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04/07/2009
vIaillullu ual City Council Agenda Tuesday, April 7, 2009 Closed Session — 5:00 p.m., Room CC -8 Study Session — 6:00 p.m., Room CC -8 Regular Meeting — 6:30 p.m. The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ron Everett Carol Herrera Mayor Mayor ProTem Wen P. Chang Jack Tanaka Steve Tye Council Member Council Member Council Member City Manager 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 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR CITY COUNCIL AGENDA April 7, 2009 Next Resolution No. 2009-12 Next Ordinance No. 02 (2009) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Initiation of Litigation — One Case. STUDY SESSION: 6:00 p.m., Room CC -8 ► Goals and Objectives — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Ahmad H. Sakr, Ph.D Islamic Education Center Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Mayor Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately capon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. April 7, 2009 PAGE 2 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to D.B. Students and Teacher Coordinators participating in the 2009 Inland Valley Regional Spelling Bee sponsored by the Diamond Bar Friends of the Library. 1.2 Proclaiming the month of April, 2009 as "DMV/Donate Life California Month". 1.3 Proclaiming the month of April, 2009 as "Sexual Assault Awareness Month" and April 22, 2009 as "Denim Day". 1.4 Proclaiming April 12 —18, 2009 as "National Library Week". NEW BUSINESS OF THE MONTH: 1.5 Presentation of Certificate Plaque to East 180 Cuisines of China, 23525 Palomino Dr., as New Business of the Month for April, 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 Traffic and Transportation Commission Meeting — April 9, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Easter Egg Hunt — April 11, 2009 —10:00 a.m., Pantera Park, 738 Pantera Dr., Pancake Breakfast at 8:30 a.m. 5.3 Planning Commission Meeting — April 14, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. April 7, 2009 PAGE 3 5.4 City's 20" Birthday Party — April 18, 2009 — 11:00 a.m., - 5:00 p.m., (Carnival rides until 8:00 p.m.) — Pantera Park, 738 Pantera Dr. 5.5 City Council Meeting — April 21, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of March 17, 2009 - Approve as submitted. (b) Regular Meeting of March 17, 2009 — Approve as submitted. 6.2 Parks and Recreation Commission Minutes: (a) Special Meeting of February 23, 2009 — Receive and File. (b) Regular Meeting of February 26, 2009 — Receive and File. 6.3 Ratification of Check Register — Dated March 12, 2009 through April 1, 2009 totaling $1,724,727.86. Requested by: Finance Department 6.4 Treasurer's Statement - Month of February, 2009. Recommended Action: Approve. Requested by: Finance Department 6.5 Acceptance to $10,016 Donation from the Diamond Bar Community Foundation and Appropriation of $10,016 to the Recreation Services Capital Equipment Budget for FY 2008/09 for Purchase of Four Pitching Machines to be Used in the Batting Cages at Pantera and Peterson Parks. Recommended Action: Accept and Appropriate. Requested by: Community Services Department 6.6 Approval of Budget Adjustment Shifting Funding Sources for Phase II and Phase III of the Sycamore Canyon Park Trails Projects Resulting in $65,062 of Proposition 12 Funds for Phase II and the Same Amount of Park Development Funds for Phase III. Recommended Action: Approve. Requested by: Community Services Department April 7, 2009 PAGE 4 6.7 Approval of Notice of Completion for the 2008/09 Community Development Block Grant Curb Ramp Installation Project in the Vicinity of Neil Armstrong Elementary School. Recommended Action: Approve. Requested by: Public Works Department 6.8 Appropriate $25,000 from the Traffic Improvement Fund and Approve Contract Amendment with Sasaki Transportation Services, Inc. in the Amount of $25,000 for Professional Services Related to the State Route 57/60 Freeway Congestion Relief Strategy. Recommended Action: Appropriate and Approve Contract Amendment. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Consideration of a Settlement Agreement with the City of Industry Regarding the 2008 Revised Industry Business Center Development Project (NFL Stadium Based Development Project). Recommended Action: Approve contingent upon receipt of a Mutual Release from the Industry Urban Development Agency. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session CITY OF DIAMOND BAR MEMORANDUM TO: Honorable Mayor and Members of the City Council From: Ryan McLean, Assistant to the City Manager Date: April 7, 2009 SUBJECT: 2009-2010 Council Goals & Objectives Updates The items below comprise the Council's existing and proposed new Goals & Objectives. Newly proposed items are included in red for the Council's consideration and status updates on each existing item are shown in blue. 1. TRAFFIC MITIGATION • Pursue the 57/60 Freeway Interchange corridor long-term "final fix" and present an annual status report to the Council. Work with federal representatives to ensure the project is on the next Transportation Reauthorization Bill known as "Moving Ahead for Progress in the 21St Century (MAP -21)". Metro presented draft concepts to City Staff in July 2008. After initially presenting 10 preliminary concepts, Metro and the project stakeholders were able to narrow the study to focus on three (3) concepts: Alternative A — Missing Connectors, Alternative B — Parallel Freeways, and Alternative C — Double Deck Freeways that were discussed at the July 2008 meeting. City staff from Diamond Bar and Industry visited key federal representatives in Washington D.C. in March to lobby for funding for Phase 1 of the project. • Participate in the development of SCAG's Regional Goods Movement Plan to ensure the plan is equitable in its distribution of goods movement related traffic. With support from other stakeholders, the City was successful in removing the reference in the Regional Transportation Plan (RTP) to use SR -60 as the designated route for the proposed Dedicated Lanes for Clean Technology Trucks (DLCTT). The SCAG Regional Council approved RTP (dated May 8, 2008) replaced this reference with a broader description of the "East-West Corridors connecting the Ports of LA/LB to and through the Inland Empire". This description will ensure that all options will be considered and that goods movement impacts will be distributed evenly. In addition, the language regarding the 1-710 DLCTT Project was modified to remove the reference to a terminus at SR -60. The modifications specifically indicate this "first phase" project will initially connect to the "intermodal railroad yards in Vernon/Commerce". In SCAG's FY 08-09 Overall Work Program, a budget of $3,832,209 is approved for a three-year study, the SCAG Comprehensive Regional Goods Movement Plan and Implementation Strategy. The stated objective is to enhance performance of goods movement proposals set forth in the 2008 RTP, through application of new technologies. Staff will continue to monitor and participate in the development of this three-year Study. • Develop the Four Corners Transportation Coalition and implement the four priority projects as identified by the Coalition. The City continues to serve as an active founding member of the organization, working with member agencies and Coalition Coordinator Steve PonTell to enhancing the profile of the FCTC and the four priority projects in the region. • Support and participate in the completion of the Lemon Avenue on and off ramp project. The project is now in the design phase. The City is working on the development of landscaping concepts, which upon completion, will be brought to the Council for consideration. • Monitor and evaluate the Neighborhood Traffic Management Plan solutions, the Traffic Signal Interconnect project, and Phase 1 of the DB Traffic Management System. The Neighborhood Traffic Management Program continues to be a positive collaboration between City Hall and residents, with several unique projects completed in neighborhoods across town. The Traffic Signal Interconnect Project and Phase 1 of the Traffic Management System will be live by Summer 2009. 2. FISCAL RESPONSIBILITY/ECONOMIC DEVELOPMENT • Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks, and other facilities. Work on this item is ongoing. • Develop incentive -based Specific Plans to revitalize areas such as K -Mart and Market World. Staff is currently discussing opportunities for redeveloping the Kmart site with the property owner, who is pitching the project as the "Diamond Bar Fashion Center", a retail outlet center with national brand tenants. While the project is an interesting concept, staff will need to closely examine the request in order for the City to contribute financially to the project and to understand the benefits to Diamond Bar and what the City's return on investment is. Staff will consult with a few experts before bringing the issue before Council as a study session item. Staff is currently studying the potential economic impacts that the Lemon Avenue Interchange project will have on the Market World and surrounding commercial properties. Additional study of this issue is needed before proceeding with a Specific Plan that encompasses this area. • Adopt and market a Specific Plan for the future use of the 28 acre parcel at Diamond Bar Blvd. and Brea Canyon Road (Site D). Staff continues to work with TRG Land and the Walnut Valley Unified, School District to produce a detailed specific plan for the site, which will include potential land use, layout, and design features of the development. The first draft of the Specific Plan has been screen checked, and the Draft EIR is being prepared. Identify and implement development opportunities for the former Honda dealership property that will result in the greatest net benefit to the community. 3. COMMUNICATIONS • Encourage public participation and communication and collect scientifically valid data to gauge community interest and opinion of potentially significant projects and programs. The City offered many public forums for enhanced communication and distribution of information, including the first State of the City Open House, additional City information booths at City -sponsored events, and expanded use of the City's website in regard to the NFL Stadium project and Freeway Complex Fires. 