Loading...
HomeMy WebLinkAbout03/03/2009V1C111LUILU • 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 Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bars web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. 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. 131 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. 1 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, 2 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, L! 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. 5 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. 511 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. 7 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: 9 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 nnnections - concent A New Connectors between SR -60 and SR -57 i _ G ' r- f� x 1diJ;' OJT; ,;� l; � • j' LE4EN�s f ---- FP -T! •11N WxC xEw[ K•:.E'T 1•CM -�- CCIi]MA I�iP' E.CM �.rE'EF.L P��P"'E U•6:; �j CHim HILL "Blue items -part of Grand Avenue Project ' Bypass from WB 60 to Grand Avenue New HOV Connectors between SR -60 and SR -57 ienina - unneAnt u New Connectors between SR -60 and SR -57 Om� in civ LEGEND k X1_BT/ go-go A p*4811411196 FOR,!RELININARY PLANNING ONLY '11/ COUNIMLL.1 vid. 11 TH1,. , FEINIEILEII-LE-EL III- :ILI KSeparate SR -57 and SR -60 Freeway Facility New HOV Connectors between SR -60 and SR -57 oY;T17i1r.-mm •] 1 [KN O New Connectors between SR -60 and SR -57 ILI _;tools o. --- •]n WP O •.EWE W. 1"r 1.[n v-�r P OFvanf.=: -aom•«�L wm,.nc•rt: ae +mc 1"r+t i sl ••Ft/sll•�0 POR PRELIMINARY PLANNING ONLY . 1 Iit�f�h�no 1 vNl021 r 811MIIl� atYd! 111I< [ a FG;IE]MY-LE+EL PUS I.L1. C.�eM i-MDmmm. - Deal Separate and Double Deck SR -57 and SR -60 Freeway Facility New HOV Connectors between SR -60 and SR -57 �98n� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ��C% DATE:�G�`^ `% v ADDRESS: �� `) �L ,�%� %2` %W HONE:C�r— ORGANIZATION: AGENDA#/SUBJECT: expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. 'I7 y+ T _ (1P ` 'fkMIRT�� l�a9 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK 71 DATE: PHONE: tel' I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Sign ture This document is a public record subject to disclosure under the Public Records Act. 'IT S F ,r /,troxr��w"R� ltJBn VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK �1 DATE: �J�L ZAJ,tj' Y)", I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Vv ignature This document is a public record subject to disclosure under the lti blic Records Act. IT flat " i`✓ /.Y/.1NIT)M1.1iF`� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: UJB t t Ci ' �.� r DATE: . ADDRESS: �1f� ��V�r ,.1� PHONE: 2 (3 - ,� ORGANIZATION: Q AGENDA#/SUBJECT: 21 I expect to address the CouCA- ncil on the subject ag nda/subject item. ISP ease have the Council Minutes reflect my name and address as written above. n r , n ignature This document is a public record subject to disclosure under the Public Records CIT pt - _ RMINTV S 198 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 8 le -TV, \I/,-- `e� F DATE: �31k�a/QQ ADDRESS: 7 9 1 1-- W °d d 14Lhe— PHONE: ORGANIZATION: 'V).6 + CA AGENDA#/SUBJECT: -77t;- 3 P) y I : e. C<3 r"`n I expect to address the Council on the subject agenda/subject item, Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK 0 FROM: �� cv r t° �P �--� c 6/�0 DATE: / 4 d ADDRESS: �� �"� /� -t d PHONE: %G 9= -5 - 3�g ORGANIZATION: /ld r AGENDA#/SUBJECT: 3 expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosurender the Public Records Act. y SITS isg VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: �v/� � PHONE: ORGANIZATION: AGENDA#!SUBJECT: `5;f expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. ignature This document is a public record subject to disclosure under the Public Records Act. T III... fI1Riv AAt� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: cqrODATE: ADDRESS: 22— ` L -z r o q /2 PHONE: ORGANIZATION: OX1 AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject it . Please have the Council Minutes reflect my name and address as written above. This document is a public record subject to disclosure under the Public Records Act. n ,"MIR\-CY/ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK Ut,6 /:,Dl DATE: �1 %J. ,(71���rtn� c'✓GrY ��' ��� PHONE 4 54 Gab v," q 0 -J;G4 - 34t I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signat e This document is a public record subject to disclosure under the Public Records Act. CIT I _ lY.'r1NIYIM1T<� Jy$' VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK (`� FROM: V- � �A DATE: �3 3 ADDRESS: o� VaPHONE: ORGANIZATION: C—A AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. *— Signature This document is a public record subject to disclosure under the Public Records Act. f� C•Itrlxn nrtc � VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �r/1 %� l� 1, KA--S*yAT DATE: 03 Q.3 ADDRESS: �+62 C,11;y SLo4i PHONE: ORGANIZATION: AGENDA#/SUBJECT: A/F& 11, I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. �,�..-�ig1�a re This document is a public record subject to disclosure under the Public Records Act. 'IfIRMIM1hTE� iSB VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM. ADDRESS: ORGANIZATION: CITY CLERK DATE. I x. -L' I. AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subjec item. Please have the Council inutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. t l t mill � t98 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: - C DATE: 2� ADDRESS: E: ORGANIZATION: -" '�-�`�r.