HomeMy WebLinkAbout03/03/2009V1C111LUILU
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Tuesday, March 3, 2009
5:00 p.m. - Closed Session — Room CC -8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Ron Everett Carol Herrera
Mayor Mayor ProTem
Wen P. Chang Jack Tanaka Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 3, 2009
Next Resolution No. 2009-08
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.
10. Government Code Section 54956.8 Acquisition of Real Property.
Property Address: Portion of property located at 1104 S. Diamond
Bar Blvd.
Agency Negotiator: City Manager
Under Negotiation: Price and Terms
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Lee Bendell
ROLL CALL: Council Members Chang, Tanaka,
Tye, Mayor Pro Tem Herrera, Mayor
Everett
APPROVAL OF AGENDA: Mayor
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business
hours.
March 3, 2009 Page 2
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Irene Wang, Community Library Manager upon
her retirement from the County of Los Angeles Library System after 28
years of service; 13 years of which she has dedicated to the Diamond Bar
Library.
BUSINESS OF THE MONTH:
1.2 Presentation of City Tile to La Petite Academy, 722 S. Grand Avenue,
Business of the Month, March, 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 Planning Commission Meeting — March 10, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.2 State of the City — March 12, 2009 — Open House at 5:00 p.m.,
Presentation at 6:30 p.m. — 7:30 p.m., Diamond Bar Center Ballroom,
1600 Grand Ave.
5.3 City Council Meeting — March 17, 2009 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
(a) Study Session Minutes of February 17, 2009 — Approve as
submitted.
(b) Regular Meeting of February 17, 2009 — Approve as submitted.
March 3, 2009
Page 3
6.2 Ratification of Check Register — Dated February 12, 2009 through
February 25, 2009 totaling $904,510.77.
Requested by: Finance Department
6.3 Treasurer's Statement - month of January, 2009.
Recommended Action: Approve.
Requested by: Finance Department
6.4 Adopt Resolution No. 2009 -XX: Authorizing a $1000 Reward for
Information Leading to Arrest and Conviction of Individual(s)
Responsible for the Theft of Benches from Sycamore Canyon
Trailhead.
Recommended Action: Adopt.
Requested by: City Manager
6.5 (a) Adopt Resolution No. 2009 -XX: Approving Program Supplement
Agreement No. 008-N Administering the Agency -State Agreement No.
07-5455R for Utilization of Federal Funds in the Amount of $108,000
on the Chino Hills Parkway (Northerly City Limits to Southerly City
Limits) and Chino Ave. (From Chino Hills Parkway and Easterly City
Limits) Rehabilitation Project.
Recommended Action: Adopt.
(b) Award of Design Services Contract to Norris-Repke
for Chino Hills Parkway and Chino Ave. Rehabilitation Project (TIP
Project ID No. LAOG042) in the Amount of $102,848, Plus a
Contingency Amount of $10,000 for a Total Authorization of
$112,848.
Recommended Action: Award.
Requested by: Public Works Department
7. PUBLIC HEARINGS: None.
March 3, 2009 Page 4
8.1 Adopt Resolution No. 2009 -XX: Supporting the State Route 57/ State
Route 60 Mixed Flow Interchange Improvements as Identified in the
Los Angeles County Metro's 2008 Long Range Association of
Governments' 2008 Regional Transportation Plan.
Recommended Action: Adopt.
Requested by: Public Works Department
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1(a)
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
FEBRUARY 17, 2009 R A F!"
STUDY SESSION: M/Everett called the Study Session to order at 5:52
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Member Chang, Tanaka, Tye, Mayor Pro
Tem Herrera and Mayor Everett
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works
Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director;
Greg Gubman, Acting Community Development Director; Ken Desforges, IS Director;
Marsha Roa, Public Information Manager; Ryan McLean, Assistant to the City Manager;
Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos,
Management Analyst; Patrick Gallegos, Management Analyst; Joyce Lee, Sr.
Management Analyst; and Tommye Cribbins, City Clerk.
Also Present: Carolyn Anderson with Waste Management; David
Perez with Valley Vista; and Laith Ezzet, Sr. Vice -President with HF&H, the City's
Consultant.
No. SOLID WASTE NEGOTIATION SCHEDULE
Laith Ezzet, updated Council with a Power Point presentation on the status of
where the City is in regards to the upcoming contract negotiations. He discussed
and presented a summary of current contractor services, the proposed recycling
enhancements, proposed contract terms and proposed funding provisions.
C/Tye asked about the City's recycling program.
Mr. Ezzet responded to C/Tye that if everyone did a good job of recycling, the
City would be over 50% but the reality is that not everyone participates and some
individuals contaminate their loads. Recycling charges are included in the
residential rates; however, are not included in the commercial rates. If
commercial customers wish to recycle they pay for additional bins. It is possible
that the current rate scenarios for residential could be restructured to encourage
recycling.
Mr. Ezzet identified key dates for the negotiation process with the current haulers
beginning in late February and March after which he would come back and meet
with the Council individually to update them on how negotiations are proceeding.
MPT/Herrera said she was surprised that the proposed length of the contract is
for 7 years instead of 12 years plus an option to continue for an additional 36
months. Item 3 (new residential collection carts) — currently, when carts are
damaged they are promptly replaced. Some residents have new carts at this
FEBRUARY 17, 2009 PAGE 2 CC STUDY SESSION
time and she would expect that new collection carts would be placed "as needed"
rather than an automatic 100% replacement. Perhaps the drivers could make
notations about carts that need replacement.
CM/DeStefano stated that everything was negotiable with respect to future
contract details. From his perspective he would like to have further direction from
Council and not eliminate or significantly modify anything at this time absent the
negotiations and feedback from the two waste haulers.
C/Tanaka said that early on he had asked for information regarding recently
settled contracts for comparison purposes.
CM/DeStefano said that staff has the information and is well aware of what
everyone has done recently including Arcadia.
C/Chang reiterated he thought 7 years was a good term and that the 10%
franchise fee should be a consideration.
CM/DeStefano stated that the original schedule included bringing all the
information to Council in May and asked Mr. Ezzet if it would be appropriate to
accelerate that in a matrix format for Council.
Mr. Ezzet said he was not sure that it would be the ideal time to provide a
negotiating document until all information had been gathered and processed.
C/Chang felt the City should share in recycling revenues.
Mr. Ezzet said there are cities that share in recycling revenues. However, it
sometimes turns into an auditing nightmare. At its worse it can be problematic
and at its best it can be challenging. As an alternative, the City could make its
rate adjustment formula component based on tracking the basket of recyclables.
MPT/Herrera said that before the haulers remove recycling bins because of
"contamination" she would prefer that the hauler or City make an effort to contact
the individual to attempt a resolution. Sometimes there is a language
comprehension problem especially as people move into a new home and do not
realize the importance of what goes into each container and the importance of
not mixing the items. She felt information should be provided in Korean,
Chinese, Mandarin and other languages as necessary.
Mr. Ezzet said he would make sure that contamination education was included
as a "first effort" component.
FEBRUARY 17, 2009 PAGE 3 CC STUDY SESSION
PUBLIC COMMENTS:
Carolyn Anderson, Waste Management, reported that her company does not
automatically pull contaminated containers in the City. She personally goes into
the home to provide personalized education in Chinese and Mandarin.
MPT/Herrera felt that Waste Management needs to add "Korean" to the list of
languages.
ADJOURNMENT: With no further business to be discussed, M/Everett
adjourned the Study Session at 6:19 p.m.
TOMMYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this day of , 2009
RON EVERETT, Mayor
Agenda No. 6.1(b)
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 17, 2009
r%RAFT
CLOSED SESSION: 5:00 P.M., Room CC -8
Public Comments on Closed Session Agenda — None Offered.
► Government Code Section 54956.9(c) Initiation of Litigation — One Case
STUDY SESSION:
5:52 p.m., Room CC -8
No. Solid Waste Contract Negotiations Update — Discussion and Action
Public Comments: Carolyn Anderson, Waste Management.
CALL TO ORDER: Mayor Everett called the regular City Council meeting
to order at 6:33 p.m. in The Government Center/AQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
CA/Jenkins reported that no public comments on the Closed Session Agenda were
made and no reportable action was taken by the City Council. The Closed Session
adjourned at 5:45 p.m.
CM/DeStefano stated that tonight's Study Session updated Council on the Solid Waste
Contract negotiations. The Council received a presentation from the City's consultant
and staff regarding current residential services for Waste Management and Valley Vista;
recycling enhancements and other contract terms as well as, the project schedule and
funding provisions being contemplated by staff. The Study Session concluded at 6:19
p.m.
PLEDGE OF ALLEGIANCE: MPT/Herrera led the Pledge of Allegiance.
INVOCATION: Pastor Mark Hopper, Evangelical Free Church gave
the invocation.
ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve
Tye, Mayor Pro Tem Carol Herrera and Mayor Ron Everett.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director;
David Liu, Public Works Director; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director; Greg Gubman, Acting Community Development Director;
Marsha Roa, Public Information Manager; Ryan McLean, Assistant to the City Manager;
Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos
Management Analyst; and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
FEBRUARY 17, 2009 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Everett and Council presented Certificates of Recognition to the
Diamond Bar High School One Air Club members and teacher Lynn Wan
for participating in the Lexus Eco -Fair Challenge on January 25, 2009.
M/Tanaka also thanked Leo Club members for helping plant the donated
trees.
BUSINESS OF THE MONTH:
1.2 M/Everett presented a City Tile to Frank Lew, owner of PostNet, 324 S.
Diamond Bar Blvd. as Business of the Month for February 2009.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS:
Bridget Del Rio Cortes, representing the American Cancer Society - Relay for
Life - asked for Council's consideration in simplifying the temporary use permit
process as well as the use of the stage and equipment to help make this year's
event easier. She stated that this is the fourth year for this event in D.B. She
thanked Council for their continued support and invited residents to join in the
American Cancer Society Relay for Life. She asked that the matter be placed on
a future Council agenda for consideration.
Nancy Koziara-Clark, 1647 S. Diamond Bar Blvd., voiced her concerns about the
proposed City of industry NFL stadium.
Lawrence Reinhold, 180 Atterbury Dr., Walnut, thanked D.B. for addressing the
problems with the proposed NFL stadium and encouraged everyone to keep
working to overturn the project.
Raul Galindo, representing the Diamond Bar Community Foundation, invited
everyone to join in a Community Spotlight on the Arts, a benefit concert to raise
money for the music program at D.B.H.S., D.R.H.S. and the Pacific Crest Drum
and Bugle Corp that will be taking place on Sunday, March 1 from 2:00 to 4:00
p.m. in the Sophia B. Clark Theater at Mount San Antonio College. The
Foundation will host a reception following the concert. Tickets are $25 per
person available from the Box Office at 909-468-4050 or order online at
www.performingarts.mtsac.edu
A resident on High Country Dr., thanked the Council for their service and said
she opposed the stadium. She said she was unable to find the Council
Members' views on the stadium on the City's website.
FEBRUARY 17, 2009 PAGE 3 CITY COUNCIL
Alex Toh, felt it was very unfair for the City of Industry to put out flyers that say
the NFL stadium is a "done deal". It isn't a done deal and urged the Mayor and
Council Members to speak loudly in opposition of the stadium as well as urging
residents to join together to stop the stadium from being built.
Kim Chapman, 22713 Happy Hollow Rd., wanted the Council to guarantee that
Sunset Crossing Rd. would not be opened to allow traffic to go through D.B. to
the proposed stadium.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responded to Ms. Del Rio Cortes request by stating that the City
has been working with her for the past couple of years on the Relay for Life event
and each year the City provides resources to support the event. Typically what is
required is a letter from the organization outlining the request. The letter for the
Relay for Life event that was requested by staff a couple of months ago was just
delivered this evening and staff will review the request and as it has done each
year, coordinate the request through the City Manager's Office.
CM/DeStefano reiterated that with respect to the proposed NFL stadium, the
Council Members clearly share issues raised by the speakers this evening.
There is no doubt that the City will be affected by traffic, noise, air pollution,
public safety concerns etc. as stated during past meetings. All of these issues
have been clearly understood by the City since October 2007 when this project
was first proposed by Majestic Realty. In fact, these issues have been
addressed in the multiple responses that the City Council authorized to be
presented to the City of Industry over the last year. Last Thursday staff attended
the City of Industry's Planning Commission meeting at which time the
Commission approved the project without a single question or comment about
the proposal. The matter moves forward to the City of Industry City Council on
February 26. D.B. will be represented at this meeting and likely make additional
comments and objections over the actions that it appears Industry is prepared to
take. There are additional and legal options that the City will continue to explore
as Industry nears its conclusion. All information is provided on the City's website.
The comment regarding combining financial resources with the City of Walnut is
not a decision that the City has made. Right now it seems most prudent for each
of the cities to examine the issues on their own accord and share the results as is
being done. Regarding other speaker comments, CM/DeStefano said it is clear!y
not the case that D.B. would be the recipient of millions of dollars of revenue. A
suburban stadium such as the one being proposed does not provide revenue to
adjacent cities. A downtown stadium has a much greater impact on local
businesses, revenues, etc. As stated during the most recent City Council
meeting, the City's position is opposition to the project unless D.B.'s concerns
are mitigated.
MPT/Herrera said she hoped the audience members understood that the actions
that the City is taking reflect the City Council's views on this matter.
FEBRUARY 17, 2009 PAGE 4 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Household Hazardous and E -Waste Roundup — February 21, 2009 — 9:00
a.m. to 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.
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: Chang, Tanaka, Tye, MPT/Herrera
M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES - Regular Meeting of February 3, 2009 —
approved as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular
Meeting of November 25, 2008.
6.3 RATIFIED CHECK REGISTER — dated January 29, 2009 through
February 11, 2009 totaling $926,533.45.
6.4 APPROVED 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.
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.