4. OTHER ITEMS • Negotiate/evaluate waste hauler proposals and approve new waste hauler franchise agreements and update the City's Solid Waste Ordinance. • Expand the Sphere Of Influence and City boundary to incorporate properties west and southwest of the city (Crestline/ Diamond Canyon property) and evaluate a potential SOI and boundary modification The Crestline Annexation process continues to move forward, with the LA County BOS approving the annexation of the assessment district. The project now moves to LAFCO for review/approval. • Acquire the three parcels from the City of Industry to increase the City's bank of open space properties. The City is currently in escrow to acquire these properties. • Preserve Windmill structure located at the Ralph's Shopping Center via maintenance and/or ownership of structure and/or property. The City has attempted to enter into a historical preservation agreement with the property owner to protect the Windmill for future generations. The property owner and its representative management company rejected multiple attempts to do so. The City is now exploring the option of purchasing the Windmill outright. This matter will return to the Council for discussion at an upcoming meeting. • Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. This project was not funded during in the FY 08-09 budget. • Establish a "quiet zone" on the MetroLink train line at Lemon Avenue near Walnut Elementary School. • Explore opportunities to increase available parking at the library through shared parking agreements. Staff is working with Library officials and the property owner to develop an agreement, with discussions currently ongoing. • Obtain Energy Efficiency Block Grant (EEBG) funding approval to be used for eligible sustainable projects in Diamond Bar 4 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 17, 2009 Agenda No. 6.1(a) STUDY SESSION: M/Everett called the Study Session to order at 6:00 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, Mayor Everett Staff Present: David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; 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; Patrick Gallegos, Management Analyst; Anthony Santos, Management Analyst; Joyce Lee, Sr. Management Analyst; and Tommye Cribbins, City Clerk. ► SOLID WASTE NEGOTIATION CONTRACT NEGOTIATIONS UPDATED — Discussion and Action ACM/Doyle presented Council with a comparison report showing commercial and residential rates of D.B. and surrounding cities. He explained that it was a draft report and snapshot of services provided. A more in-depth report will be presented to the City Council in May by the consultant. Consultant, Laith Ezzet with HF&H, commented on what the comprehensive report will include. C/Chang thanked ACM/Doyle for the report and asked Mr. Ezzet to comment on the recyclable revenue sharing issue. ACM/Doyle advised the Council that the analysis is underway and that the information will be included in the report and at that time Mr. Ezzet will discuss recyclable revenue sharing. Mr. Ezzet went through the process for reaching a final agreement. He stated that staff had prepared a questionnaire that was reviewed by the City Attorney's office and had then been given to the contractors. Comments from the contractors are due back the first week of April. PUBLIC COMMENTS: Dave Perez, with Valley Vista Services said that he was in the process of reviewing the proposed contract and preparing his comments; however, there are many comments and issues regarding the contract that would affect the rates MARCH 17, 2009 PAGE 2 CC STUDY SESSION substantially so he needed to have clarification on some issues before he would be able to provide rates. Both ACM/Doyle and Mr. Ezzet said they would meet with Mr. Perez at the end of the study session to discuss his concerns and questions in order not to delay the May timeframe. ACM/Doyle responding to MPT/Herrera's request to do the same for Waste Management indicated that staff had discussed this with Waste Management as well. ADJOURNMENT: With no further business to discuss, M/Everett adjourned the Study Session at 6:20 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 MARCH 17, 2009 STUDY SESSION: 6:00 p.m., Room CC -8 "'RAFT 00. Solid Waste Contract Negotiations Update — Discussion and Action Public Comments: David Perez with Valley Vista Services. CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. ACM/Doyle reported that during tonight's Study Session the Council received a report regarding waste hauler rates and types of services provided to the public. A more complete analysis of the same information will be provided to the Council in May. PLEDGE OF ALLEGIANCE: Council Member Tanaka led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian 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: David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public Information Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Christian Malpico- Perez, Associate Engineer; Anthony Santos, Management Analyst; Lauren Hildago, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Everett presented a Certificate of Recognition to the Diamond Bar High School Architectural Team for competing in the Rio Hondo College's 33rd Annual Architectural Competition March 4-6, 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: ACM/Doyle wished everyone a Happy St. Patrick's Day. 3. PUBLIC COMMENTS: Robert Velasquez, 24336 Seagreen Dr., asked that MPT/Herrera recuse herself from voting on the NFL Stadium project because of a possible conflict of interest. Mitchell Haimov, 21715 Santaquin Dr., spoke in opposition to the proposed NFL Stadium project. MARCH 17, 2009 PAGE 2 CITY COUNCIL Ron Chapman, 22713 Happy Hollow Rd., opposes the proposed NFL Stadium project. Grace Lim -Hayes, 21323 Cottonwood Ln., asked the Council to do everything possible to protect the best interests of the residents with respect to the proposed NFL Stadium project and asked MPT/Herrera to recuse herself from voting on the project. Jim Hayes, 21323 Cottonwood Ln., said that D.B. should not trust the City of Industry. Dr. Howard Wang, 21619 Parkview Ct., Walnut, urged the City Council to initiate legal action against the City of Industry and its EIR for its NFL Entertainment project. Jackie Bettis, 22724 Sunset Crossing Rd., stated that she had been told that Sunset Crossing Rd. would be opened up for the stadium. Gregory Magdaleno, 20739 Lycoming St., spoke in favor of the proposed NFL Stadium. Victor Magdaleno, 20739 Lycoming said he supported the proposed NFL stadium. Ying Wang, 23101 Cottonwood Ln., spoke in opposition to the proposed NFL Stadium project and encouraged litigation of the EIR. Angela Holloway, 780 Leyland Dr., spoke in support of the proposed NFL Stadium. Sergio Lugo, 123 North Rock River Dr., said he supported the proposed NFL Stadium. Fernando Nunez, 131 North Rock River Dr., spoke in support of the proposed NFL Stadium. Lawrence Reinhold, 1480 Atterbury Dr., Walnut, asked that MPT/Herrera recuse herself from voting on waste haulers for the City and felt the Council should put this matter out to bid and not retain Valley Vista. He also felt the Council should litigate the NFL Stadium Project EIR. Sandy Hunt, 1750 Ano Nuevo Dr., spoke in favor of the NFL stadium project. Bob Hunt, DB resident said he supported the stadium. Tom Ramos, 1028 Jason PI., spoke in support of the proposed NFL Stadium project. MARCH 17, 2009 PAGE 3 CITY COUNCIL Aaron Bird, 2724 Sunbright Dr., felt traffic would not be a problem with respect to the proposed NFL Stadium project. Carol Heins -Gonzales, 1431 Stardust Dr., spoke in opposition of the NFL Stadium project and asked the Council to defend the residents' interests. Marcus Lotto, 23419 Cleghorn Dr., reminded the Council that the NFL Stadium project EIR was incorrectly done and should be redone correctly. Osman Wei, 24106 Lodge Pole Rd., said he was confused because this project is in the City of Industry. He stated that he has been listening to residents of this and other cities threatening the D.B. City Council. He and his family and most of his neighbors support the NFL Stadium. He is sorry that people are trying to turn this public comments portion into a political fight. He has confidence that the City Council will make its decisions to the benefit of the community. He also felt that MPT/Herrera had done a very good job for the City and asked her to keep up the good work. Anthony Tse, 20830 Quail Run Dr. felt the stadium project would negatively impact the quality of life in D.B. Chauncey Snyder, 20722 Lycoming St. said he opposed the stadium project but felt that if the EIR assessment was appropriate he may have supported the stadium. Steve Otting, 228 EI Vado Rd. reiterated his opposition to the proposed NFL Stadium project. Kim Chapman, Happy Hollow Rd. spoke in opposition to the proposed NFL Stadium project and asked MPT/Herrera to recuse herself from voting on this project. George Davidson, 23426 Wagon Trail Rd. felt the stadium was an opportunity for the region to benefit economically. He said he was in support of the concept. Richard Michael, 1340 Wesley Ave. Walnut, felt that all Council Members should avoid the appearance of impropriety. Marie Yang, 19947 E. Hidden Spring, Walnut resident, spoke in opposition to the proposed NFL Stadium project and asked the Council Members to do the right thing. Yu -Ming (Tina) Chang, 2340 S. Presado Dr., requested that the City pursue an accurate EIR so the residents can make an informed choice. Joseph Lo, 21217 Cottonwood Ln., said his family is opposed to the NFL Stadium project because it would cause too much traffic, pollution and noise. MARCH 17, 2009 PAGE 4 CITY COUNCIL Clyde Hennessee, said he was okay with the proposed NFL Stadium. Since he lives close to the YMCA on Sunset Crossing Road he does not want the street opened up to accommodate the stadium. Anna Smith, 23705 Jayhawker Ln., adamantly disagreed with the speaker who said D.B. residents didn't support the stadium. She supports the development and believes it will help the residents and the D.B. economy. Nicole Smith, 23705 Jayhawker Ln., said she supported the stadium. John