�t �-L "D`-+.>+'y\C+z-C> AGENDA#/SUBJECT: -i— ��--L oy-v--\ I expect to address the Council on the subject agenda/sub reflect my name and address as written above. This document is a public record subject to Signature osure under the Public Records Act. the Council Minutes I�I11 !rux)v)nn'O , �98g VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: DATE: ), PHONE: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above.----- Signatui- This document is a public record subject to disclosure under the Public Records Act. D OND BARS VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: i e- A 4 ()C ��� DATE: ADDRESS:r-, jp H0NE: I ii, C'22 -7 ORGANIZATION:t n AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. IT ' `'uaroa,n� s 198 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:t "122 0 DATE: -3 A107 ADDRESS: � �-�� 3T PHONE:Cj�/) i) r 4v t 0 10 ORGANIZATION: _ AGENDA#/SUBJECT: � %)I UP"r✓ 1 � 0 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. ITr CVrONI naTei VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: Z Eeaeti-eppiAr-pw-PHONE: [�✓ '� �' �d� ORGANIZATION: F105 �c AGENDA#/SUBJECT: AIR= S 104 i)/ V/-1 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. Ir ..: I I I 198 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK �p FROM: A&M (� 4L DATE: � � 1� 014 ADDRESS: IM L100W SM r6j J �1PHONE:(�'A'd� ORGANIZATION: /,�AGENDA#/SUBJECT: Ikm -*�� ��U�(�'�wn I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. /,� This document is a public record subject to disclosure under the Public Records Act. CIT `v OD VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: —S DATE:��`� ADDRESS: I�� ��'PHONE: _ 41g 14 q ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Q Signature This document is a public record subject to disclosure under the Public Records Act. NIYIM1T VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: DA R",(L g®W 6- DATE: ZOgZS k)"&e_.kJ& 6,eg,�2cq 2D, c, D4A�ar+» 13Aje PHONE: /0 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. dyw CITi" Cc xw nfico� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: di t4PK DATE: 0'3 //o,3 RT 2 616)e-10. eA., m PHONE: °% $" -7 9 ' I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. I ,say VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: i —OAJ 1-1C� ' > DATE: 3-3 / ADDRESS: -;UL. tlie, PHONE: ORGANIZATION: C� AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. tr . C Signature �� This document is a public record subject to disclosure under the Public Records Act. - ` T� I r 98 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: -r'2 A C4 DATE: j -, —4s j ,S ! ADDRESS: D��,.., �,.�( R.4, 04 PHONE: `45— ORGANIZATION: f5—ORGANIZATION: --' AGENDA#/SUBJECT: 9 FL I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. ature This document is a public record subject to disclosure under the public Records Act. �T X989 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 1&c�''�'r DATE: ADDRESS: -0- PHONE: ORGANIZATION: kit AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. C T Cornir na � � 9flq' VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: G l 0'S E'er DATE: -3 ADDRESS: ;7 �lG PHONE:G'% ��C� 7 �,�7 ORGANIZATION: 1 AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/sub c tem. PI e have the Council Minutes reflect my name and address as written above. r/ // / /' / Signature This document is a public record subject to disclosure under the Public Records IT �I11-1�o 'lll r .. �•trxl7n "R�' VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: / _ DATE: 3 1,o 57 ADDRESS: D//, ' HONlk! f (c 5 1 ORGANIZATION:' t AGENDA#/SUBJECT: Al 6 � Ini �N I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. . "-/,4,1 % Signature This document is a public record subject to disclosure under the Public Records Act. LIT `F IfllRi haZe s r98 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �6�i�4C-r DATE: ADDRESS: PHON(ia�o _ y a� ORGANIZATION: 7 r -7-0 ti AGENDA#/SUBJECT: ZV o N4. f -W 6,LM ie 1 Pub 'CFa)t , as c,&,J4✓`�:5 expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. G Signature This document is a public record subject to disclosure under the Public Records Act. IT I I I I i' 11 HER , ;yg VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK ` FROM: J1,111 r>�u DATE: 3/ � ADDRESS: 2 /3 2 3 tum— PHONE: 96 e? `-2'e) ` 6 f ORGANIZATION: �+ t ! � 4 S AGENDA#/SUBJECT: Ar L expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. , 01/1V 64A gnature This document is a public record subject to disclosure under the Public Records Act. ITT u' \ss9� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: [ 1 lr(l C -e 61-1-1 DATE: ADDRESS: I1�Z CSM (,t11373Z� Lq ` PHONE: To �- s('y -% (j y ORGANIZATION: AGENDA#/SUBJECT: ✓��� 5�a� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. f S"igrvt4e This document is a public record subject to disclosure under the Public Records Act. l;lT 4R' I_. t983 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 04 DATE: ADDRESS: 60 7-kv i�i� Y� �`e PHONE: qo-0 �' (qs- ORGANIZATION: fl G�3"i AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject it m. Please have the Council Minutes reflect my name and address as written above. Si