matter what anyone has heard about the amount of the budget deficit, it is even greater than reported. What is even more alarming to her is the manner in which they intend to resolve the deficit of about $42-43 billion. There were many representatives from contract cities, many of whom stated that the legislators should not balance the budget on the backs of the cities. D.B. is waiting to see what decisions the State makes before proceeding with next year's budget discussions — difficult to do when the City does not know what monies it can count on. She attended the San Gabriel Valley Council of Governments meeting last week. George Hunter, Secretary from Pomona, lost his bid for re- election which left an opening on the Board and Tom King from Walnut was elected to the position. She offered her congratulations. She said that everyone was very sad to learn that Grace MacBride, wife of Dexter MacBride, former Council Member and long-time resident of D.B. suffered a massive heart attack a few weeks ago. She offered her heartfelt sympathies to Dexter. JANUARY 20, 2009 PAGE 5 CITY COUNCIL M/Everett agreed that everyone must be very mindful of the way the City spends its money to do the things that need to be done. He appreciated representing the City at various functions. Walnut's 50th Anniversary Celebration is about the people and it was a delight to be present to represent the City. The 8th Annual Snowfest was a terrific family event. He thanked everyone involved. He recognized the sponsors and volunteers. He talked about Dexter and Grace MacBride and their many accomplishments. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 7:10 p.m. in memory of Grace MacBride. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 12009. RON EVERETT, MAYOR CITY OF DIAMOND BAR Agenda No. 6.2 MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive Diamond Bar, CA 91765 NOVEMBER 20, 2008 CALL TO ORDER: Chairman Low called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Grundy led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Benny Liang, Ted Owens, Vice Chairman Lew Herndon, Chairman Ruth Low. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Alison Meyers, Community Services Coordinator, and Marisa Somenzi, Senior Administrative Assistant. SPECIAL PRESENTATION: Special presentation to Marisa Somenzi on the occasion of her leaving the City of Diamond Bar. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR VC/Herndon moved, C/Owens seconded to approve the consent calendar as submitted. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Grundy, Owens, VC/Herndon NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Liang, Chair/Low ABSENT: COMMISSIONERS: None 1.1 Approval of Minutes for the October 23, 2008 Regular Meeting. 2. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM REPORT — CSC/Meyers CSC/Meyers responded to Chair/Low that 300 individuals were expected to attend the Foundation fundraiser and that 250 of their dinners were served to evacuees that evening. NOVEMBER 20, 2008 PAGE 2 P&R COMMISSION VC/Herndon said he noticed there were 15 fewer contract classes this season over last season and wondered the reason. CSD/Rose said this question could be answered better by RS/Murphey when she returns. He said that not a significant number of classes were canceled. There are about 16 fewer classes being offered this session than were offered last year for the fall session, much of which is based on instructor availability and interest. C/Owens asked if all of the sponsors stepped up for the Winterfest and CSD/Rose responded that sponsorship is significantly less. The City usually gets $4-5,000 and the City received only $1750 this year. CSD/Rose stated that on Friday, November 28 "Who's Wedding is it Anyway" will be filming the wedding reception taking place at the Diamond Bar Center. Chair/Low asked if there was any interest in an adult soccer league and CSD/Rose responded that there were three groups that utilize soccer fields for play. The City has not offered them a league because it competes with the youth uses of the facilities. Staff intends to bring a fee resolution item to the Commission possibly in January once it has worked its way through staff. The resolution would charge as much as $50 an hour for premier facilities with lights and contain other proposed increases as well. 2.2 PARKS REPORT — PMS/Jordan C/Owens asked how the time clocks for the lights are timed for the basketball and tennis courts. PMS/Jordan responded that there are time clocks that control the tennis courts, basketball courts and sports fields that enable the lights at 4:00 p.m. The basketball court lights go off at 10:00 p.m. When the users are there they press a button on the courts to activate the lights. VC/Herndon asked if staff should be looking at security cameras for graffiti and vandalism problems at Sycamore and CSD/Rose responded that the Parks Master Plan includes such a recommendation and that staff will be proposing security cameras during the budget process for the 2009/10 FY. 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 in January. b. Trail Access at Steep Canyon at Clear Creek Canyon and at the Diamond Bar Center — the trail grand opening ceremonies were held on November 15 at Steep Canyon location with about 300 individuals in attendance. In spite of being able to see the smoke from the fire it was a great celebration with many participants NOVEMBER 20, 2008 PAGE 3 P&R COMMISSION walking the length of the trail to the Diamond Bar Center. Project fine turning continues to insure consistency with the standards for Phase III and IV. C. Storage Container Pad at Pantera Park — project completed and the storage containers will be moved on the pads in the next week or so in coordination with AYSO. Chair/Low said she noticed people helping themselves to Coyote melons along Steep Canyon Trail and wondered what could be done to prevent that kind of behavior. PMS/Jordan said they have a very strong fragrance but are not poisonous. CSD/Rose indicated that he was not sure what could be done to prevent that kind of behavior. 2.4 PARKS MASTER PLAN UPDATE CSD/Rose reported on the four hour subcommittee meeting that took place on Monday, November 17. Several sample documents have been developed by the consultant including the park plans, school plans, trail plans, and a bicycle route plan. In fact, the consultant created a foldable trail map for the opening of the Steep Canyon Trail. As the trails plan moves forward more trail detail will be compiled for a trail booklet. The Parks Master Plan is moving forward. Telephone surveys are being done at this time and the consultant expects to be finished by the middle of next week at the latest. The telephone survey will be followed by an online survey and will be online for at least a month. Staff will advise the community when the survey is available online. In addition, written surveys will be done with the senior clubs. During last night's user group meeting a presentation was made to the sports organizations. Staff plans to schedule a consultant's presentation for the Commission in the near future. 3. OLD BUSINESS: None 4. NEW BUSINESS: 4.1 DECEMBER COMMISSION MEETING VC/Herndon moved, C/Owens seconded, to go dark for the December 25 meeting and adjourn tonight's meeting to Thursday, January 22, 2009. 5. ANNOUNCEMENTS: C/Grundy thanked SAA/Somenzi and wished her well in her new ventures. He commented that Steep Canyon is a nice trail. Staff did a wonderful job and it was nice to see so many people enjoying the City's amenities. VC/Herndon said he was sorry he missed the trail opening. He was in Arizona watching his grandson and his partner win first place in the Pacific sectional skating competition. His grandson is skating at two levels below Olympic NOVEMBER 20, 2008 PAGE 4 P&R COMMISSION competition and he and his partner are ranked 5 th in the nation at their level. It was interesting to VC/Herndon that part of the commitment for going to the national event was that they attend an all day seminar to prepare them for the 2014 Olympics. VC/Herndon told SAA/Somenzi that the Commission would miss her greatly and understood there was a wedding in her future and wished her the best. C/Owens wished SAA/Somenzi the best. He commented on CSD/Rose's contribution to getting the Red Cross shelter set up during the evacuation process. CSD/Rose said that about 75 individuals spent the night at the evacuation center at D.B.H.S. on Sunday night. C/Liang thanked SAA/Somenzi for her reminders about the Commission meetings. He said he would really miss her and wished her all the best. Chair/Low expressed her heartfelt congratulations on the occasion of Marisa's upcoming wedding and wished her a wonderful life. Chair/Low hoped that SAA/Somenzi would enjoy her new position with West Coast Arborists. Chair/Low said it was wonderful to witness the community pull together in the face of the fire that threatened D.B. She was very touched by the public safety individuals and the Diamond Bar Foundation for being so creative as to offer their fundraising meals to evacuees. She thanked staff for their hard work and wished everyone happy holidays. ADJOURNMENT: VC/Herndon moved, C/Owens seconded, to adjourn the meeting to January 22, 2009 at 8:00 P.M. With no further business before the Parks & Recreation Commission, Chair/Low adjourned the meeting at 7:49 p.m. Respectfully Submitted, /s/ Bob Rose BOB ROSE, SECRETARY Attest: /s/ Ruth Low Chairman Ruth Low CITY COUNCIL Agenda # 6-1 Meeting Date: February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma XP TITLE: Ratification of Check Register da d January 15, 2009 through January 28, 2009 totaling $1,698,947.49. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,698,947.49 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated January 15, 2009 through January 28, 2009 for $1,698,947.49 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: Financ6 Director Assistant City Mana er Attachments: Affidavit and Check Register — 01/15/09 through 01/28/09. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated January 15, 2009 through January 28, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,394,028.43 Com Org Support Fund 300.00 Prop A - Transit Fund 107,235.69 Prop C - Transit Fund 5,230.38 Int. Waste Mgt Fund 5,420.17 Park & Facility Development Fd 10,186.40 CDBG Fund 5,592.53 LLAD 38 Fund 10,153.64 LLAD 39 Fund 11,949.47 LLAD 41 Fund 4,330.14 Capital Improvement Project Fund 144,520.64 $1,698,947.49 Signed: Lirida G. Maghuigon Finance Director City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/22/2009 09 -PP 02 PAYROLL TRANSFER P/R TRANSFER-09/PP 02 125 10200 980.03 $165,144.21 1/22/2009 83461 PAYROLL TRANSFER P/R TRANSFER-09/PP 02 001 10200 155,254.60 $920.00 1/22/2009 PAYROLL TRANSFER P/R TRANSFER -09/13P 02 112 10200 4,651.71 1/22/2009 83462 PAYROLL TRANSFER P/R TRANSFER-09/PP 02 115 10200 3,257.87 $30.00 1/15/2009 83458 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 06-524 001 23012 1,130.00 $3,842.68 1/15/2009 ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING -SEPT 08 0015510 R44000 893.89 1/15/2009 83461 ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING -SEPT 08 1135553 44000 1,818.79 $920.00 1/15/2009 83459 ALLIANT INSURANCE SERVICES INC SPCL EVENT INS-W/SNOW FST 0015350 45300 530.25 $11,129.89 1/15/2009 1ALLIANT INSURANCE SERVICES INC SPECIAL EVENT INS -OCT -DEC 001 1 23004 1 10,599.64 1/15/2009 1 83460 JAMSTAR EXPRESS ICOURIER SVCS -FINANCE 0014050 1 44000 1 83.151 $83.15 1/15/2009 ARCHITERRA DESIGN GROUP INC CONSTRUCTION-SYC CYN PK 2505310 1 R46415 4,096.00 1/15/2009 1 83461 JAPPLEONE EMPLOYMENT SERVICES ITEMP SVCS -WK 12/20 0014030 1 44000 1 920.001 $920.00 1/15/2009 1 83462 JAPRIL I BATSON JCPRS CONF-JAN 15 0015350 1 42325 1 30.001 $30.00 1/15/2009 1 83463 ARCHITERRA DESIGN GROUP INC CONSTRUCTION-SYC CYN PK 2505310 R4641518.58 10.811 $4,114.58 1/15/2009 ARCHITERRA DESIGN GROUP INC CONSTRUCTION-SYC CYN PK 2505310 1 R46415 4,096.00 1/15/2009 1 83464 JARROWHEAD JEQ RENTAL -DBC 