Long, 530 Charmingdale Rd., spoke in full support of the stadium and that according to individuals who are in charge of this project there is no intention of opening Sunset Crossing Rd. to traffic. Furthermore they plan to financially support D.B. youth groups. Greg McKnight, 23771 Highland Valley Rd., President, D.B. Pop Warner, said his organization is in favor of the proposed NFL Stadium. D.B. youth sport is declining due to increased costs and felt that the sports complex would benefit our youth. Ron Layton, 172 N. Rock River, spoke in favor of the proposed NFL Stadium project. The local restaurant business and related business have declined. He believed the Council could negotiate a beneficial agreement with the City of Industry that would stimulate the economy. David Orona, 422 Foxboro Dr., Walnut, said he worked for Sysco but was recently laid off due to declining restaurant business and believed the stadium would bring additional revenue and improved economics. Raj Walia, 1057 Banner Ridge, said he believed the City should work with the City of Industry to reduce a major negative impact to the quality of life in D.B. If MPT/Herrera has a conflict then she should recuse herself from voting on the stadium project. Eric McCabe, 1007 Banner Ridge Rd., spoke in opposition to the stadium project because he felt it would compromise the quality of living in D.B. Nathan Leal, 819 Barcelona PI., Walnut, supported the NFL Stadium project. Armando Leal, 819 Barcelona PI., Walnut, said he was in favor of the stadium and believed that while there would be challenges, Walnut and D.B. would experience improved revenues as a result. Ed Pechy, 554 Brigante Dr., supported the project and asked that the Council consider what the majority of D.B. residents want and not what Walnut residents want before using taxpayer dollars. MARCH 17, 2009 PAGE 5 CITY COUNCIL Thelma Pechy, 554 Brigante Dr., said she trusts the City Council and MPT/Herrera to do the right thing and not accept threats made against Council Members. Jerome Bostic, a Walnut resident stated that he supports the stadium. Raul Gallindo, 1252 Blenarm, said he strongly supported the stadium project and felt that the surrounding cities will reap financial benefit. Vince Spitari, 363 Grapevine Dr., said he was in total support of the stadium. Roy Wilks, 2702 George Ln., wonders why people are opposed to the stadium. He supports the stadium. Shine Lin, 21236 Fibre Ct., listed several concerns about the stadium being so close to his home and that he was opposed to the project. Robert Hildago, 2506 Reata PI., spoke in support of the stadium project and the business it would bring to the area. Robert Alvarado, 336 Foxboro Dr., Walnut, felt the stadium was a win-win project for the local communities. Marco Robles, 19647 Castlebar, Rowland Heights, felt the stadium project would put an additional traffic burden on a long-term basis and affect the area regardless of the economy. Jody Roberto, 22625 Ironbark, President, Diamond Bar Community Foundation said that Majestic is a great community partner and that she supports the project. Mei Mei Huff said she is a strong supporter of the stadium project and that MPT/Herrera has done a wonderful job on behalf of the City and has many supporters in the community. Rich Craven said he strongly supports the proposed NFL Stadium project and hoped the Council would ultimately support the project after thoughtful mitigation. Michael Lande, 23527 Grand Rim Ct., agreed with the last two speakers. Majestic Realty is a strong supporter of the youth in D.B. and asked that the City negotiate with the City of Industry on behalf of its residents. Bryan Batiste, 23338 Wagon Train Rd., said he lived and worked in a stadium environment and with the cooperation of the city and stadium management issues were addressed. He felt that D.B. could benefit from successful and cooperative negotiations with the City of Industry. MARCH 17, 2009 PAGE 6 CITY COUNCIL Claudia Ladwig, 1658 Bronze Knoll, spoke in support of the NFL Stadium Project and additional shopping and entertainment in the area. She asked for Council support of the project. Adrian and Caesar Rodriguez, 701 Featherwood Dr., said they definitely supported the stadium project. Mandy Ho, 21148 Lycoming St., said she was opposed to the stadium project in this location near D.B. and Walnut. She urged the City Council to file a lawsuit in support of a new and better EIR. Benjamin Praster, Palo Cedro Dr., supported the stadium project. Joe Praster said after much consideration he supports the stadium project and encouraged the Council to consider the long-term benefits. Che Chang, 20226 Falling Spgs. Rd., Walnut, spoke about the air pollution as a result of the traffic traveling to and from the NFL Stadium. Mary Dong, 2838 Crystal Ridge Rd., spoke in opposition to the stadium project. Moses Hernandez, 24183 Willow Creek Rd. strongly supported the stadium project. Ruben Franco, 1208 Vassar Ln. Walnut, spoke in support of the stadium project. Rick Iwanaga, 1772 Maple Hill Rd., spoke against the stadium project in favor of retaining country living. Hina Jadau, 1617 Maple Hill Rd., said he was happy to see a stadium come to the area and felt it would benefit D.B. and its youth if the City can negotiate successfully for the long-term. Wai Lok Yip, 1456 Longview Dr., said he was not opposed to a stadium but did not want it close to D.B. because of increased traffic and the City's small and quiet culture that would be changed as a result of this project. Hisashi Kubota, 21256 Washington St., said he understood there might be a benefit to the City but was concerned about losing his beautiful view and the change in the atmosphere for his children. John Semcken, Majestic Realty, City of Industry, said he appreciated the support from the D.B. residents. The City Council and staff have been negotiating very hard on behalf of the City in seeking substantial mitigation from the City of Industry and Majestic Realty. Some individuals have indicated their names appear on flyers supporting the project when they are not supporters. The only two ways to get names on flyers is to send in a card with all of the individual's MARCH 17, 2009 PAGE 7 CITY COUNCIL names or to go to the website and click on the icon that says "show your support". All of the individuals who have indicated they are not supporters of the project clicked on the "show your support" icon and gave Majestic all of their information. Many people are also concerned that Sunset Crossing Road will become an access to the stadium parking lot even though it is clearly stated in the EIR that the City of Industry cannot connect Sunset Crossing Road to the parking lot. He adamantly reiterated that there will be no access allowed into the parking lot from Sunset Crossing Road. The opponents of the project are stating that there can be only 45 events and that a multiple event counts as one event, a statement that is untrue. The stadium can have 45 events, 30 sell outs and 15 with less than 25,000 which is only one-third of the building's capacity. If an event takes place over two days it will be counted as two events. People are concerned that stadium attendees will be able to cut through community streets to get to the stadium which is also untrue. Attendees will follow main arteries to get to the stadium and will not be allowed onto neighborhood streets. Management will work with City staff, LA County Sheriff and private security to determine what actions will be necessary to keep patrons out of neighborhoods including but not limited to barricading streets to non-residents. Management believes that the project will generate $762 million annually in economic output, $323 million annually in salaries, create 6,735 permanent jobs and over 12,000 construction jobs. This project will mitigate the impacts to the City of D.B. and create a project that will be beneficial to everyone. People were also talking about the hillsides and one of the beautiful benefits is that the project will be built into the hillside from three sides and that there will be sports fields built on the northern side of the parking lots which will be open to all of the Pop Warner, soccer, rugby, baseball and Little League. Roy Wilks, 2702 George Ln., spoke against Item 6.6 if the legal fees are to be spent to fight the stadium project. Rocque Varnal, 465 Golden Prados Dr., thanked MPT/Herrera for her years of support to the City and spoke in support of the proposed NFL Stadium. Darcy Charron, 1256 Diamond Bar Blvd., said she is not against growth but is concerned that too much growth would be harmful and she was opposed to the stadium project. Cindy Sei, Charter Court, Walnut, spoke in opposition to the NFL Stadium project being situated in the proposed location. Ming Lein, 24303 N. View PI., spoke in support of the stadium project. Grace Trugester, High Country Dr., wanted a sound EIR to determine the true impacts of the proposed stadium project. George Ludwig, 1658 Farms Knoll Rd., said he supported the stadium. MARCH 17, 2009 PAGE 8 CITY COUNCIL 4. RESPONSE TO PUBLIC COMMENTS: MPT/Herrera responded to individuals who stated that she had a conflict of interest or a vested interested in these matters. She stated that FPPC rules state that one has a conflict of interest if one has an economic gain or an economic interest. A conflict of interest may apply if she were employed by the stadium, which she is not nor will she be in the future; or, if she has a home that is located in proximity to the proposed stadium where her home might appreciate in value. Her home is about seven miles from the site which is well outside the 500 ft. threshold. She has no vested interest and no economic gain as a result of this proposed project and therefore, in accordance with FPPC rules she has no conflict of interest. She has lived in D.B. for 43 years and has been an elected official representing the people of D.B. for 29 years, serving 16 of those years on the Walnut School Board. She has demonstrated her commitment and dedication to the community and the people of D.B. and she will continue to do so in the future. CA/Jenkins stated that a number of comments were made by speakers to the effect that MPT/Herrera had a conflict of interest and should recuse herself because of campaign contributions. He said he wanted to be very clear that the law is absolutely clear that campaign contributions do not create a conflict of interest. In fact, the Supreme Court has ruled that campaign donors have a constitutional First Amendment right to give campaign contributions to candidates for office without being penalized by those candidates or office holders ultimately being forced to recuse themselves by virtue of those contributions. The contention that was made that these contributions that were made somehow created a conflict or that they would be of interest to the FPPC is actually completely wrong. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — Tuesday, March 24, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Parks and Recreation Commission Meeting — March 26, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 City Council Meeting — Tuesday, April 7, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 26th Annual Easter Egg Hunt and Pancake Breakfast — April 11, 2009 — Easter Egg Hunt at 10:00 a.m., Pantera Park, 738 Pantera Dr., Pancake Breakfast at 8:30 a.m. 5.5 City's 20th Birthday Party — April 18, 2009 — 11:00 a.m. — 5:00 p.m. (Carnival Rides until 8:00 p.m.) — Pantera Park, 738 Pantera Dr. MARCH 17, 2009 PAGE 9 CITY COUNCIL 6. CONSENT CALENDAR: C/Chang moved, MPT/Herrera seconded, to approve the Consent Calendar as presented with the exception of Item 6.7 pulled by C/Tye. 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: 6.1.1 Regular Meeting of March 3, 2009 —Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 13, 2009. 6.2.2 Regular Meeting of January 27, 2009. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of January 22, 2009. 6.4 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of January 8, 2009. 6.5 RATIFIED CHECK REGISTER — dated February 26, 2009 through March 11, 2009 totaling $1,100,508.79. 6.6 APPROPRIATED $125,000 FROM GENERAL FUND RESERVES FOR SPECIAL LEGAL SERVICES PROVIDED BY SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP. 6.8 APPROVED NOTICE OF COMPLETION FOR TRAFFIC SIGNAL MODIFICATIONS AT BREA CANYON ROAD/PATHFINDER ROAD, BREA CANYON ROAD/DIAMOND BAR BOULEVARD, AND GOLDEN SPRINGS DRIVE/LEMON AVENUE. 6.9 APPROVED DESIGN SERVICES CONTRACT AMENDMENT WITH NORRIS-REPKE, INC. FOR THE ARTERIAL ZONE 4 SLURRY SEAL PROJECT IN THE AMOUNT OF $55,460; PLUS A CONTINGENCY AMOUNT OF $7,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER; FOR A TOTAL AUTHORIZATION OF $62,960. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 ADOPTED RESOLUTION NO. 2009-11: APPROVING THE APPLICATION FOR $10,016 OF DIAMOND BAR COMMUNITY FOUNDATION GRANT FUNDS, FOR THE PURCHASE OF FOUR PITCHING MACHINES TO BE USED IN THE BATTING CAGES AT PANTERA AND PETERSON PARKS. MARCH 17, 2009 PAGE 10 CITY COUNCIL C/Tye highlighted the efforts of the Diamond Bar Community Foundation on behalf of the community. C/Tye moved, MPT/Herrera seconded, to approve Consent Calendar Item 6.7. 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 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF CITY'S PARTICIPATION IN THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) JOINT POWERS AUTHORITY. ACM/McLean reported that the objective of LA-RICS is to engineer and implement a communications system that is truly interoperable between the Sheriff's and Fire Departments as well as the 88 cities within LA County. LA-RICS estimates the project will cost from $600 million to upwards of one billion dollars depending on a number of factors. LA-RICS has requested that cities join its Joint Powers Authority and is in the process of developing its board of directors to be made up of 17 seats, 10 of which would be taken by the City and County of Los Angeles and one for the City of Long Beach. As an advocate for public safety and emergency preparedness, D.B. fully supports the implementation of an interoperable communications system. However, CA/Jenkins and CM/DeStefano have serious concerns with the LA-RICS Joint Powers Authority and the City's participation in it: 1) the City's public safety interest in interoperable communication will already be well represented on the LA-RICS Board by the dedicated public safety team of the LA Sheriff's Department which has a permanent seat and deserves operational discretion in matters such as public safety and communications; 2) the anticipated cost of membership in the JPA is completely undefined at this time and given that these costs could eventually be included in the annual public safety contract additional membership costs or fair -share project costs may be redundant; 3) other than having a single vote in choosing an at -large board member it is unclear how the City would play a meaningful role in implementing the program. As such, the City Attorney and City Manager are not convinced that there is a true benefit to the City's participation that would not be better served by having the Sheriff's Department serve as the City's representative on the board. At this time, the City Attorney and City Manager recommend that the City Council refrain from joining the LA- MARCH 17, 2009 PAGE 11 CITY COUNCIL RICS Joint Powers Authority at this time. There was no one present who wished to speak on this item. MPT/Herrera moved, C/Tanaka seconded, to adopt staff's recommendation to refrain from joining the LA-RICS JPA at this time. 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/Tye wished everyone a Happy St. Patrick's Day. He stated that it was great to participate in D.B. Pony Baseball's inaugural opening day and to see so many aspiring athletes on the beautiful fields that volunteers monitor. This weekend he participated as the second pro-nouncer in the Second Annual Inland Valley Regional Spelling Bee sponsored by the Inland Valley Daily Bulletin and Diamond Bar Friends of the Library. The event was held at D.B.H.S. with eight D.B. schools being represented. He congratulated everyone who participated. C/Chang said there were reports that water rates would increase and that the City after speaking with the Walnut Valley Water District learned that there is sufficient water reserves at this time and no significant change on the water bill. However, they have been invited to present a report to the residents. It is very important for residents to continue conserving water. The City is proud of its recreational program, City Birthday Party, Concerts in the Park, Snowfest and other events that provide great family entertainment. He reminded everyone to participate in the Easter Egg Hunt on April 11 at Pantera Park and the 20th Anniversary City Birthday Party at Pantera Park on April 18. He commended the individuals who expressed their thoughts on the proposed NFL Stadium. He stated that the City Council will render a decision that is favorable to the residents and the City. The Council's position as expressed on several occasions by CM/DeStefano is that until the City of Industry favorably responds to the negative impacts to the City, the Council will not support the project. C/Tanaka thanked individuals who spoke on the proposed NFL Stadium project. He attended the D.B. Pony Baseball opening ceremonies; chaperoned the middle school dance; the Miss D.B. Pageant's fundraising car wash; the Pomona-D.B. YMCA fundraising campaign kickoff; a couple of neighborhood watch meetings conducted by Deputy St. Amant; the State of the City event and the Inland Valley Spelling Bee. He invited everyone to the Miss D.B. Pageant on Sunday, March 29 at 2:00 p.m. at the D.B.H.S. Theater. MARCH 17, 2009 PAGE 12 CITY COUNCIL MPT/Herrera thanked the 76 individuals who took time to participate in tonight's meeting to speak on both sides of the NFL stadium issue. She reassured everyone that she was elected by the people of D.B. and will continue to work for the betterment of the people of D.B. first, most and always. She reported that she recently traveled to Washington, D.C. in an attempt to get the 57/60 interchange fix mentioned in the next Federal Highway Funding bill that is currently being put together. She and PWD/Liu and officials from the City of Industry met with officials to talk about the project and visited the offices of Senators Boxer, Feinstein, Congress Woman Napolitano, Congressman Dreier and Congressman Miller, many of whom are on important committees that will be making decisions on which projects will get funding and mentioned in the bill. They were told that projects would be considered to have greater importance if they affect the environment, air quality, public safety and goods movement, all of which this project would. The City's representatives will be forwarding information to these offices approving these considerations. Senator Boxer's staff will be primarily writing the funding bill for next year and she and staff members look forward to working with her staff to remind them of the importance of this project and stress the importance of goods movement. M/Everett congratulated Coach John Jones and his team members. The regional Spelling Bee was outstanding with many outstanding volunteers and supporters. He named the eight D.B. students who participated and winner George Liu who will participate in the Scripps National Spelling Bee. He encouraged everyone to participate in the Neighborhood Watch Program. He thanked residents for their input tonight. He said he was convinced that there were five independent -thinking Council Members who were 100% dedicated to the City of D.B. RECESS: M/Everett recessed the Regular City Council Meeting to Closed Session at 9:48 p.m. 10. CLOSED SESSION: 9:55 p.m. — Room CC -8 ► Government Code Section 54956.9 (c) - Initiation of Litigation — Two Cases ► Government Code Section 54956.9(a) — Pending Litigation — One Case — Ayad, et al v. Diamond Bar: Case No. BC347013 Public Comments on Closed Session Items: Alex Toh, 233 La Bonita Rd. RECONVENE: M/Everett reconvened the Regular City Council Meeting at 12:00 a. m. CA/Jenkins reported that the Council took the following actions: MARCH 17, 2009 PAGE 13 CITY COUNCIL Regarding a Potential lawsuit by Contract Cities Against the County of Los Angeles arising from unauthorized withdrawals from the Liability Trust Fund, the City Council approved execution of a Tolling Agreement to extend the applicable statute of limitations for one year, until March 2010 in order to allow the parties to continue negotiating a possible settlement. Regarding the proposed NFL Stadium in the City of Industry, the City continues to work with all parties to identify and mitigate all the impacts of the proposed NFL Stadium Development Project proposed by the City of Industry and Majestic Realty. While there has been progress in recent weeks, the process of addressing all of the City's concerns and ensuring the appropriate, and legally enforceable mitigation measures are in place has not concluded. So to protect the interests of the City and its residents, the City Council has authorized the City Attorney and the City's Special Counsel to obtain an agreement extending the applicable statute of limitations so as to preserve our right to file suit and to authorize the City Manager or the Asst. City Manager to execute same, and if the City is unable to negotiate such an agreement, to initiate litigation against the City of Industry and Majestic Realty. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 12:03 a.m., March 18, 2009. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 12009. RON EVERETT, MAYOR Agenda No. 6.2(a) CITY OF DIAMOND BAR MINUTES OF THE SPECIAL PARKS & RECREATION COMMISSION MEETING City Hall, Conference Room B 21825 Copley Drive Diamond Bar, CA 91765 FEBRUARY 23. 2009 CALL TO ORDER: 4:00 PM ROLL CALL: Present: Chairman Ruth Low, Vice Chairman Lew Herndon, Commissioner Benny Liang, Commissioner Dave Grundy (4:15PM-5:20PM), Commissioner Ted Owens (4:05PM) Consultants: Ron Hagan, Jeff Scott, Matlock and Associates City Staff Present: Dave Doyle, Assistant City Manger; Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Supervisor; Claude Bradley, Parks and Maintenance Supervisor; Alison Meyers, Community Services Coordinator; Andee Tarazon, Community Services Coordinator; April Batson, Community Services Coordinator; Mickey McKitrick, Recreation Specialist and Lorry Meyer, Recreation Specialist. MATTERS FROM THE AUDIENCE: None. 1. Presentation: Status of Up -dating the Parks Master Plan by Consultant Team. Recess: 5:20pm Re -Convene: 5:30pm 2. Discussion: Demand & Needs Analysis 2.1 Next Step: Study Session with City Council — Tentative Date, April 21, 2009 3. OLD BUSINESS: None 4. NEW BUSINESS: Next meeting : Tentative Date, May 26, 2009 (last Tuesday in May) 5. ANNOUNCEMENTS: None ADJOURNMENT: VC/Herndon moved, C/Owens seconded, to adjourn the meeting. Vote: 4-0. With no further business before the Parks & Recreation Commission, the meeting adjourned at 7:00 p.m. Respectfully Submitted, BOB ROSE, SECRETARY Attest: CHAIRMAN, RUTH LOW Agenda No. 6.2(b) CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive Diamond Bar, CA 91765 FEBRUARY 26, 2009 CALL TO ORDER: Chairman Low called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Herndon led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Commissioner Benny Liang, Ted Owens, Vice Chairman Lew Herndon, Chairman Ruth Low. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent and Alison Meyers, Community Services Coordinator. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As listed in the agenda and reported by CSD/Rose. 1. 2. CONSENT CALENDAR 1.1 Approval of Minutes for the January 22, 2009 Regular Meeting. VC/Herndon moved, C/Grundy seconded to approve the consent calendar as submitted. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS INFORMATIONAL ITEMS Grundy, Owens, VC/Herndon, Chair/Low None Liang 2.1 RECREATION PROGRAM REPORT — RS/Murphey RS/Murphey responded to C/Owens that adult basketball is held on Sunday evenings and individuals joining the adult excursions park at City Hall. Chair/Low asked who was on the City's Birthday Party committee. FEBRUARY 26, 2009 PAGE 2 P&R COMMISSION RS/Murphey and CSD/Rose responded. Chair/Low wanted to know who selected the outstanding volunteers and CSD/Rose responded that a subcommittee of the birthday party committee makes the selections. Chair/Low asked if the figures for the Snow Fest reflected that the City paid the difference between expenditures and revenues to which CSD/Rose responded affirmatively. C/Grundy asked why the City did not show the difference paid by the City and RS/Murphey said she could include the figure. C/Grundy said he felt it would be useful and it would be helpful to know whether the City was able to make money on an event or if it is subsidizing an event. CSD/Rose stated that the City does not make money off of any City sponsored events because overhead costs, utilities, etc. are not included. The City recently conducted a study to determine its actual costs. Only direct costs are included in the report to the Commission. C/Grundy suggested showing net inflow/net outgo and the difference. 2.2 PARKS REPORT — PMS/Jordan C/Owens asked if the lower restrooms at Lorbeer Middle School were part of the building. PMS/Jordan responded that they were portable buildings and they are part of the joint use agreement. VC/Herndon asked if the City was seeing more graffiti and PMS/Jordan responded that the worst has been down in Sycamore Canyon where the creek enters the park at the storm drain. The other graffiti has been fairly minor. VC/Herndon reiterated a conversation he and PMS/Jordan had about a week ago about the batting cages not being useful to the Little League players. CSD/Rose said he spoke with John Long, President of Pony League, who said that a screen could be installed in front of the pitching machine to protect the pitcher or coach from batted balls. VC/Owens said his concern was that as many groups as possible be able to use the facility. PMS/Jordan responded to Chair/Low that all park restrooms are equipped with electric hand dryers except Sycamore Canyon Park. 2.3 CIP PROGRAM AND SPECIAL PROJECTS REPORT— CSD/Rose a. Emergency Generator Project at Diamond Bar Center - has been installed and should be operational about mid-March. b. Washington Street Mini Park (Comer of Washington Street and Lincoln Avenue) — RFP to be released by tomorrow. C. Sycamore Canyon Park Trail Phase III — in plan check d. Sycamore Canyon Park Trail Phase IV — in the first round of plan check. Chair/Low asked if art could be included in the Washington Street Mini Park design. FEBRUARY 26, 2009 PAGE 3 P&R COMMISSION CSD/Rose responded to C/Owens that the plans and costs would be revealed to the Commission when available and after the public input process that would include the contiguous park neighbors. 2.4 PARKS MASTER PLAN UPDATE CSD/Rose reported that the committee held a very successful working meeting on Monday evening. The next meeting is tentatively scheduled for the Tuesday after Memorial Day. The consultant is responding to the input gathered during Monday night's meeting and will prepare for their presentation to the City Council during the April 28 Study Session. In addition, staff will meet with the City Council subcommittee on March 2 to consider various funding mechanisms for portions of the Parks Master Plan. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: CSD/Rose reported that RS/Murphey found a vendor that provides biodegradable doggie waste bags that cost about 9 cents each. Currently, the City is paying about 6 cents a bag. The company also makes biodegradable 50 gallon bags so the City will keep the information for future consideration. C/Liang thanked PMS/Jordan for helping a resident because she is happy and left him a very nice voice message. C/Owens reported that he attended the underpass dedication and luncheon last Friday. CSD/Rose responded to C/Owens that apparently the Little League program has changed its charter to a Pony baseball program because they believed they were losing participants to Chino Hills and Walnut. Pony baseball more closely resembles real baseball than does Little League. VC/Herndon asked if Majestic Realty had always been a contributor to the Diamond Bar Community Foundation. CSO/Meyers responded that Majestic usually contributes $5,000 and upped it to $10,000 because of the fire. The average contribution to any entity in the City is about $5,000. C/Owens said that during his daily walk he observed notices pinned to different light posts encouraging residents to attend the March 3 City Council meeting. He wondered if that was a special meeting on the NFL Stadium. CSD/Rose responded no but noted that today the City of Industry held its City Council meeting during which they may have approved the EIR for the NFL Stadium project. There is a 30 -day response period for objections to the project. He was not aware that D.B. had anything on its agenda for March 3. CSD/Rose said that residents had attended recent City Council meetings to make public comments about the NFL Stadium. Chair/Low thanked CSD/Rose and staff for a very productive Parks Master Plan subcommittee meeting. Everyone was very engaged in the process and a lot of FEBRUARY 26, 2009 PAGE 4 P&R COMMISSION good ideas were expressed. ADJOURNMENT: VC/Herndon moved, C/Owens seconded, to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Low adjourned the meeting at 7:45 p.m. Respectfully Submitted, BOB ROSE, SECRETARY Attest: CHAIRMAN RUTH LOW CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.3 Meeting Date: April 7, 2009 AGENDA REPORT FROM: James DeStefano, City Man'y g TITLE: Ratification of Check Register dated March 12, 2009 through April 1, 2009 totaling $1,724,727.86. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,724,727.86 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 March 12, 2009 through April 1, 2009 for $1,724,727.86 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finan Director Assistant City Manager Attachments: Affidavit and Check Register— 03/12/09 through 04/01109. 