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HomeMy WebLinkAbout02/17/2009City Council Agenda Tuesday, February 17, 2009 Closed Session — 5:00 p.m., Room CC -8 Study Session — 5:45 p.m., Room CC -8 Regular Meeting — 6:30 p.m. The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ron Everett Carol Herrera Mayor Mayor ProTem Wen P. Chang Jack Tanaka Steve Tye Council Member Council Member Council Member City Manager lames DeStefano City Attorney Michael Jenkins a City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title Il of the Americans with Disabilities Act of 1990, the City of Diarnond 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. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www,cityofdiamondbar.com. A full agenda packet is available for review during the meeting in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings (909) 839-7010 Computer access to agendas: www.cityofdiamondbar.com General Information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 17, 2009 Next Resolution No. 2009-07 Next Ordinance No. 02 (2009) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Initiation of Litigation — One Case. STUDY SESSION: 5:45 p.m., Room CC -8 ► Solid Waste Contract Negotiations Update — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor Mark Hopper Evangelical Free Church Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Mayor Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. February 17, 2009 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 1.1 Presentation of Certificate of Recognition to Diamond Bar High School One Air Club for participating in the Lexus Eco -Fair Challenge on January 25, 2009. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to PostNet, 324 S. Diamond Bar Blvd. as Business of the Month for February, 2009. 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 (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Household Hazardous and E -Waste Roundup — February 21, 2009 - 9:00 a.m. — 3:00 p.m., Gateway Corporate Center, 1300 Block of Bridge Gate Dr. 5.2 Planning Commission Meeting — February 24, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Parks and Recreation Commission Meeting — February 26, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — March 3, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 State of the City — March 12, 2009 — Open House at 5:00 p.m., Presentation at 6:30 p.m. — 7:00 p.m., Diamond Bar Center Ballroom, 1600 Grand Ave. February 17, 2009 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of February 3, 2009 — Approve as submitted. 6.2 Planning Commission Minutes — Regular Meeting of November 25, 2008 - Receive and file. 6.3 Ratification of Check Register — Dated January 29, 2009 through February 11, 2009 totaling $926,533.45. Requested by: Finance Department 6.4 Approval of Contract Increase of $19,251.44 with PTM General Engineering Services, Inc. for the Traffic Signal Interconnect Links — Phase I Project for a Total Authorization Amount of $495,327.74. Recommended Action: Approve. Requested by: Public Works Department 6.5 Exoneration of Surety Bond No. 3SM98404400 in the Amount of $10,000 Posted by Windmill Development for Tract No. 50314 to Set Monumentation Establishing Property Boundaries. Recommended Action: Approve. Requested by: Public Works Department 6.6 Approving an Amendment to the Foothill Transit Joint Powers Authority to Include the City of Pasadena as a New Member. Recommended Action: Approve. Requested by: City Manager 6.7 (a) Approve Contract Amendment Amount of $11,405 with Norris- Repke for 2008-09 Community Development Block Grant (CDBG) Curb Ramp Installation Project for a Total Authorization Amount of $39,795.00. Recommended Action: Approve. February 17, 2009 PAGE 4 (b) Increase Contract Budget in the Amount of $24,000 with Fonseca Construction, Inc. for the 2008-09 Community Development Block Grant (CDBG) Curb Ramp Installation Project for a Total Contract Authorization Amount of $81,691. Recommended Action: Approve. Requested by: Public Works Department 6.8 Approve Amendment No. 2 to the Consulting Services Agreement with Diana Cho and Associates for Community Development Block Grant (CDBG) Labor and Compliance Services ($21,623) for FY 2008- 09 and Ratify the Extension of the Contract through June 30, 2009. Recommended Action: Approve. Requested by: City Manager 6.9 City View Software Application Project: (a) Authorize the City Manager to Approve Contract Amendment No. 2 with Municipal Software Corporation (MSC). Recommended Action: Authorize. (b) Authorize the City Manager to Approve Contract Amendment No. 2 with Go Live Technologies Extending the Duration of the Contract at No Cost to the City. Recommended Action: Authorize. Requested by: IS Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Adopt Resolution No. 2009 -XX: Amending the FY08-09 Municipal Budget. Recommended Action: Adopt. Requested by: Finance Department 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session DATE: February 17, 2009 TO: Honorable Mayor and Members of t City Council VIA: James DeStefano, City Mana e FROM: David G. Liu, Director of Public Works TITLE: Solid Waste Contracts Negotiations Update Study Session of February 17, 2009 HF&H will present and update the Council with the following issues: 1. Current Residential Services, 2. Current Commercial Services, 3. Key Proposed Recycling Enhancements, 4. Key Proposed Contract Terms, and 5. Proposed Funding Provisions. Please review the attached information and let us know if you have any questions. CITY OF DIAMOND BAR Solid Waste Negotiations City Council Study Session February 17, 2009 1. Refuse -35, 64 and 96 -gallon options, additional charge for more than one cart 2. Recycling - 35 and 64 -gallon options, up to two carts included, third cart $1.25/mo. 3. Green Waste 35 and 64 -gallon options, up to two carts included, third cart $2.00/mo. 4. Rate Reductions: Seniors, home composters, some multi- family or HOA accounts without green waste service 5. Four bulky item pickups per year 6. Rotating City -sponsored events 7. Temporary container services for residential accounts Page 1 Current Commercial a (Valley a 1. Commercial and multi -family bin customers 2. Exclusive permanent roll -off box customers 3. Temporary container services for commercial and multi- family accounts 4. Recyclables collection service available for a fee 5. Bulky item collection for multi -family bin customers 6. City facilities at no additional charge 7. Rotating City -sponsored events Pa -e 2 Key Proposed Recycling Enhancements. I. Minimum Diversion Rates: ➢ 45% for residential (40% in 2008) ➢ 25% for commercial (8.3% in 2008) ➢ 75% for construction and demolition debris 2. Free commercial recyclables collection 3. Residential E -waste collection at no additional. charge (not in current agreement) 4. Free mulch give -a -ways at City events 5. Expand and Fund the door-to-door HHW program from the residential services agreement Pale 3 Key Proposed Contract Terms 1. Length of Agreement - Seven years, plus City option to extend for up to 24 months (existing contracts were for ten years) 2. Alternative fuel vehicles within 12 months of start of contract 3. New residential collection carts 4. Enhanced auditing, indemnification, and performance standards. Page 4 Proposed Funding Provisionj 1. 10% Franchise Fee 2. Simplified, percentage -based AB 939 fee (at same overall dollar level) 3. $115,000 annual reimbursement for residential refuse vehicle impacts 4. Reimbursement of City's contracting expenses Page 5 Page 6 es )8 08 08 08 08 08 a 'S 9 irlier 9 0 Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 3, 2009 CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:30 p.m. in The Government Center/AQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: C/Tanaka led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church gave the invocation. ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve Tye, and Mayor Ron Everett. Mayor Pro Tem Carol Herrera 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; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public Information Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Cecilia Arellano, Public Information Coordinator; Lauren Hildago, Public Information Specialist; Patrick Gallegos, Management Analyst, Anthony Santos, Management Analyst; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Everett proclaimed February 6, 2009 as "Go Red for Women" day and presented the Proclamation to Alex Wade with the American Heart Assn. and Leticia Pacias, with the Los Angeles County Fire Department. 1.2 M/Everett, C/Chang, C/Tye and C/Tanaka, presented Certificates of Recognition to the State and Local Emergency Agencies involved in the Freeway Complex Fire. Representatives from the offices of Congressman Gary Miller, State Senator Bob Huff and Assemblyman Curt Hagman also presented Certificates to the many agencies. C/Chang also thanked staff for their participation during the fire. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None FEBRUARY 3, 2009 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Howard Wang, 21619 Parkview Ct., Walnut said he was opposed to the NFL stadium and that the EIR was totally inadequate. He also wanted D.B. to file a complaint against the City of Industry's supplemental EIR and demand a new EIR for the stadium as a standalone project. Wayne Breitkreutz, 555 Golden Spur Circle, Walnut, also spoke in opposition of the proposed NFL stadium and wondered if D.B. was willing to pursue a lawsuit through to its conclusion. He said he would like MPT/Herrera to comment on the contribution she received from Mr. Roski and whether it would cloud her opinion about the stadium. Steve Otting, 228 EI Vado Rd. D.B., said he recently joined CAS — Citizens Against the Stadium that held a protest on Saturday along with other D.B. and Walnut. He felt that the stadium should be built in Anaheim or downtown LA close to the Staples Center. Alex Toh, 233 La Bonita Rd. D.B., recently learned that the NFL stadium would be next to the old Diamond Bar Honda location and felt that many residents would oppose the stadium primarily due to traffic issues. Joson Lam, 886 Terrace Lane West, D.B., reiterated the six Council objectives on the City's website and asked what the City's perspective was regarding the project and what kind of support the City can offer opposing the project. He also asked if the NFL project is strictly a City of Industry project that doesn't allow input from other cities. Peter Pirritano, 918 Terrace Lane West, said he supported the project because historically, NFL Stadiums provide a lot of economic revenue to the area. Richard Toombs, 760 N. Golden Springs Dr., spoke in support of the stadium that would provide many jobs to the community. In addition, as he has previously stated, he believes the City still needs a dog park. Allen Wilson wondered if the City could afford another $75,000 to oppose the stadium (Consent Calendar Item 6.7). Robert Zeeman, 23624 Prospect Valley Dr. D.B., spoke in opposition to the NFL Stadium because he believed it would result in increased crime and traffic. Lucy Yang, Walnut, introduced Joseph Hsu, 23569 Jubilee Ln and Tony Tai, 579 Rancheria who were opposed the development. Ms. Yang believed if the stadium was built, property values in the area would decline. In her opinion, the stadium would provide only short-term jobs and in the long run bring property values down, impose social deterioration and cause more pollution. She urged the Council to negotiate only for a new EIR. FEBRUARY 3, 2009 PAGE 3 CITY COUNCIL Cindy Tse, Walnut, supported her D.B. colleagues in opposing the proposed stadium project because of all the negative impacts such as traffic, noise, pollution, etc. that have not been addressed in the EIR. Jean Smith, Walnut, suggested that D.B. explore ways to join the City of Walnut to fight the NFL stadium project. Shiuh-Ming Ellis, 20841 E. Apache Way, Walnut, said she has been involved in opposition to the stadium since last September. Those in favor tend to focus on economic benefits and that the developer has overstated the economic benefits to D.B. and Walnut. She believed that there would, in fact, be a negative economic impact to both cities. Greg Wong, 20925 High Country Dr., D.B., stated that he had reviewed the traffic analysis portion of the EIR and found many flaws and unfeasible mitigation measures and that he felt that a new EIR must be done. He said he was opposed to the project but if it is beyond the point of stopping the project there should be mitigation measures that will work to relieve traffic congestion. Steve Swanson, 23966 Gold Nugget Ave., D.B., said he too was opposed to the stadium. The proposed mitigation measures will not solve the problem of having a stadium where it is intended to be placed. He has the feeling that the City is interested in being compensated and that it is not opposed to the project in principal. If the stadium is built he will leave D.B. Marcus Lotto, 23419 Cleghorn Dr., D.B., said he expected more D.B. residents to participate tonight and work with the City of Walnut to oppose the stadium project. He felt the City's opposition was almost tepid at best. He said he was shocked and surprised that the City had not attempted to make its residents more aware of what was happening so that as a community the residents could decide together on an approach to this matter and do what needs to be done. If the stadium goes in he too will leave the City. Paul Dea, 1595 S. Deerfoot Dr., D.B. said the job of the Council was to protect the City's environment. Sean McGuire, 2058-2 Kiowa Crest Dr. D.B., a junior in high school, said he loves D.B. and its schools. He is worried that the NFL stadium might change the atmosphere because he too believes it will bring crime, traffic and pollution. The proponents have cited it will be a boost to the economy which he finds hard to believe because construction jobs will be temporary and the remaining jobs will be minimum wage. He too is worried about home values. Individuals have already lost a lot of equity in their homes and if an NFL stadium is built in their back yards their home values will deteriorate even further. Residents are looking to their City Council to protect them from this looming tragedy. He urged the City to join with the City of Walnut to fight this project. FEBRUARY 3, 2009 PAGE 4 CITY COUNCIL Mandy Ho, 21148 Lycoming, D.B., said she was against the stadium. Her parents moved from Walnut to D.B. for the nice neighborhoods and if a stadium is approved it will have a big impact on her family and others. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano said he felt it was important for residents and guests to understand that D.B. has been on top of this issue for many months in advance of any other city in the immediate region with the exception of the City of Industry. D.B.'s position and Councils' direction are clearly evident by the actions that have been taken to date. The City's position is opposition unless its concerns are mitigated. D.B. was the first city to latch onto this issue in October 2007 when the City of Industry and Majestic Realty announced the potential for an NFL stadium on a piece of property that had been previously approved for some 5 million sq. ft. of commercial development, a project that was approved by the City of Industry over the objections of the City of D.B. in 2004. The NFL stadium anchored project is labeled as an amendment/revision to the previously approved project. D.B. has stated in the EIR response documentation that the City objects to that characterization because D.B. believes this is a wholly different project that requires a completely new and different environmental analysis. In October 2007 upon becoming aware of this project, the City immediately hired environmental and engineering consultants to prepare for the preparation of an Environmental Impact report by the City of Industry. Industry announced its preparation about February 2008. In May 2008 D.B. was the only City to respond to the document outlining the proposed project. Using the environmental and traffic consultants the City had already hired, D.B. submitted a 14 -page document outlining the City's concerns, issues and areas that D.B. felt Industry should focus on should they ultimately pursue the EIR for this project. In October 2008 D.B. submitted a 102 page document to the City of Industry that contained over 300 comments starting with the improper utilization of the environmental document and continuing through multiple pages of a wide variety of traffic impact concerns, public safety concerns, light intrusion, noise impacts, air quality and so on. Within the 102 page document and over 300 comments each of those concerns were carefully outlined to establish a foundation for future action by the City of D.B. The City's consultants were engaged by the City of Walnut for their response to the City of Industry. Since October 2008 D.B. has awaited the response from the City of Industry regarding comments provided by D.B. and others. The response came in the form of what is termed the Final EIR in January 2009. D.B. was disappointed about the response received from the City of Industry. Many of the City's concerns, suggestions and complaints were not responded to in a manner D.B. felt adequate and appropriate. While D.B. was preparing the review of the Final EIR and preparation of a response to those documents, we were also engaging in the use of special legal counsel to assist the City of D.B. in its endeavor to pursue corrections to the project, if not proper utilization of the environmental document. D.B. quietly selected a special legal counsel to assist the City in fall of 2008 under the City Manager's authority. D.B. was fully prepared in January to submit to the City of FEBRUARY 3, 2009 PAGE 5 CITY COUNCIL Industry was a 59 page letter from the City's special legal counsel outlining all of the City's issues, disappointments, etc. building on the record that D.B. had already established with the City of Industry. D.B. continues to follow this matter very closely. City of Industry is proposing a Planning Commission meeting on February 12 and it is expected their Planning Commission will conduct a Public Hearing and likely recommend approval to their City Council of certain portions of the project. D.B. will attend that meeting to state its concerns and will be at the February 26 Industry City Council meeting where it is expected they will receive the recommendation from their Planning Commission and likely take action to approve the development project. D.B. will continue to pursue this matter and remain opposed as long as the issues outlined are not mitigated to the City's satisfaction. D.B. was the first to act in placing all documentation on its City Website and has maintained a very public stance on its position regarding the issue. It can only be made clear that D.B. had extraordinary and deep concerns regarding this project in light of the documentation it has produced in response to the proposed project. The City has remained vigilant and remains aware of and commented upon many of the issues brought forward by speakers this evening and will continue to do so. C/Chang confirmed that CM/DeStefano's statements represent the City Council's decisions and objectives. C/Tye reminded everyone that this was an emotional issue and it was incumbent upon everyone to keep the facts straight. Everyone has their feelings and opinions about the matter. At the same time, he will not stand for innuendoes that are used to impugn MPT/Herrera's character. He stated that Mrs. Herrera like every member of this Council has only D.B.'s best interest in mind and that is what this Council will pursue in accordance with what CM/DeStefano outlined. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — February 10, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — February 12, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 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 Drive. 5.5 Household Hazardous and E -Waste Roundup — February 21, 2009 — 9:00 a.m. to 3:00 p.m., Gateway Corporate Center, 1300 Bridge Gate Drive. FEBRUARY 3, 2009 PAGE 6 CITY COUNCIL 6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1 CITY COUNCIL MINUTES: Chang, Tanaka, Tye, M/Everett None MPT/Herrera 6.1.1 Study Session of January 20, 2009 —Approved as submitted. 6.1.2 Regular Meeting of January 20, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of November 20, 2008. 6.3 RATIFIED CHECK REGISTER — dated January 15, 2009 through January 28, 2009 totaling $1,698,947.49. 6.4 APPROVED TREASURER'S STATEMENT — for the month of December 2008. 6.5 APPROVED NOTICE OF COMPLETION WITH PREMIER PAVING, INC. FOR THE PALOMINO DRIVE NEIGHBORHOOD TRAFFIC CALMING PROJECT. 6.6 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE SUNSET CROSSING ROAD AND PROSPECTORS ROAD TRAFFIC CALMING PROJECT IN THE AMOUNT OF $344,000 TO ALL AMERICAN ASPHALT; AND, AUTHORIZED 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. (b) APPROPRIATED $15,435 FROM THE TRAFFIC IMPROVEMENT FUND TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROVED 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. 6.7 APPROPRIATED $75,000 FROM GENERAL FUND RESERVES FOR SPECIAL LEGAL SERVICES PROVIDED BY SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP. FEBRUARY 3, 2009 PAGE 7 CITY COUNCIL 6.8 (a) ADOPTED RESOLUTION NO. 2009-04: 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. (b) ADOPTED RESOLUTION NO. 2009-05: 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. (c) ADOPTED RESOLUTION NO. 2009-06: 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. (d) APPROVED 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. 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. 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARING — ORDINANCE NO. 01(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. ACDD/Gubman reported that last year about this time the City Council adopted an interim urgency ordinance which instituted a moratorium on the issuance of permits for the establishment of amusement, entertainment and other specified congregation uses in the City. The reason for the adoption was to address the increased number of complaints about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. This moratorium is set to expire February 5. Staff has begun its initial review of new development standards and location criteria for these types of uses and FEBRUARY 3, 2009 PAGE 8 CITY COUNCIL requires additional time to study the matter in order to bring it to a future Council Study Session. While staff is completing the research there is an immediate threat to the public health, safety and welfare posed by the amusement, entertainment and other specified congregation uses and therefore, the extension of the urgency ordinance is necessary to alleviate that threat until a more permanent remedy can be implemented. Government Code Section 65858 authorizes the City Council to extend the urgency ordinance for one more year and therefore staff recommends that the City Council extend the moratorium for one additional year. M/Everett opened the Public Hearing. With no one present who wished to speak on this matter, M/Everett closed the Public Hearing. C/Chang moved, C/Tanaka seconded, to Adopt Ordinance No. 01(2009). Motion carried by the following Roll call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Herrera 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye wished a Kung Hei Fat Choi to all of the Chinese residents. It was a pleasure to participate in the D.B.-Chinese Association celebration at D.B.H.S. over the weekend. On Saturday he joined Board of Equalization Member Judy Chu at the recognition in conjunction with the San Gabriel Valley Regional Chamber of Commerce E -Waste program. He congratulated Senator Huff and Assemblyman Hagman on their appointments to their respective boards. He asked that tonight's meeting be adjourned in the memory of Monte Montero and that everyone keep Gloria and her family in their thoughts and prayers. C/Chang stated that the Inland Valley Humane Society report indicates that in 2008 they made about 1,676 calls (672 hours of service) for the City of D.B. C/Chang announced that the City has hit its sales tax revenue target of $3.5 million; however, it is anticipated that the City will suffer a reduction of about 1/2 million in the next fiscal year due to the economic downturn. He reiterated that CM/DeStefano stated the Council's position with respect to the NFL stadium issue. C/Tanaka attended the ribbon cutting for EI Polio Loco, the DB 4 -Youth meeting; a reception recognizing the emergency services agencies, and the Tzu Chi Foundation's New Year's Celebration. C/Tanaka continued by stating that C/Chang chairs the LA County Fair D.B. Day Committee and as a member of the FEBRUARY 3, 2009 PAGE 9 CITY COUNCIL Committee C/Tanaka participated in a discussion of upcoming events for the 2009 celebration that will be held on Thursday, September 17. M/Everett reminded residents that the City makes every effort to notify the community of pending and upcoming events through its announcement of Schedule of Events during City Council meetings as well as, on the City's Website, in the D.B. City News as well as other means. He thanked CM/DeStefano for his response to public comments and thanked the residents for their input. M/Everett stated that recently, he represented the City in Sacramento at the California League of Cities New Mayors and Council Conference which was an excellent and educational event. He felt that the City is at the forefront with its communication. He emphasized the time spent this evening in recognition of superior preparation, performance and execution of a variety of skills and professional responsibilities and congratulated the Diamond Ranch High School Boys' basketball team and offered his sympathies and encouragement to the family of Monte Montero. RECESS: M/Everett recessed the City Council meeting to Closed Session at 9:01 p.m. 10. CLOSED SESSION: ► Government Code Section 54956.9(c) Initiation of Litigation — One Case Public Comments on Closed Session Agenda: None ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 9:50 p.m. in memory of Monte Montero. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2009. RON EVERETT, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 25, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Vice Chairman Tony Torng, Chairman Steve Nelson. Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of October 14, 2008. VC/Torng moved, C/Lee seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. PUBLIC HEARING: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None VC/Torng, Lee, Chair/Nelson None Nolan Shah 7.1 Comprehensive Sian Program No. 2008-02 — Under the authority of Development Code Section 22.36, the applicant requested approval of a NOVEMBER 25, 2008 PAGE 2 PLANNING COMMISSION Sign Program to replace the existing signs with updated awning signs, and of establishing sign criteria for Sunset Plaza. Project Address: 560-588 Diamond Bar Boulevard Diamond Bar, CA 91765 Property Owner: Dennis Hudson Hudson Properties 3030 Inland Empire Boulevard Ontario, CA 91764 AP/Alvarez presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program No. 2008-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Dennis Hudson said it was his desire to upgrade the property with landscaping, painting and other fix -up work, and to update the signage was part of the improvements. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded to approve Comprehensive Sign Program No. 2008-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 7.2 Development Review No. 200-17 and Minor Conditional Use Permit No. 2008-14 — Under the authority of Development Code Sections 22.48 and 22.56, the applicant requested approval to construct a 232.5 square foot first floor addition and 788 square foot second floor addition to an existing single family residence. The Minor Conditional Use Permit was requested to allow the new second story addition to maintain the existing 6 foot 6 inch side yard setback from the northeast side property line, providing a building separation NOVEMBER 25, 2008 PAGE 3 PLANNING COMMISSION of 11 foot 6 inch rather than the required 15 feet between the subject residence and the neighboring property to the northeast. Project Address: 3611 Crooked Creek Road Diamond Bar, CA 91765 Property Owner: Don and Norma Encalade 3611 Crooked Creek Road Diamond Bar, CA 91765 Applicant: E.J.B. Designs 3730 Tovar Way Chino Hills, CA 91709 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2008-17 and Minor Conditional Use Permit No. 2008-14, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Ernie Benavides, E.J.B. Designs, said the design does its best to match the modern craftsman style character of the older portion of a two part neighborhood. The project encroaches into the side yard requirement but the project stays with the original line of the garage and does not encroach into the neighbor's line -of -sight. He added that there are few windows on the side of the structure facing the neighboring property to prevent view into the neighbor's yard. Chair/Nelson asked the applicant to explain the closeness of the garages with respect to the variance on the setback. Mr. Benavides explained using site plan visuals. Mr. Benavides responded to C/Nolan that the footprint would remain the same. Norma Leon-Encalade, owner, explained that this project would help her family remain in the home and the increase in square footage would accommodate future family growth. Chris Jenson, 3603 Crooked Creek Road, the northeast property neighbor, said he had lived in Diamond Bar for 25 -years and have had Don and Norma NOVEMBER 25, 2008 PAGE 4 91 7 PLANNING COMMISSION as neighbors for 12 -years and would like to keep them as neighbors. He and his wife are very much in support of the proposed addition. Chair/Nelson closed the public hearing. C/Nolan said it was commendable that the property owner's neighbors came to tonight's meeting to speak in favor of their neighbors and their project. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2008-17 and Minor Conditional Use Permit 2008-14, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan said she missed the ethics meeting but took the online course and passed the test. VC/Torng wished everyone a Happy Thanksgiving and commended staff for their excellent presentations. He liked the PowerPoint presentation and believed the audience members also liked the presentation. C/Lee thanked staff for the excellent presentations. Chair/Nelson said he too missed the ethics meeting and will have to take the online course as well. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman wished everyone a Happy Thanksgiving and happy holiday weekend. He reminded Commissioners they were invited to the staff holiday dinner on December 5 at the Diamond Bar Center. In reference to the staff members and firefighters who protected Diamond Bar during the recent firestorm, he informed the Commission that there is a banner just outside of the City Hall entrance for community members to sign and include thank you messages. NOVEMBER 25, 2008 PAGE 5 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:25 p.m. The foregoing minutes are hereby approved this 13th day of January, 2009. Attest: Respectfully Submitted, '11/� Greg Gubman Acting Community Development Director 4 P &W Seve Nelson, Chairman CITY COUNCIL Agenda # 6.3 Meeting Date: February 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register dat d January 29, 2009 through February 11, 2009 totaling $926,533.45. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $926,533.45 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 29, 2009 through February 11, 2009 for $926,533.45 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: fc Financ irector Assistant Ci Manager Attachments: Affidavit and Check Register — 01/29/09 through 01/11109. 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 29, 2009 through February 11, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $521,074.32 Com Org Support Fund 35.00 Prop A - Transit Fund 147,786.59 Prop C - Transit Fund 2,481.06 Int. Waste Mgt Fund 11,316.35 CDBG Fund 11,968.59 COPs Fund 498.63 LLAD 38 Fund 14,690.36 LLAD 39 Fund 13,484.60 LLAD 41 Fund 5,091.06 Capital Improvement Project Fund 198,106.89 $926,533.45 Signed: Linda G. Magn son Finance Director City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 09 -PP 03 PAYROLL TRANSFER P/R TRANSFER-09/PP 03 112 10200 6,196.08 $165,919.95 2/5/2009 83627 PAYROLL TRANSFER P/R TRANSFER-09/PP 03 115 10200 4,359.63 $24.53 2/5/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 03 125 10200 1,456.09 2/5/2009 1PAYROLLTRANSFER JALBERTSONS P/R TRANSFER-09/PP 03 1 001 10200 153,908.15 $32.87 1/29/2009 1 83625 ADVANTEC CONSULTING ENGINEERS INC TRAFFIC MGMT.SYS-DEC 08 0015510 R44000 1 1,360.00 $3,841.06 1/29/2009 1 1ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING -DEC 08 1135553 44000 1 2,481.06 1/29/2009 1 83626 JAGRICULTURAL COM WGHTS & MEASURES ICOYOTE CONTROL SVCS -OCT 0014431 1 45406 1 1,362.141 $1,362.14 1/29/2009 1 JAPRIL APRIL I BATSON IREIMB-SUPPLIES 0015350 1 41200 1 21.57 1/29/2009 1 83627 JAJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 1 0014090 1 41200 1 24.531 $24.53 1/29/2009 1 83628 JALBERTSONS JMTG SUPPLIES -COMM SVCS 0015350 1 41200 1 32.871 $32.87 1/29/2009 1 83629 JAMERICAN PARK & RECREATION COMPANY JEQ MAINT-PARKS 0015340 1 42210 1 330.001 $330.00 1/29/2009 83630 I BATSON REIMB-SUPPLIES 0015333 1 41200 1 12.00 $33.57 1/29/2009 1 JAPRIL APRIL I BATSON IREIMB-SUPPLIES 0015350 1 41200 1 21.57 1/29/2009 1 83631 JARNIE AQUINO IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50,001 $50.00 1/29/2009 JBEAR BEAR STATE AIR CONDITIONING SVCS IN IMAINT SVCS -DBC DEC 0015333 1 45300 773.00 1/29/2009 1 83632 JEILEEN ARMIJO IRECREATION REFUND 1 001 1 34780 1 60,001 $60.00 1/29/2009 1 83633 JARMIJO NEWSPAPER & PR AD -WINTER SNOW FEST 1 0014095 1 42115 1 187.501 $187.50 1/29/2009 83634 STATE AIR CONDITIONING SVCS IN A/C MAINT-HERITAGE DEC 0015340 42210 155.00 $928.00 1/29/2009 JBEAR BEAR STATE AIR CONDITIONING SVCS IN IMAINT SVCS -DBC DEC 0015333 1 45300 773.00 1/29/2009 83635 BEST LIGHTING PRODUCTS MAINT-PANTERA PARK 0015340 42210 262.81 $991.87 1/29/2009 IBEST LIGHTING PRODUCTS IMAINT-DBC 0015333 1 41200 729.06 1/29/2009 1 83636 IFAUSTINO BONGCARAS IFACILITY REFUND -HERITAGE 1 001 1 23002 1 200.001 $200.00 1/29/2009 1 83637 ICAROLYN BULLARD IFACILITY REFUND -DBC 1 001 1 23002 1 400.001 $400.00 1/29/2009 1 83638 IROMMEL BUSTOS IFACILITY REFUND -DBC 1 001 1 36615 1 400.00 $400.00 Page 1 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/29/2009 1 83639 TERRY CALCAGNO RECREATION REFUND 001 34730 1 47.00 $47.00 1/29/2009 83640 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 29.50 $366.87 1/29/2009 1 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 56.07 1/29/2009 83642 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 92.12 $90.00 1/29/2009 CATALINA BALLAST BULB COMPANY SUPPLIES -PARKS 0015340 42210 189.18 1/29/2009 1 83641 JCDW GOVERNMENT INC. IMAINT SVCS-I.T. 0014070 1 42205 1 2,354.101 $2,354.10 1/29/2009 1 DAY & NITE COPY CENTER ]PRINT SVCS -SNOW FEST 0015350 1 42110 102.40 1/29/2009 1 83642 CENTER ICE SKATING ARENA CONTRACT CLASS -WINTER 0015350 1 45320 1 90.001 $90.00 1/29/2009 1 83643 ICOUNCIL OF AFRICAN AMERICAN PARENTS ICITY BOOTH -FEB 14 0114010 1 42355 1 35.00 $35.00 1/29/2009 1 83644 ICOUNTRY GARDEN CATERERS INC LUNCHEON -CONCERT SHARE 0015350 1 45300 1 2,363.691 $2,363.69 1/29/2009 1 83645 ICS1 SURVEILLANCE SYSTEMS INC MAINT-DBC 1 0015333 1 42210 1 807.591 $807.59 1/29/2009 1 83646 DAY & NITE COPY CENTER PRINT SVCS -SR NEWSLETTER 0015350 1 42110 36.81 $139.21 1/29/2009 1 DAY & NITE COPY CENTER ]PRINT SVCS -SNOW FEST 0015350 1 42110 102.40 1/29/2009 1 83647 CAROL DENNIS PROF.SVCS-PLNG 1113 1 0015210 1 44000 1 100.001 $100.00 1/29/2009 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 190.00 1/29/2009 1 83648 DIAMOND BAR FINE ART FRAMING SUPPLIES -COUNCIL 1 0014010 1 41200 1 32.48 $32.48 1/29/2009 83649 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 185.00 $515.00 1/29/2009 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 190.00 1/29/2009 83652 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 140.00 $43,672.09 1/29/2009 83650 BAR/WALNUT YMCA CHILD CARE-CDBG SEPT 08 1255215 42355 1,860.00 $4,410.00 1/29/2009 IDIAMOND DIAMOND BAR/WALNUT YMCA CHILD CARE-CDBG OCT 1255215 42355 2,550.00 1/29/2009 1 83651 DIEHL EVANS AND COMPANY LLP PROF.SVCS-AUDITING 0014050 1 44010 1 12,650.001 $12,650.00 1/29/2009 ISUDHA SUDHA DOSHI FACILITY REFUND -DBC 001 1 36615 -72.00 1/29/2009 1 83652 IDIVERSIFIED PARATRANSIT INC IDIAMOND RIDE -DEC 08 1125553 1 45529 1 43,672.091 $43,672.09 1/29/2009 83653 DOSHI FACILITY REFUND -DBC 001 23002 500.00 $428.00 1/29/2009 ISUDHA SUDHA DOSHI FACILITY REFUND -DBC 001 1 36615 -72.00 Page 2 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name PLANT MAINT-C/HALL DEC Transaction Description 42210 Fund/ Dept Acct # Amount Total Check Amount EVERGREEN INTERIORS PLANT MAINT-LIBRARY DEC 0014090 42210 107.00 1/29/2009 1/29/2009 1 83654 IFRED DURAN ENTERTAINMENT-DB4YOUTH 0015350 45300 250.00 $250.00 1/29/2009 83655 EVERGREEN INTERIORS PLANT MAINT-C/HALL DEC 0014090 42210 230.00 $386.50 1/29/2009 1 EVERGREEN INTERIORS PLANT MAINT-LIBRARY DEC 0014090 42210 107.00 1/29/2009 83658 EVERGREEN INTERIORS PLANTS -CITY HALL DEC 0014090 42210 49.50 $105.75 1/29/2009 83656 EXCEL LANDSCAPE ADDL MAINT-DIST 08 1385538 42210 1,251.55 $2,105.60 1/29/2009 1 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 512.50 1/29/2009 83658 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 341.55 $105.75 1/29/2009 1 83657 1EXPRESS MAIL CORPORATE ACCOUNT 1EXPRESS MAIL -FPL 2008-336 1 001 1 23010 1 32.00 $32.00 1/29/2009 1 FIRST CLASS EVENTS FACILITY REFUND -DBC 001 23002 200.00 1/29/2009 83658 IFEDEX 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 105.751 $105.75 1/29/2009 83659 FIRST CLASS EVENTS FACILITY REFUND -DBC 001 23002 700.00 $1,100.00 1/29/2009 1 FIRST CLASS EVENTS FACILITY REFUND -DBC 001 23002 200.00 1/29/2009 83661 FIRST CLASS EVENTS FACILITY REFUND -DBC 001 23002 200.00 $1,612.50 1/29/2009 83660 ROMMEL P GARCIA FACILITY REFUND -HERITAGE 001 23002 200.00 $200.00 1/29/2009 1 GRAPHICS UNITED PRINT SVCS-REC GUIDE 0014095 1 44000 8,196.00 1/29/2009 1 83661 IGO LIVE TECHNOLOGY INC PROF.SVCS-I.T. WK 1/13 0014070 1 R44000 1 1,612.501 $1,612.50 1/29/2009 1 83662 IGOVIS LLC JANNL MAINT-I.T. 0014070 1 42205 1 31000.00 $3,000.00 1/29/2009 1 83663 IGRAND MOBIL IVEH MAINT-COMM SVCS 1 0015310 1 42200 14.241 $14.24 1/29/2009 83664 GRAPHICS UNITED PRINT SVCS -CITY NEWS 0014095 1 44000 2,962.06 $11,158.06 1/29/2009 1 GRAPHICS UNITED PRINT SVCS-REC GUIDE 0014095 1 44000 8,196.00 1/29/2009 1 83665 JARNEL GUTANG IFACILITY REFUND -DCB 001 1 23002 1 350.001 $350.00 1/29/2009 1 83666 IHARDY & HARPER INC ISIDEWALK SVCS-R/MAINT 0015554 1 45504 1 3,900.001 $3,900.00 1/29/2009 1 83667 IHOT SHOTS ATHLETIC APPAREL INC SUPPLIES -RECREATION 0015350 1 41200 1 3,808-781 $3,808.78 1/29/2009 1 83668 JINDRAVADAN SHAH MD IFACILITY REFUND -DBC 1 001 1 23002 1 500.001 $400.00 Page 3 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/29/2009 1 83668... JINDRAVADAN SHAH MD FACILITY REFUND -DBC 001 36615 -100.00 $400.00 ... 