FEBRUARY 17, 2009 PAGE 5 CITY COUNCIL
6.6 APPROVED AMENDMENT TO THE FOOTHILL TRANSIT JOINT
POWERS AUTHORITY TO INCLUDE THE CITY OF PASADENA AS A
NEW MEMBER.
6.7 (a) APPROVED 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.
(b) INCREASED 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.
6.8 APPROVED 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 RATIFIES THE
EXTENSION OF THE CONTRACT THROUGH JUNE 30, 2009.
6.9 (a) AUTHORIZED THE CITY MANAGER TO APPROVE CONTRACT
AMENDMENT NO. 2 WITH MUNICIPAL SOFTWARE CORPORATION
(MSC).
(b) AUTHORIZED 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.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2009-07: AMENDING THE FY 08-09
MUNICIPAL BUDGET.
CM/DeStefano made a brief presentation on the adopted budget and the
mid -year adjustments. He stated that FD/Magnuson and her staff had
worked through the mid -year budget looking carefully to ensure continued
fiscal responsibility. D.B. remains in a very good fiscal position but there
are concerns and uncertainties that will have to be addressed in the
future. D.B. is anticipating a reduction in its revenue stream as a result of
the recession. D.B. has had to tighten its belt with respect to the mid -year
budget and will do so again with consideration of next year's budget.
He then turned the presentation over to FD/Magnuson for further
discussion.
FEBRUARY 17, 2009 PAGE 6 CITY COUNCIL
FD/Magnuson detailed the proposed budget adjustments included in the
mid -year budget. The original adopted General Fund Budget estimated
expenditures were in the amount of $19,256,792; however, since that tines
there has been additional appropriations of $1,084,326 bringing the total
expenditure amount to $20,341,118. The increase in expenditures has
been partially offset by an increase in the resources estimate. The original
revenue estimate was $21,149,875 and was increased by $276,326 to a
total amount of $21,426,201. Additional appropriated funds include funds
for the purchase of land for a park, reinstatement of a law enforcement
position, contract services for the solid waste franchise negotiation and
special legal services. With potential losses in revenue as a result of the
economy and State budget impacts, City management has instituted cost-
saving measures including freezing several staff positions. Staff also
reviewed the budget estimates and the proposed budget amendment
formalizes some of these budget measures. As a result, the General
Fund appropriations have been reduced by a total of $943,940 to a new
expenditure amount of $19,397,178 while the General Fund revenues
have also been reduced by $1,558,450 to a new total of $19,657.751.
The reduction in the General Fund revenues is due primarily to a $1.2
million reduction from the cancellation of the sale of the Summitridge
property. Other economy -driven reductions include decreases in transient
occupancy tax and development related revenues. Most departments
have been able to reduce operating budgets by implementing cost savings
without affecting services to the residents. In addition, economic
development studies have been deferred and reductions in development
related contract costs.
FD/Magnuson continued that as part of the mid -year budget review staff
analyzed the capital improvement project program and made changes to
eight projects resulting in an overall reduction in the program of $962,520.
The major change involved the Chino Hills Parkway Rehabilitation project
that resulted in deferring the balance of the project to Fiscal Year 2009-10.
In addition, three other projects were deferred to a later date. The City
has historically used General Fund reserves to supplement funding of
various capital improvement projects. Changes made to this program
have resulted in a reduction of General Fund reserves in the amount of
$198,520. As a result of all modifications, the General Fund balance
reserves are estimated to change from the current adjusted budget
estimate of $29,729,418 to a new total of $29,313,428 at the end of this
fiscal year. This mid -year budget amendment also includes an increase of
$100,000 to the Prop A transit budget for Dial -A -Cab services reflecting
the popularity of the program and changes recently made to the Diamond
Ride program. With this budget amendment staff has made a concerted
effort to live within the confines of the current economic conditions without
compromising services provided to the City's residents.
No public comments were offered on this item.
FEBRUARY 17, 2009 PAGE 7 CITY COUNCIL
C/Chang complimented staff on being proactive in this matter and moved
to adopt the Mid -Year Budget.
MPT/Herrera said she agreed with C/Chang's comments and said she
appreciated staff's proactive and prudent actions.
C/Tye said he could not stress enough the good actions taken by staff
across all department lines. It was not that long ago that there was public
outcry for spending the City's surplus. This and previous Councils' built
this reserve for a rainy day that has arrived. He said it was a privilege to
second C/Chang's motion.
C/Tanaka said he appreciated staff's work and believed that although the
City is in a tight budget situation the rainy day the City saved for is here;
however, he didn't believe that the City needed to make as many cuts as
were proposed across the board especially in. areas of Neighborhood
Improvement. The City has worked hard to keep its City beautiful and if
residents need to address these areas the City needs to continue
promoting Neighborhood Improvement. He felt the vacant position should
be filled. Also, with respect to landscape maintenance the City has taken
a cut by rescheduling tree trimming from a three-year cycle to a five-year
cycle, and felt that a three-year cycle is more prudent.
M/Everett encouraged all residents to go online and review the
adjustments line by line.
CM/DeStefano explained that the surplus piece of property adjacent to
Summitridge Park and the Diamond Bar Center was purchased by the City
10 years ago for about $9,000 at a surplus sale. Council authorized staff
to place the property on the market about a year ago. There was a buyer
and the City believed escrow would close. However, the housing market
took a dive and the buyer stepped out of the purchase. Regarding
C/Tanaka's comment on the Neighborhood Improvement officer position,
the City presently has a vacancy of one code enforcement officer and is
backfilling the position with the contract service provided by the City's
Building and Safety provider; however, the City is still in the process of
recruiting to fill that position on a permanent basis. As noted by Council,
there is no drop in service and no change in the professionalism. He said
he was hesitant at this time to hire a full time officer because he doesn't
know what kind of financial burden the State may place on its cities.
Indeed, some of the current positions that are being recruited may not be
filled. In the meantime, staff has no intent to reduce the level of service for
Neighborhood Improvement. With respect to landscape maintenance;
specifically tree trimming, the City typically operates on a five-year cycle.
A year or two ago Council moved to a three-year cycle but resources
became challenging so in this past year staff went back to the more
traditional five-year schedule. Each year an amount is budgeted for spot
FEBRUARY 17, 2009 PAGE 8 CITY COUNCIL
maintenanceltree trimming and staff believes it is most appropriate to
continue using those annually budgeted resources and recommends that
at this point the City not move to a three-year cycle but rather remain with
the five-year cycle.
MPT/Herrera said that it was her firm belief that the City should never pay
for ongoing expenses out of its reserves and that it should do its best to
live within its means. Otherwise, the City could slowly slip into a deficit as
have many surrounding cities. She would be opposed to taking money
from the City's reserves to pay for ongoing expenses.
C/Chang moved, C/Tye seconded to adopt Resolution No. 2009-07;
amending the FY 2008-09 Municipal Budget. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
MPT/Herrera, M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang commented on the weather and hoped the rain would cure this year's
drought. He stated that since there is so much rain a lot of weeds will grow very
rapidly and asked residents to cut down weeds on slopes and in public areas.
He explained that the City collects money through lighting and landscape district
assessments for Neighborhood Improvement. However, the income does not
cover the expenses at this point. The committee is discussing ways to cover the
deficit without using reserve funds. D.B. is very fortunate that its Council can
pass a budget without shutting down the City. Council and staff are fiscally
conservative and for its entire 20 year history the City has balanced its budget
continuously to increase its surplus. He again commended staff on finding 21
ways to cut expenses without compromising services. C/Chang then stated that
several residents who use the small parcel at the edge of Summitridge Park,
have asked if the City could install a post and provide bags for dog waste pickup.
C/Tanaka reported on attending the California Contract Cities Association
Executive Board meeting during which the Board concurred to leave the matter
of accepting or opposing the City of Industry NFL stadium to the individual cities.
He attended the Diamond Bar Senior Citizens Valentine celebration dinner and
dance; and the Three Valleys Water District Quarterly Leadership Breakfast. He
thanked staff for the budget revision and hard work throughout the year.
C/Tye said that in two months the City will celebrate 20 years as a City and for
the 8th straight year D.B. has been named Tree City USA. Last week he
attended the celebration for Mary Su the first Chinese-American woman to
become mayor of the City of Walnut. He congratulated the One Air Club and
FEBRUARY 17, 2009 PAGE 9 CITY COUNCIL
teacher Lynn Wan who oversees the group. He reported that thieves have hit
D.B. again and asked Council for support in offering a $1000 reward to help find
the individuals who stole 2 memorial benches. He also asked what could be
done to anchor the benches or mark them in such a way so that the recycling
source could be aware that these items were stolen.
MPT/Herrera said she was sorry she missed the last Council Meeting and
reception that the City held for fire and public safety personnel thanking them for
the superb job in fighting the fires that surrounded D.B. She reported that she
had watched the webcast of the last Council Meeting and comments were made
about a $15,000 contribution that Ed Roski, Jr. supposedly gave to her. She
stated that the assertion was false. Ed Roski, Jr. did not give her $15,000 nor
was $15,000 deposited into her campaign account. She believed it was
important for the truth to be spoken.
M/Everett said that he and ACM/Doyle attended a San Gabriel press conference
with Sheriff Baca and leaders of the four stations that are a part of the San
Gabriel Valley. The D.B./Walnut Station boasted a reduction in robbery,
aggravated assault and criminal homicide. Last year burglaries in D.B. were
down 43%. He also attended the Three Valleys Water District Breakfast and
commented that everyone needs to take water conservation very seriously. One
tends to get somewhat casual when there is so much rain and damage but water
conservation is very important. He encouraged individuals to go to the website
www.watereducation.orq and participate in the blog www.aguafornia.org He
also joined C/Chang on Saturday to participate in the annual Council of African-
American Parents Cultural Fair.
ADJOURNMENT: With no further business to conduct, M/Everett adjourned the
regular City Council meeting at 8:12 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2009.
RON EVERETT, MAYOR
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6 2
Meeting Date: March 3, 2009
AGENDA REPORT
FROM: James DeStefano, City Mana 'e
TITLE: Ratification of Check Register dated February 12, 2009 through February
25, 2009 totaling $904,510.77.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $904,510.77 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated February 12, 2009 through
February 25, 2009 for. $904,510.77 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:
Financb lbirector
Assistant City Manager
Attachments: Affidavit and Check Register — 02/12/09 through 02/25/09.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated February 12, 2009 through February 25, 2009 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Description
Amount
General Fund
$343,452.12
Com Org Support Fund
1,600.00
Prop A - Transit Fund
6,700.96
Int. Waste Mgt Fund
8,233.95
CDBG Fund
980.01
LLAD 38 Fund
5,769.92
LLAD 39 Fund
2,193.31
LLAD 41 Fund
1,710.97
Capital Improvement Project Fund
533,869.53
$904,510.77
Signed:
r'>"O� hzm'���
Linda G. Mag son
Finance Director
City of Diamond Bar - Check Register 02/12/09 thru 02/25/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/19/2009
09 -PP 04
PAYROLL TRANSFER
P/R TRANSFER-09/PP 04
001
10200
146,326.78
$155,289.94
2/19/2009
83855
PAYROLL TRANSFER
P/R TRANSFER-09/PP 04
112
10200
4,576.55
$762.97
2/19/2009
PAYROLL TRANSFER
P/R TRANSFER-09/PP 04
115
10200
3,406.60
2/19/2009
83859
PAYROLL TRANSFER
P/R TRANSFER-09/PP 04
125
10200
980.01 1
1
2/12/2009 1
83854
JAARP
IMATURE DRIVING CLASS
0015350
1 45300 1
40.00
$40.00
2/12/2009
1
JAND
AND 1 OFFICIALS
OFFICIAL SVCS -1/31
0015350
1 45300
378.00
2/12/2009 1
83855
JAMERITECH BUSINESS SYSTEMS INC
ICOPIER MAINT-JAN 09
0014090
1 42100 1
762.971
$762.97
2/12/2009
83856
1 OFFICIALS
OFFICIAL SVCS -FEB 09
0015350
1 45300
378.00
$756.00
2/12/2009
1
JAND
AND 1 OFFICIALS
OFFICIAL SVCS -1/31
0015350
1 45300
378.00
2/12/2009 1
83857
IBENESYST
IFLEX ADMIN SVCS -4TH QTR
1 0014060
1 42346 1
90.411
$90.41
2/12/2009
CDW GOVERNMENT INC.
SUPPLIES-I.T.
0014070
41200
53.04
2/12/2009 1
83858
IBLUE SKY CAFE INC
IPUBLIC SAFETY RECOGNITION
0014090
1 41400 1
2,705.17
$2,705.17
2/12/2009 1
83859
ICATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
0015333
1 41200 1
209.301
$209.30
2/12/2009
83860
CDW GOVERNMENT INC.
SUPPLIES-I.T.
0014070
41200
48.67
$529.67
2/12/2009
CDW GOVERNMENT INC.
SUPPLIES-I.T.
0014070
41200
53.04
2/12/2009
83864
CDW GOVERNMENT INC.
SUPPLIES -17.