ature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK J FROM: � ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: AFL llkgtuw� DATE: ACq �_, PHONE: (–q&q) 9'bo -'7 l2— I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. ignature This document is a public record subject to disclosure under the Public Records Act. !1F I .1' S 98n VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITE' CLERK FROM: �r�%�� r ..JG� - � � DATE: p ADDRESS:�7lT Cr�O PHONE: ORGANIZATION: AGENDA#/SUBJECT:/ C�l��/ J I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Fr . F Signature This document is a public record subject to disclosure under the Public Records Act. IT I i1i �"K.'oxiY n t �9QI VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 6 L.) ADDRESS: V L 4� t� i'`9y PHONE:&S(�7(o` , - � 7ti ORGANIZATION: AGENDA#/SUBJECT: I—co+ ( t 0-7VI I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. U,g—nature This document is a public record subject to disclosure under the Public Records Act. T a C /.PrtlklYlM1AY�i . \�tsa9 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: C. ov DATE: 03 103161 110 U0\(-10(0 (ni 4�6 Dg- PHONE: ORGANIZATION: s rltzr� AGENDA#/SUBJECT: 1)1 l3 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. L T Lf)FI'IPAtr� \�19g VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT CITY CLERK -5-1-AVivk-�-q DATE: 31210 S PHONE: 5Z 0 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. l - This document is a public record subject to disclosure under the Public Records Act. `�LRIM AASY' 198 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK / o v / i ST DATE: G S J'a av�g PHONE: 1 expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signa ure This document is a public record subject to disclosure under the Public Records Act. IT 0 i I.; I I I'' � 198 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT CITY CLERK 2 V6 (1,q,t s2 DATE: f ,-aN E: a'+ I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure un er the Public Records Act. T L T C 4fpAM1R,'Cv� . S t98 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT CITY CLERK ✓�nr1on -S)WGDATE: --T-°� - PHONE: �JD�- g6o-- z& 3 111--k 'S i cJum Svc /f 3 expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. DIA1�I01�D BgRi� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: "Mml ' X • S5 ZA) 4 DATE 3-,3- o') al/31 61 ,ReL)a) PHONE: Y -60-19)J (5) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signa re This document is a public record subject to disclosure under the Public Records Act. IT `�'oeir nary% l�ggi VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA#/SUBJECT: expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. CIT VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK n FROM: 1.-, D S `i�1 �� Q � DATE: Arts Ci C) ADDRESS: (�� Y���/`e_�'� PHONE: ORGANIZATION: C�_ AGENDA#/SUBJECT: Vol V V I expect to address the Council on the subject agend /subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. j jr n \s a VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: fy ADDRESS:�� C' tl A M I�C,%c C ORGANIZATION: AGENDA#/SUBJECT: DATE: PHONE: 9 0 ( 1 y L� expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. Igg� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 3' b ADDRESS: t p ► PHONE: "y cI h ORGANIZATION: AGENDA#/SUBJECT: 3 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. C9 tt e VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK AGENDA#/SUBJECT: U I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Sig tura This document is a public record subject to disclosure under the Public Records Act. dys` CIT fF _ j96 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK r-+ C.v L� DATE: FROM: � ` �: � ADDRESS: '�`'PHONE::_°�"1� ORGANIZATION: AGENDA#/SUBJECT: expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. CIT o / VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 01 ADDRESS: -1L l/L U� / PHONE: a ► 3 3` �� ORGANIZATION:t Dy) LP)M5 ::t&X16 eOVAICII ____ AGENDA#/SUBJECT: PVA �yL 1 I.1 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. (t7) �nnn ae� tyg VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITE Y CL�2K FROM: MA✓ DATE: F/3 Zo 7 ADDRESS: PHONE: ORGANIZATION: Ze,,.,)&,�jt—s'�'i'�.w•- AGENDA#/SUBJECT: C(' i t., W.— I expect to address the Council on the subject agenda/subject item. Plebse have the Council Minutes reflect my name and address as written above. This document is a public record subject to disclosure under the Public Records Act. QTY ;yep VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �� �I" DATE: ADDRESS: �'ZL!✓L PHONE: ORGANIZATION: AGENDA#/S U BJ ECT: I expect to address the Council on the subject agenda/subjectitem. se have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. ITS - U" s LR VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: � f''�_y� Pt t� IODATE: ADDRESS:G S �!�% %�' ONE: ORGANIZATION: AGENDA#/SUBJECT: i expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. , This document is a public record subject to disclosure under the Public Records Act. s� �,rokirmrtr.°� LFr' t �-'f' VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ` ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: PHONE: q0q OLP l " -n®,3 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. S nature This document is a public record subject to disclosure under the Public Records Act.