1 0015333 1 42130 1 10.811 $10.81 1/15/2009 BRUNDIGE GLASS SUPPLIES -COMM SVCS 0015340 1 41200 39.48 1/15/2009 1 83465 ILAKSHMI BHUPATHIRAJU IRECREATION REFUND 001 1 34740 1 79.001 $79.00 1/15/2009 83466 BRUNDIGE GLASS SUPPLIES -COMM SVCS 0015340 41200 37.98 $77.46 1/15/2009 BRUNDIGE GLASS SUPPLIES -COMM SVCS 0015340 1 41200 39.48 1/15/2009 1 83467 ICA PARKS & REG SOC -DIS XIII JCPRS MTG-REC STAFF 1 0015350 1 42325 1 275.001 $275.00 1/15/2009 1 83468 JCDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 50.64 $135.65 1/15/2009 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 1 41200 85.01 1/15/2009 1 83469 IMARY CHENG IFACILITY REFUND -DBC 1 001 1 23002 1 300.001 $300.00 1/15/2009 1 83470 ICITY OF ANAHEIM EXCURSION -DAY CAMP 1 0015350 1 42410 1 30.001 $30.00 Page 1 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/15/2009 1/15/2009 83471 COUNTRY GARDEN CATERERS INC COUNTRY GARDEN CATERERS INC EMP APPRCTN DINNER -DEC EMP APPRCTN DINNER -DEC 0014090 0014090 42325 42325 6,772.75 351.81 $7,124.56 1/15/2009 1 83472 ICTS LANGUAGE LINK ITRANSLATION SVCS -COM DEV 0015210 1 44220 1 710.601 $710.60 1/15/2009 83473 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -DEC 08 0015220 45201 18,556.07 $52,779.98 1/15/2009 1 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -DEC 08 0015220 45201 4,688.14 1/15/2009 83475 D & J MUNICIPAL SERVICES INC NGHBRHD IMP SVCS-NOV 08 0015230 45213 6,350.00 $100.00 1/15/2009 D & J MUNICIPAL SERVICES INC NGHBRHD IMP SVCS -DEC O8 0015230 45213 5,000.00 1/15/2009 83476 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS-NOV 08 0015220 45201 18,185.77 $1,514.64 1/15/2009 1 83474 IDIAMOND BAR HIGH SCHOOL COMM ORG FUND -TEE SPNSR 0114010 1 42355 1 100.001 $100.00 1/15/2009 1 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -PALOMINO 2505510 46412 10,965.00 1/15/2009 1 83475 ICAROL DENNIS PROF.SVCS-CC MTG 1/6 0014030 1 44000 1 100.001 $100.00 1/15/2009 DMS CONSULTANTS CIVIL ENGINEERS INC MEDIAN PROJ-PATHFINDER 2505510 46420 6,606.25 1/15/2009 1 83476 IDEPT OF TRANSPORTATION jTRFFC MAINT-NOV 08 0015554 1 45507 1 1,514.641 $1,514.64 1/15/2009 83477 DMS CONSULTANTS CIVIL ENGINEERS INC MEDIAN PROJ-PATHFINDER 2505510 46420 300.00 $22,196.25 1/15/2009 1 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -PALOMINO 2505510 46412 10,965.00 1/15/2009 83479 DMS CONSULTANTS CIVIL ENGINEERS INC MEDIAN PROJ-PATHFINDER 2505510 46420 4,325.00 $1,350.00 1/15/2009 DMS CONSULTANTS CIVIL ENGINEERS INC MEDIAN PROJ-PATHFINDER 2505510 46420 6,606.25 1/15/2009 1 83478 JEDUCATION TO GO ICONTRACT CLASS -FALL 1 0015350 1 45320 110.00 $110.00 1/15/2009 1 GROUP DELTA CONSULTANTS INC INSPECTION SVCS-SUMMITRDG 2505310 1 R46415 1 95.00 1/1512009 1 83479 IGO LIVE TECHNOLOGY INC ICITY VIEW PROJ-WK 12/26 1 0014070 1 R44000 1 1,350.001 $1,350.00 1/15/2009 83480 GROUP DELTA CONSULTANTS INC INSPECTION SVCS -STEEP CYN 2505310 R46415 1,662.50 $1,757.50 1/15/2009 1 GROUP DELTA CONSULTANTS INC INSPECTION SVCS-SUMMITRDG 2505310 1 R46415 1 95.00 1/1512009 83481 HALL & FOREMAN, INC. PROF.SVCS-EN 04-459 001 23012 805.37 $1,859.39 1/15/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-459 001 23012 201.34 1/1512009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-459 001 34650 -201.34 1/1512009 HALL & FOREMAN, INC. PROF SVCS -EN 05-500 001 23012 307.77 1/15/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 05-500 001 23012 76.94 1/1512009 HALL & FOREMAN, INC. ADMIN FEE -EN 05-500 001 34650 -76.94 1/15/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 07-559 001 23012 420.00 Page 2 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/15/2009 83481... HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 23012 105.00 $1,859.39 ... 1/15/2009 83483 HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 34650 -105.00 $784.00 1/15/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 07-595 001 23012 281.25 1/15/2009 83484 HALL & FOREMAN, INC. ADMIN FEE -EN 07-595 001 23012 70.31 $1,118.00 1/15/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-595 001 34650 -70.31 1/15/2009 HALL & FOREMAN, INC. PROF SVCS -EN 01-321 001 23012 45.00 1/15/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 23012 11.25 1/15/2009 HALL & FOREMAN, INC. JADMIN FEE -EN 01-321 001 34650 -11.25 1/15/2009 1 83482 IHARDY & HARPER INC ISIDEWALK MAINT-OCT 08 1 0015554 1 45504 1 41,572.501 $41,572.50 1/15/2009 1 INSTITUTE FOR LOCAL GOVERNMENT ITRNG CERTS-COUNCIL 0014010 1 42325 20.00 1/15/2009 1 83483 JINDUSTRIAL CLERICAL RECRUITERS INC ITEMP SVCS -WK 1/02 1 0015510 1 44000 1 784.001 $784.00 1/15/2009 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS DEC 0014020 44020 3,471.00 1/15/2009 1 83484 JINLAND EMPIRE STAGES TRANSPRTN-ROSE PARADE 1 1125350 1 45310 1 1,118.001 $1,118.00 1/15/2009 83485 INSTITUTE FOR LOCAL GOVERNMENT TRNG CERTS-COUNCIL 0014010 42325 20.00 $40.00 1/15/2009 1 INSTITUTE FOR LOCAL GOVERNMENT ITRNG CERTS-COUNCIL 0014010 1 42325 20.00 1/15/2009 1 83486 1INTERNATIONAL PAVING SOLUTIONS CONSTRUCTION-PANTERA 1 250 1 20300 1 1,426.601 $1,426.60 1/15/2009 JENKINS & HOGIN, LLP GEN LEGAL SVCS -DEC 08 0014020 44020 4,912.80 1/15/2009 1 83487 JINTERNATiONAL PROTECTIVE SVCS INC. ICROSSING GUARD SVCS -DEC 0014411 1 45410 1 9,424.801 $9,424.80 1/15/2009 83488 JENKINS & HOGIN, LLP LEGAL SVCS -FINANCE DEC 0014020 44020 17.80 $8,739.80 1/15/2009 JENKINS & HOGIN, LLP GEN LEGAL SVCS -DEC 08 0014020 44020 4,912.80 1/15/2009 83490 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV DEC 0014020 44020 338.20 $3,320.00 1/15/2009 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS DEC 0014020 44020 3,471.00 1/15/2009 1 83489 ILA DATA SECURITY CORP JDATA STORAGE SVCS -DEC 0014070 T 45000 640.001 $640.00 1/15/2009 JL�LLEY LLLEY PLANNING GROUP INC PROF.SVCS-ECON DEV NOV 0015210 44250 570.00 1/15/2009 1 83490 ILAE ASSOCIATES INC JENGINEERING SVCS -DEC 0015551 1 45222 1 3,320.001 $3,320.00 1/15/2009 1 83491 1JEANIE LAM IRECREATION REFUND 1 001 1 34740 1 79.001 $79.00 1/15/2009 83493 PLANNING GROUP INC PROF.SVCS-COM DEV NOV 0015210 44250 2,280.00 $13,257.50 1/15/2009 JL�LLEY LLLEY PLANNING GROUP INC PROF.SVCS-ECON DEV NOV 0015210 44250 570.00 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-ECON DEV NOV 0015210 44250 2,470.00 Page 3 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/15/2009 83493... LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-337 001 23010 665.00 $13,257.50 ... 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 23010 119.70 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 34430 -119.70 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2006-200 001 23010 190.00 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2006-200 001 23010 34.20 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2006-200 001 34430 -34.20 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-326 001 23010 1,140.00 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 23010 205.20 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 34430 -205.20 1/1512009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-333 001 23010 522.50 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 23010 94.05 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 34430 -94.05 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-166 001 23010 47.50 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-166 001 23010 8.55 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-166 001 34430 -8.55 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-147 001 23010 142.50 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 23010 25.65 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 34430 -25.65 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-335 001 23010 190.00 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-335 001 23010 34.20 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-335 001 34430 -34.20 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-305 001 23010 95.00 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-305 001 23010 17.10 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-305 001 34430 -17.10 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 190.00 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 34.20 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -34.20 1/15/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 2,018.75 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 363.38 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -363.38 1/1512009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-274 001 23010 997.50 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 23010 179.55 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 34430 -179.55 1 /1 512 009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-327 001 23010 1,330.00 1/1512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-327 001 2301 D 239.40 Page 4 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/15/2009 83493... LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-327 001 34430 -234.40 $13,257.50 ... 1/15/2009 83503 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-259 001 23010 403.75 $1,590. D0 1/15/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 23010 72.68 1/15/2009 ILILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 1 34430 1 -72.68 1/15/2009 1 83494 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -CLICK IT 0014411 45402 3,781.23 $372,709.11 1/15/2009 1 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -OCT 08 0014411 1 45401 368,927.88 1 1/15/2009 1 83495 IWILLIAM MARTINEZ FACILITY REFUND -DBC 1 001 136615 1 400.001 $400.00 1/15/2009 83496 MATLOCK ASSOCIATES INC PROF.SVCS-PKS MASTER PLN 1245310 R44300 8,260.00 $10,186.40 1/15/2009 1 MATLOCK ASSOCIATES INC PROF.SVCS-PKS MASTER PLN 1245310 R44300 1,000.00 1 1/15/2009 83503 MATLOCK ASSOCIATES INC ADDL SVCS -PK MASTER PLN 1245310 R44300 926.40 $1,590. D0 1/15/2009 1 83497 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 159.44 $259.68 1/15/2009 1 MINUTEMAN PRESS R & D BLUEPRINT IPRINT SVCS-P/WORKS 0015510 1 42110 1 100.24 1 1/15/2009 1 83498 IPATRICK MONTOYA ICONTRACT CLASS -FALL 1 0015350 1 45320 1 92.401 $92.40 1/15/2009 83499 NABIH RETENTION PAYABLE F250 20300 -1,251.58 $11,264.19 1/15/2009 1 JEMAD EMAD NABIH CONSTRUCTION -STEEP CYN 2505310 R46415 12,515.771 1 1/15/2009 83500 NASIR FACILITY REFUND -DBC 00123002 R46411 500.00 $428.00 1/15/2009 1 JALI ALI NASIR FACILITY REFUND -DBC Fool 1 36615 -72.00 1 1 1/15/2009 1 83501 INORRIS REPKE INC SLURRY SEAL -AREA 4 2505510 R46411 7,800.00 $10,834.06 1/15/2009 NORRIS REPKE INC SLURRY SEAL -AREA 4 2505510 1 R46411 3,034.06 1 1 1/15/2009 1 83502 JOLYMPIC STAFFING SERVICES ITEMP SVCS -COMM SVCS 0015310 44000 317.761 $317.76 1/15/2009 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 472.51 1/15/2009 1 83503 IPERS RETIREMENT FUND FY 08/09-ADDL SURVIOR BNF 001 21109 1,590.001 $1,590. D0 1/15/2009 83504 PRINCE SHANT CORP FUEL-NGHBRHD IMP 0015230 42310 45.59 $707.35 1/15/2009 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 472.51 1/15/2009 PRINCE SHANT CORP FUEL -COMM SVCS 0015310 42310 131.75 1/15/2009 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 57.50 Page 5 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 1 Amount Total Check Amount 1/15/2009 83505 PUBLIC SAFETY TECHNOLOGIES INC REPAIR SVCS -ROAD MAINT 0015554 42200 67.50 $67.50 1/15/2009 1 83506 IQUEST SOFTWARE INC IMAINT RENEWAL -3/09-3/10 0014070 1 42205 1 210.321 $210.32 1/15/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 186.27 1/15/2009 1 83507 IQUICK CRETE PRODUCTS CORP IRECYCLE CANS -PETERSON PK 1155516 1 41200 1 2,068.661 $2,068.66 1/15/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 36.17 1/15/2009 1 83508 ISCMAF AD -HIR 1 0015350 1 45300 1 75.00 $75.00 1/15/2009 ISOUTHERN CALIFORNIA EDISON JELECT SVCS -DIST 39 1 1395539 1 42126 338.52 1/15/2009 1 83509 ISCMAF IMEMBERSHIP DUES 0015350 1 42315 1 210.001 $210.00 1/15/2009 1 83510 ISCIPMA HR IMEMBERSHIP DUES-DOYLE 0014030 1 42315 1 65.001 $65.00 1/15/2009 1 83511 ISECTRAN SECURITY INC. ICOURIER SVCS -JAN 09 0014090 1 44000 1 299.731 $299.73 1/15/2009 1 83512 ISMART & FINAL SUPPLIES -TINY TOTS 0015350 1 41200 1 158.121 $158.12 1/15/2009 83513 SOUTHERN CALIFORNIA EDISON ELECT SVCS-P/WORKS 0015510 42126 215.97 $5,915.58 1/15/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 186.27 1/15/2009 83515 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,691.09 $15.00 1/15/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 36.17 1/15/2009 83516 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 447.56 $352.72 1/15/2009 ISOUTHERN CALIFORNIA EDISON JELECT SVCS -DIST 39 1 1395539 1 42126 338.52 1/15/2009 1 83514 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-336 123010 1 270.501 $270.50 1/1512009 1 83515 ITHREE VALLEYS MUNICIPAL WATER DIST MTG-COUNCIL 1 0014010 1 42325 1 --15.001 $15.00 1/15/2009 1 83516 ITIME WARNER INTERNET SVCS-JAN/FEB 1 0014070 1 44030 1 352.721 $352.72 1/15/2009 1 83517 ITIME WARNER IMODEM SVCS -COUNCIL 1 0014010 1 42130 1 46.951 $46.95 1/15/2009 1 83518 JUCN INC ILONG DIST SVCS -DEC 08 1 0014090 1 42125 1 52.76 $52.76 1/15/2009 1 83519 JUNITED PARCEL SERVICE 1EXPRESS SVCS -GENERAL 0014090 1 42120 1 14.891 $14.89 1/15/2009 1 83520 JUSBANK SUPPLIES -COMM SVCS 0015350 1 41200 1 151.95 $8,888.85 1/15/2009 US BANK 1PROF.SVCS-CAFR 0014050 44000 270.63 Page 6 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/15/2009 83520... US BANK LEAGUE CONF-COUNCIL 0014010 42330 525.00 $8,888.85 ... 