0014070
41200
427.96
$714.45
2/12/2009 1 83861 1CONSTANCE J. LILLIE ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 529.201 $529.20
2/12/2009
83862
LOS ANGELES COUNTY PUBLIC WORKS
FUEL -COMM SVCS OCT -DEC
0015310
42310
1,971.53
$2,471.94
2/12/2009
LOS ANGELES COUNTY PUBLIC WORKS
FUEL -RD MAINT OCT -DEC
0015554
42310
190.47
2/12/2009
83864
LOS ANGELES COUNTY PUBLIC WORKS
FUEL -GENERAL OCT -DEC
0014090
42310
309.94
$714.45
2/12/2009 1
83863
ICA PARK & RECREATION SOCIETY
IBALL FIELD MAINT SEMINAR
0015350
1 42340 1
40.001
$40.00
2/12/2009 1
83864
JDAY & NITE COPY CENTER
IPRINT SVCS -COMM SVCS
0015350
1 42110 1
714.45
$714.45
2/12/2009 83865 CAROL DENNIS PROF.SVCS-CC MTG 0014030 1 44000 1 200.00 $275.00
2/12/2009 CAROL DENNIS IPROF.SVCS-PLNG COMM 0015210 44000 75.00
2/12/2009 1 83866 IDEPARTMENT OF JUSTICE PRE-EMPLOYMENT SVCS 1 0014060 1 42345 1 64.00 $64.00
Page 1
City of Diamond Bar - Check Register 02/12/09 thru 02/25/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/12/2009
83867
DIAMOND BAR HAND CAR WASH
CAR WASH-NGHBRHD IMP
0015230
42200
12.99
$223.86
2/1212009
83870
DIAMOND BAR HAND CAR WASH
CAR WASH -POOL VEH
0014090
42200
113.90
$50.00
2/12/2009
DIAMOND BAR HAND CAR WASH
CAR WASH -COMM SVCS
0015310
42200
12.99
2/12/2009
83871
DIAMOND BAR HAND CAR WASH
CAR WASH -ROAD MAINT
0015554
42200
83.981
1
2/12/2009
83868
CONSULTANTS CIVIL ENGINEERS INC
ST IMPVMNT PROJ-GRAND
2505510
R46411
4,160.00
$7,475.00
2/12/2009
1
JDMS
DMS CONSULTANTS CIVIL ENGINEERS INC
1TRFFC CALMING -PALOMINO
2505510
1 46412
1 3,315.00
2/12/2009 1
83869
IDOGGIE WALK BAGS INC
SUPPLIES -PARKS
1 0015340
1 41200 1
1,398.881
$1,398.88
2/12/2009
1
EVERGREEN INTERIORS
PLANT MAINT-DB LIBRARY
1 0014090
42210
107.00
2/12/2009 1
83870
JANGELICA ENRIQUEZ
IFACILITY REFUND -MAPLE HIL
001
1 23002 1
50.001
$50.00
2/1 212009
EXTERMINETICS OF SO CAL INC
PEST CONTROL -HERITAGE
0015333
45300
40.00
2/12/2009 1
83871
JERWIN O CHING
ITUITION REIMB
1 0015510
1 42335 1
1,080.001
$1,080.00
2/12/2009
83872
EVERGREEN INTERIORS
PLANT MAINT-CITY HALL
0014090
42210
230.00
$337.00
2/12/2009
1
EVERGREEN INTERIORS
PLANT MAINT-DB LIBRARY
1 0014090
42210
107.00
2/1212009
83873
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC
0015333
45300
75.00
$205.00
2/12/2009
1
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC
0015333
45300
40.00
2/12/2009
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC
0015333
45300
50.00
2/1 212009
EXTERMINETICS OF SO CAL INC
PEST CONTROL -HERITAGE
0015333
45300
40.00
2/12/2009 1 83874 IFEDEX 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 40.591 $40.59
2/12/2009
83875
FIRST CLASS EVENTS
FACILITY REFUND -DBC
001
23002
500.00
$1,550.00
2/12/2009
1
FIRST CLASS EVENTS
FACILITY REFUND -DBC
001
23002
100.00
2/12/2009
FIRST CLASS EVENTS
FACILITY REFUND -DBC
001
23002
200.00
2/1 212 00 9
FIRST CLASS EVENTS
FACILITY REFUND -DBC
001
36615
750.00
2/12/2009 1 83876 IGO LIVE TECHNOLOGY INC IPROF. SVCS-I.T. WK 1130 0014070 1 R44000 1 5,250.001 $5,250.00
2/12/2009 1 83877 ISHANNON GRIFFITHS 1CONTRACT CLASS -WINTER 1 0015350 1 45320 1 335.401 $335.40
2/12/2009
1 83878
HARDY & HARPER INC
RETENTION PAYABLE
250
1 20300
-49,429.86
$444,868.74
2/12/2009
1
HARDY & HARPER INC
CONSTRUCTION -GRAND
2505510
1 R46411
494,298.60
2/12/2009 1 83879 JEMILIO HERRERA IRECREATION REFUND 1 001 1 34730 1 47.001 $47.00
Page 2
City of Diamond Bar - Check Register 02/12/09 thru 02/25/09
2/12/2009
83881
EMPIRE STAGES
EXCURSION -TRANSPORTATION
1125350
1 45310
298.48
Total Check Amount
Check Date
Check Number
Vendor Name
EXCURSION -TRANSPORTATION
Transaction Description
1 45310
Fund/ Dept
Acct #
Amount
83884
1INTERNATIONAL PROTECTIVE SVCS INC.
ICROSSING GUARD SVCS -JAN
0014411
1 45410 1
11,568.481
$11,568.48
$943.25
2/12/2009
1 83880 JiNDUSTRIAL
CLERICAL RECRUITERS INC
ITEMP SVCS-PJWKS WK 1/30
0015510 1
44000 1
943.251
2/12/2009
83881
EMPIRE STAGES
EXCURSION -TRANSPORTATION
1125350
1 45310
298.48
$1,343.50
2/12/2009
JINLAND
1
INLAND EMPIRE STAGES
EXCURSION -TRANSPORTATION
1125350
1 45310
1,045.02
2/12/200983882
83883
INLAND VALLEY DAILY BULLETIN
LEGAL AD -CITY ORDINANCE ---T--0015210
0015510
44220
473.75
$815.00
2/12/2009
1
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 2008-339
001
23010
341.25
2/12/2009 1
83883
JINSTITUTE OF TRANSPORTATION ENGINEE
ITRNG MATERIALS-P/WORKS
0015510
1 42340 1
559.441
$559.44
2/12/2009
1
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM DEV JAN
0014020
44020
765.40
2/12/2009 1
83884
1INTERNATIONAL PROTECTIVE SVCS INC.
ICROSSING GUARD SVCS -JAN
0014411
1 45410 1
11,568.481
$11,568.48
2/12/2009
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WORKS JAN
0014020
44020
530.86
2/12/2009 1
83885
IJ P NOLAN CO
SUPPLIES -COMM SVCS
0015350
1 41200 1
2,262.231
$2,262.23
2/12/2009
63886
JENKINS & HOGIN, LLP
LEGAL SVCS -GENERAL JAN
0014020
44020
4,984.00
$6,529.46
2/12/2009
1
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM DEV JAN
0014020
44020
765.40
2/12/2009
83891
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM SVCS JAN
0014020
44020
53.40
$4,470.00
2/12/2009
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WORKS JAN
0014020
44020
530.86
2/12/2009
83892
IJENKINS & HOGIN, LLP
ILEGAL SVCS -FINANCE JAN
0014020
44020
195.80
$1,982.76
2/12/2009 1 83887 JESSE'S AUTO REPAIR INC IVEH MAINT-COMM SVCS 0015310 1 42200 1 546.25 $546.25
2/12/2009
83888
KENS HARDWARE
SUPPLIES -PARKS
0015340
42210
368.52
$463.35
2/12/2009
1
KENS HARDWARE
SUPPLIES -DBC
0015333
41200
69.97
2/12/2009
83891
KENS HARDWARE
SUPPLIES -COMM SVCS
0015310
42200
24.86
$4,470.00
2!12/2009
83889
IMPRINTS INCORP.
SUPPLIES -RECREATION
0015350
1 41200
1 614.04
$1,228.08
2/12/2009
1
IKUSTOM
KUSTOM IMPRINTS INCORP.
SUPPLIES -RECREATION
0015350
1 41200
1 614.04
2/12/2009 1
83890
ILA DATA SECURITY
DATA STORAGE SVCS -JAN 09
1 0014070
1 45000 1
640.001
$640.00
2/12/2009 1
83891
ILAE ASSOCIATES INC
PROF.SVCS-ENGINEERING
1 0015551
1 45222 1
4,470.00)l
$4,470.00
2/12/2009 1
83892
ILANTERMAN DEV CENTERICOMM INDUSTRIE
1PARKWAY MAINT-JAN 09
0015558
1 45503 1
1,982.761
$1,982.76
2/12/2009 1
83893
JKWANG HO LEE
JPLNG COMM -1/27
0015210
1 44100 1
65.001
$65.00
Page 3
City of Diamond Bar - Check Register 02/12/09 thru 02/25/09
2/12/2009
83895
LOS ANGELES COUNTY PUBLIC WORKS
SUMP PUMP MAINT-DEC 08
0015340
42210
Total Check Amount
Check Date
Check Number
Vendor Name
LOS ANGELES COUNTY PUBLIC WORKS
Transaction Description
0015554
Fund/ Dept
Acct #
Amount
2/12/2009 1
83897
LOWE'S BUSINESS ACCOUNT
SUPPLIES -DBC
1 0015333
1 41200 1
30.311
2/12/2009
1 83894 ISHERI LIEBE
ICONTRACT CLASS -WINTER
0015350 1
45320 1
72.00
$72.00
2/12/2009
83895
LOS ANGELES COUNTY PUBLIC WORKS
SUMP PUMP MAINT-DEC 08
0015340
42210
400.83
$561.57
2/12/2009
1
LOS ANGELES COUNTY PUBLIC WORKS
TRAFFIC SIGNAL MAINT-DEC
0015554
1 45507
1 160.74
2/12/2009 1
83896
ITHOMAS LOTT
IPRINT SVCS -ST SWEEPING
1 1155515
1 42110 1
3,652.471
$3,652.47
2/12/2009
1
IPTM GENERAL ENGINEERING CORP
1TRFFC SIGNAL-INTRCNNT LNK
2505510 1
R46412
1 86,946.74
2/12/2009 1
83897
LOWE'S BUSINESS ACCOUNT
SUPPLIES -DBC
1 0015333
1 41200 1
30.311
$30.31
2/12/2009 1
83898
IMITY LITE INC
SUPPLIES -DBC
1 0015333
1 41200 1
1,260.901
$1,260.90
2/12/2009 1
83899
ISTEVE G NELSON
JPLNG COMM -1/27
1 0015210
1 44100 1
65.001
$65.00
2/12/2009 1
83900
1KATHLEEN ERIN NOLAN
JPLNG COMM -1/27
1 0015210
1 44100 1
65.00
$65.00
2/12/2009 1
83901
IKARLENE OKAZAKI
IFACILITY REFUND -DBC
001
1 23002 1
100.00
$100.00
2/12/2009 1
83902
JOLYMPIC STAFFING SERVICES
ITEMP SVCS-C/SVCS WK 2/1
0015310
1 44000 1
635.521
$635.52
2/12/2009
83903
JORKIN PEST CONTROL INC
IGOPHER SVCS-PANTERA FEB
1 0015340
1 42210 1
85.80
$85.80
2/12/2009 1
83904
ITHALES PAIK
IFACILITY REFUND-LORBEER
1 001
1 23002 1
100.001
$100.00
2/12/2009 1
83905
IPARKING AND PROPERTY ID
IPARKING PERMITS-P/WORKS
0015510
1 41200 1
568.311
$568.31
2/12/2009 1
83906
1PROTECTION ONE INC
JALARM SVCS -DBC FEB
0015333
1 42210 1
52.501
$52.50
2/12/2009
83907
PTM GENERAL ENGINEERING CORP
RETENTION PAYABLE
250 1
20300
1 -8,694.67
$78,252.07
2/12/2009
1
IPTM GENERAL ENGINEERING CORP
1TRFFC SIGNAL-INTRCNNT LNK
2505510 1
R46412
1 86,946.74
2/12/2009 1
83908
IQUICK CRETE PRODUCTS CORP
MAINT-PANTERA PK
0015340
1 42210 1
495.791
$495.79
2/12/2009 1
83909
IREPUBLIC ELECTRIC
MAINT-ROAD MAINT
0015554
1 45507 1
700.001
$700.00
2/12/2009 1
83910
IS C SIGNS & SUPPLIES LLC
SUPPLIES -ROAD MAINT
0015554
1 41250 1
356.68
$356.68
2/12/2009 1
83911
ISASAKI TRANSPORTATION SVCS.
PROF.SVCS-ENGINEERING
0015510
1 R44000 1
11,312-971
$11,312.97
Page 4
City of Diamond Bar - Check Register 02/12/09 thru 02/25/09
2/12/200983913
83914
SCPMA HR
SCPMA-HR TRNG-CROSS
0014060
I Total Check Amount
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
99.00
2/12/2009 1
83915
IJONATHAN SHIBUYA
$225.00
2/12/2009
1 83912 JSCMAF
AD -HIR 0014060 1
42115 1
225.001
2/12/200983913
83914
SCPMA HR
SCPMA-HR TRNG-CROSS
0014060
42340
99.00
$198.00
2/12/2009
ISCPMA HR
ISCPMA-HR TRNG-GONZALES
0014060
42340
99.00
2/12/2009 1
83914
ISECTRAN SECURITY INC.