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 March 12, 2009 through April 1, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,480,296.18 Community Organization Support Fd $1,500.00 Prop A - Transit Fund 27,341.95 Prop C - Transit Fund 1,791.65 Int. Waste Mgt Fund 7,183.68 Traffic Improvement Fd 58,225.31 Park & Facility Development Fd 26,725.00 CDBG Fund 16,185.00 CA Law Enf Equipment Fund 498.63 LLAD 38 Fund 4,277.51 LLAD 39 Fund 1,631.65 LLAD 41 Fund 1,286.37 Capital Improvement Project Fund 97,784.93 $1,724,727.86 Signed: Linda G. Ma son Finance Director City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/19/2009 09 -PP 06 PAYROLL TRANSFER P/R TRANSFER-09/PP 06 125 10200 1,347.50 $158,953.69 3/19/2009 84189 PAYROLL TRANSFER P/R TRANSFER-09/PP 06 001 10200 149,277.08 $782.28 3/19/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 06 112 10200 4,668.88 3/19/2009 84193 PAYROLL TRANSFER P/R TRANSFER-09/PP 06 115 10200 3,660.23 $57.19 3/12/2009 84187 CONSULTING INC PROMO SUPPLIES -RECYCLED 1155516 1 41400 522.20 $1,093.09 3/1212009 1 JADAPT ADAPT CONSULTING INC PROMO SUPPLIES -RECYCLED 1155516 1 41400 570.89 3/12/2009 1 84188 JAGI ACADEMY CORP ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 726.001 $726.00 3/12/2009 1 AT & T PH.SVCS-GENERAL 0014090 42125 24.66 3/12/2009 1 84189 JAGRICULTURAL COM WGHTS & MEASURES JCOYOTE CONTROL -JAN 09 0014431 1 45406 1 782.25 $782.28 3/12/2009 1 84190 JAMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES-MOLINA 0015510 1 42315 1 171.25 $0.00 3/12/2009 AMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES-MOLINA 0015510 42315 -171.25 3/12/2009 1 84191 JAMERICOMP GROUP INC SUPPLIES -TONER 1 0014070 1 45000 1 428.671 $428.67 3/12/2009 1 AT & T PH.SVCS-GENERAL 0014090 42125 24.66 3/12/2009 1 84192 JAMERITECH BUSINESS SYSTEMS INC ICOPIER MAINT-FEB 09 1 0014090 1 42100 1 853.811 $853.81 3/12/2009 1 84193 JAMSTAR EXPRESS ICOURIER SVCS -FINANCE 1125553 1 44000 1 57.191 $57.19 3/12/2009 1 84194 JAND 1 OFFICIALS 1OFFICIAL SVCS -FEB 09 0015350 1 45300 1 315.001 $315.00 3/12/2009 84195 AT 8, T PH.SVCS-GENERAL 0014090 42125 57.78 $111.33 3/12/2009 1 AT & T PH.SVCS-GENERAL 0014090 42125 24.66 3/1212009 84197 AT & T PH.SVCS-GENERAL 0014090 42125 28.89 $165.60 3/12/2009 1 84196 JAT&T MOBILITY ICELL CHRGS-POOL VEH 0014090 42125 1 21.401 $21.40 3/12/2009 1 IBRUNDIGE GLASS IMAINT-MAPLE HILL PK 0015340 1 42210 49.46 3/12/2009 1 84197 IKATHY BREAUX ICONTRACT CLASS -WINTER 0015350 1 45320 1 165.601 $165.60 3/12/2009 1 84198 BRUNDIGE GLASS REPLACE GLASS-C/CLRK 0014030 46220 221.29 $270.75 3/12/2009 1 IBRUNDIGE GLASS IMAINT-MAPLE HILL PK 0015340 1 42210 49.46 3/12/2009 1 84199 ICA PARKS & REC SOC -DIS Xlil JCPRS MTG-STAFF 1 0015350 1 42325 1 160.001 $160.00 3/12/2009 1 84200 ICALIFORNIA ASSOCIATION OF SR SVCS C IMEMBERSHIP DUES -L MEYER 1 0015350 1 42315 1 25.001 $25.00 Page 1 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 3/12/2009 84203 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -FEB 09 0015220 45201 8,531.39 Total Check Amount Check Date Check Number Vendor Name NGHBRHD IMP SVCS -FES Transaction Description 45213 Fund/ Dept Acct # Amount 84208 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2008-341 001 23010 90.00 $251.08 $150.00 3/12/2009 1 84201 ICENTER ICE SKATING ARENA ICONTRACT CLASS -WINTER 0015350 1 45320 1 150.001 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-341 001 34430 -16.20 $297.00 3/12/2009 1 84202 ICHARTER OAK GYMNASTICS, INC. ICONTRACT CLASS -WINTER 0015350 1 45320 1 297.001 3/12/2009 84203 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -FEB 09 0015220 45201 8,531.39 $13,781.39 3/12/2009 D & J MUNICIPAL SERVICES INC NGHBRHD IMP SVCS -FES 0015230 45213 4,800.00 3/12/2009 84208 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2008-341 001 23010 90.00 $251.08 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-341 001 23010 16.20 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-341 001 34430 -16.20 3/12/2009 D.& J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2008-332 001 23010 90.00 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-332 001 23010 16.20 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-332 001 34430 -16.20 3/12/2009 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2008-333 001 23010 90.00 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-333 001 23010 16.20 3/1212009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-333 001 34430 -16.20 3/12/2009 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2008-342 001 23010 90.00 3/1212009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-342 001 23010 16.20 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2008-342 001 34430 -16.20 3/12/2009 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-274 001 23010 90.00 3/12/2009 D & J MUNICIPAL SERVICES INC ADMIN FEE -FPL 2007-274 001 23010 16.20 3/12/2009 ID & J MUNICIPAL SERVICES INC JADMIN FEE -FPL 2007-274 1 001 1 34430 1 -16.20 3/12/2009 1 84204 ICAROL DENNIS PROF.SVCS-CC MTG 1 0014030 1 44000 1 300.001 $300.00 3/12/2009 84205 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 1 42200 1 11.99 $138.88 3/12/2009 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 1 42200 1 126.89 3/12/2009 84206 DIAMOND BAR MOBIL FUEL-NGHBRHD IMP 0015230 42310 176.18 $581.98 3/12/2009 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 114.50 3/1212009 84208 DIAMOND BAR MOBIL FUEL-NGHBRHD IMP 0015230 42310 120.85 $251.08 3/1212009 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 170.45 3/12/2009 1 84207 JERWIN O CHING EDUCATION -REIMS 1 0015510 42340 420.001 $420.00 3/12/2009 1 84208 1EXCELLANDSCAPE JADDL MAINT-DIST 38 1385538 42210 180.001 $251.08 Page 2 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description [ADDL Fund/ Dept Acct # Amount Total Check Amount 3/12/2009 84208... EXCEL LANDSCAPE MAINT-DIST 38 1385538 42210 1 71.08 $251.08 ... 3/12/2009 84209 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-322 001 23010 16.63 $133.04 3/12/2009 1 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-19 001 23010 16.63 3/12/2009 84211 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-274 001 23010 33.26 $242.52 3/12/2009 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2002-09 001 23010 33.26 3/12/2009 84212 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 33.26 $769.50 3/12/2009 1 84210 1EXTERIOR PRODUCTS INC BANNERS -WINE SOIREE 0114010 1 42355 1 534.001 $534.00 3/12/2009 1 FOOTHILL TRANSIT CITY SUBCITY-MAR 09 1 1125553 45533 4,975.00 3/12/2009 1 84211 IFEDEX 1EXPRESS MAIL -GENERAL 0014090 1 42120 1 242.521 $242.52 3/12/2009 1 84212 JDAVID FERNANDEZ ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 769.501 $769.50 3/12/2009 84213 FOOTHILL TRANSIT FOOTHILL PASSES -MAR 09 1125553 45535 14,910.00 $19,885.00 3/12/2009 1 FOOTHILL TRANSIT CITY SUBCITY-MAR 09 1 1125553 45533 4,975.00 3/12/2009 1 84214 IGLOBAL AFFAIR ENTERTAINMENT ENTERTAINMENT -SR DANCE 1 0015350 1 45300 1 200.001 $200.00 3/12/2009 1 84215 JGOVPARTNER IREQUEST PARTNER -MAR 09 1 0014070 1 44030 1 850.00 $850.00 3/12/2009 84216 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 343.61 $363.61 3/1212009 1 HOME DEPOT CREDIT SERVICES BANK CHARGES -COMM SVCS 0015340 1 42210 1 20.00 3/12/2009 1 84217 IKEVIN HOUSE IT & T COMM -2/12 0015510 1 44100 1 45.00 $45.00 3/12/2009 84218 HP EXPRESS SERVICES COMP MAINT-I.T. 0014070 1 42205 1,278.00 $2,556.00 3/12/2009 lHP EXPRESS SERVICES COMP MAINT-I.T. 1125553 1 42205 1,278.00 3/12/2009 84219 INDUSTRIAL CLERICAL RECRUITERS INC TEMP SVCS-P/WKS WK 1/16 0015510 44000 980.00 $1,577.19 3/12/2009 INDUSTRIAL CLERICAL RECRUITERS INC TEMP SVCS-P/WKS WK 2/19 0015510 1 44000 1 597.19 3/12/2009 1 84220 JINLAND VALLEY DAILY BULLETIN AD -SLURRY SEAL AREA 5 1 0015510 42115 1 148.751 $148.75 3/12/2009 84221 JENKINS & HOGIN, LLP LEGAL SVCS -COMM DEV FEB 0014020 44020 142.40 $11,398.61 3/12/2009 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS FEB 0014020 44020 284.80 3/12/2009 JENKINS & HOGIN, LLP LEGAL SVCS-P/WKS FEB 09 0014020 44020 854.40 Page 3 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/12/2009 3/12/2009 84221... JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP LEGAL SVCS -SOLID WASTE LEGAL SVCS -FEB 09 0014020 0014020 44020 44020 6,319.00 3,798.01 $11,398.61 ... 3/12/2009 1 84222 IJOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -MAR 09 1 0014030 1 44000 1 3,000.00 $3,000.00 3/12/2009 1 84223 K&V BLUEPRINT SERVICE INC. SUPPLIES-I.T. 0014070 41200 149.33 $183.98 3/12/2009 1 1K&V BLUEPRINT SERVICE INC. SUPPLIES-I.T. 0014070 41200 34.65 3/12/2009 1 84224 IKENNETH L DESFORGES TUITION -REIMS 1 0014060 1 42341 1 1,046.01 $1,046.01 3/12/2009 84225 KENS HARDWARE SUPPLIES -RECREATION 0015350 41200 305.28 $766.45 3/12/2009 KENS HARDWARE SUPPLIES -COMM SVCS 0015310 42200 5.40 3/12/2009 84227 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 303.72 $40.00 3/12/2009 KENS HARDWARE SUPPLIES -DBC 0015333 41200 152.05 3/12/2009 1 84226 IKUSTOM SIGNALS INC IBATTERY PACK -SHERIFF DEPT 1 1284411 1 46250 1 498.6-31 $498.63 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-296 001 23010 290.70 3/12/2009 84227 ILA COUNTY DEPT. OF HEALTH SERVICES IBACKFLOW PREY -PARKS 1 0015340 1 42210 1 40.001 $40.00 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG JAN 09 0015210 44250 380.00 3/12/2009 84228 ILA DATA SECURITY JDATA STORAGE SVCS -FEB 09 1 0014070 1 45000 1 620.001 $620.00 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-296 001 23010 1,615.00 3/12/2009 1 84229 ILEWIS ENGRAVING INC. JENGRAVING SVCS -CITY TILE 1 0014090 1 42113 1 29.23 $29.23 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-65 001 23010 42.75 3/12/2009 1 84230 ILIANA PINCHER IT & T COMM -2/12 1 0015510 1 44100 1 45.001 $45.00 3/12/2009 84232 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG JAN 09 0015210 44250 427.50 $15,770.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-296 001 23010 290.70 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG JAN 09 0015210 44250 1,852.50 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG JAN 09 0015210 44250 380.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-318 001 23010 25.65 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-296 001 23010 1,615.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-296 001 34430 -290.70 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-65 001 23010 42.75 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-318 001 23010 142.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-318 001 34430 -25.65 3/12/2009 LILLEY PLANNING GROUP INC JADMIN FEE -FPL 2002-65 001 23010 102.60 Page 4 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/12/2009 84232... LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-65 001 23010 237.50 $15,770.00 ... 