1/15/2009 US BANK LEAGUE CONF-COUNCIL 0014010 42330 309.00 1/15/2009 US BANK MTGS-CMGR 0014030 42325 81.93 1/15/2009 US BANK AGING CONF-L MEYER 0015310 42330 157.00 1/15/2009 US BANK SUPPLIES -COMM SVCS 0015350 41200 124.25 1/15/2009 US BANK SUPPLIES -DBC 0015333 41200 143.53 1/15/2009 US BANK SUPPLIES-P/WORKS 0015510 41200 43.46 1/15/2009 US BANK ENG STAMP -R YEE 0015510 41200 30.67 1/15/2009 US BANK SUPPLIES -SR DANCE 0015350 41200 66.87 1/15/2009 US BANK PUBLICATIONS-C/CLERK 0014030 42320 60.00 1/15/2009 US BANK CALPELRA CONF-H/R 0014060 42330 1,000.00 1/15/2009 US BANK MEMO CREDIT-CALPELRA 0014060 42330 -644.98 1/15/2009 US BANK A/C MAINT-I.T. 0014070 42210 420.00 1/15/2009 US BANK SUPPLIES -COMM SVCS 0015350 41200 465.57 1/15/2009 US BANK SUPPLIES -GENERAL 0014090 41200 550.76 1/15/2009 US BANK MEMBERSHIP DUES -D LIU 0015510 42315 250.00 1/15/2009 US BANK LEAGUE CONF-R YEE 0015510 42325 510.00 1/15/2009 US BANK LEAGUE CONF-D LIU 0015510 42325 510.00 1/15/2009 US BANK FUEL -COMM SVCS 0015310 42310 119.77 1/15/2009 US BANK EQ MAINT-COMM SVCS 0015310 42200 32.45 1/15/2009 US BANK COMP MAINT-I.T. 0014070 42205 2,148.96 1/15/2009 US BANK FUEL -COMM SVCS 0015310 42310 168.01 1/15/2009 US BANK SUPPLIES -DBC 0015333 41200 361.55 1/15/2009 US BANK SUPPLIES -COMM SVCS 0015350 41200 274.40 1/15/2009 US BANK SUPPLIES-P/INFO 0014095 41200 95.32 1/15/2009 US BANK CABINETS-P/INFO 0014095 45220 394.14 1/15/2009 JUS BANK 1DVDfVHS COPIER-P/INFO 1 0014095 46250 268.61 1/15/2009 83521 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 87.94 $937.43 1/15/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 52.07 1/15/2009 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 109.86 1/15/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 599.62 1/15/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 87.94 1/15/2009 1 83522 IWELLS FARGO BANK I REWARD-SYC CYN PK 0014411 1 42361 1 1,000.001 $1,000.00 Page 7 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 1/22/2009 83524 ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING-NOV 08 1135553 44000 3,411.59 Check Date Check Number Vendor Name ADVANTEC,CONSULTING ENGINEERS INC Transaction Description 2505510 Fund/ Dept Acct # Amount Total Check Amount 83528 ADVANTEC CONSULTING ENGINEERS INC CONSTRUCTION-TRFFC SGNL 2505510 R46412 1,333.34 $48.00 $140.00 1/20/2009 1 83523 ICAROL A HERRERA IPER DIEM -LEAGUE MTG 0014030 1 42330 1 140.001 1/22/2009 83524 ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING-NOV 08 1135553 44000 3,411.59 $7,411.59 1/22/2009 ADVANTEC,CONSULTING ENGINEERS INC CONSTRUCTION-TRFFC SGNL 2505510 R46412 1,333.34 1/22/2009 83528 ADVANTEC CONSULTING ENGINEERS INC CONSTRUCTION-TRFFC SGNL 2505510 R46412 1,333.34 $48.00 1/22/2009 ADVANTEC CONSULTING ENGINEERS INC CONSTRUCTION-TRFFC SGNL 2505510 R46412 1,333.32 1/22/2009 1 83525 JAGRICULTURAL. COM WGHTS & MEASURES ICOYOTE CONTROL SVCS-NOV 1 0014431 1 45406 1 550.10 $550.10 1/22/2009 83526 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 103.91 $1,230.75 1/22/2009 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 204.58 1/22/2009 83528 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 139.64 $48.00 1/22/2009 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 528.24 1/22/2009 83529 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 254.38 $85.00 1/22/2009 1 83527 JAMERITECH BUSINESS SYSTEMS INC ICOPIER MAINT-DEC 08 1 0014090 1 42100 1 577.811 $577.81 1/22/2009 BEST LIGHTING PRODUCTS LIGHTING MAINT-REAGAN 0015340 42210 161.58 1/22/2009 1 83528 BENESYST JADMIN FEE 1 0014060 1 42346 1 48.00 $48.00 1/22/2009 1 83529 IBENESYST IFLEX ADMIN SVCS -3RD QTR 0014060 1 42346 1 85.00 $85.00 1/22/2009 1 83530 IBENESYST 1/23/06-P/R DEDUCTIONS 1 001 1 21105 1 787.22 $787.22 1/22/2009 83531 BEST LIGHTING PRODUCTS LIGHTING MAINT-PANTERA 0015340 42210 368.20 $1,172.86 1/22/2009 BEST LIGHTING PRODUCTS LIGHTING MAINT-REAGAN 0015340 42210 161.58 1/22/2009 83533 BEST LIGHTING PRODUCTS LIGHTING MAINT-DBC 0015333 41200 643.08 $10.00 1/22/2009 1 83532 jBSN SPORTS CORP SUPPLIES -COMM SVCS 1 0015350 1 41200 1 922.49 $922.49 1/22/2009 1 83533 ICAPITAL CONSTRUCTION REFUND -BUS LICENSE 001 1 34560 1 10.001 $10.00 1/22/2009 1 83534 1 CAROL A HERRERA REIMB-CCCA LEGIS CONF 0014010 1 42330 1 34.091 $34.09 1/22/2009 1 83535 ICOMMUNITY DEVELOPMENT COMMISSION IHIP PROG-OVERPAYMNT 1 0014090 1 44000 1 350.00 $350.00 1/22/2009 1 83536 JCSMFO JCSMFO CONF-SUSAN FULL 1 0014050 1 42330 1 55.001 $55.00 Page 8 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/22/2009 83537 D & J MUNICIPAL SERVICES INC PROF.SVCS-INSPECTION 0015310 44000 180.00 $3,525.00 1/22/2009 D & J MUNICIPAL SERVICES INC PROF.SVCS-INSPECTIONS 2505310 R46415 720.00 1/22/2009 83539 D & J MUNICIPAL SERVICES INC PROF.SVCS-INSPECTIONS 2505310 R46415 750.00 $160.00 1/22/2009 D & J MUNICIPAL SERVICES INC PROF.SVCS-INSPECTIONS 2505310 R46415 1,875.00 1/22/2009 1 83538 DAPEER ROSENBLIT & LITVAK LLP ILEGAL SVCS -DEC 08 0014020 1 44023 1 1,231.55 $1,231.55 1/22/2009 DFS FLOORING CORP MAINT-PANTERA 0015340 42210 385.00 1/22/2009 1 83539 DEPARTMENT OF JUSTICE PRE-EMPLOYMENT FNGRPNT 0014060 1 42345 1 160.00 $160.00 1/22/2009 83540 DFS FLOORING CORP MAIN -DBC 0015333 42210 1,085.00 $1,855.00 1/22/2009 DFS FLOORING CORP MAINT-PANTERA 0015340 42210 385.00 1/22/2009 DFS FLOORING CORP MAINT-HERITAGE PK 0015340 42210 385.00 1/22/2009 83541 DH MAINTENANCE JANITORIAL SVCS -DBC 0015333 45300 12,250.83 $12,986.00 1/22/2009 �DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 1 735.17 1/22/2009 1 83542 JDAMOND BAR CHINESE AMERICAN ASSN CITY BOOTH -NEW YEAR CELEB 1 0114010 1 42355 1 200.00 $200.00 1/22/2009 83543 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 80.93 $140.23 1/22/2009 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 12.99 1/22/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 46.31 1/22/2009 83544 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 109.00 $451.98 1/22/2009 DIAMOND BAR MOBIL FUEL-NGHBRHD IMP 0015230 42310 189.06 1/22/2009 DIAMOND BAR MOBIL VEH MAINT-POOL VEH 0014090 42200 153.92 1/22/2009 83545 DIANA CHO & ASSOCIATES PROF.SVCS-CDBG OCT 1255215 44000 1,275.00 $4,612.50 1/22/2009 DIANA CHO & ASSOCIATES PROF.SVCS-CDBG NOV 1255215 44000 1,612.50 1/22/2009 DIANA CHO & ASSOCIATES PROF.SVCS-CDBG DEC 1255215 44000 1,725.00 1/22/2009 83546 DIVERSIFIED PARATRANSIT INC MEMO CREDIT-NOV 08 1125553 45529 -2,866.77 $44,067.98 1/22/2009 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE-NOV 08 1125553 45529 40,764.68 1/22/2009 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE -12/16-12/31 1125553 45315 3,074.39 1/22/2009 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE -12/1-12/15 1125553 45315 2,735.43 1/22/2009 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE -11/16-11/30 1125553 45315 360.25 Page 9 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount Total Check Amount 1/22/2009 1/22/2009 83547 DUNN'S FENCE COMPANY DUNN'S FENCE COMPANY TEMP FENCE -PETERSON PK TEMP FENCE -PETERSON PK 0015340 0015340 42210 42210 2,000.00 2,000.00 $4,000.00 1/22/2009 83548 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 9,428.06 $25,352.88 1/22/2009 1 IFEHR EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 1/22/2009 83556 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 $850.00 1/22/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 170.00 1/22/2009 83549 EXTERMINETICS OF SO CAL INC PEST CONTROL - DBC 0015333 45300 40.00 $205.00 1/22/2009 1 IFEHR EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON 0015340 42210 50.00 1/22/2009 83556 EXTERMINETICS OF SO CAL INC PEST CONTROL -HERITAGE PK 0015340 42210 40.00 $850.00 1/22/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL- DBC 0015333 45300 75.00 1/22/2009 83550 FEHR & PEERS EXPRESS MAIL -GENERAL 0014090 1 42120 1 155.21 $183.84 1/22/2009 1 IFEHR IFEDEX FEDEX EXPRESS MAIL -FPL 2002-09 001 23010 28.63 1/22/2009 1 83551 FEHR & PEERS TRANS PLNG-NFL STADIUM 0015551 1 45222 1 6,857.50 $19,721.07 1/22/2009 1 IFEHR & PEERS TRANS PLNG-NFL STADIUM 0015551 1 45222 1 12,863.57 1/22/2009 1 83552 IGABRIELA FIALLO IFACILITY REFUND -DBC 1 001 1 23002 1 50.001 $50.00 1/22/2009 83553 IFOOTHILL BUILDING MATERIALS INC SUPPLIES -SAND BAGS 0014440 1 41200 337.74 $571.56 1/2212009 FOOTHILL BUILDING MATERIALS INC SUPPLIES -SAND BAGS 0014440 1 41200 233.82 1/22/2009 83554 FOOTHILL TRANSIT FOOTHILL PASSES -DEC 08 1125553 45535 13,285.00 $53,835.00 1/22/2009 FOOTHILL TRANSIT CITY SUBSIDY -JAN 09 1125553 45533 4,175.00 1/22/2009 83556 FOOTHILL TRANSIT FOOTHILL PASSES -JAN 09 1125553 45535 13,285.00 $850.00 1/22/2009 FOOTHILL TRANSIT CITY SUBSIDY -DEC 08 1125553 45533 4,175.00 1/22/2009 83557 FOOTHILL TRANSIT CITY SUBSIDY-NOV 08 1125553 45533 4,475.00 $5,200.00 1/22/2009 FOOTHILL TRANSIT FOOTHILL PASSES-NOV 08 1125553 45535 14,440.00 1/22/2009 83555 IPAUL GHOTRA IFACILITY REFUND -DBC 1 001 1 23002 1 500.001 $500.00 1/22/2009 83556 JGOVPARTNER IREQUEST PARTNER HOSTING 0014070 1 44030 1 850.001 $850.00 1/22/2009 83557 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL -DEC 08 0015230 1 45520 1 5,200.001 $5,200.00 Page 10 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date 1 Check Number Vendor Name Transaction Description Fund/ Dept 1 Acct # Amount Total Check Amount 1/22/2009 83558 HARDY & HARPER INC STRIPING MAINT-WASHINGTON 0015554 45506 1 7,800.00 $7,800.00 1/22/2009 1 83559 HASLER INC EQ RENTAL -POSTAGE MACHINE 0014090 1 42121 1 146.14 $146.14 1/22/2009 1 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -FEB 0014431 45403 1 1,250.00 1/22/2009 1 83560 IHOME DEPOT CREDIT SERVICES SUPPLIES -COMM SVCS 0015350 1 41200 1 171.681 $171.68 1/22/2009 KENS HARDWARE SUPPLIES -GENERAL 0015333 41200 400.57 1/22/2009 1 83561 INDUSTRIAL CLERICAL RECRUITERS INC ITEMP SVCS-P/WKS WK 1/9 0015510 1 44000 1 924.881 $924.88 1/22/2009 1 83562 JINLAND VALLEY DAILY BULLETIN I LEGAL AD -FPL 2008-320 1 001 1 23010 1 331.25 $331.25 1/22/2009 1 83563 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL -FEB 09 0014431 45403 8,523.08 $9,773.08 1/22/2009 1 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -FEB 0014431 45403 1 1,250.00 1/22/2009 1 83564 IJ P NOLAN CO SUPPLIES -COMM SVCS 1 0015350 1 41200 1 1,215.221 $1,215.22 1/22/2009 1 83565 IKEITH JOHNSON ENTRTMNT-VALENTINE DANCE 1 0015350 1 45300 1 350.00 $350.00 1/22/2009 83566 KENS HARDWARE SUPPLIES -COMM SVSC 0015310 42200 13.50 $748.73 1/22/2009 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 61.83 1/22/2009 83568 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 272.83 $1,993.00 1/22/2009 KENS HARDWARE SUPPLIES -GENERAL 0015333 41200 400.57 1/22/2009 1 83567 ITINA KIM IRECREATION REFUND 1 001 1 34780 1 83.00 $83.00 1/22/2009 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-304 001 34430 -21.38 1/22/2009 1 83568 IKOACORPORATION DESIGN SERVICES-NTMP 1 2505510 1 R46412 1 1,993.00 $1,993.00 1/22/2009 1 83569 ILA HABRA FENCE CO INC SUPPLIES-PANTERA 1 0015340 1 42210 1 17.241 $17.24 1/22/2009 1 83570 ILAUREL A MEYER REIMB-COMM SVCS MTG 1 0015350 1 42325 1 7.001 $7.00 1/22/2009 83571 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-304 001 23010 21.38 $118.75 1/22/2009 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-304 001 34430 -21.38 1/22/2009 83574 LDM ASSOCIATES INC. PROF.SVCS-FPL 2008-304 001 23010 118.75 $10,450.00 1/22/2009 1 83572 JKWANG HO LEE JPLNG COMM -1/13 1 0015210 1 44100 1 65.001 $65.00 1/22/2009 1 83574 ILILLEY PLANNING GROUP INC PROF.SVCS-PLNG DEC 1 0015210 1 44250 1 855.001 $10,450.00 Page 11 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/22/2009 83574... LILLEY PLANNING GROUP INC PROF.SVCS-PLNG DEC 0015210 44250 1,235.00 $10,450.00 ... 