1/29/2009 1 83669 JINLAND EMPIRE STAGES EXCURSION-AGUA CALIENTE 1 1125350 1 45310 1 1,106.00 $1,106.00 1/29/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 42113 19.49 1/29/2009 1 83670 IMADHANGI JAYARAMAN RECREATION REFUND 001 23002 206.661 $206.66 1/29/2009 1 83671 ITERESAJENG IRECREATION REFUND 001 34780 65.001 $65.00 1/29/2009 1 83672 IJUDICIAL DATA SYSTEM CORP IPARKING CITE ADMIN -DEC 08 0014411 45405 161.521 $161.52 1/29/2009 1 83673 JEUNOKJUNG IRECREATION REFUND 001 34780 95.001 $95.00 1/29/2009 1 83674 IKIDS CAN DO GYMNASTICS CONTRACT CLASS -WINTER 1 0015350 45320 132.001—$132.00 1/29/2009 1 83675 IKIRK STEINKE ELECTRIC INSTALL -ELECTRIC DOOR 2505310 46415 1,875.001 $1,875.00 1/29/2009 1 83676 ICHARLEY KUO IRECREATION REFUND 001 34780 88.001 $88.00 1/29/2009 83677 IKUSTOM SIGNALS INC LASER BATTERY -SHERIFF 1264411 1 46250 498.631 $498.63 1/29/2009 83678 ICITY OF LA VERNE JPRKG CITE HRGS-JAN 09 0014411 1 45405 130.ODI $130.00 1/29/2009 83679 ILANTERMAN DEV CENTER/COMM INDUSTRIE 1PARKWAY MAINT-DEC 08 0015558 1 45503 1,982.761 $1,982.76 1/29/2009 1 83680 JLDM ASSOCIATES INC. HIP PROG-DEC 08 1255215 44000 2,362.501 $2,362.50 1/29/2009 1 83681 ILETTER PERFECT SIGNS SUPPLIES -COMM SVCS 0015340 41200 81.191 $81.19 1/29/2009 83682 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 98.56 $138.08 1/29/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 42113 19.49 1/29/2009 LEWIS ENGRAVING INC. SUPPLIES -BADGES 0015350 41200 20.03 1/29/2009 83683 LIEBERT CASSIDY WHITMORE LEGAL SVCS -DEC 08 0014020 44021 1,289.40 $1,631.40 1/29/2009 LIEBERT CASSIDY WHITMORE LEGAL SVCS -DEC 08 0014020 44021 342.00 1/29/2009 1 83684 ILOS ANGELES COUNTY MTA JMTA TOKENS -JAN 09 1125553 1 45535 1 6,250.00 $6,250.00 Page 4 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/29/2009 83685 JEAN LUONG RECREATION REFUND 001 34780 1 40.00 $40.00 1/29/2009 1 83686 IMELANIE MARCELL IRECREATION REFUND 1 001407 1 34780 1 125.001 $125.00 JM�RABEL MRABEL PALARIS FACILITY REFUND -DBC 001 36615 -100.00 1/29/2009 1 83687 IMARTIN CONTAINER INC ISTORAGE CONTAINERS -PK 1 0015340 1 42210 1 400.001 $400.00 1/29/2009 1 83688 IMERCURY DISPOSAL SYSTEMS INC IRECYCLING FEES -JAN 09 1 1155515 44000 1 550.861 $550.86 1/29/2009 1 83689 METROLINK CITY SUBSIDY -JAN 09 1125553 1 45533 1 18,373.73 $89,590.50 1/29/2009 1 METROLINK METROLINK PASSES -JAN 09 1 1125553 1 45535 1 71,216.77 1/29/2009 1 83690 IMICRO TEL CENTER JANNL MAINT-I.T. 1 001407 1 42205 1 735.001 $735.00 JM�RABEL MRABEL PALARIS FACILITY REFUND -DBC 001 36615 -100.00 1/29/2009 1 83691 IMOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 1 0015333 1 41200 1 8.001 $8.00 1/29/2009 1 83692 IMOBILE RELAY ASSOCIATES INC IREPEATER SVCS -FEB 09 1 0014440 1 42130 1 78.751 $78.75 1/29/2009 1 83693 JIRENE MURO IRECREATION REFUND 1 001 1 34730 1 47.00 $47.00 1/29/2009 1 83694 ISUMA MURTHY IFACILITY REFUND -DBC 123002 1 800.00 $800.00 1/29/2009 1 83695 ILONG NGUYEN IFACILITY REFUND -DBC 1 001 1 23002 1 500.001 $500.00 1/29/2009 1 83696 INORRIS REPKE INC ISLURRY SEAL -AREA 5 1 2505510 1 46411 1 1,850.001 $1,850.00 1/29/2009 1 83697 JOLYMPIC STAFFING SERVICES ITEMP SVCS -WK 1/18 C/S 1 0015310 1 44000 1 794.401 $794.40 1/29/2009 1 83698 JOMG NATIONAL ANNL MAINT FEE -FY 08/09 1 0014095 1 44000 1 39-001 $39.00 1/29/2009 1 83699 PALARIS FACILITY REFUND -DBC 001 23002 500.001/29/2009 $100.00 JM�RABEL MRABEL PALARIS FACILITY REFUND -DBC 001 36615 -100.00 1/29/2009 1 83700 IREICHELLE PALO IFACILITY REFUND -DBC 001 I23002 1 100.00 $100.00 1/29/2009 1 83701 JANGELA PEREZ IFACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 1/29/2009 1 83702 IPHT LLC SUPPLIES -CONCERT SHARE 1 0015350 1 41200 1 244.80 $244.80 Page 5 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/29/2009 1/29/2009 83703 QUINN RENTAL SERVICES QUINN RENTAL SERVICES 11EQ RENTAL -COMM SVCS EQ RENTAL -COMM SVCS 0015350 0015350 42130 42130 259.00 106.77 $365.77 1/29/2009 83704 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT -FEB 0014096 45000 1,000.001$1,000.00 1/29/2009 83705 PRINTWERKS PRINT SVCS -ENVELOPES 0014090 42110 535.84 $680.89 1/29/2009 JRE:NBERGER RENBERGER PRINTWERKS PRINT SVCS -LETTERHEAD 0014090 42110 70.36 1/29/2009 83707 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 42110 74.69 $400.00 1/29/2009 1 83706 IS C SIGNS & SUPPLIES LLC SUPPLIES -RD MAINT 1 0015554 1 41250 1 639.50 $639.50 1/29/2009 1AHMED SALEM FACILITY REFUND -DBC 001 1 36615 -18.00 1/29/2009 1 83707 IMARISSA SAAVEDRA IFACILITY REFUND -DBC 1 001 23002 400.001 $400.00 1/29/2009 1 83708 SADDLEBACK VINYL PRODUCTS IVINYL FENCE-PANTERA 1 0015340 42210 2,494.80 $2,494.80 1/29/2009 83709 AHMED SALEM FACILITY REFUND -DBC 001 1 23002 500.00 $482.00 1/29/2009 1AHMED SALEM FACILITY REFUND -DBC 001 1 36615 -18.00 1/29/2009 1 83710 IMARIA SANCHEZ RECREATION REFUND 001 34780 40.00 $40.00 1/29/2009 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 249.64 1/29/2009 1 83711 ISHEPPARD, MULLIN, RICHTER & HAMPTON LEGAL SVCS -NFL STADIUM 0014020 1 44021 1 48,703.981 $48,703.98 1/29/2009 1 83712 ISILVER STATE COACH INC EXCURSION -TRANSPORTATION 1125350 1 45310 1 77.421 $77.42 1/29/2009 1 83713 ISIMPSON ADVERTISING INC DESIGN SVCS -CITY NEWS JAN 0014095 1 44000 1 1,800.001 $1,800.00 1/29/2009 83714 SMART & FINAL SUPPLIES -SR BINGO 0015350 1 41200 371.66 $667.53 1/29/2009 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 249.64 1/29/2009 83716 SMART & FINAL SUPPLIES -DBC 0015333 1 41200 46.23 $1,013.62 1/29/2009 1 83715 JKRISTEN SMITH 1FACILITY REFUND -DBC 1 001 1 23002 1 400.001 $400.00 1/29/2009 1 83716 ISO CAL SANITATION EQ RENTAL -SNOW FEST 0015350 1 42130 1 1,013.621 $1,013.62 1/29/2009 1 83717 SO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL FEB 09 0014090 1 42140 1 21,810.601 $21,810.60 1/29/2009 83718 IJUNG SON IRECREATION REFUND 1 001 1 34780 1 60.001 $60.00 Page 6 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 83759 BENESYST 2/6/09-P/R DEDUCTIONS 001 21105 1 787.22 $787.22 2/5/2009 83760 BERLYN ENTERPRISES SUPPLIES -CANOPIES 1 0014440 1 41200 1 368.81 $368.81 2/5/2009 CAROL DENNIS PROF.SVCS-P & R MTG 0015310 44000 100.00 2/5/2009 1 83761 IJOHN E BISHOP CONTRACT CLASS -WINTER 1 0015350 45320 696.00 $696.00 2/5/2009 83762 PAMELA BLAKE FACILITY REFUND -DBC 1 001 1 23002 1 500.001 $500.00 2/5/2009 83763 ICALIFORNIA CONTRACT CITIES ASSOC. CCCA MTG-CMGR 1 0014030 1 42325 1 22.00 $22.00 2/5/2009 1 83764 ICALOLYMPIC SAFETY SUPPLIES-EOC VESTS 0014440 1 41200 311.93 $311.93 2/5/2009 1 83765 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 1 0015333 1 41200 1 318.74 $318.74 2/5/2009 1 83766 ICHARTER OAK GYMNASTICS, INC. CONTRACT CLASS -WINTER 0015350 1 45320 1 432.001 $432.00 2/5/2009 1 83767 ICITY OF CLAREMONT EXCURSION -DAY CAMP 0015350 1 42410 1 107.50 $107.50 2/5/2009 1 83768 INANCYANN CLARK ICONTRACT CLASS -WINTER 0015350 1 45320 1 336.00 $336.00 2/5/2009 1 83769 CLAUDE G BRADLEY REIMB-VEH GAS 0015310 1 42310 1 73.311 $73.31 2/5/2009 1 83770 ICORINA CORONA RECREATION REFUND 001 34780 70.00 $70.00 2/5/2009 1 83771 ICOUNTRY GARDEN CATERERS INC BROCHURE EXCHANGE-C/SVCS 1 0015350 45300 480.09 $480.09 2/5/2009 1 83772 1 DELTA DENTAL IFEB 09 -DENTAL PREMIUMS 1 001 1 21104 1 3,253.951 $3,253.95 2/5/2009 83773 CAROL DENNIS PROF.SVCS-SS1CC MTG 0014030 44000 150.00 $350.00 2/5/2009 CAROL DENNIS PROF.SVCS-P & R MTG 0015310 44000 100.00 2/5/2009 83775 CAROL DENNIS PROF.SVCS-T&T MTG 0015510 44000 100.00 $3,740.00 2/5/2009 1 83774 IDIAMOND BAR FINE ART FRAMING SUPPLIES -GENERAL 1 0014010 1 41200 1 12.471 $12.47 2/5/2009 1 83775 DIAMOND BAR/WALNUT YMCA CDBG-CHILDCARE NOWDEC 1 1255215 1 42355 1 3,740.001 $3,740.00 2/5/2009 1 83776 EDWIN DIAZ IFACILITY REFUND -HERITAGE 1 001 1 23004 1 200.00 $200.00 Page 10 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 83777 INELTHY DIAZ RECREATION REFUND 001 34780 1 70.00 $70.00 2/5/2009 1 83778 1HELEN DONG IRECREATION REFUND 001 1 34740 1 79.001 $79.00 2/5/2009 1 EMAD NABIH & STAIB BACKHOE CONSTRUCTION-SUMMTRDG 2505310 46415 3,160.00 2/5/2009 1 83779 JEDFUND ISLRY ATTCHMT-PP 2/6/09 001 1 21114 1 14.76 $14.76 2/5/2009 83780 EMAD NABIH & STAIB BACKHOE RETENTION PAYABLE 250 20300 13,139.01 $18,674.01 2/5/2009 1 EMAD NABIH & STAIB BACKHOE CONSTRUCTION-SUMMTRDG 2505310 46415 3,160.00 2/5/2009 83784 EMAD NABIH & STAIB BACKHOE CONSTRUCTION-SUMMTRDG 2505310 46415 2,375.00 $769.50 2/5/2009 1 83781 EVERGREEN INTERIORS PLANT SVCS -DBC JAN 0015333 45300 177.00 $312.00 2/5/2009 1 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 45300 135.00 2/5/2009 83782 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 9,768.06 $25,522.88 2/5/2009 1 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 2/5/2009 83784 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 $769.50 2/5/2009 1 83783 IFEDEX 1EXPRESS MAIL -GENERAL 0014090 1 42120 1 98.40. $98.40 2/5/2009 1 FIRST CLASS EVENTS FACILITY REFUND -DBC 001 23002 1 450.00 2/5/2009 1 83784 JDAVID FERNANDEZ ICONTRACT CLASS -WINTER 0015350 1 45320 1 769.501 $769.50 2/5/2009 83785 FIRST CLASS EVENTS FACILITY REFUND -DBC 001 23002 600.00 $1,050.00 2/5/2009 1 FIRST CLASS EVENTS FACILITY REFUND -DBC 001 23002 1 450.00 2/5/2009 1 83786 IDESIREE FLEMING IFACILITY REFUND -HERITAGE 001 1 23002 1 200.001 $200.00 2/5/2009 HALL & FOREMAN, INC. PRORSVCS-INSPECTION 0015510 R45227 265.18 2/5/2009 1 83787 JDANIEL GARCIA ICONTRACT CLASS -WINTER 0015350 1 45320 1 969.001 $969.00 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 03-393 001 23012 289.06 2/5/2009 1 83788 IGIRL SCOUT TROOP 495 IFOOD REIMB-W/SNOW FEST 0015350 1 45300 1 19.001 $19.00 2/5/2009 83790 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 189.06 $8,295.05 2/5/2009 HALL & FOREMAN, INC. PRORSVCS-INSPECTION 0015510 R45227 265.18 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 412.56 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 03-393 001 23012 289.06 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-393 001 23012 72.27 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-393 001 34650 -72.27 2/5/2009 1 1HALL & FOREMAN, INC. PROF.SVCS-EN 05-500 1001 123012 1480.00 Page 11 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 83790... HALL & FOREMAN, INC. ADMID FEE -EN 05-500 001 23012 120.00 $8,295.05 ... 2/5/2009 HALL & FOREMAN, INC. ADMID FEE -EN 05-500 001 34650 -120.00 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 45227 146.25 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-571 001 23012 168.75 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-571 001 34650 -168.75 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 03-385 001 23012 500.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-385 001 23012 125.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-385 001 34650 -125.00 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 05-471 001 23012 212.44 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 05-471 001 23012 53.11 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 07-571 001 23012 675.00 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 R45227 233.62 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 05471 001 34650 -53.11 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 04-434 001 23012 900.00 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 04-459 001 23012 1,012.50 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-459 001 23012 253.13 2/512009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-459 001 34650 -253.13 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 03-361 001 23012 825.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-361 001 23012 206.25 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-361 001 34650 -206.25 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 08-626 001 23012 750.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-626 001 23012 187.50 2/512009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-626 001 34650 -187.50 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 07-559 001 23012 300.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 23012 75.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 34650 -75.00 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 07-595 001 23012 47.63 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-434 001 23012 225.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-434 001 34650 -225.00 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 04-457 001 23012 250.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-457 001 23012 62.50 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-457 001 34650 -62.50 2/5/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 04-453 001 23012 96.75 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-453 001 23012 24.19 2/5/2009 HALL & FOREMAN, INC. 1ADMIN FEE -EN 04-453 1 001 34650 -24.19 Page 12 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 83790... HALL & FOREMAN, INC. PROF.SVCS-EN 01-321 001 23012 710.00 $8,295.05... 2/5/2009 83792 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 23012 177.50 $45.00 2/5/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 34650 -177.50 2/5/2009 83791 JDANA HOLDEN IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 2/5/2009 1 JINLAND INLAND EMPIRE STAGES 1EXCURSION-NETHERCUTT 0015350 1 45310 754.00 2/5/2009 1 83792 KEVIN HOUSE IT & T COMM -1/8 1 0015510 1 44100 1 45.001 $45.00 2/5/2009 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 08-621 001 23012 1,969.00 2/5/2009 1 83793 JINDLISTRIAL CLERICAL RECRUITERS INC ITEMP SVCS -WK 1/23 P/WKS 1 0015510 1 44000 1 980.001 $980.00 2/5/2009 83794 EMPIRE STAGES TRANSPORTATION-EXCRSN 1125350 1 45310 894.50 $1,648.50 2/5/2009 1 JINLAND INLAND EMPIRE STAGES 1EXCURSION-NETHERCUTT 0015350 1 45310 754.00 2/5/2009 83795 VALLEY DAILY BULLETIN LEGAL AD -FPL 2008-326 001 23010 402.50 $733.75 2/5/2009 JINLAND INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2008-338 001 23010 331.25 2/5/2009 83796 JINNOTECH PRODUCTS SUPPLIES-EOC MEALS READY 1 0014440 1 41200 1 487.60 $487.60 2/5/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-490 001 23012 292.95 2/512009 1 83797 IMOHAMAD R JAHANVASH ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 480.001 $480.00 2/5/2009 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 08-621 001 23012 1,969.00 2/5/2009 1 83798 JEUNOKJUNG IRECREATION REFUND 1 001 1 34780 1 70.001 $70.00 2/5/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 08-621 001 34650 -354.42 2/5/2009 1 83799 IGABRIELA KLEIN ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 1,140.001 $1,140.00 2/5/2009 1 83800 ISHAWN KUK IFACILITY REFUND-PANTERA 001 1 23004 1 100.001 $100.00 2/5/2009 1 83801 ICHARLEY KUO IRECREATION REFUND 1 001 1 34780 1 70.001 $70.00 2/5/2009 1 83802 JKLISTOM IMPRINTS INCORP. SUPPLIES -RECREATION 1 0015350 1 41200 1 481.161 $481.16 2/5/2009 83803 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 05-490 001 23012 1,627.50 $3,596.50 2/5/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-490 001 23012 292.95 2/5/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-490 001 34650 -292.95 2/5/2009 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 08-621 001 23012 1,969.00 2/5/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 08-621 001 23012 354.42 2/5/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 08-621 001 34650 -354.42 Page 13 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 83804 LIANA PINCHER T & T COMM -1/8 0015510 44100 1 45.00 $45.00 2/5/2009 1 83805 ILOCAL GOVERNMENT COMMISSION IMEMBERSHIP DUES-GUBMAN 0015210 1 42315 1 75.001 $75.00 2/5/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,556.73 2/5/2009 1 83806 ILOS ANGELES COUNTY SHERIFF'S DEPT. ICALVARY CHAPEL -DEC 08 0014411 1 45402 1 8,206.391 $8,206.39 2/5/2009 1 83807 ILOS ANGELES ROYAL VISTA GOLF COURSE IFACILITY RENTAL -GOLF 0015350 1 42140 1 3,008.001$3,008.00 $500.00 2/5/2009 1 83808 IMANAGED HEALTH NETWORK IJAN 09 -EAP PREMIUMS 001 1 21115 1 150.121 $150.12 2/5/2009 1 83809 IMOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -RECREATION 0015350 1 41200 1 8.001 $8.00 2/5/2009 1 83810 IKENNETH MOK IT & T COMM -1/8 1 0015510 1 44100 1 45.001 $45.00 2/5/2009 1 83811 JMT CALVARY LUTHERAN CHURCH & SCHOOL IGYM RENTAL -AUG 08 0015350 1 42140 1 1,350.00 $1,350.00 2/5/2009 1 83812 INORRIS REPKE INC IST REHAB-LYCOMING ST 2505510 1 R46411 I 3,076.25 $3,076.25 2/5/2009 1 83813 JOLYMPIC STAFFING SERVICES ITEMP SVCS -WK 1/25 C/S 0015310 1 44000 1 774.541 $774.54 2/5/2009 1 83814 JPAETEC COMMUNICATIONS INC. ILONG DIST SVCS -GENERAL 1 0014090 1 42125 1 790.401 $790.40 215/2009 83815 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $24,255.47 2/5/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,556.73 2/5/2009 83817 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,653.17 $96.00 2/5/2009 1 83816 IR F DICKSON COMPANY IDEBRIS COMPOSTING -DEC 1155515 1 45500 1 6,405.861 $6,405.86 2/5/2009 REPUBLIC ELECTRIC jTRFFC SIGNAL MAINT-OCT 0015554 1 45507 1 5,106.17 2/5/2009 1 83817 IFRANCISCA RAHARDJA IRECREATION REFUND 1 001 1 34780 1 96.001 $96.00 2/5/2009 1 83818 IRAYMOND ENTERPRISES IBOND RELEASE -EP 08-3917 1 001 1 23012 1 500.001 $500.00 2/5/2009 83819 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-OCT 0015554 1 45507 1 3,915.00 $9,021.17 2/5/2009 REPUBLIC ELECTRIC jTRFFC SIGNAL MAINT-OCT 0015554 1 45507 1 5,106.17 2/5/2009 1 83820 RJM DESIGN GROUP INC DESIGN SVCS-PANTERA 2505310 R46415 1,767.50 $1,891.30 2/5/2009 1RJM DESIGN GROUP INC DESIGN SVCS-PANTERA 2505310 1 R46415 1 123.80 Page 14 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 83821 1PATRICIA ROBINSON RECREATION REFUND 001 34730 1 94.00 $94.00 2/5/2009 1 83822 INISHANT ROHATGI IFACILITY REFUND -DBC 1 001 1 36615 1 400.001 $400.00 2/5/2009 1 SAN GABRIEL VALLEY CITY MGR ASSC ISGVCMGR MTG-H/R 0014060 1 42325 1 30.00 2/5/2009 83823 IRONALD M EVERETT REIMB-MYRS/CNCLACADEMY 1 0014010 1 42330 1 519.001 $519.00 2/5/2009 83824 SAN GABRIEL VALLEY CITY MGR ASSC SGVCMGR MTG-CMGR 0014030 1 42325 1 30.00 $60.00 2/5/2009 1 SAN GABRIEL VALLEY CITY MGR ASSC ISGVCMGR MTG-H/R 0014060 1 42325 1 30.00 2/5/2009 1 83825 IMICHAEL SHAY IT & T COMM -1/8 1 0015510 1 44100 1 45.001 $45.00 2/5/2009 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 1 89.25 2/5/2009 1 83826 ISOS SURVIVAL PRODUCTS INC SUPPLIES-EOC 1 0014440 1 41200 1 1,261.98 $1,261.98 2/5/2009 83827 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 1 120.37 $209.62 2/5/2009 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 1 89.25 2/5/2009 1 83828 ISOUTHWEST PLUMBING IBOND REFUND -EP 08-3930 001 1 23012 1 500.00 $500.00 2/5/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-326 001 23010 338.00 2/5/2009 1 83829 ISOUTHWEST PLUMBING IBOND REFUND -EP 08-3948 001 1 23012 1 500.00 $500.00 215/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-338 