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-65 001 34430 -42.75 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 23010 265.05 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-65 001 23010 570.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-65 001 34430 -102.60 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 23010 25.65 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-341 001 23010 1,472.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 34430 -265.05 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 23010 256.50 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-337 001 23010 142.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 34430 -25.65 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 23010 34.20 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-09 001 23010 1,425.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 34430 -256.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 23010 179.55 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-147 001 23010 190.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 34430 -34.20 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 23010 273.60 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-326 001 23010 997.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 34430 -179.55 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 23010 333.45 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-145 001 23010 1,520.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 34430 -273.60 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 145.35 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-274 001 23010 1,852.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 34430 -333.45 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-340 001 23010 17.10 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 807.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -145.35 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 23010 171.00 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-340 001 23010 95.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-340 001 34430 -17.10 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 23010 94.05 3/12/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-333 001 23010 950.00 3/12/2009 LILLEY PLANNING GROUP INC 1ADMIN FEE -FPL 2008-333 1001 34430 -171.00 Page 5 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/12/2009 84232... LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 102.60 $15,770.00 ... 3/12/2009 84237 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-259 001 23010 522.50 $26,725.00 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 34430 -94.05 3/12/2009 84238 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 570.00 $132.50 3/12/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -102.60 3/12/2009 1 84233 IJIMMY LIN IT & T COMM -2/12 1 0015510 1 44100 1 45.001 $45.00 3/12/2009 1 84234 ILOS ANGELES COUNTY PUBLIC WORKS ISUMP PUMP MAINT-JAN 09 1 0015340 1 42210 1 386.721 $386.72 3/12/2009 84235 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -JAN 09 1125553 45402 136.63 $900,000.98 3/12/2009 LOS ANGELES COUNTY SHERIFF'S DEPT. CLICK IT OR TICKET -JAN 09 0014411 45402 753.70 3/12/2009 84237 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -FEB 09 0014411 45401 408,022.23 $26,725.00 3/12/2009 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS-OCT-NOV 0014411 45401 1,145.93 3/12/2009 84238 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -JAN 09 0014411 45402 7,954.50 $132.50 3/12/2009 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY-JUL-JAN 09 0014411 45401 64,720.04 3/12/2009 84239 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -FEB 09 0014411 45401 9,245.72 $45.00 3/12/2009 ILOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -JAN 09 0014411 1 45401 408,022.23 3/12/2009 1 84236 LOWE'S BUSINESS ACCOUNT SUPPLIES -PARKS 1 0015340 1 42210 1 77.451 $77.45 3/12/2009 1 84237 IMATLOCK ASSOCIATES INC PROF.SVCS-PARKS M/PLAN 1 1245310 1 R44300 1 26,725.001 $26,725.00 3/12/2009 1 84238 IMINUTEMAN PRESS R & D BLUEPRINT IPRINT SVCS-P/WORKS 0015510 1 42110 1 132.501 $132.50 3/12/2009 1 84239 IKENNETH MOK IT & T COMM -2/12 0015510 1 44100 1 45.001 $45.00 3/12/2009 1 84240 IMONTEREY MARRIOTT ILEAGUE MTG-D LIU 1 0015510 1 42330 1 594.181 $594.18 3/12/2009 1 84241 IMONTEREY MARRIOTT ILEAGUE MTG-R YEE 0015510 1 42330 1 594.18 $594.18 3/12/2009 1 84242 INATIONAL LEAGUE OF CITIES IMEM13ERSHIP DUES -FY 09110 0014090 1 42315 1 4,467.001 $4,467.00 3/12/2009 1 84243 INUMATECH WEST LLC SUPPLIES -RECYCLING 1155516 1 41200 563.17 $563.17 3/12/2009 1 84244 JOLYMPIC STAFFING SERVICES ITEMP SVCS-C/S WK 3/01 0015310 1 44000 1 635.52 $635.52 Page 6 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/12/2009 84245 ORKIN PEST CONTROL INC GOPHER CONTROL SVCS-B/CYN 1385538 42210 60.64 $333.52 3/12/2009 84249 ORKIN PEST CONTROL INC GOPHER CONTROL SVCS-S/CYN 0015340 42210 63.22 $75.00 3/12/2009 ORKIN PEST CONTROL INC GOPHER CONTROL SVCS -FEB 0015340 42210 85.80 3/12/2009 84250 ORKIN PEST CONTROL INC GOPHER CONTROL SVCS -JAN 1385538 42210 60.64 $299.73 3/12/2009 ORKIN PEST CONTROL INC GOPHER CONTROL SVCS-S/CYN 0015340 42210 63.22 3/12/2009 1 84246 IREINBERGER PRINTWERKS IPRINT SVCS -ENVELOPES 1 0014090 1 42110 1 345.321 $345.32 3/12/2009 84247 REPUBLIC ELECTRIC TRFFC MAINT-G/SPRINGS 0015554 45507 350.00 $2,268.50 3/12/2009 REPUBLIC ELECTRIC TRFFC MAINT-FEB 09 0015554 45507 135.00 3/12/2009 84249 REPUBLIC ELECTRIC TRFFC MAINT-G/SPRINGS 0015554 45507 1,783.50 $75.00 3/12/2009 1 84248 ISCHORR METALS INC SUPPLIES -GENERAL 1 0015350 1 41200 1 619.641 $619.64 3/12/2009 SMART & FINAL SUPPLIES -TINY TOTS 0015350 1 41200 1 8.60 3/12/2009 1 84249 ISCMAF ISCMAF SPORTS SUMMIT 0015350 1 42325 1 75.001 $75.00 3/12/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 35.03 3/12/2009 1 84250 ISECTRAN SECURITY INC. ICOURIER SVCS -MAR 09 0014090 1 44000 1 299.731 $299.73 3/12/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 4,203.51 3/12/2009 1 84251 IMICHAEL SHAY IT & T COMM -2/12 0015510 1 44100 1 45.001 $45.00 3/12/2009 84252 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 94.09 $102.69 3/12/2009 SMART & FINAL SUPPLIES -TINY TOTS 0015350 1 41200 1 8.60 3/12/2009 84253 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 395.08 $9,422.83 3/12/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 523.55 3/12/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 167.43 3/12/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 35.03 3/12/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 305.99 3/12/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 4,203.51 3/12/2009 ISOUTHERN CALIFORNIA EDISON 1ELECT SVCS -PARKS 1 0015340 1 42126 1 3,792.24 3/12/2009 84254 SPARKLETTS EQ RENTAL-C/HALL 0014090 42130 1025 $238.23 3/12/2009 ISPARKLETTS ISUPPLIES-CIHALL 0014090 41200 1 227.98 3/12/2009 1 84255 ITELEPACIFIC COMMUNICATIONS IT1 INTERNET SVCS -MAR 1 0014070 1 44030 1 799.751 $799.75 Page 7 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 3/12/2009 3/12/2009 84256 THE COMDYN GROUP INC THE COMDYN GROUP INC PROF.SVCS-GIS WK 2/27 PROF.SVCS-I.T. WK 2/27 0014070 0014070 44000 44000 1,747.20 2,112.50 $3,859.70 3/12/2009 84257 ITHE ORANGE COUNTY REGISTER ISUBSCRIPTION RENEWAL 0014090 1 42320 1 143.661 $143.66 3/12/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 259.86 3/12/2009 84258 ITRAFFIC CONTROL SERVICE INC SUPPLIES -ROAD MAINT 0015554 1 41250 528.941 $528.94 3/12/2009 VERIZON CALIFORNIA ELECT SVCS -HERITAGE P/PH 0015340 42125 54.61 3/12/2009 84259 TRI -CITIES POOL SERVICE & REPAIR IFOUNTAIN MAINT-DBC FEB 0015333 1 45300 1 160.001 $160.00 3/12/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 1 0014090 1 42125 1 267.51 1 1 3/12/2009 84260 JUCN INC ILONG DIST SVCS -FEB 09 0014090 1 42125 1 52.831 $52.83 3/12/2009 84261 IVALLEY TROPHY SUPPLIES -RECREATION 0015350 1 41200 1 1,765.391 $1,765.39 3/12/2009 84262 VERIZON CALIFORNIA ELECT SVCS -PETERSON PK 0015340 42125 180.84 $856.75 3/12/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 259.86 3/12/2009 84266 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 63.99 $262.50 3/12/2009 VERIZON CALIFORNIA ELECT SVCS -HERITAGE P/PH 0015340 42125 54.61 3/12/2009 84267 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.94 $104.46 3/12/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 1 0014090 1 42125 1 267.51 1 1 3/12/2009 1 84263 IWAXIE SANITARY SUPPLY SUPPLIES -DBC 1 0015333 1 41200 1 1,093.571 $1,093.57 3/12/2009 84264 WELLDYNERX SHARPS PROG-JAN 09 1155515 44000 64.64 $145.44 3/12/2009 JWELLDYNERX SHARPS PROG-JAN 09 1155515 1 44000 80.80 3/12/2009 1 84265 IWORLDWIDE BINGO SUPPLIER SUPPLIES -SR BINGO 1 0015350 1 41200 1 357.731 $357.73 3/12/2009 YOSEMITE WATER WATER SUPPLIES-SYC CYN 0015350 1 41200 8.90 3/12/2009 1 84266 IPAUL WRIGHT A/V SVCS -P/C MTG 0014090 1 44000 262.501 $262.50 3/12/2009 84267 IXAVIERS FLORIST FLORALARRGMNT-P/SAFETY 1 0014090 1 41400 1 104.46 $104.46 3/12/2009 84268 YOSEMITE WATER EQ RENTAL-SYC CYN 0015310 1 42130 22.65 $31.55 3/12/2009 YOSEMITE WATER WATER SUPPLIES-SYC CYN 0015350 1 41200 8.90 3/19/2009 1 84269 IJOSEPH ADLING IFACILITY REFUND-PANTERA 1 001 1 23002 1 50.001 $50.00 3/19/2009 1 84270 JADVANCED ELECTRONICS INC 2 -WAY RADIOS -COMM SVCS 1 0015350 1 41200 1 2,409.341 $2,409.34 Page 8 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 3/19/2009 84274 AND 1 OFFICIALS OFFICIAL SVCS -JAN -MAR 09 0015350 45300 175.00 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/19/2009 1 84271 JALISON D MEYERS REIMB-CPRS CONF 0015350 1 42330 1 60.491 $60.49 45300 756.00 $50.00 3/19/2009 1 84272 JALLIANT INSURANCE SERVICES INC JSPCL EVENT INS -SNOW FEST 1 0015350 1 45300 1 530.251 $530.25 IFACILITY REFUND -HERITAGE 001 1 23002 1 200.001 $200.00 3/19/2009 84273 AMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES MOLINA 0015510 42315 171.25 $171.25 3/19/2009 84274 AND 1 OFFICIALS OFFICIAL SVCS -JAN -MAR 09 0015350 45300 175.00 $1,309.00 3/19/2009 AND 1 OFFICIALS OFFICIAL SVCS -MAR 09 0015350 45300 378.00 3/19/2009 84276 AND 1 OFFICIALS OFFICIAL SVCS -MAR 09 0015350 45300 756.00 $50.00 3/19/2009 1 84275 IDEBBIE AVILA ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 612.00 $612.00 3/19/2009 1 84276 JJULIO AYALA IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.00L $50.00 3/19/2009 1 84277 IJASON BAYNOSA IFACILITY REFUND -HERITAGE 001 1 23002 1 200.001 $200.00 