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG DEC 0015210 44250 332.50 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-341 001 23010 760.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 23010 136.80 1122/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 34430 -136.80 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-337 001 23010 95.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 23010 17.10 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 34430 -17.10 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-09 001 23010 95.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 23010 17.10 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 34430 -17.10 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-147 001 23010 475.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 23010 85.50 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 34430 -85.50 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-63 001 23010 95.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-63 001 23010 17.10 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-63 001 34430 -17.10 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-331 001 23010 380.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-331 001 23010 68.40 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-331 001 34430 -68.40 1122/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-326 001 23010 855.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 23010 153.90 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 34430 -153.90 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-145 001 23010 712.50 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 23010 128.25 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 34430 -128.25 1/2212009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-274 001 23010 760.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 23010 136.80 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 34430 -136.80 1/2212009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 1,140.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 205.20 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -205.20 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-340 001 23010 1,045.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-340 001 23010 188.10 1/22/2009 LILLEY PLANNING GROUP INC JADMIN FEE -FPL 2008-340 1 001 34430 -188.10 Page 12 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/22/2009 83574... LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-333 001 23010 1,140.00 $10,450.00 ... 1/22/2009 83581 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 23010 205.20 $400.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 34430 -205.20 1/22/2009 83582 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-259 001 23010 95.00 $83.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 23010 17.10 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 34430 -17.10 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-305 001 23010 95.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-305 001 23010 17.10 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-3D5 001 34430 -17.10 1/22/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 285.00 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 51.30 1/22/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -51.30 1/22/2009 83575 LOS ANGELES COUNTY MTA CITY SUBSIDY -JAN 08 1125553 45533 807.10 $3,563.00 1/22/2009 1 LOS ANGELES COUNTY MTA MTA PASSES -JAN 08 1 1125553 45535 1 2,755.90 1/22/2009 1 83576 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-DEC 0015340 42210 145.89 $472.46 1/22/2009 1 LOS ANGELES COUNTY PUBLIC WORKS TRFFC SIGNAL MAINT-NOV 0015554 45507 1 1 326.57 1/22/2009 83577 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -DEC 08 0014411 45401 424,980.90 $425,558.73 1/22/2009 1 LOS ANGELES COUNTY SHERIFF'S DEPT. CLICK IT OR TICKET -DEC 08 0014411 45402 577.83 1 1/22/2009 1 83578 IMAINTENANCE SUPERINTENDENTS ASSN IMEMBERSHIP DUES-GARCIA 1 0015551 1 42315 1 75.001 $75.00 1/22/2009 83579 MCE CORPORATION SIGNS & STRIPING MAINT-DE 0015554 45506 457.32 $19,875.90 1/22/2009 MCE CORPORATION VEGETATION CONTROL -DEC 0015558 45508 10,070.36 1/22/2009 83581 MCE CORPORATION ROAD MAINTENANCT-DEC 0015554 45502 7,213.78 $400.00 1/22/2009 MCE CORPORATION RIGHT-OF-WAY MAINT-DEC 0015554 45522 1,073.82 1/22/2009 83582 MCE CORPORATION STORM DRAIN MAINT-DEC 0015554 45512 1,060.62 $83.00 1/22/2009 1 83580 IMOBILE RELAY ASSOCIATES INC IREPEATER SVCS -JAN 09 1 0014440 1 42130 1 78.751 $78.75 1/22/2009 1 83581 IMUNICIPAL CODE CORPORATION JANNUAL CODE -JAN 09 0014030 1 44000 1 400.001 $400.00 1/22/2009 1 83582 INATALIE TOBON REIMB-FPL 2005-145 1 001 1 23010 1 83.001 $83.00 Page 13 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/22/2009 83583 STEVE G NELSON PLNG COMM -1/13 0015210 44100 1 65.00 $65.00 1/22/2009 1 83584 JNEXTEL COMMUNICATIONS ICELL CHRGS-P/W,CS,CD 1 0014090 1 42130 1 50913j $509.73 1/22/2009 1 JOLYMPIC OLYMPIC STAFFING SERVICES TEMP SVCS-C/S WK 12129 0015210 44000 1 158.881 1 1/22/2009 1 83585 JKATHLEEN ERIN NOLAN JPLNG COMM -1/13 1 0015210 1 44100 1 65.001 $65.00 1/22/2009 1 83586 INORRIS REPKE INC IST REHAB-LYCOMING 1 2505510 1 R46411 1 3,065.001 $3,065.00 1/22/2009 83587 STAFFING SERVICES TEMP SVCS-C/S WK 12/23 0015210 44000 317.76 $476.64 1/22/2009 1 JOLYMPIC OLYMPIC STAFFING SERVICES TEMP SVCS-C/S WK 12129 0015210 44000 1 158.881 1 1/22/2009 1 83588 JOLYMPIC STAFFING SERVICES TEMP SVCS-C/SVC WK 1/11 0015310 1 44000 1 774.541 $774.54 1/22/2009 PERS HEALTH FEB 09 -HEALTH INS PREMS 0014090 40086 505.00 1/22/2009 1 83589 1JENNIFER ORANTES IRECREATION REFUND 1 001 1 34780 1 37.001 $37.00 1/22/2009 83590 IPASCO MAINT-DBC 0015333 1 42210 1 837.26 $837.26 1/22/2009 1 83591 IPASCO DOORS INSTALL -DOOR DBC 2505310 1 46415 1 9,850.58 $9,850.58 1/22/2009 83592 PERS HEALTH FEB 09 -HEALTH INS PREMS 0014060 40093 144.90 $28,568.26 1/22/2009 PERS HEALTH FEB 09 -HEALTH INS PREMS 0014090 40086 505.00 1/22/2009 PERS HEALTH FEB 09 -HEALTH INS PREMS 001 21105 27,918.36 1122/2009 83593 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 8.00 $537.16 1/22/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 208.88 1/22/2009 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 320.28 1/22/2009 83594 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $24,074.18 1/22/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,485.16 1/22/2009 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,543.45 1/22/2009 1 83595 IPHOTO ART INDUSTRIES SUPPLIES -COUNCIL 1 0014010 1 42112 1 203.651 $203.65 1/22/2009 1 83596 PREMIER PAVING INC RETENTION PAYABLE 25020300 1 -7,787.32 $70,085.88 1122/2009 1 PREMIER PAVING INC CONSTRUCTION -PALOMINO 2505510 46412 77,873.20 1/22/2009 1 83597 1 PRINCE SHANT CORP FUEL -GENERAL 1 0014090 1 42310 1 35.161 $826.83 Page 14 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description I Fund/ Dept Acct # I Amount Total Check Amount 1/22/2009 1/22/2009 83597... PRINCE SHANT CORP PRINCE SHANT CORP FUEL -ROAD MAINT FUEL -COMM SVCS 0015554 0015310 42310 42310 346.53 445.14 $826.83... 1/22/2009 83598 PROTECTION ONE INC ALARM MONITORING -DBC 0015333 42210 52.50 $236.04 1/22/2009 I PROTECTION ONE INC ALARM MONITORING-SYC CYN 0015340 42210 97.20 1/22/2009 83606 PROTECTION ONE INC ALARM MONITORING -HERITAGE 0015340 42210 86.34 $591.77 1/22/2009 1 83599 R F DICKSON COMPANY STREET SWEEPING SVCS -DEC 1 0015554 1 45501 1 20,053.421 $20,053.42 1/22/2009 83600 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-NOV 0015554 45507 3,975.00 $25,587.10 1/22/2009 I REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-NOV 0015554 45507 5,119.25 1/22/2009 83606 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-DEC 0015554 45507 8,803.53 $591.77 1/22/2009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-DEC 0015554 45507 3,975.00 1/22/2009 83607 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-DEC 0015554 45507 3,714.32 $783.38 1/22/2009 83601 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 2,311.14 $2,718.44 1/22/2009 I S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 189.64 1/22/2009 83606 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 217.66 $591.77 1/22/2009 1 83602 SAN GABRIEL VALLEY COUNCIL OF GOVT ITAC MTG-LIU, YEE 1 0015510 1 42325 1 40.001 $40.00 1/22/2009 1 83603 SMART & FINAL SUPPLIES -CONCERT 0015350 41200 450.05 $787.98 1/22/2009 I SMART & FINAL SUPPLIES -SNOW FEST 0015350 41200 1 337.93 1/22/2009 83604 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 71.85 $1,572.31 1/22/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 501.62 1/22/2009 83606 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 351.39 $591.77 1/22/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 485.05 1/22/2009 83607 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 162.40 $783.38 1/22/2009 1 83605 ISOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 1 2,253.371$2,253.37 1/22/2009 1 83606 SOUTHERN CALIFORNIA EDISON JELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 1 591.771 $591.77 1/22/2009 1 83607 ISOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1 783.381 $783.38 Page 15 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/22/2009 83608 STANDARD INSURANCE OF OREGON FEB 09-STD/LTD 001 21112 1,677.83 $3,029.84 1/22/2009 83610 STANDARD INSURANCE OF OREGON FEB 09-SUPP LIFE INS PREM 001 21106 185.00 $100.00 1/22/2009 STANDARD INSURANCE OF OREGON FEB 09 -LIFE INS PREMS 001 21106 1,167.01 1/22/2009 1 83609 STATE DISBURSEMENT UNIT ISLRY ATTCHMT-#0000932977 1 001 1 21114 1 437.53 $437.53 1/22/2009 1 THE COMDYN GROUP INC IPROF.SVCS-GIS WK 11126 0014070 1 44000 1,585.30 1/22/2009 1 83610 TOBY STROBER FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 1/22/2009 WEST COAST ARBORISTS INC TREE MAINT-NOV 08 0015558 45509 7,458.60 1/22/2009 1 83611 JGLORIATEJEDA IFACILITY REFUND -HERITAGE 1 001 1 23002 1 100.00 $100.00 1/22/2009 83612 THE COMDYN GROUP INC PROF.SVCS-GIS WK 12119 0014070 44000 2,850.50 $4,435.80 1/22/2009 1 THE COMDYN GROUP INC IPROF.SVCS-GIS WK 11126 0014070 1 44000 1,585.30 1/22/2009 1 83613 ITRAFFIC CONTROL SUPERVISORS ASSN MEMBERSHIP DUES-GARCIA 1 0015510 1 42315 1 50.001 $50.00 1/22/20 IWARREN SIECKE ENGINEERING SVCS -DEC 0015510 1 45221 270.00 1/22/2009 1 83614 JUNION BANK OF CALIFORNIA, NA TRUSTEE FEES -12/08-11/09 1 0014090 1 42129 1 4,600.001 $4,600.00 1/22/2009 WEST COAST ARBORISTS INC TREE MAINT-NOV 08 0015558 45509 7,458.60 1/22/2009 1 83615 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 1 0014060 1 42345 1 314.001 $314.00 1/22/2009 1 83616 IVANTAGEPOINT TRNSFR AGNTS-303248 1/23/09-P/R DEDUCTIONS 00117_17721108 1 4,247.541 $4,247.54 1/22/2009 1 83617 IWALNUT VALLEY WATER DISTRICT ANNL RENTAL-EASTGATE 0014440 1 42140 1 150.00 $150.00 1/22/2009 83618 WARREN SIECKE ENGINEERING SVCS -DEC 2505510 R46412 588.00 $858.00 1/22/20 IWARREN SIECKE ENGINEERING SVCS -DEC 0015510 1 45221 270.00 1/22/2009 83619 WEST COAST ARBORISTS INC SHARPS PROG-DEC 08 1155515 44000 77.48 $93.64 1/22/2009 �WELLDYNERX WELLDYNERX SHARPS PROG-DEC 08 1155515 44000 1 1 16.16 1/22/2009 83620 WEST COAST ARBORISTS INC TREE MAINT-DEC 08 0015558 45509 9,050.50 $22,521.80 1/22/2009 WEST COAST ARBORISTS INC TREE WATERING -DEC 08 0015558 45510 670.00 1/22/2009 WEST COAST ARBORISTS INC TREE MAINT-DEC 08 0015558 45509 5,007.70 1/22/2009 WEST COAST ARBORISTS INC TREE MAINT-NOV 08 0015558 45509 7,458.60 1/22/2009 WEST COAST ARBORISTS INC TREE WATERING-NOV 08 0015558 45510 335.00 7/22/2009 1 83621 IWOMEN IN LEISURE SERVICES MTG-COMM SVCS STAFF 1 0015350 1 42325 1 60.001 $60.00 Page 16 City of Diamond Bar - Check Register 01/15/09 thru 01/28/09 Check Date Check Number Vendor Name Transaction Description J Fund/ Dept Acct # Amount Total Check Amount 1/22/2009 83622 PAUL WRIGHT AN SVCS-CNCL,PLNG, 0014090 44000 1 280.00 $280.00 1/22/2009 1 83623 JYI TONY TORNG JPLNG COMM -1/13 1 0015210 1 44100 1 65.001 $65.00 1/22/2009 1 83624 IYOSEMITE WATER JEQ RENTAL-SYC CYN PK 0015310 1 42130 1 12.001 $12.00 $1,698,947.49 Page 17 CITY COUNCIL v, f��kecxa�/ t8a,9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana r TITLE: Treasurer's Statement — December 008 RECOMMENDATION: Approve the December 2008 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.4 Meeting Date: Feb. 3, 2009 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director Deparfmint Head Attachments: Treasurer's Statement, Investment Portfolio Report \Ic- - Assistant Ci anager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT December 31, 2008 ........ .................. ........ ........ ........ ........ ........ ......... ........ ......... ... .... BEGINNING .... TRANSFERS ENDING. ..... BALANcE . RECEIPTS :. p.ISEURSEMENTS IN:(.OUT) BALANCE. . GENERAL FUND $29,789,371.39 1,972,530.87 $1,524,892.45 ($567,357.13) $29,669,652.68 LIBRARY SERVICES FUND 0.00 41,604.46 CHANGE FUND 0.00 COMMUNITY ORG SUPPORT FD 1,885.32 1,000.00 200.00 TOTAL DEMAND DEPOSITS 1,685.32 GAS TAX FUND 13,967.51 163,924.97 (48,517.50) 129,374.98 TRANSIT TX (PROP A) FD 555,403.14 160,828.14 190,479.70 US TREASURY Money Market Account 525,751.58 TRANSIT TX (PROP C) FD 1,859,453.75 68,333.98 (281,172.00) 1,646,615.73 ISTEA Fund 0.00 (172,097.72) (172,097.72) INTEGRATED WASTE MGT FD 291,057.06 22,793.90 12,602.70 301,248.26 TRAFFIC IMPROVEMENT FUND 348,257.32 225,000.00 573,257.32 AB2928-TR CONGESTION RELIEF FD 111,844.00 111,844.00 AIR QUALITY IMPRVMNT FD 94,791.75 18,019.90 112,811.65 TRAILS & BIKEWAYS FD 0.00 0.00 Prop 1B Bond Fund 933,106.36 895,057.85 (643,389.00) 1,184,775.21 PARK FEES FD 413,617.88 413,617.88 PROP A - SAFE PARKS ACT FUND (17,792.00) (17,792.00) PARK & FACILITIES DEVEL. FD 716,547.69 21,726.44 (39,810.41) 655,010.84 COM DEV BLOCK GRANT FD 50,813.86 12,309.42 38,504.44 CITIZENS OPT -PUBLIC SAFETY FD 75,799.81 25,000.00 4,600.00 96,199.81 NARCOTICS ASSET SEIZURE FD 359,474.29 359,474.29 CA LAW ENFORCEMENT EQUIP PRGI 80,632.98 80,632.98 LANDSCAPE DIST #38 FD (49,350.53) 102,476.59 21,943.70 31,182.36 LANDSCAPE DIST #39 FD (60,447.20) 64,731.61 14,561.99 (10,277.58) LANDSCAPE DIST #41 FD 43,331.71 48,670.14 6,667.03 85,334.82 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (1,888,255.57) 241,821.57 375,449.43 1,752,343.76 (269,539.67) SELF INSURANCE FUND 1,112,965.74 1,112,965.74 EQUIPMENT REPLACEMENT FUND 223,843.45 223,843.45 COMPUTER REPLACEMENT FUND 357,826.27 357,826.27 PUBLIC FINANCING AUTHORITY FUNI 155,099.75 33,647.46 12,542.94 176,204.27 TOTALS $35,573,245.73 $4,D42,836.98 $2,197,975.80 $0.00 $37,418,106.91 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($568,354.84) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($525,500.38) INVESTMENTS: US TREASURY Money Market Acct. $1,077,994.06 LOCAL AGENCY INVESTMENT FD 29,689,408.96 FED HOME LOAN BANK NOTES 7,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 176,204.27 TOTAL INVESTMENTS $37,943,607.29 TOTAL CASH $37,418,106.91 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. Thea ove summary provides sufficient cash flow liquidity to meet the next six month's est ima d x ndi s. James DeStefano, Trea urer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of December 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 Inv Fund AAA 29,689,408.96 29,778,875.35 2.353% Wells Fargo Bank US Treasury Money Market AAA 1,077,994.06 1,077,994.06 0.083%, Union Bank -(Fiscal Agent) US Treasury Money Market AAA 176,204.27 176,204.27 0.320% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 05/12/08 05/12/10 2.0 Yrs 1,000,000 1,000,000 1,002,350.00 3.350% Wells Fargo Inst Securities FHLB - Federal Home Loan Nc AAA 08/27/08 08127!10 2.0 Yrs 1,000,000 1,000,000 1,003,750.00 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 1,003,210.00 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 1,003,370.00 3.600% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 04/15/08 04/15/11 3.0 Yrs 1,000,000 1,000,000 1,000,780.00 3.500% Wells Fargo Inst Securities FHLB - Federal Home Loan Nc AAA 10/14/08 10/14/11 3.0 Yrs 1,000,000 1,000,000 1,008,750.00 4.000% Wells Fargo Inst Securities FFCB - Farm Credit Note AAA 12/12/08 12/12/11 2.0 Yrs 1,000,000 1,000,000 1,001,880.00 3.200% Totals for month $ 37,943,607.29 $ 38,057,163.68 Less Investments matured during the month 0.00 Total Investments: $ 37,943,607.29 2007-08 Actual Interest Income $1,702,255.90 2008-09 Budgeted Interest Income $1,015,700.00 Actual Year -To -Date Interest Income $352,020.78 Percent of Interest Received to Budget 34.658% * 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 Aaencv 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 INVESTMENT PORTFOLIO REPORT for the Month of December 2008 Purchase Maturity Amount Current Par / Fair Market Institution Type of Investment Rating Date Date Term At Cost Original Par Value Rate State of California Local Agency Inv Fund AAA 29,689,408.96 29,778,875.35 2.353% Wells Fargo Bank US Treasury Money Market AAA 1,077,994.06 1,077,994.06 0.083% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 176,204.27 176,204.27 0.320% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 05/12/08 05/12/10 2.0 Yrs 1,000,000 1,000,000 1,002,350.00 3.350% Wells Fargo Inst Securities FHLB - Federal Home Loan IV( AAA 08/27/08 08/27/10 2.0 Yrs 1,000,000 1,000,000 1,003,750.00 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 1,003,210.00 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 1,003,370.00 3.600% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 04/15/08 04/15/11 3.0 Yrs 1,000,000 1,000,000 1,000,780.00 3.500% 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 1,008,750.00 4.000% Wells Fargo Inst Securities FFCB - Farm Credit Note AAA 12/12/08 12/12/11 2.0 Yrs 1,000,000 1,000,000 1,001,880.00 3.200% Totals for month $ 37,943,607.29 $ 38,057,163.68 Less Investments matured during the month 0.00 Total Investments: $ 37,943,607.29 2007-08 Actual Interest Income $1,702,255.90 2008-09 Budgeted Interest Income $1,015,700.00 Actual Year -To -Date Interest Income $352,020.78 Percent of Interest Received to Budget 34.658% * 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. Allocation of Book Value of Investment by Type (By Percent) Federa Agency Securities 18.45% U.S Treasury Money Market 3.31% LAIF Fund 78.25% I Total Investment - $37,943,607 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. Agenda # 6.5 Meeting Date :February 3, 2009 CITY COUNCILAGENDAREPORT �>RPOR��v l9S`J TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: NOTICE OF COMPLETION F R PALOMINO NEIGHBORHOOD TRAFFIC CALMING PROJECT. RECOMMENDATION: File a Notice of Completion, FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to Premier Paving, Inc. on October 21, 2008 in an amount not to exceed $74,549.00 with a contingency amount of $7,500.00 for a total authorization amount of $82,049.00. The City authorized the Notice to Proceed for the construction project on December 10, 2008. Premier Paving, Inc. has completed all work required as part of this project in accordance with the specifications approved by the City. The final construction cost of the project is $77,873.20 which is $$4,175.80 under budget. Two contract change orders were issued for additional curb, gutter and sidewalk removal as directed by the City and actual quantity measurements after construction was completed. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: January 26, 2009 REVIEW BY Davi G. Liu, Director of Public Works Attachments: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinalicr described: 7. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Copley Drive Diamond Bar, CA 91765 'I. The nature of the interest or estate of the owner is; "In fee" (Ifother than Ice, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lessee") 5. The hill names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on January 14, 2009. The work done was: Palomino Neighborhood Traffic Calming Project along Palomino Drive Ballena Drive and Platina Drive. 7. The name ofthe contractor, if any, for such work of improvement was Premier Paving, Inc. November 20, 2008 (If no contractor for work of improvement as a whole, insert "none') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows Palomino Neighborhood Traffic Calming Project along Palomino Drive Ballena Drive and Platina Drive 9. The street address of said property is "none" _ Dated: verification for Individual Owner (If no street address has been officially assigned, insert "none") CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION 1, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ("resident Of'. "Manager of," "A partner of," "Owner of," em.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Execulcd on 20_, at Diamond Bar , California. (Date ofsig aturc) (Ci(y where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion mustbe filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093. The 'owner" who must file for record a notice of completion of a building or other work of improvement means the owner (()I his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the lec title. Por example, if A is the owner in fee, and B. lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transfemr nr transferors. In paragraphs 3 and 5, the full address called for should include sweet number, city, county and state. As to paragraphs 6 and 7, tivs form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the works "A work of improvement" from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundations for the improvement"); (2) Insert the name of the connector under the particular contract in paragraph 7. In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g., on so-called "owner-builderjobs." In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. if the space provided for description is not sufficient, a rider maybe attached. In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. CITY COUNCIL Agenda # 6.6 (a) Meeting Date: February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT OR THE SUNSET CROSSING ROAD AND PROSPECTORS ROAD TRAFFIC CALMING PROJECT IN THE AMOUNT OF $344,000 TO ALL AMERICAN ASPHALT; AND AUTHORIZE A CONTINGENCY AMOUNT OF $30,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $374,000.00. RECOMMENDATION: Approve plans and specifications and award the contract. FINANCIAL IMPACT: The Fiscal Year 2008/2009 budget for this project is described below: General Fund $ 30,000 Traffic Improvement Fund $ 30,000 Proposition 1B $220,000 State Hazard Elimination System (HES) Fund $220,000 Total Project Funding $500,000 To date, a total of $84,260 has been encumbered for design plans and specifications leaving a balance of $415,740 for construction and construction administration. DISCUSSION: The proposed neighborhood traffic calming project will implement landscaped medians, curb extensions, and speed cushions to address traffic concerns on Sunset Crossing Road (located west of the SR 57 Freeway) and Prospectors Road. This area of the City currently receives a significant amount of speeding vehicles and "cut -through" traffic from commuters attempting to avoid congestion at the State Route (SR) 57/60 Interchange. Concurrence for the proposed traffic calming project was developed over the course of several public meetings where resident input was received and survey data was collected. In November 2008, all neighborhood residents were notified via mail of the final design and advised of the proposed schedule for construction. After the traffic calming devices are installed and operational for a six (6) month period, traffic data will be collected and compared with baseline traffic conditions to determine the effectiveness of the devices. Upon completion of the plans and specifications, the project was advertised for bids between November 2008 and January 2009. On January 13, 2009, the City received the following sixteen (16) bid proposals: Company Base Bid Amount 1. All American Asphalt $344,000.00 2. Yakar $354,940.00 3. United Paving Co. $366,615.54 4. Gentry Brothers $373,465.00 5. Ortiz Asphalt Paving Company $381,501.70 6. E.C. Construction $393,744.72 7. Sully -Miller Contracting Co. $398,753.00 8. International Pavement Solutions $398,794.00 9. Sequel Contractors Inc. $406,000.00 10. EBS Inc. $413,413.00 11. Hillcrest Contracting $415,608.00 12. Palp, Inc. dba Excel Paving Co. $446,894.50 13. JDC Inc. $456,280.00 14. Roadway Engineering $468,833.00 15. 