ICOURIER SVCS -FEB 09
1 0014090
1 44000 1
299.731
$299.73
2/12/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
1385538
42126
35.60
2/12/2009 1
83915
IJONATHAN SHIBUYA
IFACILITY REFUND -DBC
1001
1 23002 1
700.001
$700.00
2/12/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 39
1395539
42126
562.66
2/12/2009 1
83916
ISHRED IT LOS ANGELES
PROF.SVCS-DOC DESTRUCTION
1 0014030
1 44000 1
144.751
$144.75
2/12/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -PARKS 1
0015340
42126
4,420.35
2/12/2009
83917
SMART & FINAL
SUPPLIES -SR BINGO
0015350
1 41200 1
146.841
$146.84
2/12/2009 1
83918
ISO COAST AIR QUALITY MGT DISTRICT
JEMISSIONS FEE -FY 08/09
0015333
1 42210 1
109.001
$109.00
2/12/2009 1
83919
IGINA SORIANO
IFACILITY REFUND -DBC
001 1
36615 1
400.00
$400.00
2/12/2009
83920
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
716.90
$6,318.64
2/12/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
1385538
42126
35.60
2/12/2009
83922
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
403.55
$62.23
2/12/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 39
1395539
42126
562.66
2/12/2009
83923
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 41
1415541
42126
179.58
$400.00
2/12/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -PARKS 1
0015340
42126
4,420.35
2/12/2009 1
83921
ITHREE VALLEYS MUNICIPAL WATER DIST
MTG-COUNCIL
0014010
1 42325 1
15.001
$15.00
2/12/2009
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK FAX
0015340
42125
25.00
2/12/2009 1
83922
JUCN INC
I LONG DIST SVCS -JAN 09
0014090
1 42125 1
62.23
$62.23
2/12/2009
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
29.94
2/12/2009 1
83923
IMARTHA VALENZUELA
IFACILITY REFUND -DBC
001
1 36615 1
400.001
$400.00
2/12/2009
83924
IVALLEY CREST LANDSCAPE MAINT INC
MAINT-PANTERA PK
1 0015340
1 42210 1
406.651
$406.65
2/12/2009
83925
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
57.33
$804.65
2/12/2009
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK FAX
0015340
42125
25.00
2/12/2009
VERIZON CALIFORNIA
PH.SVCS-PETERSON PK
0015340
42125
87.80
2/12/2009
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
29.94
Page 5
City of Diamond Bar - Check Register 02/12/09 thru 02/25/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/12/2009
83925...
IVERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090 1
42125
604.581
$804.65...
2/12/2009 1
83926
IWALNUT VALLEY -UNIFIED SCHOOL DIST
IFACILITY RENTAL -JAN 09
1 0015350
1 42140 1
1,360.001
$1,360.00
2/19/2009
IA-VIDD
IPROF.SVCS-I.T.
0014095 1
44000
385.00
2/12/2009 1
83927
jPAULWRIGHT
jAfV SVCS -P/C, CNCL MTG
1 0014090
1 44000 1
227.501
$227.50
2/12/2009 1
83928
JYI TONY TORNG
JPLNG COMM -1/27
1 0015210
1 44100 1
65.00
$65.00
2/19/2009 1
83929
JA AMERICAN SELF STORAGE
ISTORAGE RENTAL -RECREATION
0014090
1 42140 1
259.001
$259.00
2/19/2009 1
83930
JA AMERICAN SELF STORAGE
ISTORAGE RENTAL-I.T.
I 0014070
46230 1
122.001
$122.00
2/19/2009 1
83931
JAMERICAN CANCER SOCIETY
PROCEEDS-W/SNOW FEST
1 0015350
1 45300 1
306.37
$306.37
2/19/2009 1
83932
JAMERICAN PUBLIC WORKS ASN
JAPWA MTG-P/WKS STAFF
1 0015551
1 42325 1
115.00
$115.00
2/19/2009
83933
A-VIDD
SUPPLIES-I.T.
0014095
41200
49.57
$434.57
2/19/2009
IA-VIDD
IPROF.SVCS-I.T.
0014095 1
44000
385.00
2/19/2009 1
83934
IBENESYST
2/20/09-P/R DEDUCTIONS
1 001
21105
787.221
$787.22
2/19/2009 1
83935
IPETER BERNHARDT
IRECREATION REFUND
1 001
1 34720 1
48.001
$48.00
2/19/2009 1
83936
IRICK BETACOURT
ISTAFF TRNG-P/INFO
1 0014095
1 44000
132.00
$132.00
2/19/2009 1
83937
IBOY SCOUT TROOP 730
PROCEEDS-W/SNOW FEST
1 0015350
1 45300 1
306.371
$306.37
2/19/2009 1
83938
IBOY SCOUTS VENTURING CREW
PROCEEDS-W/SNOW FEST
1 0015350
1 45300 1
306.37
$306.37
2/19/2009 1
83939
ICHAPARRAL MIDDLE SCHOOL LEO CLUB
PROCEEDS-W/SNOW FEST
1 0015350
1 45300 1
306.37
$306.37
2/19/2009 1
83940
WARREN CHENG
IRECREATION REFUND
1 001
1 34720 1
96.001
$96.00
2/19/2009 1
83941
ID & J MUNICIPAL SERVICES INC
1CODE ENF SVCS -JAN 09
1 0015230
1 45213 1
5,200-001
$5,200.00
2/19/2009 1
83942
JDAVID EVANS AND ASSOCIATES INC
CONSTRUCTION-SYC CYN
I 2505310
R4 4415 1
193-721
$193.72
2/19/2009 1
83943
IDIAMOND, BAR IMPROVEMENT ASSOCIATION
AD-HHW ROUNDUP JAN/FEB
1155515
1 42115 1
450,007$$450.00
Page 6
City of Diamond Bar - Check Register 02/12/09 thru 02/25/09
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct # I
Amount
I Total Check Amount
2/19/2009
1 83976 BONNIE PIXLEY
RECREATION REFUND
1 001
1 34720 1
96.001
$96.00
2/19/2009 1
83977
IREEDCORP ENGINEERING
JEMER GENERATOR SYS -DBC
2505310
1 R46415 1
980.001
$980.00
2/19/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
676.78
2/19/2009 1
83978
jRHF INC.
JEQ MAINT-SHERIFF DEPT
0014411
1 42200 1
339.001
$339.00
2/19/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DBC
0015333
42126
3,986.18
2/19/2009 1
83979
JDAVE RICH
IRECREATION REFUND
1 001
1 34720 1
96.001
$96.00
2/19/2009 1
83980
PETER ROGERS
PROF.SVCS-P/INFO
1 0014095
1 42112 1
350.191
$350.19
2/19/2009 1
83981
IROTARY CLUB OF WALNUT VALLEY
IFOOD REIMB-W/SNOW FEST
1 0015350
1 45300 1
43.001
$43.00
2/19/2009 1
83982
IS C SIGNS & SUPPLIES LLC
SUPPLIES -ROAD MAINT
1 0015554
1 41250 1
278.201
$278.20
2/19/2009 1
83983
ISASE COMPANY INC
TOOLS -ROAD MAINT
1 0015554
1 41300 1
1,094.901
$1,094.90
2/19/2009 1
83984
ISIMPSON ADVERTISING INC
IDESIGN SVCS -FEB NEWS
1 0014095
1 44000 1
1,800.001
$1,800.00
2/19/2009
83985
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
429.18
$5,141.31
2/19/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
676.78
2/19/2009
83989
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
49.17
$813.76
2/19/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DBC
0015333
42126
3,986.18
2/19/2009 1 83986 IST DENIS ITALIAN CATHOLIC FEDERATIO PROCEEDS-W/SNOW FEST 1 0015350 1 45300 1 306.371 $306.37
2/19/2009
83987
STANDARD INSURANCE OF OREGON
MAR 09 -LIFE INS PREM
001
21106
1,185.01
$3,058.80
2/19/2009
STANDARD INSURANCE OF OREGON
MAR 09-SUPP LIFE INS PREM
001
21106
167.00
2/19/2009
83989
STANDARD INSURANCE OF OREGON
MAR 09-STD/LTD
001
21112
1,706.79
$813.76
2/19/2009 1
83988
ITANDEM PRIVATE SECURITY
ISECURITY SVCS-W/SNOW FEST
1 0015350
1 45300 1
270.001
$270.00
2/19/2009 1
83989
ITELEPACIFIC COMMUNICATIONS
IT1 INTERNET SVCS -FEB 09
1 0014070
1 44030 1
813.761
$813.76
2/19/2009 1
83990
JTIME WARNER
JINTERNET SVCS-FEB/MAR
1 0014070
1 44030 1
362.601
$352.60
2/19/2009 1
83991
ITIME WARNER
IMODEM SVCS -COUNCIL
1 0014010
1 42130 1
46.951
$46.95
Page 9
City of Diamond Bar - Check Register 02/12/09-thru 02/25/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/19/2009
83992
TRG LAND INC
PROF SVCS-SITE"D" PLAN
0015240
R44000
8,213.56
$27,180.31
2/19/2009
83996
TRG LAND INC
PROF SVCS -SITE "D" PLAN
0015240
R44000
12,366.75
$35.00
2/19/2009
TRG LAND INC
PROF SVCS -SITE "D" PLAN
0015240
R44000
6,600.00
2/19/2009 1 83993 IVANTAGEPOINT TRNSFR AGNTS-303248 2/20/09-P/R DEDUCTIONS 001 1 21108 1 4,017.541 $4,017.54
2/19/2009
83994
VERIZON CALIFORNIA
PH.SVCS-TELEWORKACIS
0014090
42125
177.83
$353.43
2/19/2009
VERIZON CALIFORNIA
PH.SVCS-PANTERA PK
0015340
42125
87.80
2/19/2009
83996
VERIZON CALIFORNIA
PH.SVCS-SYC CYN PK
0015340
42125
87.80
$35.00
2/19/2009 1
83995
IMICHAEL VIGIL
IRECIREATION REFUND
001
1 34780 1
105.001
$105.00
2/19/2009
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 39
1395539
42126
1,630.65
2/19/2009 1
83996
IWALNUT VALLEY KIWANIS CLUB
IFOOD REIMB-W/SNOW FEST
0015350
1 45300 1
35.001
$35.00
2/19/2009
83997
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 38
1385538
42126
5,281.60
$13,092.50
2/19/2009
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 39
1395539
42126
1,630.65
2/19/2009
83999
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 41
1415541
42126
1,531.39
$409.55
2/19/2009
WALNUT VALLEY WATER DISTRICT
WATER SVCS -PARKS
0015340
42126
4,477.43
2/19/2009
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DBC
0015333
42126
171.43
2/19/2009 1
83998
WALNUT/DIAMOND BAR SHERIFF'S
IMEMBERSHIP DUES -FY 2009
1 0014030
1 42315 1
50.001
$50.00
2/23/2009 1
83999
ISTATE DISBURSEMENT UNIT
ISLRY ATTCHMT40000932977
1 001
1 21114 1
409.551
$409.55
$904,510.77
Page 10
CITY COUNCIL
J�'o72POR,Z�9
r98g
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: Treasurer's Statement — January 2 09
RECOMMENDATION:
Approve the January 2009 Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda #
Meeting Date:
6.3
Mar. 3, 2009
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the cash balances for the various funds, with a
breakdown of bank account balances, investment account balances, and the effective yield earned
from investments. This statement also includes a separate investment portfolio report which details
the activities of the investments. All investments have been made in accordance with the City's
Investment Policy.
PREPARED BY:
Linda G. Magnuson, Finance Director
..�V,41,1/1 c
Dep rt ent Head
Attachments:
Treasurer's Statement, Investment Portfolio Report
Assistant City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
January 31, 2009
BEGINNINCs TRANSFERS ENDING
BALANCE RECEIPTS.:: DISBURSEMENTS IN (OUT) BALANCE .
GENERAL FUND
$29,669,652.68
4,145,432.37
$1,916,615.26
$355,597.25
$32,254,067,04
LIBRARY SERVICES FUND
0.00
41,604.46
CHANGE FUND
0.00
COMMUNITY ORG SUPPORT FD
1,685.32
1,000.00
831.50
TOTAL DEMAND DEPOSITS
853.82
GAS TAX FUND
129,374.98
1,348.49
(284,207.61)
(153,484.14)
TRANSIT TX (PROP A) FD
525,751.58
163,123.95
254,856.15
US TREASURY Money Market Account
434,019.38
TRANSIT TX (PROP C) FD
1,646,615.73
67,992.02
10,034.70
TOTAL CASH
1,704,573.05
ISTEA Fund
(172,097.72)
(172,097.72)
INTEGRATED WASTE MGT FD
301,248.26
102,746.17
15,372.48
(41,389.64)
347,232.31
TRAFFIC IMPROVEMENT FUND
573,257.32
2,732.15
575,989.47
AB2928-TR CONGESTION RELIEF FD
111,844.00
113,246.56
225,090.56
AIR QUALITY IMPRVMNT FD
112,811.65
1,053.66
113,865.31
TRAILS & BIKEWAYS FD
0.00
0.00
Prop 1B Bond Fund
1,184,775.21
6,846.03
1,191,621.24
PARK FEES FD
413,617.88
2,898.09
416,515.97
PROP A - SAFE PARKS ACT FUND
(17,792.00)
(17,792.00)
PARK & FACILITIES DEVEL. FD
655,010.84
5,202.93
10,186.40
650,027.37
COM DEV BLOCK GRANT FD
38,504.44
14,441.27
(53,828.00)
(29,764.83)
CITIZENS OPT -PUBLIC SAFETY FD
96,199.81
25,554.95
498.63
(30,000.00)
91,256,13
NARCOTICS ASSET SEIZURE FD
359,474.29
2,518.73
361,993,02
CA LAW ENFORCEMENT EQUIP PRGI
BD,632.98
564.97
81,197.95
LANDSCAPE DIST #38 FD
31,182.36
26,781.00
11,405.19
46,558.17
LANDSCAPE DIST #39 FD
(10,277.58)
16,276.00
12,461.97
(6,463.55)
LANDSCAPE DIST #41 FD
85,334.82
12,616.53
4,671.69
93,279.66
GRAND AV CONST FUND
0.00
0.00
CAP IMPROVEMENT PRJ FD
(269,539.67)
316,454.18
53,828.00
(532,165.85)
SELF INSURANCE FUND
1,112,965.74
7,797.63
1,120,763.37
EQUIPMENT REPLACEMENT FUND
223,843.45
1,568.40
225,411.85
COMPUTER REPLACEMENT FUND
357,826.27
2,507.17
360,333.44
PUBLIC FINANCING AUTHORITY FUNI
176,204.27
27,054.96
9,780.04
193,479.19
TOTALS
$37,418,106.91
$4,735,862.76
$2,577,609.46
$0.00
$39,576,360.21
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
($686,408.86)
PAYROLL ACCOUNT
41,604.46
CHANGE FUND
250.00
PETTY CASH ACCOUNT
1,000.00
TOTAL DEMAND DEPOSITS
($643,554.40)
INVESTMENTS:
US TREASURY Money Market Acct.