001 23010 273.00 2/5/2009 1 83830 ISTANDARD AND POORS IBOND RATING SVCS -LOC 0014090 1 42129 1 1,000.001 $1,000.00 2/5/2009 1 83831 ISTATE DISBURSEMENT UNIT ISLRY ATTCHMT-#0000932977 1 001 1 21114 1 380.741 $380.74 2/5/2009 1 83832 ISTATE DISBURSEMENT UNIT ISLRY ATTCHMT-BY0426064 1 001 1 21114 1 100.001 $100.00 2/5/2009 1 83833 ITANDEM PRIVATE SECURITY SECURITY -HOMELESS CNT 1 0014090 1 44000 1 108.001 $108.00 2/5/2009 1 83834 ITENNIS ANYONE ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 3,206.001 $3,206.00 2/5/2009 1 83835 ITHAI CULTURAL CENTER IFOOD REIMB-W/SNOW FEST 0015350 1 45300 1 149.001 $149.00 2/5/2009 83836 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CDBG CURB RAMP 2505510 46420 144.25 $1,042.00 2/5/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-326 001 23010 338.00 2/5/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-320 001 23010 286.75 215/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2008-338 001 23010 273.00 Page 15 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 1 83837 ITHE WHOLE ENCHILADA INC MTG SUPPLIES-CNCL 12/16 1 0014090 1 42325 1 288.911 $288.91 215/2009 1 83838 ITIME WARNER JINTERNET SVCS -HERITAGE 1 0015340 1 42126 1 116.011 $116.01 2/5/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 87.80 2/5/2009 1 83839 ITIME WARNER IMODEM SVCS -COUNCIL 1 0014010 1 42130 1 46.951 $46.95 2/5/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 3,489.25 2/5/2009 1 83840 JTRG LAND INC PROF.SVCS-SITE D PLAN 1 0015240 1 R44000 1 19,149.191 $19,149.19 2/5/2009 1 83841 IVALLEY CREST LANDSCAPE MAINT INC IMAINT SVCS-SYC CYN PK 1 0015340 1 42210 1 345.501 $345.50 2/5/2009 1 83842 IVANTAGEPOINT TRNSFR AGNTS-303248 2/6109 -PIR DEDUCTIONS 1 001 1 21108 1 25,374.311 $25,374.31 2/5/2009 83843 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 248.97 $424.57 2/5/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 87.80 2/5/2009 83845 VERIZON CALIFORNIA PH.SVCS-REAGAN 0015340 42125 87.80 $1,365.40 2/5/2009 1 83844 1PHUNPHILAS VIRAVAN IRECREATION REFUND 1 001 1 34780 1 70.001 $70.00 2/5/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 1,361.15 2/5/2009 1 83845 IVISION SERVICE PLAN IFEB 09 -VISION PREM 1 001 1 21107 1 1,365.401 $1,365.40 2/5/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 3,489.25 2/5/2009 1 83846 IWAGNER HOUSE WEDDING CENTRE JEXHIBIT SPACE -DBC 1 0015333 1 42141 1 6537.501 $637.50 2/5/2009 1 83847 IWALNUT VALLEY UNIFIED SCHOOL DIST IFACILITY RENTAL -JAN 09 1 0015350 1 42140 1 360.001 $360.00 2/5/2009 83848 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 3,670.75 $9,711.22 2/5/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 1,361.15 2/5/2009 83850 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 605.64 $108.00 2/5/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 3,489.25 2/5/2009 83851 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 584.43 $70.00 2/5/2009 1 83849 IWESTERN TEL COM DEVELOPMENT INC 113OND REFUND -EP 08-3801 001 1 23012 1 500.001 $500.00 2/5/2009 83850 ITHERESAWINECKI JEONTRACT CLASS -WINTER 0015350 1 45320 1 108.001 $108.00 2/5/2009 83851 ITING LI YANG IRECREATION REFUND 001 1 34780 1 70.001 $70.00 2/5/2009 83852 JYMCA Y'S MEN IFOOD REIMB-W/SNOW FEST 1 0015350 1 45300 1 79.001 $79.00 Page 16 City of Diamond Bar - Check Register 01/29/09 thru 02/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/5/2009 1 83853 IYULIA YUPITER IFACILITY REFUND-REAGAN 001 1 23002 1 50.001 $50.00 1/29/2009 1 TR 00079 JUNION BANK OF CALIFORNIA, NA ILEASE PAYMENT -DBC FEB 09 0014090 1 42140 1 27,044.741 $27,044.74 $926,533.45 Page 17 CITY COUNCIL Agenda # 6.4 Meeting Date: February 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVE CONTRACT INCREA"IEWOFF $19,251.44 FOR THE TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE I PROJECT WITH PTM GENERAL ENGINEERING SERVICES, INC. FOR A TOTAL AUTHORIZATION AMOUNT OF $495,327.74. RECOMMENDATION: Approve. FINANCIAL IMPACT: The subject project was awarded to PTM Engineering, Inc. in Fiscal Year 2007/2008 for a total authorization amount of $476,076.30 which includes $436,076.30 for construction plus a contingency amount of $40,000. Additional work in the amount of $19,251.44 has been deemed necessary for a total construction cost of $495,327.74. Sufficient funds, in the amount of $21,800.00, are available due to cost savings achieved from a reduction in construction management and inspection services. Description Amount Approved Available Balance Design $34,000.00 $0 Construction $436,076.30 $0 Contingency for Construction $40,000.00 $0 Inspection/Construction Management CM Services $48,000.00 $17,000.00 Contingency for Inspection/CM Services $4,800.00 $4,800.00 Total $562,876.30 $21,800.00 DISCUSSION: As shown on the attached map, Phase I of the Traffic Signal Interconnect Links Project establishes the backbone network of interconnected traffic signals in the City. This fiber optic network of interconnected signals will provide for the data and video transmission capability that is necessary to operate the upcoming Traffic Management System. A large component of the additional work was due to the conduit and cable runs needed between the AQMD building point of connection and the City Hall server room. In addition, field conditions for the interconnect warranted modified conduit runs and extensions of fiber optic cable to accommodate future maintenance needs. The project is expected to be 100% complete by the end of February. To date, PTM Engineering, Inc. has worked cooperatively and provided quality work in accordance with the project plans and specifications. PREPARED BY: Rick Yee, Senior Engineer Date Prepared: February 9, 2009 REVIEV,VSD BY David G. Liu, Director of Public Works Attachment: Interconnect Map 2 of Di lmona mar phase I city Lrn Txaf is sigoa w CITY COUNCIL Agenda # r 5 Meeting Date: February 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana ° e TITLE: EXONERATION OF SURETY BOND NO. 3SM98404400 IN THE AMOUNT OF $10,000.00 POSTED BY WINDMILL DEVELOPMENT FOR TRACT 50314 TO SET MONUMENTATION ESTABLISHING PROPERTY BOUNDARIES. 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. The sewer, storm drain and street improvement bond was exonerated by Council on November 5, 2002. The domestic and reclaimed water bond was exonerated on March 4, 2003 and the grading bond was exonerated on February 3, 2009. DISCUSSION: A written request dated January 28, 2009 was received from Windmill Development requesting the exoneration. Additionally, certifications that all monuments were set was received from the civil engineer and is on file with the City. The following surety bond is recommended for exoneration: Surety Bond No. 3SM98404400 in the amount of $10,000.00 for Monumentation. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: February 4, 2009 REVIEWED BY: Da 'd G. L' irector of Public Works Attachments: LETTER OF REQUEST, January 28, 2009 Windmill Estates. LLC r _ 2632 West 237`h 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. 3SM98404400 Dear Kimberly, As discussed, verification that all monuments were set for Tract 50314 by the summer of 2002 was forwarded to you from the engineer of record, Hunsaker & Associates. Both Hunsaker and the undersigned believed that such evidence had been sent years ago, but apparently the bond guaranteeing the work was never formally exonerated. Please have the matter calendared for exoneration by the City Council, effective as of the date set forth by Hunsaker as to completion and full payment of the engineer's fees by the subdivider. Sincerely, Kurt Nelson Windmill Estates. LLC (formerly Windmill Development, Ltd) CITY COUNCIL Agenda # 6.6 Meeting Date: February 17. 2009 AGENDA REPORT TO: IIonorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: AN AMENDMENT TO THE FO THILL TRANSIT JOINT POWERS AUTHORITY APPROVING THE CITY OF PASADENA AS A NEW MEMBER RECOMMENDATION: Approve FISCAL IMPACT: None. BACKGROUND / DISCUSSION: The City of Diamond Bar is a member of the Foothill Transit Joint Powers Authority (JPA). As a member, Diamond Bar's commuter and local express service is provided by Foothill Transit, with lines connecting to points throughout the San Gabriel Valley and into the major employment and cultural centers in the City of Pasadena. Despite this, the City of Pasadena is not currently a member of the Foothill Transit JPA. Last year, the Foothill Transit Governing Board voted unanimously to extend an invitation to Pasadena to join the JPA. The Board believes that Pasadena's membership would provide a strong ally in the effort to secure state and federal funding for mass transportation improvements while serving as a connecting piece between the transit systems of the San Fernando Valley and cities like Glendale and Burbank. The Governing Board is now asking all member agencies to formally agree to amend the JPA to include the City of Pasadena as a full member. If approved by the Council, the amendment will be signed by the Council's appointed liaison to the Foothill Transit Board. Prepared by: Q� Rya cLean, Assistant to the City Manager ,46� Foothill Transit WE DRIVE 100 S. Vincent Ave., Ste. 2D0, West Covina, CA 91790.2944 January 30, 2009 ph: 626.967.3147 fax. 626.915' .1143 wv w.foothilltransit.org The Honorable Ron Everett Mayor, City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Mayor Everett, - The City of Pasadena is a major employment center and popular destination in the San Gabriel Valley. Foothill Transit operates both commuter express service and local service between the communities who are members of the Foothill Transit Joint Powers Authority (JPA) and the City of Pasadena. However, the City of Pasadena is not a JPA member. Interest has been expressed by both the City of Pasadena and the Foothill Transit Governing Board to have Pasadena join the JPA. If Pasadena were to join the JPA, the city would have a seat at the policy table and could more effectively provide input regarding the services that Foothill Transit provides. Foothill Transit would be more closely linked to Pasadena, which is a gateway to Glendale, Burbank and the San Fernando Valley. Foothill Transit would also gain in political influence in Sacramento and Washington, D.C. if the city were a member. At the Foothill Transit Annual Meeting on May 7, the Governing Board unanimously voted to extend an invitation to the City of Pasadena to join the JPA. In order for Pasadena to accept this invitation, all current member organizations of Foothill Transit must ratify its addition as a new member. This requires the approval of each city council for the current member cities and the County of Los Angeles. Prior to formally endorsing the addition of Pasadena to the JPA, the Governing Board had a letter sent to each member agency. The letter requested each agency's comments regarding the addition of Pasadena as a member agency as well as the resulting structural changes to the Governing Board. We received a number of responses and all were positive. On October 30, the Governing Board unanimously voted to request that all Foothill Transit JPA member organizations formally approve amending the Foothill Transit JPA Agreement to add the City of Pasadena as a JPA member. This now requires each member city and the County of Los Angeles to place this item on an upcoming meeting agenda and approve the new joint powers agreement which will admit Pasadena as a member. Attached is a signature copy of the amended joint powers agreement (Attachment). Please return your own signature page with original signatures by the mayor and city clerk or other authorized representatives. We will provide you with a complete copy after all signatures are received. Your response by March 31, 2009 would be very much appreciated. Thank you for your assistance. Should you have any questions, please contact Foothill Transit Executive Director Doran Barnes at (626) 931-7200 or me. Sincerely, Peggy Delach Executive Board Chair cc: Carol Herrera James DeStefano Executive Board Peggy Delach President, Michael De La Torre vice President, Lola Storing Treasurer; Paula Lantz Member, Roger Chandler Member, Executive Director Doran J. Barnes Member Cities Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, EI Monte, Glendora, Industry, Irwindale, La Puente, La Verne, Monrovia, Pomona, Sen Dimes, South EI Monte, Temple City, Walnut, West Covina and Los Angeles County A Public Agency AGENDA REPORT Agenda # 6 . 6 Meeting Date: February 17, 2009 CIT TO: VIA: TITLE: Honorable Mayor and Members of the City Council James DeStefano, City Man AN AMENDMENT TO THE FO I) THILL TRANSIT JOINT POWERS AUTHORITY APPROVING THE CITY OF PASADENA AS A NEW MEMBER RECOMMENDATION: Approve FISCAL IMPACT: None. BACKGROUND / DISCUSSION: The City of Diamond Bar is a member of the Foothill Transit Joint Powers Authority (JPA). As a member, Diamond Bar's commuter and local express service is provided by Foothill Transit, with lines connecting to points throughout the San Gabriel Valley and into the major employment and cultural centers in the City of Pasadena. Despite this, the City of Pasadena is not currently a member of the Foothill Transit JPA. Last year, the Foothill Transit Governing Board voted unanimously to extend an invitation to Pasadena to join the JPA. The Board believes that Pasadena's membership would provide a strong ally in the effort to secure state and federal funding for mass transportation improvements while serving as a connecting piece between the transit systems of the San Fernando Valley and cities like Glendale and Burbank. The Governing Board is now asking all member agencies to formally agree to amend the JPA to include the City of Pasadena as a full member. If approved by the Council, the amendment will be signed by the Council's appointed liaison to the Foothill Transit Board. Prepared by: Rya cLean, Assistant to the City Manager January 30, 2009 The Honorable Ron Everett Mayor, City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Foothill Transit WE ID R I -NTE 100 S. Vincent Ave., Ste. 200, West Covina, CA 91790-2944 ph: 626.967.3147 fax. 626.915,.1143 wwwfoothilltransit.org Dear Mayor Everett, The City of Pasadena is a major employment center and popular destination in the San Gabriel Valley. Foothill Transit operates both commuter express service and local service between the communities who are members of the Foothill Transit Joint Powers Authority (JPA) and the City of Pasadena. However, the City of Pasadena is not a JPA member. Interest has been expressed by both the City of Pasadena and the Foothill Transit Governing Board to have Pasadena join the JPA. If Pasadena were to join the JPA, the city would have a seat at the policy table and could more effectively provide input regarding the services that Foothill Transit provides. Foothill Transit would be more closely linked to Pasadena, which is a gateway to Glendale, Burbank and the San Fernando Valley. Foothill Transit would also gain in political influence in Sacramento and Washington, D.C. if the city were a member. At the Foothill Transit Annual Meeting on May 7, the Governing Board unanimously voted to extend an invitation to the City of Pasadena to join the JPA. In order for Pasadena to accept this invitation, all current member organizations of Foothill Transit must ratify its addition as a new member. This requires the approval of each city council for the current member cities and the County of Los Angeles. Prior to formally endorsing the addition of Pasadena to the JPA, the Governing Board had a letter sent to each member agency. The letter requested each agency's comments regarding the addition of Pasadena as a member agency as well as the resulting structural changes to the Governing Board. We received a number of responses and all were positive. On October 30, the Governing Board unanimously voted to request that all Foothill Transit JPA member organizations formally approve amending the Foothill Transit JPA Agreement to add the City of Pasadena as a JPA member. This now requires each member city and the County of Los Angeles to place this item on an upcoming meeting agenda and approve the new joint powers agreement which will admit Pasadena as a member. Attached is a signature copy of the amended joint powers agreement (Attachment). Please return your own signature page with original signatures by the mayor and city clerk or other authorized representatives. We will provide you with a complete copy after all signatures are received. Your response by March 31, 2009 would be very much appreciated. Thank you for your assistance. Should you have any questions, please contact Foothill Transit Executive Director Doran Barnes at (626) 931-7200 or nne. Sincerely, k?" --s<1 Peggy Delach Executive Board Chair cc: Carol Herrera James DeStefano Executive Board Peggy Delach President, Michael De La Torre Vice President, Lola Storing Treasurer; Paula Lantz Member; Roger Chandler Membec Executive Director Doran J. Barnes Member Cities Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, EI Monte, Glendora, Industry, Irwindale, La Puente, La Verne, Monrovia, Pomona, San Dimas, South EI Monte, Temple City, Walnut, West Covina and Los Angeles County A Public Agency CITY COUNCIL Agenda # 6.7 (a) Meeting Date: Februart 17.2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana'q�—p TITLE: APPROVE CONTRACT AMENNT AMOUNT OF $11,405.00 WITH NORRIS-REPKE FOR THE 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT FOR A TOTAL AUTHORIZATION AMOUNT OF $39,795.00. RECOMMENDATION: Approve. FISCAL IMPACT: In FY 2008-2009 $121,608 of Community Development Block Grant (CDBG) Funds were allocated to the curb ramp project in the vicinity of Neil Armstrong Elementary School. To date a total of $86,081 has been encumbered for the design, construction administration and construction for the project as shown in the table below. Budget $121,608.00 Design and Construction Admin w/ Norris - Re ke $25,890.00 $95,718.00 Contingency for Norris -Re ke $2,500.00 $93,218.00 Construction Contract w/ Fonseca Construction $46,191.00 $47,027.00 Contingency for Fonseca Construction $11,500.00 $35,527.00 Norris -Re ke Amendment No. 1 $11,405.00 $24,122.00 Fonseca Construction Contract Increase $24,000.00 $122.00 BACKGROUND/DISCUSSION: On November 4, 2008, Council approved a contract with Norris-Repke for design and construction administration services of the 2008-2009 CDBG Curb Ramp Installation Project in the amount of $25,890 with a contingency of $2,500. The scope of services included preparation of plans, specifications, engineering estimates and inspection services. At the City's request, Norris-Repke submitted a proposal for additional design and construction administration services. The initial contract approved by Council included part time inspection services during construction. Due to the City's desire to maintain a certain level of quality control that is required for this project, staff requested full time inspection during construction. Additionally, twenty-seven (27) curb ramps were originally designed for this project with an engineer's estimate of $86,000 for construction. Since the current responsible contractor's bid came in approximately 54% below engineer's estimate, the City requested additional ramp design at 7 locations (approximately 11 curb ramps) within a half mile radius of Neil Armstrong Elementary School. Upon Council's approval, the total authorization amount of the Norris-Repke contract will be $39,795.00. PREPARED BY: Kimberly Molina, Associate Engineer REVIEW BY: r David. Li , Director of Public Works DATE PREPARED: February 11, 2009 Attachments: Contract Amendment No. 1 for Norris-Repke Norris-Repke Revised Fee Breakdown Table February 2009 2 AMENDMENT NO. 01 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 01 is made and entered into this 17th day of February 2009, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and NORRIS-REPKE, INC. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide Professional Consulting Services, which the Agreement was dated November 4, 2008. (ii.) The CONSULTANT submitted a fee proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide engineering services for the design and construction administration services for the 2008-2009 Community Development Block Grant (CDBG) Curb Ramp Project 601070-08. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: 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 Agency 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 2: Each party to this Amendment No. 01 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. 01 shall be valid and binding. Any modification of this Amendment No. 01 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Agreement shall not exceed $38,795 dollars." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 01 as of the day and year first set forth above: APPROVED AS TO FORM in City Attorney ATTEST: CITY OF DIAMOND BAR Tommye A. Cribbins, City Clerk DATE: CONSULTANT: Norris-Repke Ron Everett, Mayor CITY COUNCIL Agenda # 6.7 (b) Meeting Date: February 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mange TITLE: INCREASE CONTRACT BUDGVIN E AMOUNT OF $24,000 WITH FONSECA CONSTRUCTION, INC. FOR THE 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT FOR A TOTAL CONTRACT AUTHORIZATION AMOUNT OF $81,691.00. RECOMMENDATION: Approve. FISCAL IMPACT: In FY 2008-2009 $121,608 of Community Development Block Grant (CDBG) Funds were allocated to the curb ramp project in the vicinity of Neil Armstrong Elementary School. To date a total of $86,081 has been encumbered for the design, construction administration and construction for the project. Additionally, a contract amendment in the amount of $11,405.00 was requested for additional design and construction administration services by Norris-Repke. A total balance of $24,122.00 remains in the CDBG budget for the Curb Ramp Installation project as shown in the table below. Budget $121,608.00 Design and Construction Admin.w/ Norris -Re ke $25,890.00 $95,718.00 Contingency for Norris-Repke $2,500.00 $93,218.00 Construction Contract w/ Fonseca Construction $46,191.00 $47,027.00 Contingency for Fonseca Construction $11,500.00 $35,527.00 Norris -Re ke Amendment No. 1 $11,405.00 $24,122.00 Fonseca Construction Contract Increase $24,000.00 $122.00 BACKGROUND/DISCUSSION: On January 20, 2009, Council approved a contract with Fonseca Construction, Inc, for the construction of the 2008-2009 CDBG Curb Ramp Installation Project in the amount of $46,191.00 with a contingency of $11,500.00. The initial project included the removal and installation of 27 curb ramps within a half -mile radius of Neil Armstrong Elementary School. Since construction began on February 2, 2009, one change order in the amount of $9,395.00 has been authorized .for removal and replacement of two cross gutter spandrels due to displacement by a City tree, removal and replacement of a substandard cross gutter at the spandrel removal location and the installation of two surface mounted truncated domes at existing curb ramp locations previously identified for complete removal and replacement. Additionally, the inspector has indicated that additional sidewalk removal based on field conditions will be required to properly install the curb ramps at the 27 project locations. To maximize the allocated CDBG funds authorized for this project, the design consultant, Norris-Repke, will be designing additional ramps at 7 locations (approximately 11 ramps) within the project area. The engineer's estimate for construction of 11 ramps is approximately $24,000. Additional ramps will be added to the construction contract by issuance of change orders to be approved by the City Manager. Upon Council's approval, the total authorization amount for the Fonseca Construction, Inc. contract will be $81,691.00. PREPARED BY: DATE PREPARED: Kimberly Molina, Associate Engineer February 11, 2009 REVIEW Y: David':6. Li , Director of Public Works 2 Agenda # — 6.8 Meeting Date: February 17, 2009 CITY COUNCIL AGENDA REPORT IN�ORPOR���9 �98q TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: Approve Amendment No. 2 to the Consulting Services Agreement with Diana Cho and Associates for Community Development Block Grant (CDBG) Labor and Contract Compliance services ($21,623) for FY 2008- 09 and ratify the extension of the contract through June 30, 2009 RECOMMENDATION: Approve FINANCIAL SUMMARY: These services are paid for by Community Development Block Grant funds and there are sufficient funds allocated in the FY 2008-09 budget for this expenditure. There will be a slight impact on the City's General Fund as $6,500 of the contract amount was originally budgeted as the CDBG contribution to City staff salaries. However, the $6,500 can be absorbed in the existing budget so no additional appropriation is required. The entire expenditure of $21,623 remains within the FY 2008-09 15% spending cap for CDBG administrative costs. BACKGROUND: Each year the City receives Community Development Block Grant funds. These funds are disbursed by the Federal Housing and Urban Development Department through the Los Angeles County Community Development Commission. The City uses these funds for a variety of programs and capital projects. Due to the significant restrictions on the use of these funds and the numerous regulations governing the spending and accounting of these funds, it is prudent to utilize the expertise of a CDBG specialist to monitor the expenditures and complete the reporting requirements. The Federal government recognizes this and as such authorizes a portion of the funds to be used for these services. DISCUSSION In July 2007 the City entered into a one-year contract with Diana Cho and Associates to provide CDBG contract compliance and monitoring services to ensure the funds are spent appropriately. The contract provides for two, one-year extensions for a maximum contract period of 3 years. In July 2008, City staff extended the contract based on excellent service to the City and the continued ability to provide the service at a reasonable cost. By extending the contract for a second year, the total authorized amount of the contract is $43,308. The original contract and subsequent amendment no. 1 was for $21,685 which is within the purchasing authority of the City Manager. However, contract amendment no 2 in the amount of $21,623 increases the value of the contract beyond the City Manager's authority and requires Council approval. PREPARED BY: �X,, David Doyle, Asst. C' y Manager Attachment: AMENDMENT NO.2 TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT LABOR AND CONTRACT COMPLIANCE SERVICES This Amendment to the Consulting Services Agreement is made and entered into this 17th day of February 2009, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DIANA CHO AND ASSOCIATES (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 1, 2007, with CONSULTANT to provide planning consulting services (hereinafter referred to as the "AGREEMENT".) (ii) The CONSULTANT has requested and CITY has approved to extend the existing agreement for an additional 12 months effective July 1, 2008 (iii) CONSULTANT will provide additional "as -needed" labor, contract compliance services, and technical assistance services for the City's Community Development Block Grant ("CDBG") for FY 2008-09 at a cost not to exceed Twenty -One Thousand Six Hundred Twenty -Three dollars ($21,623.00.) (iv) It is in the City's best interest to extend the AGREEMENT for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 73. Compensation and Method of Payment. City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Consulting Services Agreement, but in no event to exceed FORTY THREE THOUSAND THREE HUNDRED EIGHT DOLLARS ($43.308.00), which fees include all labor, materials, printing and other costs incurred in connection with the project. " Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: City Of Diamond Bar Diana Cho And Associates BY: James DeStefano, City Manager City Manager Approved As To Form: City Clerk 2 Diana Cho, Principal City Attorney CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager Agenda # 6.9 ( a ) Meeting Date: February 17, 2009 AGENDA REPORT TITLE: Authorize the City Manager to approve Contract Amendment No. 2 with Municipal Software Corporation (MSC) IK0li•LyiLQ1J_ i[91►F Approve FINANCIAL IMPLICATION: The attached contract amendment specifies a $3,000 reduction to the City's annual maintenance costs for the first year. In addition, MSC will provide the City with a minimum of $77,000 for project management costs. Project management services are provided by Go Live Technologies and these funds are sufficient for all project management costs through project completion. A contract amendment for Go Live Technologies is a separate item on tonight's agenda. BACKGROUND: On October 3, 2006 The City Council authorized the City Manger to execute an agreement with Municipal Software Corporation in an amount not to exceed $275,000 for the purchase and installation of the CityView suite of software applications. These applications include business license, cashiering, online planning, permitting and inspections. In addition the software application provides for an interface with the City's Geographical Information System (GIS), financial system and records management system. The project was originally estimated to be completed in May 2008. In late 2007 it was clear that MSC was not going to meet the original project timeline and requested an extension of time. The City, through a contract amendment approved by the Council in January 2008, granted a time extension in exchange for a $32,000 reduction in the purchase price of the product. The completion timeline was pushed out to December 2008. The reduction in purchase price was designed to mitigate the additional out-of-pocket expenditures of the City related to the revised timeline. In addition, financial penalties were put in place should MSC fail to meet the new deadline of December 2008. DISCUSSION: In late 2008 it became clear that MSC was once again going to fail to meet its contractual obligated deadline. At that time, City staff carefully weighed the cost/benefit of abandoning the project and recouping the City's costs to date. City staff decided it was not beneficial to the City to abandon the project and it was in our best interest to negotiate another time extension. The result of these negotiations is Contract Amendment No. 2 which provides the City with assurances that it will not experience any additional costs related to the extended timeline and that the final product will be tailored to the City's needs. The following negotiated items are included in the second amendment to the MSC: • MSC will provide the City with $77,000 to pay for our outside project management costs through the revised project deadline of Dec 2009. Additional funds are required if the project extends beyond the December 2009 date or if through the course of the next few months additional project management services are required. • MSC will provide, at no cost, their "Appbuilder" tool which will allow the City to manage the product, create additional report templates, etc. This was not included in the original purchase. • MSC will provide, at no cost, integration into the City's records management system to provide easy access to all property records associated with a permit. This work was not part of the original project scope. • MSG will provide the City, at no cost, 5 additional days of their staff conducting onsite business automation review. MSC will also provide 10 days of post review configuration work to implement the recommended automation steps. • MSC will provide the City with Web Portal (website) customization based on our direction to ensure the City has a far superior Web Portal than MSC is currently contractually obligated to provide. There are additional items included in the amendment but the above items represent the major components. We fully expect, and MSC has committed that, they will finish the project including all of the items above within the new timeline. However, if they fail to meet all or some of the components of the project, financial penalties will be assessed and City staff will recommend commencing legal action against MSC to recover our damages and enforce the terms of the contract. Prepared by: Ken Desforges, Director Information Systems Attachment: SECOND AMENDMENT TO PURCHASE AND LICENSE AGREEMENT 2 SECOND AMENDMENT TO PURCHASE AND LICENSE AGREEMENT THIS SECOND AMENDMENT TO PURCHASE AND LICENSE AGREEMENT ("Second Amendment") is made and entered into this day of February, 2009 by and between the City of Diamond Bar, a municipal corporation of the State of California ("City") and Municipal Software Corporation ("MSC"), a wholly owned division of N. Harris Computer Systems ("Vendor"), a , hereinafter together occasionally referred to as "the parties." RECITALS A. In October 2006 the City entered into a contract with Municipal Software Corporation to purchase and install the CityView suite of computer software applications. The implementation of these applications was designed to improve interdepartmental communication and efficiency, provide enhanced customer service, and capture institutional knowledge in an enterprise database. B. In order to manage the project and minimize the risks associated with implementation, the project was contractually separated into the following three (3) distinct phases: • Phase I - Conversion and importing of data from the GIS System in to the MSC Property module. • Phase II — Business Licensing and Cashiering modules. • Phase III - Planning, Code Enforcement, Permits & Inspections modules, and public internet access. C. It was estimated that the entire project would be completed in 22 months. In order to effectively and efficiently implement the project, the City independently secured the services of an outside Project Manager at a cost of approximately $9,000 per month. D. Phase I was completed on time. However, Phase II and Phase III experienced extensive delays. As a result of these delays, the City and MSC entered into the First Amendment to Software Services Agreement ("First Amendment") in January 2008 to compensate the City for the additional costs incurred to date, to provide a revised timeline for the completion of Phase I I and I II, and to establish financial penalties in the form of liquidated damages in the event that Phase III milestones were not achieved in a timely manner. E. As of December 8, 2008 Phase II and Phase III had not been completed, which resulted in a number of outstanding issues, costs, penalties and other issues that required resolution prior to the completion of the project. F. In order to address outstanding issues and develop another revised timeline for project completion, City staff and MSC representatives met on January 12 and 13, 2009. At the conclusion of the good faith negotiations the parties agreed to the terms of this Second Amendment to govern completion of the project. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: Liquidated Damages 1.1 Per the First Amendment, Liquidated Damages began to accrue on 9/8/2008 and as of 12/8/2008 totaled $36,500. 1.2 The parties agree that MSC shall provide City with the following service and products, valued in excess of $36,500, in lieu of a cash payment for accrued Liquidated Damages through 12/8/2008: a.) MSC shall, at its expense provide the "Application Builder' Toolkit - including 1 week of onsite consulting & consultant travel costs. b.) MSC shall, at its expense provide Fortis (Document Management) integration. c.) MSC shall, at its expense complete the change orders attached hereto as Attachment CO -1 and incorporated herein by reference. d.) MSC shall, at its expense provide additional post "go -live" configuration and automation customization services including: • 1 week of on-site business automation review Travel cost for the above 2 weeks of post review configuration (remote). e.) MSC shall, at its expense upgrade the Web Portal technology to dotNet framework 3.5 and will work with the City on improving and expanding the functionality of the solution. The Web Portal will at a minimum include: a web based application with a graphical interface that includes the use of the City's standard cascading style sheet (CSS), and provides a logical and simple navigation using the fewest number of user interactions and screen changes necessary to accomplish the task, within a highly secure environment that meets PCI compliance standards. f.) The WebPortal Annual Service Maintenance ("ASM") costs will be reduced by $3,000. It is assumed that this reduction will occur in the first year that annual WebPortal maintenance costs are applicable. If, however, the first year WebPortal ASM costs are less than $3,000, the remaining credit balance will be applied to the following year's ASM costs. 1.3 Failure to complete or provide any of the items or services set forth in paragraph 1.2 will result in reinstatement of the liquidated damages of $36,500 for the period 9/8/2008 to 12/08/2008. 4 2. Project Management Cost Recovery for Extended Proiect Timeline The parties further agree that the City shall not incur any additional project management costs resulting from the revised timeline for project completion. To ensure the City does not incur additional costs, MSC will pay $77,000 to City within 30 days of executing this Second Amendment. These funds will be used to pay for contract project management services from 12/8/2008 until 12/15/2009, the estimated completion date provided by MSC. The parties understand and agree that the sum of $77,000 is estimated to be sufficient to reimburse the City its project management costs based on MSC's representation that there will be several months of research and development on the CityView software application and that during these months there will be minimal project management services required. However, the parties further mutually understand and agree that should the actual hours of project management services exceed the estimate, MSC will provide the additional funds necessary to fully reimburse the City its project management costs at the request of the City. To that end, if the fund balance of $77,000 is depleted to less than $21,000 on or before September 15, 2009 or if Phase III "Go Live" does not occur on or before September 15, 2009, MSC will pay an additional $21,000 within 30 days of written notice from City. Should project completion not be reached by 12/15/2009 MSC will pay an additional $7,000 per month, to avoid assessment of liquidated damages. In the event the requested deposit is not made, liquidated damages shall again accrue, at the rate of $800 per day — the rate in affect on 12/9/2008. These liquidated damages will be deducted from the project "Hold Back" per the Agreement. A monthly accounting of the utilization of these payments shall be provided to MSC on or before the 15th of the month. At the conclusion of the project and after all project management service invoices have been paid, any and all unused funds, exclusive of any liquidated damages imposed after 12/16/09, shall be returned to MSC. Payment by MSC of City's project management costs as provided for in this paragraph is in lieu of an assessment of liquidated damages for the period of 12/8/2008 through 1211512009. 