4 -Con Engineering, Inc. $481,715.00 16. Imperial Paving Co., Inc. $585,875.00 All American Asphalt submitted the lowest responsible bid. Staff reviewed their bid and verified their State Contractor's License. They have satisfactorily completed similar projects for other agencies including the City of Pomona, City of Tustin, and City of Newport Beach. The project schedule is tentatively set as follows: Award of Contract Start Construction Construction Complete PREPARED BY: Rick Yee, Senior Civil Engineer REVIEWS Y: David . Liu, Director of Public Works Attachment: Contract Agreement February 3, 2009 Late February 2009 May 2009 Date Prepared: Jan 27, 2009 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between All American Asphalt, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR All American Asphalt, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Sunset Crossing and Prospectors Road Traffic Calming Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Sunset Crossing and Prospectors Road Traffic Calming Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications dated November 17, 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. -INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLE- MENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated January 12, 2009, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within fift 50 working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 7, 2007. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 267073 In Date All American Asphalt P.O. Box 2229 Corona, CA 92878 TITLE CITY OF DIAMOND BAR, CALIFORNIA By: RON EVERETT, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone (951) 736-7600 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date CITY COUNCIL Agenda # 6.6 (b) Meeting Date: February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROPRIATE $15,435 FROMT E TRAFFIC IMPROVEMENT FUND TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROVE A CONSULTANT SERVICES AGREEMENT WITH DMS CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $52,175 PLUS A CONTINGENCY AMOUNT OF $5,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $57,175 FOR THE SUNSET CROSSING ROAD AND PROSPECTORS ROAD TRAFFIC CALMING PROJECT RECOMMENDATION: Appropriate and approve. FINANCIAL IMPACT: For Fiscal Year 2008-2009, a budget of $500,000 was allocated and approved by the City Council for this project. The total cost of the project including design, construction, construction administration, and contingencies will amount to $515,435. Therefore, the appropriation from the Traffic Improvement Fund will allow for complete funding of these services. BACKGROUND/DISCUSSION: Construction management services including contract administration, inspection, and surveying will be necessary during the construction phase of the Sunset Crossing Road and Prospectors Road Traffic Calming Project. The proposed traffic calming project will implement landscaped medians, curb extensions, and speed cushions to address traffic concerns on Sunset Crossing Road (located west of the SR 57 Freeway) and Prospectors Road. In December 2008, a Request for Proposals was released for construction management services. Four (4) engineering consulting firms submitted proposals and their associated costs are as follows: 1. Norris-Repke $40,800.00 2. AAE, Inc. $48,563.00 3. DMS Consultants, Inc. $52,175.00 4. Hall & Foreman, Inc. $75,520.00 The proposals were reviewed and evaluated by the selection committee. DMS Consultants, Inc. was selected because they best understood the City's needs and were the most qualified due to their depth of experience, specialized subconsultants, and comprehensive approach. DMS recognizes the importance of good communication with residents and businesses and has proposed an approach to promote communication and awareness of the project. DMS has also addressed the variety of city concerns through subconsultants that specialize in landscape inspection, federal compliance procedures, and construction survey. The project schedule is tentatively set as follows: Award of Contract Start Construction Construction Complete PREPARED BY: Rick Yee, Senior Civil Engineer REVIEWED BY: D d G. iu, Director of Public Works Attachment: Consultant Services Agreement February 3, 2009 Late February 2009 May 2009 Date Prepared: January 27, 2009 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 3, 2009, by and between the City of Diamond Bar, a municipal corporation ("City") and DMS Consultants, Inc. , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated December 22, 2008. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect Februa�r r 3, 2009, and remain in effect unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Com: James DeStefano, City Manager Consultant: Surender Dewan, PE City of Diamond Bar DMS Consultants, Inc. 21825 Copley Drive 12377 Lewis Street, Ste 101 Diamond Bar, CA 91765-4178 Garden Grove, CA 92840 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that .all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Ron Everett, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: CITY COUNCIL Agenda # _ 6.7 Meeting Date: February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROPRIATION OF $75,000 FAM GENERAL FUND RESERVES FOR SPECIAL LEGAL SERVICES PROVIDED BY SHEPPARD, MULLIN, RICHTER, & HAMPTON, LLP. RECOMMENDATION: Appropriate funds. FISCAL IMPACT: The additional $75,000 will be appropriated from General Fund reserves. BACKGROUND / DISCUSSION: In addition to the City's primary legal representative, Jenkins & Hogin, the City often enlists the services of additional legal experts to assist in a number of matters important to the community. The City Council approved an initial appropriation of $75,000 securing the services of Jack Rubens of Sheppard, Mullin, Richter, and Hampton, LLP to provide supplemental special legal services. As the overall scope of services required has surpassed this initial engagement, a City Council approved appropriation of funds will be required. To ensure adequate funding remains available to complete necessary work, staff requests the Council appropriate an additional S75,000 from General Fund reserves, bringing the total approved appropriation to $150,000. Prepared by: Ryan M ean, Assistant to the City Manager CITY COUNCIL Agenda # 6.8 (a) Meeting Date: February 3, 2009 AGENDA REPORT TO; Honorable Mayor and Members of the City Council �� VIA: James DeStefano, City Man g TITLE: ADOPT RESOLUTION NO. 20 9 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2009-2010. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,950 and is charged to each District proportionately; therefore, the cost for Assessment District No. 38 is $4,000. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2009-2010 Fiscal Year. Of the City's three Districts, District 38 encompasses the whole City and is illustrated on Exhibit "A-1" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Patrick Gallegos, Management Analyst REVIEWED f 'h� Da ' , Director of Public Works Attachment: Resolution No. 2009 -XX Exhibit "A-1" Map 2 RESOLUTION NO. 2009 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2009-10 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.).. (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) New improvements for said Landscaping Assessment District No. 38 include the following: a. Irrigation and landscaping on slope on Gold Rush Drive east of Diamond Bar Boulevard. b. Irrigation and landscaping on slopes, parkways and medians on Brea Canyon Road and Washington Street that were improved during the ACE Grade Separation Project. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 38 for Fiscal Year 2009-10. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2009. Ron Everett, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk 1► CITY COUNCIL Agenda # 6.8 (b) Meeting Date: February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manaje ; TITLE: ADOPT RESOLUTION NO. 20 9 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2009-2010. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,950 and is charged to each District proportionately; therefore, the cost for Assessment District No. 39 is $4,475. BACKGROUNDIDISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2009-2010 Fiscal Year. Of the City's three Districts, District 39 encompasses a specific part of the City as illustrated on Exhibit "A-2" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Patrick Gallegos, Management Analyst REV*, David G. Liu, Director of Public Works Attachment: Resolution No. 2009 -XX Exhibit "A-2" Map 2 RESOLUTION NO. 2009 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2009-10 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 39 for Fiscal Year 2009-10. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2009. Ron Everett, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2009, by the following vote: AYES: NOES: ABSENT: ABSTAINED ATTEST: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk 2 CITY COUNCIL Agenda # 6 . s (c) Meeting Date: February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mange, TITLE: ADOPT RESOLUTION 2009- X ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2009-2010. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,950 and is charged to each District proportionately; therefore, the cost for Assessment District No. 41 is $4,475. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2009-2010 Fiscal Year. Of the City's three Districts, District 41 encompasses a southwesterly part of the City as illustrated on Exhibit "A-3" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Patrick Gallegos, Management Analyst REVIEW Y: 21 Davi G. Liu, Director of Public Works Attachment: Resolution No. 2009 -XX Exhibit "A-3" Map RESOLUTION NO. 2009 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2009-10 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 41 for Fiscal Year 2009-10. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2009. Ron Everett, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk 2 CITY COUNCIL Agenda # 6 . 