$651,712.17
LOCAL AGENCY INVESTMENT FD
33,374,723.25
FED HOME LOAN BANK NOTES
6,000,000.00
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
193,479.19
TOTAL INVESTMENTS
$40,219,914.61
TOTAL CASH
$39,576,360.21
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds
are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments.
These investments are detailed on the attached Investment Report.
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above sum ry ides sufficient cash flow liquidity to meet the next six month's
estim x di res.
Jame DeStefano, Treasurer
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO REPORT
for the Month of January 2009
Institution Type of Investment Rating
Purchase Maturity
Date Date
Term
Amount
At Cost
Current Par /
Original Par
Fair Market
Value *
Rate
State of California Local Agency Inv Fund AAA
33,374,723.25
33,475,295.01
2.046%
Wells Fargo Bank US Treasury Money Market AAA
651,712.17
651,712.17
0.010%
Union Bank -(Fiscal Agent) US Treasury Money Market AAA
193,479.19
193,479.19
0.000%
Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA
05/12/08 05/12/10
2.0 Yrs
1,000,000
1,000,000
1,002,350.00
3.350%
Wells Fargo Inst Securities FHLB- Federal Home Loan Note AAA
08/27/08 08127/10
2.0 Yrs
1,000,000
1,000,000
1,003,750.00
3.400%
Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA
05/15/08 11/15/10
2.5 Yrs
1,000,000
1,000,000
1,003,210.00
3.500%
Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA
01/21/08 02/21/11
3.0 Yrs
1,000,000
1,000,000
1,003,370.00
3.600%
Wells Fargo Inst Securities FHLB - Federal Home Loan Note AAA
10/14/08 10/14/11
3.0 Yrs
1,000,000
1,000,000
1,008,750.00
4.000%
Wells Fargo Inst Securities FFCB - Farm Credit Note AAA
12/12/08 12/12/11
2.0 Yrs
1,000,000
1,000,000
1,001,880.00
3.200%
Totals for month
$ 40,219,914.61
$ 40,343,796.37
Less Investments matured during the month
0.00
Total Investments:
$ 40,219,914.61
2007-08 Actual Interest Income
$1,702,255.90
2008-09 Budgeted Interest Income
$1,015,700.00
Actual Year -To -Date Interest Income
$546,131.67
Percent of Interest Received to Budget
53.769%
Allocation of Book Value of Investment by Type
(By Percent)
Source of Fair Market Value: Welis Fargo Institutional Securities, LLC
TYPE OF INVESTMENTS:
Local Agency Investment Fund (LAIF)
LAIF is an investment pool for local agencies which is managed by the State
Treasurer and regulated by the State law. The City Investment Policy places
no limit on this type of investment.
U.S. Treasury Money Market Fund
Money Market Funds are comprised of short term government securities,
certificates of deposit and highly rated commercial paper. The City Investment
Policy places no limit on this type of investment.
Federal Agency Security
Federal Agency Securities are issued by direct U.S Government agencies or
quasi -government agencies. Many of these issues are guaranteed directly or
indirectly by the United States Government. The City Investment Policy places
a 40% limit on this type of investment.
Note: The fair market value is the value of a security if it was sold on the date of this report. Since interest rates fluctuate from day to day the fair market value may rise or fall accordingly. It is the
intention of the City to hold all securities (with the exception of LAIF) to maturity or until called by the issuer. At that time, the security is redeemed at face value regardless of the current interest
rate.
CITY COUNCIL
Agenda # 6.4
Meeting Date: March 3, 2009`
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: Adopt Resolution No. 2009 —XX 4q'--C,orizina $1000 reward for information leading to
the arrest and conviction of individual(s) responsible for the theft of the benches from
Sycamore Canyon Trail Overlook.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
If approved by the City Council, $1000 from the Public Safety budget will be allocated to pay the
individual that provides information leading to the arrest and conviction of the person(s) responsible
for the damage.
BACKGROUND/DISCUSSION:
On or about Thursday, February 7, 2009 an individual or group of individuals stole two benches that
were donated to the City and placed at the trailhead of Sycamore Canyon Park Overlook. The value
of these benches collectively is approximately $2,500.
At this time, there are no leads in the case and it is unlikely the individual(s) responsible will be
identified without additional information. To encourage anyone with information to come forward, it is
recommended that the City Council approve the $1000 reward. In the event the individual(s)
responsible are arrested and convicted, the City would pursue restitution of the replacement costs of
the benches along with the $1000 reward money.
The offering of a reward by the City has been successful in solving other crimes that are similar in
nature. If approved by the City Council, staff will work with the Sheriff's Department to coordinate the
release of information about the reward.
PREPARED BY:
Assistant City Manager
RESOLUTION NO. 2009—
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA' AUTHORIZING A
MONETARY REWARD IN THE AMOUNT OF $1000 FOR
INFORMATION LEADING TO THE ARREST AND
CONVICTION OF THE INDIVIDUAL(S) RESPONSIBLE
FOR THE THEFT OF BENCHES FROM THE SYCAMORE
CANYON TRAILHEAD.
WHEREAS, on or about February 7, 2009 unknown parties stole benches that had been
donated to the City that were located at the Sycamore Canyon Trail Head; and
WHEREAS, the Los Angeles County Sheriff Department has no leads in the case and it is
unlikely that the responsible party(ies) will be successfully prosecuted without someone in the
community coming forward to offer information; and
WHEREAS, it is assumed that both benches were stolen by the same parties; and
WHEREAS, in the event that the crime was two separate acts by two separate parties and the
informing party leading to the arrest and conviction of the individual(s) responsible for the theft of one
bench, said informant shall receive the entire reward amount of $1000.
WHEREAS, the City Council has the authority pursuant to the Diamond Bar Municipal Code
and California State Government Code Section 53069.5 to offer a reward for information leading to
the identification of any person that has damaged or destroyed any property; and
WHEREAS, any person responsible for the theft of the property is considered to have
damaged or destroyed the property and is liable for said damage, any fines imposed and the amount
of any reward paid; and
WHEREAS, if the responsible person(s) is an unemancipated minor, the parent or guardian
shall be liable for the amount of any reward paid.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar,
California does hereby find that the public interest is served by offering a monetary reward in the
amount of $1000 for information leading to the arrest and conviction of the individual(s) responsible
for the theft of the benches at the Sycamore Canyon Trail Head.
PASSED, APPROVED AND ADOPTED this day of , 2009.
Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on the day of , 2009, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
CITY COUNCIL
TO: Honorable Mayor and Mem
VIA: James DeStefano, City
Agenda # 6.5 (a)
Meeting Date: March 3, 2009
AGENDA REPORT
the City Council
TITLE: A RESOLUTION APPRONING PROGRAM SUPPLEMENT
AGREEMENT NO. 008-N ADMINISTERING THE AGENCY -STATE
AGREEMENT NO. 07-5455R FOR UTILIZATION OF FEDERAL FUNDS
IN THE AMOUNT OF $108,000.00 ON THE CHINO HILLS PARKWAY
(NORTHERLY CITY LIMITS TO SOUTHERLY CITY LIMITS) AND
CHINO AVENUE (FROM CHINO HILLS PARKWAY AND EASTERLY
CITY LIMITS) REHABILITATION PROJECT
RECOMMENDATION:
Adopt Resolution No. 2009 -XX approving Program Supplement Agreement No. 008-N
authorizing the City Manager to execute contracts and related documents necessary for
the completion of the subject project.
FINANCIAL IMPACT:
The adoption of the Resolution and the execution of the Program Supplement
Agreement will allow the City to be reimbursed $108,000.00 in total for the design of the
rehabilitation project. The reimbursable federal funds are being provided by Surface
Transportation Program Local (STPL) funds.
The mid -year FY 2008-2009 budget was adjusted to reflect total federal funds approved
for professional engineering design services in the amount of $108,000 (STPL Funds)
with a general fund match of $14,000.00.
DISCUSSION:
This street rehabilitation project will consist of pavement rehabilitation along Chino Hills
Parkway from the northerly City limit with the City of Pomona to the southerly City limit
with the City of Chino Hills. Additionally, Chino Avenue will be rehabilitated within the
City limits from Chino Hills Parkway to the easterly City limit with the City of Chino Hills
(Exhibit A).
Before federal funds can be made available for a programmed project, the City is
required to enter into a supplemental agreement with the California Department of
Transportation (Caltrans) and provide a resolution which authorizes a designated official
of the City to execute the supplemental agreement. The existing agreement, commonly
referred to as Administering Agency -State Agreement No. 07-5455, allows the City to
administer Federally Funded Projects, whereas the supplemental agreement
establishes conditions specific to an individual project.
PREPARED BY: DATE PREPARED:
Kimberly Molina, Associate Engineer February 24, 2009
REVIEWED BY:
David G. iu, Director of Public Works
Attachment: Exhibit A -Project Limits
Resolution No. 2009 -XX
Program Supplement Agreement Nos. 008-N
2
IIQMONE
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING PROGRAM
SUPPLEMENT NO. 008-N TO ADMINISTERING
AGENCY -STATE AGREEMENT NO. 07-5455R FOR
UTILIZATION OF FEDERAL FUNDS ON THE CHINO
HILLS PARKWAY (NORTHERLY CITY LIMITS TO THE
SOUTHERLY CITY LIMITS) AND CHINO AVENUE
(CHINO HILLS PARKWAY TO EASTERLY CITY LIMITS)
REHABILITATION PROJECT
RECITALS
(i) The United States Congress enacted the Transportation Equity Act for the
21St Century (TEA -21) and 2005 Appropriation Program Funds for
program funding;
(ii) The City of Diamond Bar (City) annually receives Surface Transportation
Program — Local Funds through Metropolitan Transportation Authority;
(iii) The City has applied for the 2005 Federal Appropriation Funds from the
United States Congress and the funds have been awarded to the City;
(iv) The Program Supplement Agreement No. 008-N to Administering Agency -
State Agreement No. 07-5455R shall be fully executed by the City and
State of California Department of Transportation (Caltrans) prior to
processing of the City's requests for reimbursement of the federal funds
for the Chino Hills Parkway and Chino Avenue Rehabilitation Project.
RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Approve the Program Supplement No. 008-N to Administering Agency -
State Agreement No. 07-5455R for Federal Funds to be utilized for the
construction of the Chino Hills Parkway and Chino Avenue Rehabilitation
Project.
2. Certifies that said Project will be constructed in accordance with the
Program Supplement No. 008-N and federal procedures outlined in the
Local Assistance Program Manual and Guidelines.
3. Appoints _James DeStefano, City Manager, as agent of the City of
Diamond Bar to conduct all negotiations, execute and submit all
documents, including, but not limited to applications, agreements,
amendments, payment requests and so on, which may be necessary for
the completion of the aforementioned project.
PASSED, APPROVED AND ADOPTED this 3rd day of March, 2009.
Ron Everett, Mayor
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 3rd day of March, 2009 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATEST:
CITY CLERK OF THE
CITY OF DIAMOND BAR
PROGRAM SUPPLEMENT NO. N008 Date:January 28,2009
to Location: 07-LA-0-DMBR
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:STPL-5455(010)
FOR FEDERAL -AID PROJECTS NO. 07-5455R E.A. Number :07-933110
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 06/05/08 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Chino Hills Parkway: NCL to SCL & Chino Ave: Chino Hills Parkway to ECL
TYPE OF WORK: Asphalt Concrete Overlay
LENGTH: O(MILES)
Estimated Cost Federal Funds
Matching Funds
L230 $108,000.00
$122,000.00
LOCAL
$14,000.00
$0.00
OTHER
$0.00
CITY OF DIAMOND BAR
By
Date
Attest
Title
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my pers�lknowledge that bud ed fundsare available for this encumbrance:
Accounting Officer Date $108,000.00
Chapter I Statutes Item Year r Program BC Category Fund source AMOUNT
268 2008 2660-102-890 2008-2009 20.30.010.810 C 262040 892-F 108,000.00
Program Supplement 07 -5455R -N008- ISTEA Page 1 of 4
07-LA-0-DMBR
STPL-5455(010)
SPECIAL COVENANTS OR REMARKS
01/28/2009
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box.942874
Sacramento, CA 94274-0001.
Failure to do so will cause a delay in the State processing
invoices for the construction phase._ Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
3. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
4. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
Program Supplement 07 -5455R -N008- ISTEA Page 2 of 4
07-LA-0-DMBR
STPL-5455(010)
SPECIAL COVENANTS OR REMARKS
01/28/2009
Agreement. The Administering Agency shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination
in the award and administration of Federal -assisted contracts.
The Administrating Agency's DBE Implementation Agreement is
incorporated by reference in this Agreement. Implementation of
the DBE Implementation Agreement, including but not limited to
timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as
a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DBE
Implementation Agreement, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.) .
Program Supplement 07 -5455R -N008- ISTEA Page 4 of 4
CITY COUNCIL
TO:
Honorable Mayor and Members
VIA: James DeStefano, City M
TITLE:
Agenda # 6.5 (b)
Meeting Date: March 3, 2009
AGENDA REPORT
the City Council
AWARD OF DESIGN SERVICESI CONTRACT TO NORRIS-REPKE FOR
CHINO HILLS PARKWAY AND CHINO AVENUE REHABILITATION
PROJECT (TIP PROJECT ID NO. LAOG042) IN THE AMOUNT OF
$102,848.00, PLUS A CONTINGENCY AMOUNT OF $10,000.00 FOR A
TOTAL AUTHORIZATION OF $112,848.00.
RECOMMENDATION:
Award.
FINANCIAL IMPACT:
The adoption of the Resolution and the execution of the Program Supplement
Agreement will allow the City to be reimbursed $108,000.00 in total for the design of the
rehabilitation project. The reimbursable federal funds are being provided by Surface
Transportation Program Local (STPL) funds.