3. Functional Requirements Removal and Compensation MSC agrees to provide an $18,000 credit for additional future products and/or services (Annual Maintenance excluded.) as compensation for functional requirements removals and modifications as listed in Attachment FR -1 attached hereto and incorporated herein by reference. 4. Additional Holdback The Phase 2 payment of $24,452 will be reduced by $4,452 and that amount will be added to the prior "holdback" amount of $37,500. The Phase 3 completion payment of $47,263 will be reduced by $23,631. and that amount will be added to the prior holdback amount of $37,500 plus the $4,452 above, for total a "holdback" of $65,583. 5. Phase 2 Completion The Web portal related functional requirements in Phase II will be moved to Phase III. MSC will complete Phase II on or before 2/17/2009. Upon completion, Diamond Bar will issue a Phase II letter of acceptance. 6. Annual Service Maintenance (ASM) Payment. ASM for Property, Business Licensing, and Cashiering modules is payable 30 days from the date of the Phase II acceptance letter and upon receipt of an invoice from MSC. ASM for Permit and Inspections, Code Enforcement and Planning, is payable 30 days after the Project's Completion letter and upon receipt of an invoice from MSC. 7. Reduction in ASM (Annual Maintenance) The City's ASM cost will be reduced by $4,500 annually in exchange for MSC no longer being obligated to provide complementary conference attendance as originally provided for in the Agreement 8. Access to Source Code. 8.1 (Software Source Code Release) The parties agree to amend the following sentence in Section VII, sub -section F - SUSPENSION OR TERMINATION OF ANNUAL SOFTWARE MAINTENANCE (ASM) AGREEMENT, of the Agreement, as shown by strike -out as follows: "Should VENDOR discontinue providing Software upgrades CITY.may immediately terminate ASM. 8.2 (Escrow Notice and Reimbursement change) The parties agree to add the following sentence to Section VII, Sub -Section E -ACCESS TO PROGRAM SOURCE CODE of the Agreement. u.. M Add. "If the CITY provides 4 weeks written notice of the request to audit, and the audit determines that the Source Code is not up to date, the VENDOR will reimburse the CITY'S audit expenses." 9. Authority. MSC warrants and represents that the person signing on its behalf is authorized to commit and bind MSC and Vendor to the terms hereof. Except as provided above, the PURCHASE AND LICENSE AGREEMENT, as amended by the First Amendment, is in all other respects affirmed and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT TO PURCHASE AND LICENSE AGREEMENT on the date and year first written above. CITY OF DIAMOND BAR In James DeStefano City Manager Municipal Software/N. Harris Computer Systems in Dennis Asbury Executive Vice President APPROVED AS TO FORM City Attorney Attachments: CO -1 (Change orders) FR -1 (Functional Requirements changes) Date Date AIGMi Ref Description F Estimate 12290-60 Add additional application types not defined in Data $ 1,305 Collection, assuming no additional application types will need to be defined, no conversion of historical data required, assuming no workflow changes Ref # Description Estimate 12290-61 Add additional Zone use description not defined in Data $ 435 Collection, assuming no additional application types will need to be defined, assuming no workflow changes Ref # Description Estimate 12290-58 Add additional contact types not defined in Data Collection, assuming no additional contact types will need to be defined, no conversion of historical data required, assuming no workflow changes $ 435 Ref # Description FES- stimate SR 4620 Adding additional fields to Cashiering Receipt ( $ 870 FR -1 1. After the addition of time, both MSC and the City are better able to translate the needs of the City into the framework of the CityView Application. The City has benefited from the experience of using some modules of the product, which allows us to more accurately define our business processes and the needed automation. The following Functional Requirements will are modified as indicated under FR Modification. mSubsystem Short Description Description ber F Modification F-- 7 BUILDING Archive current permits to history When a permit is completed, move it to history so To Be PERMITS current permits do not interfere with performance. REMOVED as part of Amendment #2 26 BUILDING Generates permit number upon receipt of fees. To Be PERMITS REMOVED as part of Amendment #2 FR -1 1 46 BUILDING Multi-level menu interface Provides access to all inquiry screens through one To Be PERMITS menu option. Functionally structured menu system REMOVED as with expert mode to bypass all menus if necessary. part Of Amendment #2 62 BUILDING Retain permit information Capable of retaining permit information without fee TO Be PERMITS payment or generation of receipt until such time as REMOVED as the applicant can return with payment. Need to 'transaction' part of generate a (temporary) record without actual permit number assignment. Further enable Amendment #2 74 CODE Archive closed cases Need to archive closed cases but have history TO Be ENFORCEMENT available on individual properties or owners. New REMOVED as cases need to identify if there is a previous history. part Of Amendment #2 FR -1 75 CODE Building condemnation process Owner notification coordination, tracking of the To Be ENFORCEMENT eviction process, and coordination with the County REMOVED as Sheriffs office. part of Amendment #2 93 CODE Tabular data manipulation Including address matching, statistical analysis, To Be ENFORCEMENT storage, and report generation. REMOVED as part of Amendment #2 FR -1 101 COMPUTER ASSISTED PLAN CHECKING Change of Occupancy Allows for change of occupancy for permits or applications at any level. To Be REMOVED as part of Amendment #2 19 - COMPUTER ASSISTED PLAN CHECKING Forecast revenue Ability to forecast revenue from several different fund sources and allocate projects to multiple funding sources. To Be REMOVED as part of Amendment #2 135 COMPUTER Relocation Permits Supports relocation or redirecting permits. To Be ASSISTED PLAN REMOVED as CHECKING part ofAmendment #2 Supports Landscape Plan Checking Supports Landscaping as one type of To Be 138 COMPUTER application/permit and treats it like other REMOVED as ASSISTED PLAN application/permits for construction. part of CHECKING Amendment #2 COMPUTER Word Processing interface Ability to download names address, etc to PC-based To Be 146 ASSISTED PLAN word processors used by City. REMOVED as CHECKING part ofAmendment #2 FRA 150 DEVELOPMENT REVIEW/TRACKING Archive & retrieve completed projects To Be REMOVED as part of Amendment #2 154 DEVELOPMENT Customized reports indicating development opportunities and Removed the REVIEW/TRACKING constraints associated with speck projects word proposed by potential developers or builders. "graphics" from this requirement. 157 DEVELOPMENT Development status reports and logo Removed the REVIEW/TRACKING word "logo" from this requirement. FR -1 167 DEVELOPMENT REVIEW/TRACKING Interface with City's word processing Ability to interface with City's word Processing system for generation of mailing labels and letters. To Be REMOVED as part of Amendment #2 179 DEVELOPMENT Monthly residential non -tract project To Be REVIEW(TRACKING status report REMOVED as part of Amendment #2 - 182 DEVELOPMENT Permit application documents To Be REVIEW/TRACKING REMOVED as part of Amendment #2 183 DEVELOPMENT Permit status & activity reports Removed REVIEWITRACKING reference to the word "with graphics" 204 DEVELOPMENT Track street names within the City. To Be REVIEWITRACKING REMOVED as part of Amendment #2 FR -1 205 DEVELOPMENT REVIEW/TRACKING I 222 FRA GRANT MANAGEMENT To Be REMOVED as part of amendment #2 Tracking of review status info on both a project To Be basis and City-wide basis for trend analysis. Time REMOVED as series data or historical development records can P art of be used to anticipate and plan for development trends and can provide the basis for development Amendment pol #2 To Be REMOVED as part of amendment #2 223 GRANT Historical activity maps and reports To Be MANAGEMENT REMOVED as part of amendment #2 224 GRANT Monitor & maintain records related to project activities and status. To Be MANAGEMENT REMOVED as part of amendment #2 FR -1 225 GRANT Potential project/program site maps & reports. To Be MANAGEMENT REMOVED as part of amendment #2 292 CASHERING Data export capability Data export to MS Excel, PDF, Html, RTF, Txr Removed the reference to MS Access 299 CODE Archive closed cases Need to archive closed cases but have history To be REMOVE ENFORCEMENT available on individual properties or owners. New as part of cases need to identify if there is a previous history. Amendment #2 320 CODE Building condemnation process Owner notification coordination, tracking of the To be REMOVE ENFORCEMENT eviction process, and coordination with the County as part of Sheriffs office. Amendment #2 322 BUSINESS Ability to calculate tax amount Ability to calculate tax amount using flat rate table. REMOVED as LICENSE part of Amendment #1 FR -1 344 BUSINESS Calculate & bill the business license The ability to calculate and bill the business license REMOVED as LICENSE for: flexible billing cycles, flat rate, gross revenue, part of rate table, penalty and interest, and user defined criteria. Amendment #1 366 BUSINESS Multiple Billing Rates Ability to bill business at up to ten different business REMOVED as LICENSE rates. part of Amendment #1 369 BUSINESS Multiple Business sites Ability to handle businesses with multiple locations REMOVED as LICENSE within city. Ability to group bill and send separate part of license to each location. Amendment #1 371 BUSINESS Multiple Penalty Rates Ability to vary the percentage of penalty charged on REMOVED as LICENSE past due business licenses; ie. 1 % penalty for first p art of month past due, 2% penalty for 2nd month, etc. Amendment #1 374 BUSINESS Partial Payment Plans t i Ability to handle partial payment plans, ie. Quarterly REMOVED as LICENSE billings to businesses. part of Amendment #1 FR -1 10 375 BUSINESS Print Business License Tax Receipts for REMOVEDas LICENSE all payments part of Amendment #1 37$ BUSINESS Printing Duplicate License Ability to print duplicate business licenses. LICENSE Removed reference to "duplicate or reprint" 420 BUILDING Multi-level menu interface Provides access to all inquiry screens through one To be REMOVE PERMITS menu option. Functionally structured menu system as part of i with expert mode to bypass all menus if necessary. Amendment #2 435 BUILDING Retain permit information Capable of retaining permit information withoutfee To be REMOVE PERMITS payment or generation of receipt until such time as as part of the applicant can return with payment. Need to Amendment #2 generate a 'transaction' (temporary) record without actual permit number assignment. Further enable i J FR -1 11 2. There are a substantial number of Functional Requirements that are for "reporting" or "ad-hoc reporting". MSC will meet these requirements by providing the following: i. Providing Named or Standard Reports — as available ii. Creation of Ad Hoc Templates iii. Delivery of Application Builder iv. Training on Application Builder 3. Security & Auditing are absolutely critical to the acceptance of the application by the City. MSC will meet these requirements by providing the following: i. Existing security sub -system ii. Creation of a modifiable comments field for the auditing log FR -1 12 iii. Creating of "rules" to automatically record auditable events from a triggering event iv. Delivery of Application Builder v. Training on Application Builder 4. The City's ability to maintain the applications is crucial to the City. And, MSC will meet this requirement by providing the following: i. Delivery of Application Builder ii. Training on Application Builder 5. MSC represents that they can meet the GIS integration functional requirements by using CityView's embedded GIS Viewer technology. In the interest of timely completion, while providing the required functional requirements in the purchase license agreement, that is acceptable to the City 6. MSC will integrate to the Westbrook Technologies, Fortis document management solution, to meet the document management integration requirements. The Purchase and License agreement Section 1 Definition of Terms — "Custom Integration Software" and "Licensed Applications Software" are modified to include Fortis integration. 7. Exhibit B to the Purchase and License agreement is modified to include Fortis Integration and AppBuilder. FR -1 13 CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # ti _ 9 ( h) Meeting Date: February 17, 2009 AGENDA REPORT VIA: James DeStefano, City Manager TITLE: Authorize the City Manager to approve Contract Amendment No. 2 with Go Live Technologies extending the duration of the contract at no cost to the City RECOMMENDATION: Approve FINANCIAL IMPLICATION: There is no additional financial implication to the City as all additional costs associated with this contract amendment shall be borne by Municipal Software Corporation (MSC). BACKGROUND: In October 2006 the City entered into a two-year contract with Go Live Technologies for an amount not to exceed $193,500 for project management services associated with the implementation of the CityView suite of software applications. In 2008 the City Council authorized a contract amendment in the amount of $31,500 for a total contract authorization of $225,000 and extended the contract for an additional year. This contract amendment was required due to delays by MSC in the delivery of the CityView project. The cost of the contract amendment ($31,500) was offset by a reduction in the purchase amount of the City View application to ensure the City did not experience any additional out of pocket expenses. DISCUSSION: The City recently concluded negotiations with MSC to extend the completion date of the CityView project to December 2009. A separate item on tonight's agenda authorizes the City Manager to approve the contract amendment resulting from these negotiations. Included within the negotiated items is a requirement that MSC provide the City with $77,000 for additional project management services to see the project through to completion. The attached contract amendment for Go Live Technologies allows the City to utilize these funds to continue to receive project management services and to eliminate a completion date for project management services. In the event the project exceeds the Dec 2009 or if additional project management services are required, MSC is obligated to provide the necessary funds. Therefore, the City is not experiencing any additional costs for the project deadline extension. Attachment Contract Amendment No. 2 with Go Live Technologies 2 AMENDMENT NO. 2 TO THE CITY'S CONSULTING SERVICES AGREEMENT WITH GO LIVE TECHNOLOGY, INC. This Amendment No. 2 to the City's Consulting Services Agreement is made and entered into this Day of February, 2009, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Go Live Technology, Inc. (hereinafter referred to as "Consultant".) A. Recitals: (i) The City has heretofore entered into an agreement, dated September 29, 2006, and subsequently amended by Amendment No.1 on 2/5/2008, with Consultant to provide consulting services for Project Management Services for the implementation of Municipal Software Corporation's CityView product (hereinafter referred to as the "Agreement".) (ii) The project implementation will now conclude in December 2009, instead of June 2008. (iii) It is in the City's best interest to extend the Agreement in order to ensure consistency and continuity of the services already being provided by Consultant. NOW THEREFORE, it is agreed by and between City and Consultant that the following sections are hereby amended to read as follows: 112. Term of Agreement. This contract shall take effect immediately upon execution by both parties, however no work may commence prior to Consultant completion of responsibilities under section 9. Insurance and shall continue until completion of the project" 113. Compensation. City agrees to compensate Consultant for each service Consultant performs to the satisfaction of the 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. Ag FeeMeRt oh -All RGt A-XGee ) $225,0= Each party to this Amendment No. 2 acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment No. 2 shall be valid and binding. Any modification of this Amendment No. 2 shall be effective only if it is in writing signed by the parties. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year first set forth above: Consultant: Go Live Technology, Inc. Richard Chenette, Consultant Approved As To Form: City Attorney 2 City of Diamond Bar James DeStefano, City Manager Attest: City Clerk Exhibit "A" Consultant: Go Live Technology, Inc. Vendor: Municipal Software Corporation City: City of Diamond Bar Scope: Provide project management services for installation and implementation of the Municipal Software corporations CityView PreBuilt Solution purchased by the City of Diamond Bar. This will include integration with the ESRI GIS system, the Pentamation Financial system, and integration with the Verisign Payflow link software. Consultant will provide the following services: Project Management and Implementation Management services — including written weekly reports 2. Contract Management services - to monitor and report on vendor contract compliance 3. Attend all Vendor provided training sessions 4. Attend all project meetings with City staff and Vendor 5. At the request of the City — Consultant will perform an audit of the vendor Software Escrow 6. At the request of the City — Consultant will attend Vendors user conference(s) or other business function(s) as the City's representative 7. Consultant agrees to travel as needed, where needed, and when needed, in order to provide these services 8. Consultant will provide these services as needed by the City until project completion, currently expected to be 12/15/2009 9. The Consultant will provide the following individual, Richard Chenette, to act in the capacity of a project manager. Compensation: 1. Hourly rate is $75.00 per hour and includes on-site & off-site work, and out of town travel time, not to exceed 8 billable hours in any 24hr period. 