8 (d) Meeting Date: February 3,_2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manag r TITLE: APPROVE CONTRACT AMENDMEN NO. 4 WITH GFB-FRIEDRICH & ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES FOR LANDSCAPING ASSESSEMENT DISTRICT NUMBERS 38, 39, AND 41 FOR A PERIOD OF ONE (1) YEAR, FOR A TOTAL CONTRACT AMOUNT OF $12,950. RECOMMENDATION: Appropriate and approve. FINANCIAL IMPACT: In FY 2008-2009, $12,950 has been budgeted for the updates of Landscaping Assessment District Numbers 38, 39, and 41 to proceed with maintenance of public improvements for landscaping assessment districts. Fee Breakdown: District Fee Amount 38 $4,000 39 $4,475 41 $4,475 Total Fee Amount $12,950 Landscape Assessment District Budgeted BACKGROUND/DISCUSSION: $12,950 The City has an annual program for the maintenance of landscaping and open space improvements, and intends to continue the program by special assessments upon lands within the City. On January 18, 2005, the Assessment Engineering Services contract was awarded to GFB for three years. GFB has satisfactorily performed the assessment engineering services for the City and has comprehensive knowledge of the City's requirements. Further, GFB has extensive public finance experience that includes forming and updating public finance district proceedings for various public agencies. As such, staff recommends that the City continue the assessment engineering services with GFB for a period of one (1) year. Key tasks placed upon the assessment engineer include: • Strategy Meeting to discuss assessment methodology, capital improvement budgets, proposed operation and maintenance budgets, etc. • Prepare Landscaping Inventory Map for each assessment district of areas to be maintained. • Prepare Engineer's Report which will contain the description of proposed improvements, cost estimate, method of assessment, assessment roll, and diagram. • Attend Public Meetings and Public Hearings. • Place Assessments on County Assessor's Roll and submit final rolls to the City. For FY 2009-2010, the proposed fee is $12,950. This represents no increase from the previous year. The total amount of the contract for one (1) year is $12,950. PREPARED BY: Patrick Gallegos, Management Analyst Date Prepared: January 28, 2009 REVIEWED BY: X� David G. 1.u, Virector of Public Works Attachments: Amendment to the Consulting Services Agreement Exhibit A — Consultant's Proposal Exhibit B — Proposed Schedule for Assessment Districts No. 38, 39 and 41 2 AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 4 to the Agreement is made and entered into this 3rd day February, 2009, between the CITY OF DIAMOND BAR, a Municipal Corporation (herinafter referred to as "CITY") and GFB-Friedrich & Associates. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with GFB- Friedrich & Associates to provide Professional Consulting Services, which the Agreement was dated February 15, 2000. (ii) To provide the assessment engineering services for FY 2009-2010, the CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A". NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", the Consultant's Proposal dated January 7, 2009, for the Landscape Assessment District Nos. 38, 39, and 41." Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "B. Level of Services/Time of Performance. The level of and time of the specific to be performed by Consultant are as set forth in Exhibit "A". Section 3: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City." Section 4: Each party to this Amendment No. 4 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 4 shall be valid and binding. 1 Any modification of this Amendment No. 4 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement Amendment No. 4 as of the day and year first set forth above: APPROVED AS TO FORM By: City Attorney ATTEST: CITY OF DIAMOND BAR CONSULTANT: GFB-FRIEDRICH & ASSOCIATES John Friedrich, President Tommye A. Cribbins, City Clerk Ron Everett, Mayor DATE: 2 CITY COUNCIL Agenda # 6 . 9 Meeting Date: February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: EXONERATION OF SURETY OND NO. 3SM98404500 IN THE AMOUNT OF $210,909.80 AND POSTED BY WINDMILL DEVELOPMENT FOR TRACT 50314 TO COMPLETE GRADING IMPROVEMENTS. RECOMMENDATION: Approve the exoneration. 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, Windmill Development, to complete various improvements for Tract No. 50314. The subdivider guaranteed faithful performance of said agreement by posting with the City surety bonds for grading, storm drain improvements, on-site street improvements, sanitary sewer improvements, domestic water and reclaimed water, landscape and irrigation, and monumentation. To date, the surety bond for grading improvements has been reduced from $1,054,549.00 to $210,909.80. The sewer, storm drain and street improvement bond was exonerated by Council on November 5, 2002 and the domestic and reclaimed water bond was exonerated on March 4, 2003. DISCUSSION: Upon receiving written request from Windmill Development dated January 28, 2009, the Public Works Department verified that all rough grading was certified in May of 2002 by the Civil Engineer and June 2002 by the Geotechnical Engineer. Rough grade certifications are on file with the City. The following surety bond is recommended for exoneration: Surety Bond No. 3SM98404500 in the amount of $210,909.80 for Grading Improvements. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: January 28, 2009 REVIEWED BY: David"O. Li , Director of Public Works Attachments: LETTER OF REQUEST, January 28, 2009 2 Windmill Estates, LLC 2632 West 2371 St., Ste 201 Torrance, CA 90505 Phone (310) 539-1788 Fax (310) 539-4828 City of Diamond Bar January 28, 2009 Public Works/Engineering Dept. 21825 Copley Drive Diamond Bar, CA 91765 Attn: Kimberly Molina RE: Exoneration of Bond No. 3SM98404500 Dear Kimberly, As discussed, all bonded grading improvements to Tract No. 50314 guaranteed by the above referenced surety bond were completed in 2002, as evidenced by the engineer's certificates forwarded to you from both Harrington Geotechnical and Hunsaker & Assocates. Please have the subject bond exonerated by the City Council. Sincerely, Kurt Nelson Windmill Estates. LLC (formerly Windmill Development, Ltd) CITY COUNCIL Agenda # 7, 1 Meeting Date.- February 3, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man e TITLE: AN ORDINANCE OF THE ITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. RECOMMENDATION: Adopt Ordinance No. XX (2009). BACKGROUND/ANALYSIS: On February 5, 2008, the City Council adopted Interim Urgency Ordinance No. 02 (2008), instituting a 45 -day moratorium on the issuance of permits for the establishment of amusement, entertainment and other specified congregation uses in the City of Diamond Bar. The reason for the adoption of the Interim Urgency Ordinance was to address the increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. On March 4, 2008, the City Council subsequently adopted Ordinance No. 02A (2008), which extended the moratorium an additional 10 months and 15 days to provide additional time to conduct research and propose changes to the City's Development Code. Staff has begun its initial review of new development standards and location criteria for amusement, entertainment, and other congregation facilities. This review has included cities with similar characteristics as Diamond Bar and those with public safety concerns related to entertainment or amusement uses. Through this research, staff found that these cities differ widely in the manner in which they regulate these types of uses, and offer no consistent set of criteria by which staff can craft regulations appropriate to Diamond Bar. Based on this initial review, and due to sudden staffing shortages, additional time is required to perform a more comprehensive analysis that will enable staff to propose long term changes to the City's Development Code. While the City is completing the research and preparing new standards, there is an immediate threat to the public health,, safety and welfare posed by the amusement, entertainment and other specified congregation uses. Therefore, the extension of the Urgency Ordinance is necessary to alleviate and address that threat until a more permanent remedy can be implemented. Government Code Section 65858 authorizes Council to extend the Urgency Ordinance for one additional year at a noticed public hearing. ENVIRONMENTAL REVIEW: The City has determined that the extension of the Urgency Ordinance is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15308 of the CEQA Guidelines. The class of exemptions described under the exemption category includes actions taken by local government to protect the environment. As a result of this assessment, no further environmental review is required to enable adoption of this Urgency Ordinance extension. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune on January 23, 2009, in a 1/8 page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 1/8 page in one newspaper of general circulation. PREPARED &�w Greg Gubman, AICP Acting Community Development Director Attachments: 1. Ordinance No. XX (2009). 2. Ordinance No. 02A (2008). 3. Interim Ordinance No. 02 (2008). 2 REVIEWED BY: Dave Do e Assistant City Manager ORDINANCE NO. XX (2009) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Moratorium Extended. Ordinance No. 02 (2008), adopted February 5, 2008, and subsequently extended by Ordinance No. 2A adopted on March 4, 2008, is hereby extended for one year. Section 2. Permit Issuance. The issuance of permits for new amusement, entertainment and specified congregation uses in the commercial and office zoning districts in the City of Diamond Bar is hereby prohibited. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for new amusement, entertainment or specified congregation facilities or uses shall be approved or issued in the commercial and office zoning districts in the City during the pendency of this Ordinance. Section 3. Definitions. For purposes of this entertainment or specified congregation facility or use" include the following: Clubs, lodges and private meeting halls Computer services/network gaming centers Indoor amusement/entertainment facilities Bats and nightclubs Ordinance, an "amusement, shall be defined as and shall Section 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (60 months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 5. Severability. If any part or provision of this Ordinance or the application to any peon or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 6. Purpose and Findings: Urgency. Prior to adoption of this Urgency Ordinance, the establishment of amusement, entertainment and other specified congregation uses and facilities was permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards and locational criteria for amusement and specified congregation facilities. However, due to the extensive research required to perform the study and sudden staffing changes, additional time is needed to perform a thorough analysis for the City Council. Based on the forgoing and the immediate threat to the public health, safety and welfare pose by the amusement, entertainment, and other specified congregation uses, this Ordinance is necessary to alleviate and address that threat until permanent zoning regulations can be established. This Ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption of a four-fifths vote of the City Council. This Ordinance shall be in full force and effect for a period of one year from February 4, 2009 in accordance with the provisions of California Government Code Section 65858. Section 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any other City code, ordinance, resolution or policy. Section 8. California Environmental Quality Act Finding. Pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. PASSED, APPROVED AND ADOPTED this 3rd day of February, 2009. Ron Everett, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of February and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the 3rd day of February by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST Tommye Cribbins City Clerk ORDINANCE NO.02 (2008) AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. Currently the establishment of amusement, entertainment and other specified congregation uses and facilities is permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City alas received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards and locational criteria for amusement, entertainment and specified congregation facilities. It is likely that zoning standards for these uses will change as a result of this update. Due to the recent proliferation of complaints about amusement and entertainment uses and because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new amusement, entertainment and specified congregation facilities and uses in the commercial and office zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. SECTION 2. The issuance of permits for new amusement, entertainment and specified congregation uses in the commercial and office zoning districts in the City of Diamond Bar is hereby prohibited. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for new amusement, entertainment or specified congregation facilities or uses shall be approved or issued in the commercial and office zoning districts in the City during the pendency of this Ordinance or any extension thereof. SECTION 3. Definitions. For purposes of this Ordinance, an "amusement, entertainment or specified congregation facility or use" shall be defined as and shall include the following: Clubs, lodges and private meeting halls Computer services/network gaming centers Indoor amusement/entertainment facilities Bars and nightclubs SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 5. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent proliferation of complaints demonstrate that amusement, entertainment and specified congregation uses are posing a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new amusement, entertainment and specified congregation uses that may be inconsistent with new zoning standards currently being developed until those revised regulations can be established and adopted. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. SECTION 8. The City Council hereby finds and determines that the adoption of the Urgency Ordinance is exempt pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15061 (b)(3) and 15308 and guidelines promulgated thereunder. PASSED, APPROVED AND ADOPTED THIS 5th DAY OF FEBRUARY 2008, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: cs��) C7��: � Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of February, 2008 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of February, 2008 by the following vote: AYES: Council Members: Chetii e Herrera - c Tye, XPT/E verett p L /TaiilG kaz NOES: Council Members:r�se ABSENT: Council Members:;,,ic,e ABSTAIN: Council Members: -Nome �" ln"'_ & �L , City Clerk, City of Diamond Bar ORDINANCE NO. 02A (2008) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Moratorium Extended. Ordinance No. 02 (2008), adopted February 5, 2008, is hereby extended for 10 months and 15 days. Section 2. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor andeshall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (60 months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 3. Severability. If any part or provision of this Ordinance or the application to any peon or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 4. Purpose and Findings: Urgency. Currently the establishment of amusement, entertainment and other specified congregation uses and facilities permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City is currently studying new development standards ad locational criteria for amusement and specified congregation facilities. It is likely that zoning standards of these uses will change as a result of this update. Due to the proliferation of complaints about amusement and entertainment uses and because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to extend an interim moratorium on the establishment of amusement, entertainment and other specified congregation uses as of the date of adoption hereof, until new regulations are prepared and adopted by the City council. Based on the forgoing and the immediate threat to the public health, safety and welfare pose by the amusement, entertainment, and other specified congregation uses, this Ordinance is necessary to alleviate and address that threat until permanent zoning regulations can be established. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption of a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of 10 months and 15 days from March 21, 2008 unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. Section 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any other City code, ordinance, resolution or policy. Section 6. California Environmental Quality Act Finding. Pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. PASSED, APPROVED AND ADOPTED this 4th day of March, 2008. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of March and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the 4th day of March by the following vote: AYES: Council Members: Chaa:,, Tye, NLPT/Evert, t/'TG+xaLka NOES: Council Members: a,jore ABSENT: Council Members: aerre.ra. ABSTAIN: Council Members: None ATTEST 4 To mye Cribbins City Clerk tet. ��I_DIA��IOI�D B�1RI�� ie CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that, according to California Government Code Section 65090, a Public Hearing will be held by the City Council for the purpose of considering the following: An Ordinance of the City of Diamond Bar extending the term of an Interim Urgency Ordinance prohibiting the issuance of permits for establishment of amusement entertainment and other specified congregation uses in the Commercial and Office Zoning Districts according to the provisions of California Government Code Section 65858 and making Findings in support thereof. DATE & TIME OF PUBLIC HEARING: Tuesday, February 3, 2009, at 6:30 p.m. (or as soon thereafter as the matter may be heard). LOCATION OF HEARING: South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar CA 91765. Environmental Determination: The proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines (actions by regulatory agencies for protection of the environment). All interested persons are invited to attend said hearing and express opinions on the matter outlined above. Written comments regarding this matter may be submitted to the City Clerk's Office, 21825 Copley Drive, Diamond Bar, CA 91765, anytime prior to the hearing. You may also obtain additional information concerning this matter by phoning (909) 839-7030. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar in the Community Development Department. On January 23, 2009, a copy of the Notice regarding An Ordinance extending the term of an Interim Urgency Ordinance prohibiting the issuance of permits for establishment of amusement entertainment and other specified congregation uses in the Commercial and Office Zoning Districts, etc., to be heard before the City Council on February 3, 2009, was posted at the following locations within the City of Diamond Bar, a copy is attached hereto: Diamond Bar City Hall, 21825 Copley Drive Diamond Bar Library, 1061 Grand Avenue Heritage Park, 2900 Brea Canyon Road I declare under penalty of perjury that the foregoing is true and correct. Executed on January 23, 2009, at Diamond Bar, California. Stella Marquez Community Development Department w� DIAIIIOND Bt1R�� �j1T� I CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that, according to California Government Code Section 65090, a Public Hearing will be held by the City Council for the purpose of considering the following: An Ordinance of the City of Diamond Bar extending the term of an Interim Urgency Ordinance prohibiting the issuance of permits for establishment of amusement, entertainment and other specified congregation uses in the Commercial and Office Zoninq Districts according to the provisions of California Government Code Section 65858 and making Findings in support thereof. DATE & TIME OF PUBLIC HEARING: Tuesday, February 3, 2009, at 6:30 p.m. (or as soon thereafter as the matter may be heard). LOCATION OF HEARING: South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar CA 91765. Environmental Determination: The proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines (actions by regulatory agencies for protection of the environment). All interested persons are invited to attend said hearing and express opinions on the matter outlined above. Written comments regarding this matter may be submitted to the City Clerk's Office, 21825 Copley Drive, Diamond Bar, CA 91765, anytime prior to the hearing. You may also obtain additional information concerning this matter by phoning (909) 839-7030. carr VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK 1 FROM:02 DATE: /3 /O ADDRESS: 2-1619 a�kyie,,(/ CfK k)A&'HONE: ORGANIZATION: 7 AGENDA#/SUBJECT: %�9,�w�e ✓U/�L expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflec,my name and address as written above. QNo 7 Signature This document is a public record subject to disclosure under the Public Records Act. l(T \ V CY 1yg`• VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK ti./i 7if (i) 1 }C J l 2 3 Z o0 FROM: DATE: l L ADDRESS:���Ly�" ���� CHONE: ORGANIZATION: W/q L els AGENDA#/SUBJECT: Ulyl 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. =l e.—It -a,�? ignature " k7— yG� This document is a public record subject to disclosure under the Public Records Act. 'IT \()RIY N tyg VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK S�k vo_ 01 DATE: ado � a �-7 PHONE: gsi—qt/^p<3 /(f,AS - C t-� ,2 -eq llgains�- AGENDA#/SUBJECT: 1\10 MFI— —[Pf�d e r 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. (9 Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK �6) SO V 64,0--f DATE: –D6 PHONE: f "-a-N/v?.,� A --r NFL 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 This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK f �3 FROM: P,5�-71L- Viz4 t q" DATE: , /V/ ADDRESS: � �J� PHONE: 00 ORGANIZATION: AGENDA#/SUBJECT:l i1�G��U✓1�1 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 This document is a public record subject to disclosure under the Public Records Act. � 98 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: `` t t s �Dc c -r -s -I DATE: ADDRESS: 766 %11, -4Z PHONE:��l R 2 27 G � 3 Z _ ORGANIZATION:-1�\r7I?-e r0i �I�, AGENDA#/SUBJECT: Ste} �. �� 01Vk. 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 This document is a public record subject to disclosure under the Public Records Act. CIT7' . �,hfl)RfY)IU f9$n VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK IIIA ,),tt .- DATE: • 4dam% 02 PHONE: c/os—foo 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. ate' This document is a public record subject to disclosure under the Public Records Act. carr �t)flM114\'(E� 1&g VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �7,P.T' Zf4'� DATE: ADDRESS: -)-q� PRvSftr yk6 PHONE: ORGANIZATION: �,W e*�m �6w&A)-r AGENDA#/SUBJECT: � C b S JIA'Al614,1 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. This document is a public record subject to disclosure under the Public Records Act. lgg9 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: [ ��'� DATE: 13 A) ADDRESS: /b PHONE: (:6 -�6 �3 ORGANIZATION: AGENDA#/SUBJECT: t u-N� I expect to address the Council on the subject agenda/subject item. Please ha v -A the Council Minutes reflect my name and address as written above. VA1 Signature Al This document is a public record subject to disclosure under the Public Records CIT 'n 19"ge VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: (,s 9, DATE: Z �jCq ADDRESS: thJ At,J UT PHONE: ORGANIZATION: AGENDA#/SUBJECT: Apy�g �-7 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 This document is a public record subject to disclosure under the Public Records Act. IT lyg9 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK sk),vt FROM: ., ' ;?rte` DATE: ' �j'-32 0 l ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: PHONE: )�` X �,_I y)kD 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. l .' i Kr atre This document is a public record subject to disclosure under the Public Records Act. IT I II III ,1 l.,yg9 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK _ Q FROM:_� DATE: E ADDRESS: = � C-� . ila Ci .CA S) ONE: ORGANIZATION: 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. r Signature r� This document is a public record subject to disclosure under the Public Records Act.,; ,r I. `t,xinnr'Rj 0q' Lg89 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 6�LW---) k6, ( DATE: L( l61 ADDRESS: 2S A416vf 112� PHONE:�t1 ORGANIZATION: 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. e This document is a public record subject to disclosure under the Public Records Act.