The mid -year FY 2008-2009 budget was adjusted to reflect total federal funds approved
for professional engineering design services in the amount of $108,000 (STPL Funds)
with a general fund match of $14,000.00.
BACKGROUND/DISCUSSION:
This Chino Hills Parkway and Chino Avenue project will consist of pavement
rehabilitation along Chino Hills Parkway, from the northerly city limit with the City of
Pomona to the southerly city limit with the City of Chino Hills. Additionally, Chino
Avenue will be rehabilitated within the City limits from Chino Hills Parkway to the
easterly city limit with the City of Chino Hills (Exhibit A).
In May 2008, the City released the Request for Proposals. Five (5) proposals were
received on June 4, 2008. However, the City had not received authorization to proceed
with the Professional Engineering (PE) phase of the project from Caltrans, which serves
as the administrating agency for federally funded projects. The request for authorization
was submitted to Caltrans in April of 2008 and the authorization to proceed with the PE
phase was granted on January 20, 2009. At such time staff gave each firm that had
originally submitted proposals in June 2008 the opportunity to update their proposal
given that it had been more than 7 months since their proposals were received by the
City. Four (4) firms submitted an updated proposal while one firm notified staff that their
June 4, 2008 proposal would remain valid during the selection process. The five (5)
firms that submitted proposals for consideration are as follows:
DMS Consultants
$89,505.00
Urban Logic Consultants
$98,930.00
Norris-Repke
$102,848.00
Hall & Foreman, Inc.
$108,060.00
AAE Incorporated
$114,368.00
The proposals were reviewed and evaluated by the selection committee. Norris-Repke
was selected over the two lowest proposes because they best understood the City's
needs and were the most qualified due to their design approach which identified
construction issues that may be encountered and should be addressed early in the
design phase as well as value engineering that will analyze several different alternatives
for the design which will maximize the City's construction budget while obtaining a
quality product.
Norris-Repke's scope of work includes:
• Collect and review all existing information pertaining to this project, including
available improvements and utility plans
• Pavement and geotechnical analysis
• Conduct a utility search and secure necessary right-of-way and/or permits from
the utility companies
• Survey services
• Prepare project plans
• Prepare project specifications and cost estimates
The tentative schedule of this project is as follows:
Plans, Specifications and Estimate Complete June 2009
Construction Contract Award August 2009
Construction Completion November 2009
PREPARED BY: DATE PREPARED:
Kimberly Molina, Associate Engineer February 25, 2009
REVIEWED.. -BY'.
Ate'`
r`
David G. LK, Ofirector of Public Works
Attachments: Exhibit A -Project Limits
Consulting Services Agreement
Scope of Work/Services
EXHIBITA
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of March 3, 2009 by and between the City of
Diamond Bar, a municipal corporation ("City") and Norris-Repke, ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated May 12, 2008.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B" the Consultant's
Proposal, dated February 5, 2009 to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Agreement shall take effect March 3, 2009,
and shall continue unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
Consultant performs to the satisfaction of City in such amounts as are set forth in
Exhibit "B". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Consultant pursuant to this Agreement shall not
exceed One Hundred Two Thousand, Eight Hundred Forty-eight dollars ($102,848.00)
absent a written amendment to this Agreement.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: City Manager Consultant: Norris-Repke
City of Diamond Bar 400 N. Tustin Avenue
21825 East Copley Drive Suite 230
Diamond Bar, CA 91765 Santa Ana, CA 92705
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $2,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy (ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
admitted to do business in the State of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VI I.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that five (5) days prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
3
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
The City acknowledges the Consultant's design documents, including electronic
files, as instruments of professional service. Nevertheless, the final work documents
prepared under this Agreement shall become the property of the City upon completion
of the services and payment in full of all monies due to the Consultant. The City shall
not reuse or make any modifications to the work documents without the prior written
authorization of the Consultant. The City agrees, to the fullest extent permitted by law,
to indemnify and hold harmless the Consultant, its officers, directors, employees and
subconsultants (collectively, Consultant) against any damages, liabilities or costs,
including reasonable attorneys' fees and defense costs, arising from or allegedly arising
from or in any way connected with the unauthorized reuse or modification of the work
documents by the City or any person or entity that acquires or obtains the work
documents from or through the Client without the written authorization of the Consultant.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
C. Consultant warrants that he/she has not employed or retained
any company or person, other than a bona fide employee working for the Consultant; to
solicit or secure this agreement; and that he/she has not paid or agreed to pay any
company or person other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award, or formation of this agreement. For breach or violation of this warranty, City
shall have the right to annul this agreement without liability, or at its discretion, to deduct
from the agreement price or consideration, or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gift of contingent fee.
11
13. Dispute Resolution.
A. Dispute Resolution: Except as may otherwise be set forth expressly
herein, all disputes arising under this Agreement shall be resolved as set forth in this
Section 13.
B. Negotiation and Mediation: The Parties shall attempt in good faith
to resolve any dispute arising out of or relating to this Agreement promptly by
negotiations between the Parties' authorized representatives. The disputing Party shall
give the other Parties written notice of any dispute. Within twenty (20) days after
delivery of such notice, the authorized representatives shall meet at a mutually
acceptable time and place, and thereafter as often as they reasonably deem necessary
to exchange information and to attempt to resolve the dispute. If the matter has not
been resolved within thirty (30) days of the first meeting, any Party may initiate a
mediation of the dispute. The mediation shall be facilitated by a mediator that is
acceptable to all Parties and shall conclude within sixty (60) days of its commencement,
unless the Parties agree to extend the mediation process beyond such deadline. Upon
agreeing on a mediator, the Parties shall enter into a written agreement for the
mediation services with each Party paying a pro rate share of the mediator's fee, if any.
The mediation shall be conducted in accordance with the Commercial Mediation Rules
of the American Arbitration Association; provided, however, that no consequential
damages shall be awarded in any such proceeding and each Party shall bear its own
legal fees and expenses.
C. Confidentiality: All negotiations and any mediation conducted pursuant
to Section 13 shall be confidential and shall be treated as compromise and settlement
negotiations, to which Section 1152 of the California Evidence Code shall apply, which
Section is incorporated in this Agreement by reference.
D. Injunctive Relief: Notwithstanding the foregoing provisions, a Party
may seek a preliminary injunction or other provisional judicial remedy if in its judgment
such action is necessary to avoid irreparable damage or to preserve the status quo.
E. Continuing Obligation: Each Party shall continue to perform its
obligations under this Agreement pending final resolution of any dispute arising out of or
relating to this Agreement.
Failure of Mediation: If, after good faith efforts to mediate a dispute under
the terms of this Agreement as provided in this Section, the parties cannot agree to a
resolution of the dispute, any party may pursue whatever legal remedies may be
available to it at law or in equity, before a court of competent jurisdiction.
14. Termination. Either party may terminate this Agreement with or without
cause upon thirty (30) days written notice to the other party. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services.
15. Extension of Time. The Consultant may request an extension in writing,
outlining the reasons for the delay and the new expected completion date. All such
requests shall be submitted to the Public Works Director, and if approved, shall require
a written amendment to this Agreement fully executed by both parties.
16. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
17. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of State or DOT—assisted contracts or in the administration of the City's
DBE Program. Such nondiscrimination shall include but not be limited to the following:
employment, upgrading, demotion, transfers, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Records Retention and Audits.
A. Consultant shall maintain all source documents, books , and records
connected with their performance of this Agreement for a minimum of three (3) years
from the date that City makes final payment to Consultant or until audit resolution is
achieved whichever is later, and all other related, pending matters are closed.
M
B. Upon request, at any time during normal business hours and as often
as City or any duly authorized representative may deem necessary, Consultant shall
make available for examination all of its records with respect to all matters covered by
this Agreement for purposes of audit, examination, or to make copies or transcripts of
such records, including, but not limited to, contracts, invoices, payrolls, personnel
records, conditions of employment and other records related to all matters covered by
this Agreement. Such records and access to the facilities and premises of the
Consultant shall be made available during the period of performance of this Agreement,
and for three (3) years from the date that City makes final payment to Consultant or until
audit resolution is achieved, whichever is later, and all other related, pending matters
are closed.
19. Cost Principles.
A. Consultant agrees to comply with the following:
(1) the Contract Cost Principles and Procedures, 48 Code of Federal
Regulations, Federal Acquisition Regulations System, Chapter 1, Part
31, et seq. (Office of Management and Budget Circular A-87, "Cost
Principles for State, Local, and Indian Tribal Governments)", shall be
used to determine the allowability of individual project cost items, and
(2) the Federal administrative procedures in accordance with 49 Code of
Federal Regulations, Part 18, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments."
B. Any costs for which Consultant receives payment or credit that is
determined by a subsequent audit or other review by either City, Caltrans or other State
or Federal authorities to be unallowable under, but not limited to, 48 CFR, Chapter 1,
Part 31; or 49 CFR, Part 18, are to be repaid by Consultant within thirty (30) days of
Consultant receiving notice of audit findings. Should Consultant fail to reimburse
moneys due City within thirty (30) days of demand, or within such other period as may
be agreed between both parties hereto, City is authorized to withhold future payments
due Consultant.
20. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
21. Scope of Work Changes. City and Consultant may request in writing, at
any time, amendments to the scope of work. Within ten (10) days from the date of the
written notice, Consultant shall notify City of the impact of such changes on the Scope
of Work, Schedule and Budget. Upon agreement between the parties as to the required
changes, an amendment to this Agreement shall be prepared regarding the same.
22. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
24. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
25. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
26. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
27. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
28. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
:
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By:
Tommye A. Cribbins, City Clerk Ron Everett, Mayor
Approved as to form:
By:
City Attorney
Norris-Repke
CONSULTANT
By:
Its:
&t--:'vf0i 1131 T A.
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
OFFICIAL NOTICE
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE CHINO
HILLS PARKWAY AND CHINO AVENUE REHABILITATION PROJECT
NO. 24308 * TIP PROJECT ID NO. LAOG042
ADDENDUM NO. 1
The following changes to the Request for Proposals (RFP) for the above project shall be
incorporated as part of this project.
The Proposer shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach
it to the Proposal.
901 -David G. L , P.E. Date
City Engineer
Proposer's Authorized Signature
1/2
CITY OF DIAMOND BAR
ADDENDUM NO. 1
The Proposer shall incorporate the following items into the RFP for the project.
III. PROFESSIONAL ENGINEERING SERVICES
7) Survey of the roadway will be the responsibility of the designer.
The survey shall be certified by a surveyor or engineer. The survey shall:
A. Locate sufficient topography and take sufficient cross sections to adequately show the
condition of the project site prior to construction. Reduce the data to a form showing
centerline station, offset from centerline, and elevation.
B. Provide in the cross section notes the beginning, intermediate, and final bench marks
used, complete with reference, description, datum name and year, and closing error. Use
a minimum of two (2) bench marks.
C. Sign, date and submit all original survey notes to the City within fifteen (15) working
days after the completion of the survey.
8) Pavement Investigation and Pavement Recommendations shall be provided in a report
format. The report shall provide a brief description of the pavement surface and subsurface
conditions, results of laboratory tests (asphalt cores) and pavement rehabilitation analysis and
recommendations.
2/2
City of Diamond Bar
21825 Copley Drive • Diamond Bar, CA 91765-4178
(909) 839-7000 9 Fax (909) 861-3117
www.CityofDiamondBar.com
May 12, 2008
To Civil Engineering Firms:
SUBJECT: Request for Proposals to Provide Professional Engineering
Design Services for the Chino Hills Parkway and Chino Avenue
Rehabilitation City Project No. 24308 • TIP Project ID No.
LAOG042 a Federally Funded Project (Design and
Construction)
1. INTRODUCTION
The City of Diamond Bar Public Works Department is soliciting proposals to
conduct professional engineering design services for the Chino Hills Parkway and
Chino Avenue Rehabilitation Project within the City limits:
Chino Hills Parkway is a four -lane major arterial (Federal Functional
classification codes -14 Other Principal Arterial and 16 Minor Arterial)
beginning at the City Limit with the City of Pomona to the north and ending at
Jack Tanaka
the City Limit with the City of Chino Hills to the South. Chino Avenue is a
Mayor
four -lane secondary arterial (Federal Functional Classification Code -16 Minor
Arterial) beginning at Chino Hills Parkway and ending at the City Limit with
Ron Everett
Mayor Pro Tem
the City of Chino Hills, approximately 300 feet from the intersection of Chino
Hills Parkway. No major rehabilitation work has been performed on either
Wen P. Chang
street since 1989. Impacts to existing drainage facilities and utilities are to
Council Member
be at a minimum. Sidewalks will not be installed as part of this project
though some ADA compliance may be required after a field review with
Carol Herrera
Caltrans Local Assistance is conducted. It is envisioned that only asphalt
Council Member
pavement, curb and gutter are to be rehabilitated. The scope of services for
this project includes the preparation of plans, specifications and estimates of
Steve Tye
an improvement design for the full width of Chino Hills Parkway and Chino
Council Member
Avenue. Asphalt Rubber Aggregate Membrane (ARAM) systems will also be
required to be considered as a potential treatment for this project.
II. PROJECT TIMELINES
The project will be funded by Surface Transportation Program Local (STPL)
Funds. All plans, specifications and cost estimates shall be completed in
accordance with Caltrans, Local Assistance Procedures Manual (LAPM) Chapter
11 -Design Standards and Chapter 12 -Plans, Specifications & Estimates. The
plans and specifications shall be completed within three (3) months after the
issuance of a notice to proceed in order to meet Caltrans' timeline for obligation of
federal funds. Construction must commence no later than March 2009.
Consultants shall be able to commence design within 2 weeks of receiving the
notice to proceed.