2. City agrees to compensate consultant for each service which Consultant performs to the satisfaction of the City. Payment will be made only after submission of proper invoices in the form specified by the City. Agenda # _3 Meeting Date: February 17, 2009 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Member f the City Council FROM: James DeStefano, City Man TITLE: Resolution No. 2009 -XX approving iscal Year 2008-2009 Budget Amendment RECOMMENDATION: Approve BACKGROUND: The City Council adopted Resolution #2008-17 on June 3, 2008 approving the FY08-09 Municipal Budget. The City Council has approved additional appropriations as they have occurred throughout the year It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. DISCUSSION: The City's current adopted General Fund Budget for FY08-09 shows anticipated resources of $21,426,201. It is recommended that the resource estimate be decreased by $1,768,450 to $19,657,751. The current approved General Fund appropriations budget equals $20,341,118. It is recommended that this budget be decreased by $943,940 to $19,397,178. In addition the use of fund balance reserves for the CIP program is recommended to be reduced by $198,520. These recommended changes in the General Fund estimated resources and appropriations will result in an estimated $29,313,428 in General Fund unreserved fund balance at the end of the fiscal year. Current Budget Amendment Adjusted Budget Resources Annual Revenue $21,066,275 ($1,558,450) $19,507,825 Use of Fund Balance Reserve 359,926 (210,000) 149,926 Total Resources $21,426,201 ($1,768,450) $19,657,751 Total Appropriations 20,341,118 (943,940) 19,397,178 Impact to Fund Balance $1,085,083 ($824,510) $260,573 Unreserved Fund Balance @ Beg of FY $32,925,528 $32,925,528 Less Prior Year Encumbrances C/O (2,796,659) (2,796,659) Less Uses of Unreserved Fund Bal (1,484,534) 408,520 (1,076,014) Estimated Unreserved Fund Bal @ End of FY $29,729,418 ($415,990) $29,313,428 General Fund Revenues: When the FY08-09 Budget was adopted careful consideration went into the preparation of the revenue estimates. The state of the economy is of major concern to the City of Diamond Bar. In preparation for the mid year budget review, staff spent a considerable amount of time examining the City's revenues to ensure valid revenue estimates in this time of economic uncertainty. • Property Taxes — Although property values have decreased and foreclosures are on the rise, the City has traditionally made conservative annual property tax revenue estimates. This fiscal year's receipts appear to be in line with the current estimate therefore there is no change to this estimate. Other Taxes — Included in the other taxes category are Sales Tax, Transient Occupancy Tax, Property Transfer Tax and Franchise Tax. Although sales are down significantly the City's sales tax projections for the current year appear to be accurate. It is however anticipated that next fiscal year sales tax revenue will be down $500,000 primarily due to lower fuel prices. This will be built into the FY09-10 budget. Due to the poor economy, a reduction of $100,000 is being made to the estimate for Transient Occupancy Tax. Current Service Charges — This category includes various development related fees which have been hit hard by the economy. As a result the revenue estimates for this category has been reduced by $321,420. • Use of Money and Property — When the budget was completed and adopted the City had a piece of property near Summitridge Park in escrow. Since that time the sale of the property has been canceled and as a result the related revenue of $1.2 million has been removed from the budget. The changes in revenue estimates are outlined in Exhibit A. General Fund Appropriations: When the budget was adopted in June, 2008 the General Fund appropriations equaled $20,331,400 ($19,256,792 plus $1,074,608) including the transfer for the Capital Improvement Program. Prior to this budget amendment the City Council had authorized additional appropriations of $1,134,326 ($1,084,326 plus $50,000) for a total of $21,465,726. These additional appropriations consisted of: Description Amount Reinstatement of a sworn law enforcement position 148,000.00 Purchase of park property on Washington Street 380,000.00 WVUSD HUD pass through grant. 247,500.00 Balance of ACE agreement for rehab of Windwood Dr 50,000.00 Contract for Solid Waste franchise negotiations 150,000.00 Landscape maintenance contract increase (Excel) 5,000.00 Contract amendment for WVUSD property plan 28,826.00 Special legal services with Sheppard, Mullin, Richter 125,000.00 $1,134,326.00 2 Since the beginning of the fiscal year, the State has been in turmoil due to the lack of an adopted budget. This has placed a huge uncertainty on the City as it strives to have a balanced budget without compromising services to its residents. To combat any resulting losses in revenue, City management has instituted cost savings measures including the freezing of several positions. The mid year budget amendment formalizes these efforts. The following are the highlights of the changes in the General Fund appropriations: • City Council — This budget has been reduced by $5,000, due to less than anticipated conference and meeting expenditures. • City Manager/City Clerk — This budget has been reduced by $13,000, due to lower than anticipated expenditures in the advertising and elections line items. • Finance — This budget has been reduced by $28,890 which is a result of a frozen part time position. The professional services budget has been increased to accommodate the cost of the GASB 45 (OPEB) — actuarial study. • Human Resources — This budget has been reduced by $14,000. Savings are recognized in several line items. • Information Technology — This budget has been reduced by $85,000. There are reductions in several line items. $44,000 has been reduced from the Computer Maintenance line item due to maintenance contracts not being required on two systems still under implementation. Since fewer than anticipated GIS services are necessary, the professional services line item is being reduced $25,000. • General Government — This budget has been reduced by $87,000. A portion of this savings is due to lower than anticipated bond interest rates and letter of credit fees. • Public Information — The Public Information budget has been reduced by $30,000 which is primarily due to the downturn in the economy resulting in fewer special projects. The division has been participating in more City functions resulting in an increase in overtime wages. • Economic Development — This budget has been reduced by $210,000 as a direct result of the economic conditions. When the budget was adopted it was anticipated that the City would work with property owners to create specific plans for the K -Mart and Market World areas. In the current economic climate it isn't advisable to proceed with these plans. • Law Enforcement — The $50,000 reduction in this budget is due to the contract savings experienced as a result of the absence of the traffic sergeant for several months. • Community Development — This budget has been reduced by $82,800 primarily due to changes in staffing. The Planning Manager position has been frozen since September and the Associate Planner position has been under filled. by a Permit Technician position. Some of these savings have been offset by the hiring of a contract planner. These changes have resulted in a net savings of $23,400 without affecting customer service. The Professional 3 Services — General Plan line item has been reduced by $40,000 since only Development Code Amendments will be done this year. Other line items have been reduced based on actual and anticipated expenditures through the balance of the year. • Building and Safety — The Building and Safety budget has been reduced due to the economic downturn. This reduction is offset by a similar reduction in the Building and Safety revenue expectations. • Neighborhood Improvement —This budget has been reduced by $15,850 which is due to the freezing of a Neighborhood Improvement Officer (NIO) position in November. Some of the savings have been offset by the use of a contract NIO to supplement code enforcement activities. • Community Services Admin — This budget has been reduced by $21,550 which is due to the freezing of a Senior Office Specialist position in December. This position has been temporarily filled with a contract worker, the cost of which has been included in the budget amendment. • Diamond Bar Center — The Diamond Bar Center's budget has been decreased by $122,000 without negatively affecting the operation of the Center. This year's budget included a Community Services — Coordinator position to provide additional coverage at the Center. This position has been frozen all year resulting in a huge savings. This has been partially offset by an increase in part time wages. The Maintenance of Grounds and Buildings line item has been significantly reduced due better management and use of employees to accomplish tasks previously contracted for. There are cost savings in other line items as well. An item which hasn't been included at this time is the painting of the five year old Diamond Bar Center's exterior redwood. Since the location of the redwood is difficult to reach, specialized equipment will be necessary to complete the task. Staff is currently verifying an earlier estimate of $84,000 and the issue will be addressed in the near future with a request for appropriation. • Park Operations - This budget has been reduced by $22,000 as a result of cost savings measures. • Recreation — This budget has been reduced by $71,600. Once again most of the savings is due to the freezing of a position. The adopted budget includes a Recreation Superintendent position for 9 months. This position has been frozen resulting in savings of $93,250. An error in the calculation of part time wages for the field attendants in the original budget has been corrected. It was anticipated that there would be an increase in the rental rates charged by the school districts for facilities when the budget was adopted. This increase hasn't occurred and therefore the budget for rental of real property has been decreased accordingly. • Public Works Admin — Although this budget has only been reduced by $2,000, there are major changes between two line items. The utilities line item has been increased by $30,000 which reflects a more realistic estimate of expenditures. The utilities budgeted here are the electrical charges for the City's traffic signals and street lights. Staff is currently working with Southern 4 California Edison on cost containment. The inspection contract services line item has been reduced by $30,000 due to the down turn in the economy and is offset by a similar reduction in inspection fee revenue. • Engineering — Contract plan checking services budget has been decreased by $25,000 as a result of the economy and is also offset by a similar reduction in plan checking fee revenue. • Road Maintenance — This budget has been reduced by $25,000 with changes in several line items. Some of the services previously contract will now be performed by the City's staff therefore the Engineering Professional Services line item will be decreased by $30,000. Funds from this line item along with funds from the contract service road maintenance and right of way maintenance line items are being transferred to the traffic signal maintenance contract service line item. Additional traffic signal maintenance funds will be used to replace traffic signal loops lost as a result of street reconstruction and will provide emergency funds to repair traffic control equipment damaged as a result of accidents. Landscape Maintenance — Although there are no changes to the Landscape Maintenance division it should be noted that staff has considered a change in the tree maintenance schedule. The current tree maintenance contract has a five year tree trimming schedule. Staff has found that changing the tree maintenance contract to a three year schedule could increase the contract by approximately $100,000 per year. Staff does not recommend changing the tree trimming schedule. Transfer out — LLAD #38 — There are several locations in LLAD #38 that need to have median and parkway areas re -planted and irrigation heads replaced. Locations include Golden Springs west of the 57 Freeway over -crossing, Lemon Ave. north of Golden Springs, and Diamond Bar Blvd at Temple. There are not sufficient funds in the LLAD #38 to accomplish this work therefore funds are being requested from the General Fund. The cost of which is $15,000. There are brief explanations of all of the adjustments to the General Fund appropriations on page 3 of Exhibit A. Capital Improvement Projects (CIP) and Other Funds: The Mid Year Budget. Amendment includes changes to the City's CIP program resulting in a net decrease of $962,520. The following are the highlights of the changes in the CIP program: • Arterial Slurry Seal Zone 3 —The cost of this project has been increased by $100,000 to 750,000. This increase is due to the rising cost of materials and is being funded by the Traffic Improvement Fund. • Chino Hills Parkway Rehabilitation - The cost of this project is being reduced by $850,020 to $122,000. It is anticipated that the project will be designed this fiscal year with the construction to be completed in FY 09-10. 5 • Neighborhood Traffic Management Mitigations — There have been significant cost savings in this year's project area. As a result the budget funded by Traffic Improvement funds is being reduced by $100,000. These funds are being transferred to the Arterial Slurry Seal Zone 3 project. • Sycamore Canyon Creek Repair Design — This project has been deferred until a later date resulting in a savings of $50,000 in Park and Facilities Development Funds. • Median Improvements in Front of K -Mart Center — This project has been deferred due to the economic uncertainty resulting in a General Fund Reserves savings of $50,000. • Diamond Bar Clock — Design, Install, & Landscaping — This project has been deferred due to the economic uncertainty resulting in a General Fund Reserves savings of $62,500. • Medians — Pathfinder between SR57 and Brea Canyon Road — The cost of this project has been increased $50,000 to $250,000 due to a change in the estimate to complete. Staff has obtained additional funding for this project in the amount of $125,000 from the Federal Highway Safety Improvement Program (HSIP) resulting in a $75,000 savings to the Prop C Transit Fund. Prop A Transit Fund The increase of $100,000 in the Prop A Transit Fund is a reflection of the popularity of the City's Bial- a -cab program and recent changes made to the program. Prop A - Safe Parks Fund An additional allocation of $15,000 has been requested from the Prop A — Safe Parks program to offset maintenance cost of Pantera Park. LLAD 38 Fund Revenue and appropriations have been adjust by $15,000 to allow for the replanting and maintenance of various medians and parkways located on Golden Springs west of the 57 Freeway over -crossing, Lemon Ave. north of Golden Springs, and Diamond Bar Blvd at Temple. The changes to other funds were a result of the changes made to the Capital Improvement Project program. FINANCIAL IMPACT: General Fund The Mid -Year Budget Amendment includes a decrease in estimated revenue for the General Fund in the amount of $1,768,450 to account for various items outlined in Exhibit A. It also includes an decrease in General Fund annual appropriations in the amount of $943,940 also outlined in Exhibit A. Capital Improvement Projects Changes to the Capital Improvement Projects (Exhibit A) list include a changes amounting to a decrease of $962,520. I391 Special Funds Changes to the other funds are outlined in Exhibit A. The following is a brief recap of the changes: Special Funds Prop A Transit Fd Prop C Transit Fd TEA Fund Park Development Fund Prop A - Safe Parks Fd Capital Improvement Projects Fd Total Special Fund Changes General Fund Changes Grand Totals Revenue Appropriations Fund Bal Increase/ Increase/ Net Increase (Decrease) (Decrease) (Decrease) 100,000 (100,000) (75,000) 75,000 (764,000) (764,000) 0 (50,000) 15,000 15,000 0 (962,520) (962,520) 0 ($1,711,520) ($1,736,520) ($25,000) (1,768,450) (1,352,460) (415,990) ($3,479,970) ($3,088,980) ($440,990) Overall the Mid Year Budget amendment proposes a decrease in Estimated Revenue of $3,479,970 for all funds and an overall decrease in Appropriations of $3,088,980 for all funds. Linda G. Magnuson Finance Director REVIEWED BY: 4�� Finance birector Assistant City Manager Attachments: Resolution and Exhibit A - Budget Worksheets 7 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY08-09 MUNICIPAL BUDGET. WHEREAS, the City Council has adopted Resolution No. 2008-17, A Resolution of the City Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2008 and ending June 30, 2009 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (herein referred to as the "Budget"); and WHEREAS, the City Council may choose to amend the Budget from time to time throughout the fiscal year; and WHEREAS, an amendment to the FY 2008-09 Budget is attached as Exhibit A; and WHEREAS, the Amendment has been discussed by the City Council at a City Council meeting; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the FY08-09 Annual Budget be amended as set forth in the attached Exhibit A. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown on the attached Exhibit. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of , 2009. Ron Everett, Mayor 8 I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the AYES: NOES: ABSENT: ABSTAINED: day of COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: , 2009, by the following vote: ATTEST: Tommye Cribbins, City Clerk of the City of Diamond Bar 9 Exhibit A CITY OF DIAMOND BAR FY2008-2009 MID YEAR BUDGET AMENDMENT GENERAL FUND 10 Adopted Previous Current Mid Year YTD @ % of Budget Adjustments Budget Amendment Adj Budget 01/31/09 Estimate Estimated Resources Property Taxes 3,700,000 3,700,000 3,700,000 2,129,725 57.56% Other Taxes 5,742,000 5,742,000 (100,000) 5,642,000 2,130,819 37.77% State Subventions 4,630,000 4,630,000 42,970 4,672,970 2,323,056 49.71% From Other Agencies 215,000 247,500 462,500 462,500 431,332 93.26% Fines and Forfeitures 532,900 532,900 532,900 303,894 57.03% Current Service Charges 1,964,660 1,964,660 (321,420) 1,643,240 717,158 43.64% Use of Money & Property 2,615,730 2,615,730 (1,200,000) 1,415,730 856,132 60.47% Transfers -In Other Funds 1,418,485 1,418,485 20,000 1,438,485 436,792 30.36% Economic Dev Fd Balance Reserves 331,100 28,826 359,926 (210,000) 149,926 26,672 17.79% Total Estimated Resources 21,149,875 276,326 21,426,201 (1,768,450) 19,657,751 9,355,581 47.59% Appropriations City Council 173,700 173,700 (5,000) 168,700 80,545 47.74% City Attorney 210,000 125,000 335,000 335,000 132,507 39.55% City Manager/City Clerk 1,054,590 1,054,590 (13,000) 1,041,590 546,637 52.48% Finance 440,850 440,850 (28,890) 411,960 231,408 56.17% Human Resources 209,520 960 210,480 (14,000) 196,480 118,421 60.27% Information Technology 884,770 884,770 (85,000) 799,770 545,007 68.15% General Government 1,574,250 627,500 2,201,750 (87,000) 2,114,750 1,477,377 69.86% Public Information 528,100 528,100 (30,000) 498,100 266,784 53.56% Economic Development 430,650 28,826 459,476 (210,000) 249,476 80,630 32.32% Law Enforcement 5,201,150 148,000 5,349,150 (50,000) 5,299,150 2,495,399 47.09% Volunteer Patrol 9,250 9,250 9,250 3,939 42.58% Fire 11,360 11,360 11,360 7,359 64.78% Animal Control 125,300 125,300 125,300 81,878 65.35% Emergency Preparedness 43,940 43,940 43,940 29,084 66.19% Community Development/Planning 643,280 643,280 (82,800) 560,480 271,677 48.47% Building & Safety 415,900 415,900 (48,250) 367,650 169,162 46.01% Neighborhood Improvement 323,700 323,700 (15,850) 307,850 172,207 55.94% Community Svcs Admin 373,705 (960) 372,745 (21,550) 351,195 254,926 72.59% Diamond Bar Center - Operations 925,590 925,590 (122,000) 803,590 410,676 51.11% Park Operations 943,560 943,560 (22,000) 921,560 548,717 59.54% Recreation 1,612,015 1,612,015 (71,600) 1,540,415 795,897 51.67% Public Works - Admin 633,800 150,000 783,800 (2,000) 781,800 413,529 52.89% Engineering 413,100 413,100 (25,000) 388,100 192,648 49.64% Road Maintenance 1,246,900 1,246,900 (25,000) 1,221,900 554,485 45.38% Landscape Maintenance 314,070 314,070 314,070 148,023 47.13% Transfer -Out Other Funds 513,742 5,000 518,742 15,000 533,742 0.00% Total Appropriations 19,256,792 1,084,326 20,341,118 (943,940) 19,397,178 10,028,922 51.70% Excess Resources over Appropriations 1,893,083 (808,000) 1,085,083 (824,510) 260,573 (673,341) Fund Bal Reserves @ Beginning of Yr 32,925,528 32,925,528 32,925,528 32,925,528 Available Resources 34,818,611 34,010,611 33,186,101 32,252,187 Uses of Fund Balance Reserves: Appropriations Carryover 2,796,659 2,796,659 2,796,659 1,329,683 Economic Development 331,100 28,826 359,926 (210,000) 149,926 26,672 Transfer out - CIPFund 1,074,608 50,000 1,124,608 (198,520) 926,088 50,172 Estimated Fd Bal Reserves @ 06/30/09 30,616,244 29,729,418 (408,520) 29,313,428 30,845,660 10 Exhibit A FY2008-2009 Current Service Charges Building Fees MID YEAR BUDGET AMENDMENT 273,700 (41,050) GENERAL FUND REVENUES Economic Downturn Bldg Permit Issuance Fees Current Mid Year 46,920 (10,040) Account # Budget Amendment Adj Budget Explanation Other Taxes 001-34300 195,500 Transient Occupancy Tax 001-31200 780,000 (100,000) 680,000 Economic Downturn Current Planning Fees (100,000) 130,000 State Subventions 60,000 Economic Downturn Motor Vehicle in Lieu 001-31700 300,000 (150,000) 150,000 Economic Downturn Motor Vehicle in Lieu -Prop Tx in Lieu 001-31701 4,300,000 192,970 4,492,970 Budget Refinement Permit Fees - Engineering 42,970 5,000 Current Service Charges Building Fees 001-34110 273,700 (41,050) 232,650 Economic Downturn Bldg Permit Issuance Fees 001-34200 46,920 (10,040) 36,880 Economic Downturn Bldg Plan Check Fees 001-34300 195,500 (29,330) 166,170 Economic Downturn Current Planning Fees 001-34430 130,000 (70,000) 60,000 Economic Downturn Business License 001-34560 15,000 (6,000) 9,000 Budget Refinement Permit Fees - Engineering 001-34620 5,000 (2,000) 3,000 Economic Downturn Inspections - Engineering 001-34640 60,000 (40,000) 20,000 Economic Downturn Soils/Misc Engineering Permits 001-34650 100,000 (40,000) 60,000 Economic Downturn Traffic Mitigation Fees 001-34660 150,000 (83,000) 67,000 Economic Downturn (321,420) Use of Money and Property Proceeds from Sale of Land 001-36635 1,200,000 (1,200,000) 0 Summitridge Sale Cancelled (1,200,000) Transfer In Transfer In - Gas Tax 001-39111 1,096,900 5,000 1,101,900 Chg in Street Related Exp. Prop A - Safe Parks 001-39123 97,585 15,000 112,585 Median Replanting 20,000 Total General Fund Revenue Adjustment ($1,558,450) 11 Exhibit A FY2008-2009 MID YEAR BUDGET AMENDMENT GENERAL FUND APPROPRATIONS Current Mid Yr Adjusted Description Account# Budget Amendment Budget Explanation City Council (001-4010) Travel - Conference/Mtgs 42330 25,000.00 (5,000.00) 20,000.00 Less than antcipated expenditures. (5,000.00) City Manager/City Clerk (0014030) Advertising 42115 10,000.00 (3,000.00) 7,000.00 Budget Refinement Elections 42390 25,000.00 (10,000.00) 15,000.00 Not anticipated to spend. (13,000.00) Finance (0014050) Part -Time Wages 40030 22,300.00 (22,300.00) 0.00 Frozen Position - Sr Ofc Specialist City Paid Benefits 40070 4,050.00 (500.00) 3,550.00 Frozen Position - Sr Ofc Specialist Retirement Benefits 40080 51,250.00 (3,960.00) 47,290.00 Frozen Position - Sr Ofc Specialist Workers Compensation 40083 2,350.00 (200.00) 2,150.00 Frozen Position - Sr Ofc Specialist S/L Term Disability 40084 1,800.00 (150.00) 1,650.00 Frozen Position - Sr Ofc Specialist Medicare/Social Sec Exp 40085 4,200.00 (250.00) 3,950.00 Frozen Position - Sr Ofc Specialist Benefit Allotment 40090 39,850.00 (5,530.00) 34,320.00 Frozen Position - Sr Ofc Specialist Finance - Prof Svcs 44000 2,500.00 4,000.00 6,500.00 GASB45 - Actuarial (28,890.00) Human Resources (001-4060) Promotional Supplies 41400 1,500.00 (1,500.00) 0.00 Addnl Supplies not necessary Employee Recognition 42347 5,000.00 (2,000.00) 3,000.00 Budget Refinement Citywide Tuition Reimb 42341 6,000.00 (3,000.00) 3,000.00 Low Participation Professional Svcs 44000 15,000.00 (7,500.00) 7,500.00 Budget Refinement (14,000.00) Information Technology (001-4070) Over Time Wages 40020 5,000.00 (2,000.00) 3,000.00 Budget Refinement Unnecessary due to FY07-08 Operating Supplies 41200 6,900.00 (2,000.00) 4,900.00 purchases Small Tooles & Equipment 41300 3,500.00 (1,000.00) 2,500.00 Budget Refinement Telephone 42125 7,580.00 2,000.00 9,580.00 Budget Refinement Computer Maint 42205 235,440.00 (44,000.00) 191,440.00 Reduced due to project delays Travel - Conferences/Mtgs 42330 6,900.00 (2,000.00) 4,900.00 Budget Refinement Travel - Mileage & Allowance 42335 4,200.00 (1,000.00) 3,200.00 Budget Refinement Professional Services 44000 89,000.00 (25,000.00) 64,000.00 GIS Services not necessary. Contract Services 45000 42,000.00 (5,000.00) 37,000.00 Budget Refinement Unnecessary due to FY07-08 Computer Eq - Software 46235 24,000.00 (5,000.00) 19,000.00 purchases (85,000.00) General Government (001-4090) Banking Charges - Bond 42129 146,000.00 (25,000.00) 121,000.00 Lower LOC fees Rental/Lease Real Property 42140 925,510.00 (30,000.00) 895,510.00 Lower bond interest rates. Prof Svcs - Acctg & Audit 44010 50,000.00 (20,000.00) 30,000.00 Budget refinement GG - Prof Svcs 44000 461,000.00 (12,000.00) 449,000.00 Budget refinement (87,000.00) Public Information (001-4095) Over Time Wages 40020 3,000.00 3,000.00 6,000.00 Support at City functions Unnecessary due to FY07-08 Promotional Supplies 41400 17,000.00 (5,000.00) 12,000.00 purchases Printing 42110 15,500.00 (6,000.00) 9,500.00 Fewer special projects. Advertising 42115 35,800.00 (7,000.00) 28,800.00 Economic Downturn Professional Services 44000 100,500.00 (15,000.00) 85,500.00 Fewer special projects. (30,000.00) 12 Exhibit A FY2008-2009 MID YEAR BUDGET AMENDMENT GENERAL FUND APPROPRATIONS Description Account # Current Budget Mid Yr Amendment Adjusted Budget Explanation Economic Development (001-0496) 40070 2,850.00 (550.00) 2,300.00 Advertising 42115 10,000.00 (10,000.00) 0.00 Economic Downturn Professional Services 44000 323,826.00 (200,000.00) 123,826.00 Economic Downturn 3,450.00 Frozen Position - Sr Admin Asst. S/L Term Disability (210,000.00) 1,350.00 (150.00) Law Enforcement (001-4411) Frozen Position - Sr Admin Asst. Medicare/Social Sec Exp 40085 3,150.00 (300.00) Cont Svcs - Sheriffs Dept 45401 5,083,650.00 (50,000.00) 5,033,650.00 Position Vacancy (5,550.00) 22,800.00 Frozen Position - Sr Admin Asst. (50,000.00) 44000 7,240.00 Community Development (001-5210) 32,740.00 Backfill frozen position Prof Svcs - Special Studies 44300 5,000.00 (5,000.00) 0.00 Work completed in FY07-08 Misc Capital Expenditures Frozen Position -Planning Mgr, Under Salaries 40010 342,950.00 (50,100.00) 292,850.00 filling of Assoc Planner position Part -Time Wages 40030 14,050.00 (14,050.00) 0.00 Frozen Position - Intern City Paid Benefits 40070 4,950.00 800.00 5,750.00 Budget Refinement Retirement Benefits 40080 60,850.00 (8,900.00) 51,950.00 Frozen & Underfilled position Workers Compensation 40083 6,000.00 (1,950.00) 4,050.00 Frozen & Underfilled position S/L Term Disability 40084 2,100.00 (300.00) 1,800.00 Frozen & Underfilled position Medicare/Social Sec Exp 40085 6,100.00 (1,850.00) 4,250.00 Frozen & Underfilled position Benefit Allotment 40090 51,050.00 (5,450.00) 45,600.00 Frozen & Underfilled position Printing 42110 7,000.00 (4,000.00) 3,000.00 Budget Refinement Advertising 42115 5,000.00 (2,000.00) 3,000.00 Budget Refinement Travel - Conferences & Mtgs 42330 6,000.00 (3,000.00) 3,000.00 Staff vacancies Prof Svcs - Regional 44210 19,540.00 (7,000.00) 12,540.00 Reduced Services Prof Svcs - General Plan 44220 50,000.00 (40,000.00) 10,000.00 Development Code Amndmts Only Prof Svcs - Environmental 44240 10,000.00 (5,000.00) 5,000.00 Budget Refinement Prof Svcs - Planning Projects 44250 20,000.00 60,000.00 80,000.00 Contract Planner (82,800.00) Building & Safety (001-5220) B&S - Contract Svcs 45201 314,300.00 (48,250.00) 266,050.00 Economic Downturn (48,250.00) Neighborhood Improvement (001-5230) Frozen Positions - Planning Mgr, Salaries 40010 175,800.00 (49,300.00) 126,500.00 Neighborhood Imp Ofcr City Paid Benefits 40070 2,950.00 (500.00) 2,450.00 Frozen Positions Retirement Benefits 40080 31,200.00 (8,750.00) 22,450.00 Frozen Positions Workers Compensation 40083 3,300.00 (1,000.00) 2,300.00 Frozen Positions S/L Term Disability 40084 1,100.00 (300.00) 800.00 Frozen Positions Medicare/Social Sec Exp 40085 2,550.00 (700.00) 1,850.00 Frozen Positions Benefit Allotment 40090 30,500.00 (5,400.00) 25,100.00 Frozen Positions CSvcs - Code Enforcement 45213 0.00 50,100.00 50,100.00 Contract Neighborhood Imp Officer (15,850.00) Community Services Admin (001-5310) Salaries 40010 216,950.00 (23,400.00) 193,550.00 Frozen Position - Sr Admin Asst. City Paid Benefits 40070 2,850.00 (550.00) 2,300.00 Frozen Position - Sr Admin Asst. Retirement Benefits 40080 38,500.00 (4,150.00) 34,350.00 Frozen Position - Sr Admin Asst. Workers Compensation 40083 3,650.00 (200.00) 3,450.00 Frozen Position - Sr Admin Asst. S/L Term Disability 40084 1,350.00 (150.00) 1,200.00 Frozen Position - Sr Admin Asst. Medicare/Social Sec Exp 40085 3,150.00 (300.00) 2,850.00 Frozen Position - Sr Admin Asst. Benefit Allotment 40090 28,350.00 (5,550.00) 22,800.00 Frozen Position - Sr Admin Asst. Professional Svcs 44000 7,240.00 25,500.00 32,740.00 Backfill frozen position Prof Svcs - Special Studies 44300 5,000.00 (5,000.00) 0.00 Work completed in FY07-08 Misc Capital Expenditures 46250 9,750.00 (7,750.00) 2,000.00 Budget Refinement (21,550.00) 13 Exhibit A FY2008-2009 MID YEAR BUDGET AMENDMENT GENERAL FUND APPROPRATIONS Park Operations (001-5340) Maint of Grounds/Bldgs 42210 Current Mid Yr Adjusted Budget Refinement Description Account # Budget Amendment Budget Explanation Diamond Bar Center (001-5333) (22,000.00) Salaries 40010 130,700.00 (57,000.00) 73,700.00 Frozen Position - CS Coordinator Part Time Wages 40020 185,050.00 20,600.00 205,650.00 Backfill frozen position City Paid Benefits 40070 2,150.00 (1,100.00) 1,050.00 Frozen Position - CS Coordinator Retirement Benefits 40080 23,200.00 (10,150.00) 13,050.00 Frozen Position - CS Coordinator Workers Compensation 40083 7,950.00 (750.00) 7,200.00 Change in positions S/L Term Disability 40084 800.00 (350.00) 450.00 Change in positions Medicare/Social Sec Exp 40085 16,050.00 750.00 16,800.00 Backfill frozen position Benefit Allotment 40090 22,300.00 (11,000.00) 11,300.00 Frozen Position - CS Coordinator Printing 42110 23,000.00 (13,000.00) 10,000.00 No change in marketing materials. Utilities 42126 105,500.00 (5,000.00) 100,500.00 No increase in utility rates. Maint of Grounds/Bldgs 42210 78,600.00 (45,000.00) 33,600.00 Less contract maintenance needed. (122,000.00) Park Operations (001-5340) Maint of Grounds/Bldgs 42210 118,350.00 (6,000.00) 112,350.00 Budget Refinement Capital Improvements 46410 20,000.00 (16,000.00) 4,000.00 Planned work not necessary. (22,000.00) Recreation (001-5350) Salaries 40010 434,500.00 (68,300.00) 366,200.00 Frozen Position - Rec Superintendnt Over Time Wages 40020 15,780.00 6,000.00 21,780.00 Backfill frozen position. Part Time Wages 40030 214,800.00 41,300.00 256,100.00 Error in original budget - Fields City Paid Benefits 40070 10,000.00 (800.00) 9,200.00 Frozen Position - Rec Superintendnt Retirement Benefits 40080 89,200.00 (12,100.00) 77,100.00 Frozen Position - Rec Superintendnt Workers Compensation 40083 14,200.00 (850.00) 13,350.00 Frozen Position - Rec Superintendnt S/L Term Disability 40084 3,100.00 (450.00) 2,650.00 Frozen Position - Rec Superintendnt Medicare/Social Sec Exp 40085 18,500.00 2,150.00 20,650.00 Error in original budget - Fields Benefit Allotment 40090 103,550.00 (8,550.00) 95,000.00 Frozen Position - Rec Superintendnt Rental Lease - Real Property 42140 109,620.00 (30,000.00) 79,620.00 No increase in school rental rates. (71,600.00) Public Works Admin (001-5510) Utilities 42126 35,000.00 30,000.00 65,000.00 Budget corrected to realistic amount. Education & Training 42340 3,500.00 (2,000.00) 1,500.00 Budget Refinement CS - Inspection 45227 45,000.00 (30,000.00) 15,000.00 Economic Downturn - Revenue offset (2,000.00) Engineering (001-5551) CS - Plan Check 45223 45,000.00 (25,000.00) 20,000.00 Economic Downturn - Revenue offset (25,000.00) Road Maintenance (001-5554) Prof Svcs - Engineering 44520 60,000.00 (30,000.00) 30,000.00 Budget Refinement CS - Road Maintenance 45502 250,000.00 (25,000.00) 225,000.00 Budget Refinement CS - Traffic Signal Maint 45507 200,000.00 40,000.00 240,000.00 Adnl work due to street reconstruction CS - Right of Way 45522 30,000.00 (10,000.00) 20,000.00 Budget Refinement (25,000.00) Transfer out -Other Funds (001-9915) Transfer out - LLAD 38 49138 28,745.00 15,000.00 43,745.00 Replanting of medians. 15,000.00 Total General Fund Appropriation Adjustment ($943,940.00) Use of Fund Balance Reserves: Transfer out- CIP 49250 1,124,608.00 (248,520.00) 876,088.00 Changes in CIP Program (248,520.00) 14 Exhibit A MID YEAR FY 2008-2009 CHANGES IN CAPITAL IMPROVEMENT PROJECTS Project # Description Current Funding Mid Yr Adj Adj Budget 23909 Arterial Slurry Seal - Zone 3 Prop 1B 650,000.00 650,000.00 Traffic Improvement Fund 100,000.00 100,000.00 650,000.00 100,000.00 750,000.00 Reason: Increased project cost estimate. 24308 Chino Hills Parkway Rehabilitation General Fund 100,020.00 (86,020.00) 14,000.00 TEA -21 Revenue 872,000.00 (764,000.00) 108,000.00 972,020.00 (850,020.00) 122,000.00 Reason: The design portion will be completed this fiscal year. The construction will be completed in FY09-10. 22309 Neighborhood Traffic Management Mitigations Traffic Improvement Fund 200,000.00 (100,000.00) 100,000.00 200,000.00 (100,000.00) 100,000.00 Reason: Project costs were less than anticipated. The funds have been reallocated to project #23909. 25709 Sycamore Canyon Creek Repair - Design Only Park Development Fund 50,000.00 (50,000.00) 0.00 50,000.00 (50,000.00) 0.00 Reason: Project deferred. 25809 Sycamore Cyn Pk - ADA Retrofit Restroom Building Construction CDBG Funds 121,608.00 121,608.00 Quimby Funds 85,640.00 85,640.00 Prop 12 Funds 92,752.00 (92,752.00) 0.00 Prop 40 Funds 92,752.00 92,752.00 300,000.00 0.00 300,000.00 Reason: Correct Fund Sources. 25308 Median Improvements in Front of K -Mart Center General Fund 50,000.00 (50,000.00) 0.00 50,000.00 (50,000.00) 0.00 Reason: Project deferred due to economic downturn. 25909 Diamond Bar Clock - Design, Install & Landscaping General Fund 62,500.00 (62,500.00) 0.00 62,500.00 (62,500.00) 0.00 Reason: Project deferred due to economic downturn. 26109 Medians - Pathfinder between SR57 & Brea Cyn Road Prop C - Transit 200,000.00 (75,000.00) 125,000.00 HSIP Grant - Federal Hwy Safety 125,000.00 125,000.00 200,000.00 50,000.00 250,000.00 Reason: Additional Federal grant funding available. Project costs are estimated to be higher than originally budgeted. Total Change to CIP Program ($962,520.00) 15 Exhibit A Prop A - Tran$it Fund (112) Appropriations Contract Svcs - Dial FY 2008-2009 MID YEAR BUDGET AMENDMENT SPECIAL FUNDS CHANGES Current Mid Year Account # Budget Amendment Adj Budget Explanation 112-5553-45529 400,000 100,000 500,000 Increased usage of program. 100,000 Transportation Efficiency Act (TEA) Fund (114) Revenue: TEA Revenue 114-31845 1,372,000 (764,000) 608,000 Chg in Chino Hills Parkway Proj (764,000) Appropriations: Transfer out - CIP Fund 114-9915-49250 1,372,000 (764,000) 608,000 Chg in Chino Hills Parkway Proj (764,000) Prop A - Safe Parks Fund (123) Revenue: Prop A Safe Parks Revenue 123-31815 168,523 15,000 183,523 Transfer to GF for Maint 15,000 Appropriations: Transfer to General Fund 123-9915-49001 97,585 15,000 112,585 Transfer to GF for Maint 15,000 Park & Facility Development Fund (124) Appropriations: Transfer to CIP Fund 124-9915-49250 50,000 (50,000) 0 SycCynCrk Bed Repair Deferred 4D #38 Fund (138) Revenues: Transfer in - General Fund 138-39001 28,745 15,000 43,745 Median - Rehabilitation 15,000 Appropriations: Maint of Grounds & Bldgs 138-5538-42210 14,000 15,000 29,000 Median - Rehabilitation 15,000 Capital Improvement Project Fund (250) Revenues: Prop 12 Revenue 250-31817 157,814 (92,752) 65,062 Changes in CIP Program Prop 40 Funds 250-31818 0 92,752 92,752 Changes in CIP Program HSIP Federal Grant Revenue 250- 0 125,000 125,000 Changes in CIP Program Transfer in General Fund 250-39001 1,124,608 (198,520) 926,088 Changes in CIP Program Transfer in Prop C 250-39113 705,000 (75,000) 630,000 Changes in CIP Program Transfer in TEA Fund 250-39114 1,372,000 (764,000) 608,000 Changes in CIP Program Transfer in Park & Facilities Dev Fd 250-39124 50,000 (50,000) 0 Changes in CIP Program (962,520) Appropriations: Street Improvements 250-5510-46411 3,172,020 (750,020) 2,422,000 Changes in CIP Program Traffic Management Improvements 250-5510-46412 2,150,000 (100,000) 2,050,000 Changes in CIP Program Park & Rec Improvements 250-5310-46412 941,020 (50,000) 891,020 Changes in CIP Program Misc Traffic Improvements 250-5510-46420 984,108 (62,500) 921,608 Changes in CIP Program (962,520) 16 nI vdioia sM41I VOLUNTARY REQUEST 1 ADDRESS TO: FROM: ADDRESS: ORGANIZATION: AGENDA#!SUBJECT: CITY CLERK i r �d 'r D TE: —0 Q 1� ��HONE: l`rr✓f P r^1 A r'I (:a." 13r i'i�f eC�i[ 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. This document is a public record subject to disclosure under the Public Records Act. �I DL �I0 — 1Bt1R��, ., fir/ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ,. ° ✓ t! -- 4. C. �J J (� DATE ADDRESS: ,,?-i-7— `l ?- PHONE:,/""- ORGANIZATION: L) �P <4-7 a ,LJ I AGENDA#/SUBJECT: 'e�gst/ ol> 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. a -� Signature This document is a ni jhiir. mnnrH ci ihiaet +r% ,lie..1^01 irn , inrior +h.+ �..�.� ^ In^^ A — DIt1►IUND VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK % 9 FROM: /�G�t,�Y ^etn Cy° � c b...kD fly DATE: a/ j �'/j C) ADDRESS: r PHONE: ORGANIZATION: AGENDA#/SUBJECT: 3 I expect to address the Council on the subject agenda/sub' item. Please have the Council Minutes reflect my name and address as written above. Signatur This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: l Z ikazitcro— rDATE: —19, o 9 ADDRESS: mI�ad, Lir 4 -PHONE: ORGANIZATION: AGENDA#/SUBJECT: U P L �;6di lit.lAA 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.T-Ko-z� . u'6�,, gn tYre This document is a public record subiect to disclosure under the Pi ihlir. Rannrric art VOLUNTARY • TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 0/1 Q &&AZJ DATE: z 7 p ADDRESS: Z2 7/ /P H 0 N E:0 67 Z l Or -� ORGANIZATION: AGENDA#OBJECT.-) �j 11,11/YK 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 This document is a public record subject to disclosure under the Public Records Act.