Recycled paper
Request for Proposals — Engineering Design
Chino Hills Parkway & Chino Avenue
Page 2
III. PROFESSIONAL ENGINEERING SERVICES
The proposal shall identify each task to be included as part of the project. At a
minimum these tasks shall include:
1) Meet with the City staff prior to the beginning of work to discuss
background, scope, objectives, and any other pertinent details of the
project. Consultant shall also attend periodic meetings with City staff at
various stages of the project as needed.
2) Collect and review all existing information pertaining to this project,
including the available improvement and utility plans.
3) Perform a complete field review. Collect and review all existing field
conditions and information pertaining to the proposed project. Obtain all
available improvement and utility plans form the appropriate agencies.
4) Conduct a utility search for all utilities within the project limits. Review the
location of the existing utilities, surface and subsurface structures and
proposed improvements. If the proposed improvements interfere with
existing utilities, the consultant shall arrange to have potholes taken by the
utility company. The consultant shall secure the necessary permits from all
utility companies and applicable agencies for the design and construction
of the project.
5) The Consultant shall prepare plans, specifications, and cost estimate for
the project as noted under the Introduction. The improvement plans shall
be prepared in 20" scale and submitted in 24" x 36" sheet format and in
Adobe Acrobat Format. Specifications shall be submitted on 8 %2" x 11"
sheets in Microsoft Word Format. An electronic file will also be required to
be submitted to the City. The Consultant shall prepare in Microsoft Excel
format and submit the construction cost estimate on 8 '/2' x 11" sheets.
The cost estimate shall be prepared in a tabular form for each construction
item showing quantity, unit, unit price, and total cost. All estimate back-up
calculations by plan sheet shall also be submitted.
Final plans and bid specifications shall be signed, stamped, and certified by
a Civil Engineer registered in the State of California. The consultant shall
prepare the plans and specifications in accordance with Caltrans LAPM
Chapter 12-A (attached) including all federally required exhibits before
submitting to the City's program management consultant for review.
6) Provide assistance during the bidding period. The selected consultant shall
provide technical assistance to the City staff. Should any questions arise
during the bidding period, the consultant shall provide clarification. If any
changes to the plans and specifications are required during the bidding
period, the consultants shall make the necessary changes in a timely
manner so that City staff can issue an addendum.
IV. CITY SUPPORT
A. Existing street and utility plans in the City's possession.
Request for Proposals — Engineering Design
Chino Hills Parkway & Chino Avenue
Page 3
B. Reproduction of final construction plans and specifications for
advertising.
C. Program Management/Local Assistance Consulting Services to
obligate design. The City's program management consultant will
process the required environmental documents through Caltrans
to obtain environment approval before the final design can be
started.
D. The City's program management consultant will prepare the
Request for Authorization (RFA package including right-of-way
verification to obtain Caltrans Federal Highway Administration's
approval of federal funds to advertise the project.
V. PROPOSED FORMAT AND CONTENT
A. Project Team
An organization chart indicating principals and key project team
members together with an indication of their involvement in
federally funded projects. Also provide resumes of the key
personnel involved with this project including personnel from sub -
consultants.
B. Firm's Experience
List a maximum of six projects with at least two projects that were
federally funded of similar scope which your firm has designed for
other public agencies in the greater Los Angeles area. Also
include the firm's experience (if any) in designing ARAM projects
for other public agencies. Provide the following information:
location, owner, construction cost, year the design was
completed, year the construction was completed, your project
manager's and engineer's name.
If any portion of the project is sub -contracted, provide similar
information for a maximum of three projects.
C. Project Understanding
Describe the approach and methods that will be used to meet the
project requirements. Also, identify any potential concerns or
problems that your firm anticipates during the term of this project.
D. Project Scheduling
Provide a schedule identifying milestones for the major tasks in
the design of the project, beginning with the Notice to Proceed.
E. Resource Requirements
Provide a man hour and fee estimate by item identified in Section
III. Also provide a total "Not to Exceed" design fee for the project.
Please state all assumptions upon which the estimates are
based.
Request for Proposals — Engineering Design
Chino Hills Parkway & Chino Avenue
Page 4
F. Fee Schedule
Provide the hourly rates of all personnel assigned to the project.
These rates will be used to negotiate any additional work the City
may request.
G. Agreement
Attachment B is a copy of the City's professional services
agreement for federally funded projects. A statement MUST be
made in the proposal that all terms and conditions are acceptable.
The City has implemented a wholly Race Neutral DBE Program.
This Agreement is subject to 49 CFR, Part 26 entitled
"Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs."
Consultants who obtain DBE participation on this contract will
assist Caltrans in meeting its federally mandated statewide overall
DBE goal.
DBEs and other small businesses are strongly encouraged to
participate in the performance of Agreements financed in whole or
in part with federal funds (See 49 CFR 26, "Participation by
Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs"). The Consultant
should endure that DBEs and other small businesses have the
opportunity to participate in the performance of the work that is
subject of this solicitation and should take all necessary and
reasonable steps for this assurance. The Consultant shall not
discriminate on the basis of race, color, national origin, or sex in
the award and performance of subcontracts.
H. Insurance
Proof of insurance requirements addressed in the professional
services agreement of this Request for Proposal shall be
submitted by the selected Consultant upon execution of the
contract for submittal to the City Council.
The selected Consultant must submit a "Statement Certifying
Insurance Coverage" certifying that the required insurance
coverage will be obtained by the Consultant, and that the
Consultant understands said coverage is prerequisite for entering
into an agreement with the City. The Consultant is required to
confirm with its insurance carrier that it can meet all the
requirements for insurance. Failure to meet the insurance
regulations as set forth shall result in the Consultant's
disqualification.
References
List of at least three (3) references with one (1) for a federally
funded project for similar projects must be provided. Include
contact person, address, and telephone number.
Request for Proposals — Engineering Design
Chino Hills Parkway & Chino Avenue
Page 5
VI. SUBMITTAL OF PROPOSALS
Five (5) copies of the proposal shall be presented in a sealed envelope bearing
the name, address and telephone number of the individual or entity submitting
the proposal and shall be addressed to:
Ms. Kimberly Molina, P.E.
Associate Engineer
City of Diamond Bar
Department of Public Works
21825 Copley Drive
Diamond Bar, CA 91765-4177
The envelope shall be clearly marked with the notation "DO NOT OPEN —
PROPOSAL." The proposal shall be delivered to the addressee on or before
3:00 P.M. on Wednesday, June 4, 2008.
VII. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reduce or revise elements of the scope of work prior
to the award of any contract. Furthermore, the City reserves the right to reject any
or all proposals submitted; and no representation is made hereby that any contract
will be awarded pursuant to this Request for Proposal, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of additional
information and/or in any other aspect of a proposal prior to the award of a written
contract will be borne by the proposer.
The City shall only provide the staff assistance and documentation specifically
referred to herein and shall not be responsible for any other cost of obligation of
any kind which may be incurred by the proposing firm. All proposals submitted to
the City in response to this RFP shall become property of the City.
VIII. QUESTIONS
If you have an intention to submit a fee proposal and/or have any questions
regarding the project, please call Ms. Kimberly Molina, Associate Engineer, at
(909) 839-7044.
Sin a y,
D id G. Liu, P.E.
Director of Public Works
Attachments:
Exhibit A -Project Location Map
Exhibit B -Consulting Services Agreement
Exhibit C -Caltrans LAPM Chapter 10, Form 101
Exhibit D -City's current DBE Participation
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of
the City of Diamond Bar, a municipal corporation ("City") and
("Consultant").
RECITALS
E:x P i i"61 T &
by and between
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A', the City's Request for
Proposals dated
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
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to be performed
Proposal, dated _
Scope of Services
by Consultant are
The nature and scope of the specific services
as described in Exhibit "B" the Consultant's
to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Agreement shall take effect
and shall continue unless earlier terminated pursuant to the
provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
Consultant performs to the satisfaction of City in such amounts as are set forth in
Exhibit "B". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Consultant pursuant to this Agreement shall not
exceed dollars ($ ) absent a
written amendment to this Agreement.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
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5. Addresses.
City: City Manager Consultant:
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will defend and hold and
save them and each of them harmless from, and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that may be asserted or claimed
by any person, firm, entity, corporation, political subdivision or other organization arising
out of the negligent or wrongful acts, errors or omissions of Consultant, its agents,
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employees, subcontractors, or invitees, including each person or entity responsible for
the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $2,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy (ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
admitted to do business in the State of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VI I.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that five (5) days prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
The City acknowledges the Consultant's design documents, including electronic
files, as instruments of professional service. Nevertheless, the final work documents
prepared under this Agreement shall become the property of the City upon completion
of the services and payment in full of all monies due to the Consultant. The City shall
not reuse or make any modifications to the work documents without the prior written
authorization of the Consultant. The City agrees, to the fullest extent permitted by law,
to indemnify and hold harmless the Consultant, its officers, directors, employees and
subconsultants (collectively, Consultant) against any damages, liabilities or costs,
including reasonable attorneys' fees and defense costs, arising from or allegedly arising
from or in any way connected with the unauthorized reuse or modification of the work
documents by the City or any person or entity that acquires or obtains the work
documents from or through the Client without the written authorization of the Consultant.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
C. Consultant warrants that he/she has not employed or retained
any company or person, other than a bona fide employee working for the Consultant; to
solicit or secure this agreement; and that he/she has not paid or agreed to pay any
company or person other than a bona fide employee, any fee, commission, percentage,
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brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award, or formation of this agreement. For breach or violation of this warranty, City
shall have the right to annul this agreement without liability, or at its discretion, to deduct
from the agreement price or consideration, or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gift of contingent fee.
13. Dispute Resolution.
A. Dispute Resolution: Except as may otherwise be set forth expressly
herein, all disputes arising under this Agreement shall be resolved as set forth in this
Section 13.
B. Negotiation and Mediation: The Parties shall attempt in good faith
to resolve any dispute arising out of or relating to this Agreement promptly by
negotiations between the Parties' authorized representatives. The disputing Party shall
give the other Parties written notice of any dispute. Within twenty (20) days after
delivery of such notice, the authorized representatives shall meet at a mutually
acceptable time and place, and thereafter as often as they reasonably deem necessary
to exchange information and to attempt to resolve the dispute. If the matter has not
been resolved within thirty (30) days of the first meeting, any Party may initiate a
mediation of the dispute. The mediation shall be facilitated by a mediator that is
acceptable to all Parties and shall conclude within sixty (60) days of its commencement,
unless the Parties agree to extend the mediation process beyond such deadline. Upon
agreeing on a mediator, the Parties shall enter into a written agreement for the
mediation services with each Party paying a pro rate share of the mediator's fee, if any.
The mediation shall be conducted in accordance with the Commercial Mediation Rules
of the American Arbitration Association; provided, however, that no consequential
damages shall be awarded in any such proceeding and each Party shall bear its own
legal fees and expenses.
C. Confidentiality: All negotiations and any mediation conducted pursuant
to Section 13 shall be confidential and shall be treated as compromise and settlement
negotiations, to which Section 1152 of the California Evidence Code shall apply, which
Section is incorporated in this Agreement by reference.
D. Injunctive Relief: Notwithstanding the foregoing provisions, a Party
may seek a preliminary injunction or other provisional judicial remedy if in its judgment
such action is necessary to avoid irreparable damage or to preserve the status quo.
E. Continuing Obligation: Each Party shall continue to perform its
obligations under this Agreement pending final resolution of any dispute arising out of or
relating to this Agreement.
Failure of Mediation: If, after good faith efforts to mediate a dispute under
the terms of this Agreement as provided in this Section, the parties cannot agree to a
resolution of the dispute, any party may pursue whatever legal remedies may be
available to it at law or in equity, before a court of competent jurisdiction.
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14. Termination. Either party may terminate this Agreement with or without
cause upon thirty (30) days written notice to the other party. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services.
15. Extension of Time. The Consultant may request an extension in writing,
outlining the reasons for the delay and the new expected completion date. All such
requests shall be submitted to the Public Works Director, and if approved, shall require
a written amendment to this Agreement fully executed by both parties.
16. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
17. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of State or DOT—assisted contracts or in the administration of the City's
DBE Program. Such nondiscrimination shall include but not be limited to the following:
employment, upgrading, demotion, transfers, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
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18. Records Retention and Audits.
A. Consultant shall maintain all source documents, books , and records
connected with their performance of this Agreement for a minimum of three (3) years
from the date that City makes final payment to Consultant or until audit resolution is
achieved whichever is later, and all other related, pending matters are closed.
B. Upon request, at any time during normal business hours and as often
as City or any duly authorized representative may deem necessary, Consultant shall
make available for examination all of its records with respect to all matters covered by
this Agreement for purposes of audit, examination, or to make copies or transcripts of
such records, including, but not limited to, contracts, invoices, payrolls, personnel
records, conditions of employment and other records related to all matters covered by
this Agreement. Such records and access to the facilities and premises of the
Consultant shall be made available during the period of performance of this Agreement,
and for three (3) years from the date that City makes final payment to Consultant or until
audit resolution is achieved, whichever is later, and all other related, pending matters
are closed.
19. Cost Principles.
A. Consultant agrees to comply with the following:
(1) the Contract Cost Principles and Procedures, 48 Code of Federal
Regulations, Federal Acquisition Regulations System, Chapter 1, Part
31, et seq. (Office of Management and Budget Circular A-87, "Cost
Principles for State, Local, and Indian Tribal Governments)", shall be
used to determine the allowability of individual project cost items, and
(2) the Federal administrative procedures in accordance with 49 Code of
Federal Regulations, Part 18, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments."
B. Any costs for which Consultant receives payment or credit that is
determined by a subsequent audit or other review by either City, Caltrans or other State
or Federal authorities to be unallowable under, but not limited to, 48 CFR, Chapter 1,
Part 31; or 49 CFR, Part 18, are to be repaid by Consultant within thirty (30) days of
Consultant receiving notice of audit findings. Should Consultant fail to reimburse
moneys due City within thirty (30) days of demand, or within such other period as may
be agreed between both parties hereto, City is authorized to withhold future payments
due Consultant.
20. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By:
Tommye A. Cribbins, City Clerk , Mayor
Approved as to form:
By:
City Attorney
CONSULTANT
By:
Its:
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Jack Tanaka
Mayor
Ron Everett
Mayor Pro Tem
Wen P. Chang
Council Member
Carol Herrera
Council Member
Steve Tye
Council Member
Recycled paper
April 18, 2008
EXHIBIT C
City of Diamond Bar
21825 Copley Drive • Diamond Bar, CA 91765-4178
(909) 839-7000 9 Fax (909) 861-3117
www.CityofDiamondBar.com
NOTICE TO BIDDERS/PROPOSERS
DISADVANTAGED BUSINESS ENTERPRISE INFORMATION
1. TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-
profit small business concern as defined in Title 49, Part 26.5, Code of
Federal Regulations (CFR).
• The term "bidder" also means "proposer" or "offerer."
• The term "Agreement' also means "Contract."
Agency also means the local entity entering into this contract with the
Contractor or Consultant.
• The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate
in the performance of Agreements financed in whole or in part with
federal funds (See 49 CFR 26, "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial
Assistance Programs"). The Contractor should ensure that DBEs and
other small businesses have the opportunity to participate in the
performance of the work that is the subject of this solicitation and should
take all necessary and reasonable steps for this assurance. The
bidder/proposer shall not discriminate on the basis of race, color, nation
origin, or sex in the award and performance of subcontracts.
B. Bidders/Proposers are encouraged to use services offered by financial
institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
A "Local Agency Proposer/Bidder-DBE (Consultant Contracts) -
Information" form will be included in the Agreement documents to be executed by
the successful bidder. The purpose of the form is to collect data required under
49 CFR 26. Even fi no DBE participation will be reported, the successful bidder
must execute and return the form.
Steve Tye
Mayor
lack Tanaka
Mayor Pro Tem
Wen P. Chang
Council Member
Ron Everett
Council Member
Carol Herrera
Council Member
ffiIBIT D
City of Diamond Bar
21825 Copley Drive • Diamond Bar, CA 91765-4178
(909) 839-7000 • Fax (909) 861-3117
www.CityofDiamondBar.com
Exhibit 9-B Local Agency DBE Annual Submittal Form
TO: CALTRANS DISTRICT 07
Kirk Cessna
District Local Assistance Engineer
Office of Local Programs
100 South Main Street 12th Floor
Los Angeles, CA 90012
The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are
presented herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the
State of California, Department of Transportation Disadvantaged Business Enterprise (DBE)
Program Plan.
The City of Diamond Bar hereby submits its AADPL information. We have established an
AADPL of 9% for the Federal Fiscal Year 2007/2008, beginning October 1, 2007 ending
September 1, 2008.
Methodolo�v
"Method 1 was used to determine the City of Diamond Bar's AADPL (see attachment 2)
Disadvantaged Business Enterprise Liaison Officer (DBELO)
Name: David G. Liu
Address: 21825 Copley Drive, Diamond Bar CA 91765
Phone: (909) 839-7040
Fax: (909) 861-3117
E-mail: david.liu@ci.diamond-bar.ca_us
Prompt Pay
Please se ached P ompt Payment of Withheld Funds Subcontractors.
( agnature) Date
David G. Liu, P.E.
Director of Public Works
City of Diamond Bar
(909) 839-7040
(§ignature ' Caltrans' istrict Local Assistance Engineer [DLAE])
Date
Distribution: (1)Original -DLAE
(2) Signed copy by the DLAE— Local Agency DBE Annual Submittal Form (05/01106)
CITY COUNCIL
Agenda # 8.1
Meeting Date: March 3, 2009$
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man4W
TITLE: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AND THE CITY COUNCIL OF THE CITY
OF INDUSTRY SUPPORTING THE STATE ROUTE 57/ STATE ROUTE 60
MIXED FLOW INTERCHANGE IMPROVEMENTS AS IDENTIFIED
IN THE LOS ANGELES COUNTY METRO'S 2008 LONG RANGE
TRANSPORTATION PLAN AND IN THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS' 2008 REGIONAL TRANSPORTATION
PLAN
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
None at this time.
BACKGROUND/DISCUSSION:
On July 25, 1995, the City adopted a comprehensive, long-term General Plan to guide its physical
development. Guided by a six -part Vision Statement, the City has been proactively involved in
regional transportation efforts to solve and/or reduce circulation impacts on the local community.
Specifically, Diamond Bar has made the SR 57/60 Interchange the focus and pivot point for
achieving the City's regional transportation goal. Annually, the City Council Goals and Objectives
continue the direction to pursue the SR 57/60 Interchange "Big Fix" as the City's top traffic
mitigation priority.
By diligently executing our multi-year congestion relief strategy, the SR 57/60. Mixed Flow
Interchange Improvements or the "Big Fix" Project has been identified and programmed in the
Los Angeles County Metro's Multi -County Goods Movement Action Plan and the 2008 Long
Range Transportation Plan, as well as in the Southern California Association of Governments'
2008 Regional Transportation Plan.
The Four Corners Policy Group, in existence since 1990, regularly meets to create policy on a
broad spectrum of transportation issues designed to unify and benefit the region as a whole. As
members of this Policy Group, the Cities of Brea, Diamond Bar, Chino Hills, Industry, Pomona,
and several other area cities understand the implications of our overcrowded and congested
transportation system, as well as the unique challenges we face in securing funding for large
scale transportation projects. In 2006, to unite not only the region's public sector agencies in the
effort, but include both the private and non-profit sectors, the Four Corners Transportation
Coalition was born. Currently, the membership is comprised of twelve (12) public agencies
including Diamond Bar and the City of Industry. To be certain that the region's quality of life and
economic development goals are not going to be undermined by external transportation policy
decisions, the Coalition listed four (4) regionally significant projects which include the design and
construction of the SR 57/60 Interchange Solution. Both Industry and Diamond Bar are dedicated
to securing funds to improve our region's traffic and transportation systems.
Through the joint effort between the City of Industry, City of Diamond Bar, and the Metropolitan
Transportation Authority (Metro), a Feasibility Study was conducted to evaluate alternatives for
the "Big Fix" improvements at the SR 57/60 Interchange. Three (3) concepts have been
developed in this study. They include: A.) "New Connections"; B.) "Symmetric Widening"; and C.)
"Double Deck".
While all three concepts would provide congestion relief and would address most or all of the
operational issues in the interchange/confluence area, the lower costs of Concept A suggest that
this concept could get more focus in the next phase of engineering work. With refinements,
Concept A, which is estimated to cost $650 million (in 2007 dollars), could be integrated with the
Industry initiated Grand Avenue Interchange Improvements (57/60 Confluence Project) with the
following "Big Fix" improvements: 1.) mixed flow freeway connector between the southbound 57
and eastbound 60; 2.) mixed flow freeway connector between the westbound 60 and northbound
57; 3.) the northbound 57 to westbound 60 carpool lane connector; 4.) the eastbound 60 to
northbound 57 carpool lane connector; and 5.) the westbound 60 to Grand Ave bypass
connector.
Currently, the City of Industry is pursuing efforts to program and secure funding for a large
component of Concept A for the ultimate "Big Fix" improvements. This component, considered to
be the first phase of Concept A will result in improvements to the Grand Avenue bridge, the on
and off ramps at Grand Avenue, and a dedicated bypass road from eastbound SR -60 to Grand
Avenue. The second or subsequent phase of this concept could involve installation of missing
freeway connectors at both ends of the interchange.
It is desirable to obtain a joint commitment from the City of Industry and City of Diamond Bar to
support the pursuit of the ultimate improvements to the SR 57/60 interchange. The resolution
acknowledges that both cities will commit to endorsement of the ultimate "Big Fix" alternative
(including efforts on the Project Study Report and the Project Development Support phases) and
to the pursuit of funding for all components of a "Big Fix" improvement at the interchange in the
event that an alternative is constructed in phases. It is anticipated that Industry will adopt an
identical resolution at their City Council meeting on March 12, 2009.
PREPARED BY:
David G. Liu/Rick Yee Date Prepared: February 25, 2009
Attachment: Resolution No. 2009 -XX
2
CITY OF DIAMOND BAR
RESOLUTION NO. 2009
CITY OF INDUSTRY
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AND THE CITY COUNCIL OF THE CITY OF INDUSTRY SUPPORTING THE STATE
ROUTE 57/ STATE ROUTE 60 MIXED FLOW INTERCHANGE IMPROVEMENTS AS
IDENTIFIED IN THE LOS ANGELES COUNTY METRO'S 2008 LONG RANGE
TRANSPORTATION PLAN AND IN THE SOUTHERN CALIFORNIA ASSOCIATION
OF GOVERNMENTS' 2008 REGIONAL TRANSPORTATION PLAN
WHEREAS, as a top traffic and transportation mitigation priority, the City of
Diamond Bar "Diamond Bar" and the City of Industry "Industry" desire the
reconfiguration and reconstruction of the 57/60 freeway interchange/confluence to
relieve traffic congestion, reduce vehicular emissions and improve safety to the
motorists using this transportation corridor and facility;
WHEREAS, in February, 2001 the MTA Board authorized its staff to conduct a
Major Investment Study "MIS" for the State Route 57/60 interchange to identify
reasonable alternatives to improve and provide additional capacity for the interchange;
WHEREAS, in March, 2005, Diamond Bar and Industry contributed $50,000
each towards the $200,000 cost for a Metro feasibility study which was nicknamed the
"Big Fix" study, which is expected to be finalized in March of 2009;
WHEREAS, in July, 1995, Diamond Bar adopted a General Plan to guide its
physical development. A six -part Vision Statement includes Diamond Bar's commitment
to a proactive involvement in regional efforts to solve and/or reduce circulation impacts
on the local community. Annually, Diamond Bar City Council Goals and Objectives
continue the direction to pursue the SR 57/60 Interchange "Big Fix" as the City's top
traffic mitigation priority;
WHEREAS, in 2005, Industry initiated a project for the improvement of the Grand
Avenue freeway ramps at the State Route 60 Freeway Interchange and the widening of
Grand Avenue from Old Brea Canyon Road southerly to Golden Springs Drive.
WHEREAS, both Diamond Bar and Industry are members of the Four Corners
Transportation Coalition and are dedicated to securing funds to improve our region's
traffic and transportation systems. Formed in 2006, the Coalition has listed four (4)
regionally significant projects which include the design and construction of the SR 57/60
Interchange Solution;
WHEREAS, after performing and reviewing the rigorous operational analysis of
the interchange and the freeway operational capacity, Diamond Bar and Industry
concluded that an expanded project entitled the "57/60 Confluence Project" would
improve the Grand Avenue Interchange on State Route 60 by constructing bypass
connectors in the eastbound direction of State Route 60 at the merge and diverge
points with State Route 57 thus reducing the existing weave between the traffic on State
Route 57 with State Route 60 and the On/Off Ramp traffic at Grand Avenue;
WHEREAS, three (3) concepts have been developed in the Metro's "Big Fix"
feasibility study. They include: A.) "New Connections"; B.) "Symmetric Widening"; and
C.) "Double Deck". The 57/60 Confluence Project, estimated to cost $260 million, is
proposed to be partially funded with $35 million of Industry funds as local match for
needed state and federal funding;
WHEREAS, while all three concepts would provide congestion relief and would
address most or all of the operational issues in the interchange/confluence area, the
lower costs of Concept A suggest that this concept could get more focus in the next
phase of engineering work. With refinements, Concept A, which is estimated to cost
$650 million (in 2007 dollars), could be integrated with the 57/60 Confluence Project
with the following "Big Fix" improvements: 1.) mixed flow freeway connector between
the southbound 57 and eastbound 60; 2.) mixed flow freeway connector between the
westbound 60 and northbound 57; 3.) the northbound 57 to westbound 60 carpool lane
connector; 4.) the eastbound 60 to northbound 57 carpool lane connector; and 5.) the
westbound 60 to Grand Ave bypass connector;
WHEREAS, a project study report "PSR" has been prepared and submitted to
Caltrans for the 57/60 Confluence Project with approvals required by Diamond Bar,
Industry and Caltrans prior to the application for any state or federal funding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND
THE CITY COUNCIL OF THE CITY OF INDUSTRY DO HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
1. That the SR 57/SR 60 Mixed Flow Interchange Improvements ("Big
Fix"), as identified and committed in the Los Angeles County Metro's
2008 Long Range Transportation Plan and in the Southern California
Association of Governments' 2008 Regional Transportation Plan, is
the backbone of the region's economic well-being; facilitating the
movements of people and goods to and from activity centers,
including the region's airports and seaports.
2. That the 57/60 Confluence Project is a desirable first phase in
improving the traffic congestion of the freeway interchange and has
the support of both cities.
3. That the remainder improvements for the ultimate "Big Fix"
investments are equally important and have the support of both cities
through the preparation of the required project study report "PSR"
and Project Development Support (PDS) phase of the project.
4. That both cities shall collaborate and seek the necessary funding
through state and federal resources for the 57/60 Confluence Project
and the remainder improvements for the ultimate "Big Fix"
investments in the larger corridor.
PASSED, APPROVED, AND ADOPTED by the City of Diamond Bar City Council this
3rd day of March, 2009.
Ron Everett, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was Passed, Approved and Adopted at a regular meeting of
the City Council of the City of Diamond Bar held on the 3rd day of March, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins City Clerk
City of Diamond Bar
PASSED, APPROVED, AND ADOPTED by the City of Industry City Council this
day of March, 2009.
David Perez, Mayor
I, JODI L. SCRIVENS, City Clerk of the City of Industry, do hereby certify that the
foregoing Resolution was Passed, Approved and Adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the day of March, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Jodi L. Scrivens, City Clerk
City of Industry
Our Vision
Strategic Elements
Transportation Planning
Documents
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This document is a public record subject to disclosure under the Public Records Act.