3/19/2009 1 84278 IBENESYST IFLEX ADMIN SVCS -1ST QTR 0014060 1 42346 1 85.001 $85.00 3/19/2009 1 84279 IBENESYST 3/20/09-P/R DEDUCTIONS 1 001 1 21105 1 787.221 $787.22 3/19/2009 1 84280 IJOHN E BISHOP ICONTRACT CLASS -WINTER 0015350 1 45320 1 765.001 $765.00 3/19/2009 84281 IBOBBY L ROSE REIMB-CPRS CONF 0015310 1 42330 1 63.001 $63.00 3/19/2009 1 84282 JHOLLY CARDINAS IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 3/19/2009 1 84283 ICASTLE PARK EXCURSION -DAY CAMP 7/14 1 0015350 1 42410 1 50.001 $50.00 3/19/2009 1 84284 ICENTRAL POWDER COATING SUPPLIES -COMM SVCS 1 0015340 1 41200 1 188.56 $188.56 3/19/2009 84285 LISA CHANG IFACILITY REFUND-REAGAN 1 001 1 23002 1 50.001 $50.00 3/19/2009 1 84286 INANCYANN CLARK CONTRACT CLASS -WINTER 1 0015350 1 45320 1 216.001 $216.00 3/19/2009 1 84287 JCM SCHOOL SUPPLY SUPPLIES -TINY TOTS 1 0015350 1 41200 1 20.611 $20.61 3/19/2009 1 84288 ICOMMUNITY DEVELOPMENT COMMISSION IHIP PROG-20948 LYCOMING 1 125 1 36700 1 10,000.001 $10,000.00 Page 9 City of Diamond Sar - Check Register 03/12/09 thru 04/01/09 3/19/2009 84293 DEPARTMENT OF JUSTICE EMPLOYMENT PHYSICALS-H/R 0014060 42345 32.00 $128.00 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/19/2009 1 84289 JCONEXUS IHOUSING ELEMENT UPDATES 0015210 1 R44220 1 2,470.001 $2,470.00 3/19/2009 1 84290 JDAPEER ROSENBLIT & LITVAK LLP ILEGAL SVCS -FEB 09 0014020 1 44023 1 637.101 $637.10 3/19/2009 1 84291 ILUIS DE LA CRUZ IFACILITY REFUND -PETERSON 1 001 1 23002 1 50.00 $50.00 3/19/2009 1 84292 ICAROL DENNIS PROF.SVCS-P/C MTG 1 0015210 1 44000 1 75.001 $75.00 3/19/2009 84293 DEPARTMENT OF JUSTICE EMPLOYMENT PHYSICALS-H/R 0014060 42345 32.00 $128.00 3/19/2009 1 DEPARTMENT OF JUSTICE EMPLOYMENT PHYSICALS-C/S 0015350 45320 1 96.00 3/19/2009 1 84294 IDEPT OF TRANSPORTATION ITRFFC SIGNAL MAfNT-DEC 08 0015554 1 45507 1,218.421 $1,218.42 3/19/2009 1 84295 DH MAINTENANCE ADDL MAINT-PARKS FEB 0015340 42210 275.00 $400.00 3/1912009 1 1DH MAINTENANCE 1ADDL MAINT-DBC FEB 09 0015333 1 45300 125.00 3/19/2009 1 84296 IDIAMOND BAR FRIENDS OF THE LIBRARY ICOMM ORG SUPPORT FUND 0114010 1 42355 1 867.001 $867.00 3/19/2009 1 84297 IDIAMOND BAR FRIENDS OF THE LIBRARY IFACILITY REFUND -HERITAGE 001 1 23002 1 200.001 $200.00 3/19/2009 1 84298 IDIANA CHO & ASSOCIATES PROF.SVCS-CDBG FEB 09 1 1255215 1 44000 1 1,200.001 $1,200.00 3/19/2009 1 84299 IDIEHL EVANS AND COMPANY LLP PROF.SVCS-AUDITING 1 0014050 1 44010 1 815.00 $815.00 3/19/2009 1 84300 IDISCOVERY SCIENCE CENTER EXCURSION -DAY CAMP 7/14 0015350 1 42410 1 75.001 $75.00 3/19/2009 1 84301 IDLT SOLUTIONS INC ICOMP MAINT-5/09-5/10 0014070 1 42205 1 149.001 $149.00 3/1912009 1 84302 IDOLPHIN RENTS INC JEQ RENTAL -CONCERT SHARE 0015350 1 42130 1 2,286.061 $2,286.06 3/19/2009 1 84303 IDOLPHINE RENTS INC JEQ RENTAL -SNOW FEST 0015350 1 42130 1 1,392.581 $1,392.58 3/19/2009 1 84304 JEDUCATION TO GO ICONTRACT CLASS -WINTER 0015350 1 45320 1 55.001 $55.00 3/19/2009 1 84305 1EXCELLANDSCAPE ILANDSCAPE MAINT-FEB 09 1385538 1 45500 1 490.001 $490.00 3/19/2009 1 84306 1EXTERIOR PRODUCTS INC PATCHES -WINE SOIREE 1 0114010 1 42355 1 99.00 $5,399.00 Page 10 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/19/2009 84306... 1EXTERIOR PRODUCTS INC INSTALL -BANNERS fomwo-1 42353 1 5,300.001 $5,399.00 ... 3/19/2009 1 84307 JFEHR & PEERS ITRFFC ENG SVCS -SR 57160 1165510 1 44000 1 18,768.771 $18,768.77 3/19/2009 ZENA HARVEY FACILITY REFUND-PANTERA 001 23004 83.32 3/19/2009 1 84308 JESPERANZA FLORES ICONTRACT CLASS -WINTER 0015350 1 45320 1 810.001 $810.00 3/19/2009 1 84309 IROMMEL P GARCIA IFACILITY REFUND -DBC 001 1 23002 1 100.001 $100.00 3/19/2009 1 84310 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 3/6 001 1 23005 1 3,000.001 $3,000.00 3/19/2009 1 84311 ISHANNON GRIFFITHS ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 147.001 $147.00 3/19/2009 84312 ZENA HARVEY FACILITY REFUND-PANTERA 001 23002 100.00 $298.32 3/19/2009 ZENA HARVEY FACILITY REFUND-PANTERA 001 23004 83.32 3/19/2009 84314 ZENA HARVEY FACILITY REFUND-PANTERA 001 36625 115.00 $396.00 3/19/2009 1 84313 IHINDERLITER, DE LLAMAS & ASSOCIATES JAUDIT SVCS -SALES TAX 1 0014090 1 44010 1 1,026.141 $1,026.14 3/19/2009 SHAWN KUK FACILITY REFUND-PANTERA 001 23004 39.14 3/19/2009 1 84314 KIDS CAN DO GYMNASTICS ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 396.001 $396.00 3/19/2009 1 84315 jKIDZ LOVE SOCCER ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 1,693.201 $1,693.20 3/19/2009 1 84316 IYOUNG SEUNG KIM ICONTRACT CLASS -WINTER 0015350 1 45320 1 360.001 $360.00 3/19/2009 1 84317 IGABRIELA KLEIN ICONTRACT CLASS -WINTER 0015350 1 45320 1 1,050.001 $1,050.00 3/19/2009 84318 SHAWN KUK FACILITY REFUND-PANTERA 001 23002 50.00 $89.14 3/19/2009 SHAWN KUK FACILITY REFUND-PANTERA 001 23004 39.14 3/19/2009 1 84319 JKWIK COVERS SUPPLIES -COMM SVCS 1 0015350 1 41200 1 1,326.001 $1,326.00 3/19/2009 1 84320 ILA MIRADA SPLASH EXCURSION -DAY CAMP 1 0015350 42410 1 388.501 $388.50 3/19/2009 1 84321 ILAE ASSOCIATES INC PROF.SVC-ENGINEERING FEB 1 0015551 45222 1 4,950.00 $4,950.00 3/19/2009 1 84322 ICECILIA LEE IFACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 Page 11 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 1 Acct # Amount Total Check Amount 3/19/2009 84323 KWANG HO LEE PLNG COMM -3110 0015210 44100 1 65.00 $65.00 3/19/2009 1 84324 ILEXISNEXIS MATTHEW BENDER PUBLICATIONS -GENERAL 1 0014090 1 42320 1 38.681 $38.68 3/19/2009 84326 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-274 001 23010 760.00 $12,730.00 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-340 001 23010 760.00 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-259 001 23010 617.50 3/1912009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-333 001 23010 1,710.0 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 34430 -34.20 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 34430 -17.10 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 23010 17.10 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 34430 -436.05 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 23010 436.05 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 23010 34.20 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 23010 136.80 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 23010 68.40 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 34430 -68.40 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -427.50 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 427.50 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 34430 -136.80 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 23010 307.80 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-340 001 34430 -136.80 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-340 001 23010 136.80 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 23010 111.15 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 34430 -111.15 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-333 001 34430 -307.80 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -34.20 3/19/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 34.20 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 190.00 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG FEB 09 0015210 44250 190.00 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-341 001 23010 95.00 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-337 001 23010 190.00 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 2,375.00 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG FEB 09 0015210 44250 2,327.50 3/19/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG FEB 09 10015210 144250 1712.50 Page 12 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 3/19/2009 3/19/2009 84326... LILLEY PLANNING GROUP INC LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-09 PROF.SVCS-FPL 2005-145 001 001 23010 23010 2,422.50 380.00 $12,730.00 ... 3/19/2009 1 84327 1 DORA LONYAI ICONTRACT CLASS -WINTER 0015350 1 45320 1 583.201 $583.20 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 42125 77.47 3/19/2009 1 84328 IMARTIN & CHAPMAN CO JELECTION SUPPLIES -FORMS 0014030 1 42390 1 145.021 $145.02 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 38.08 3/19/2009 1 84329 IMICHAEL MCKITRICK REIMB-SUPPLIES 0015350 1 41200 1 80.061 $80.06 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 42125 3.67 3/19/2009 84330 IPATRICK MONTOYA ICONTRACT CLASS -WINTER 0015350 1 45320 1 92.401 $92.40 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 240.32 3/19/2009 1 84331 1 NATIONAL COMEDY THEATRE EXCURSION -DAY CAMP 1 0015350 1 42410 1 400.001 $400.00 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 48.10 3/19/2009 1 84332 INATIONAL ENTERTAINMENT TECH INC SUPPLIES -RECREATION 1 0015350 1 41200 1 1,284.491 $1,284.49 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 166.28 3/19/2009 1 84333 ISTEVE G NELSON I PLNG COMM -3/10 0015210 1 44100 1 65.001 $65.00 3/19/2009 1 84334 INEXTEL COMMUNICATIONS ICELL CHRGS-P/W,C/S,C/D 0014090 1 42130 1 602.871 $602.87 3/19/2009 1 84335 1KATHLEEN ERIN NOLAN JPLNG COMM -3/10 0015210 1 44100 1 65.001 $65.00 3/19/2009 1 84336 JOAK TREE LANES INC ICONTRACT CLASS -WINTER 0015350 1 45320 1 9.001 $9.00 3/19/2009 84337 OFFICEMAX INC SUPPLIES -GENERAL 0014090 42125 55.81 $3,867.09 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 42125 77.47 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 42125 88.02 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 38.08 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 42125 564.11 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 42125 3.67 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 37.93 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 240.32 3/19/2009 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 165.78 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 48.10 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 66.37 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 166.28 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 141200 10.18 Page 13 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/19/2009 84337... OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 38.64 $3,867.09... 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 47.44 3/19/2009 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 17.69 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 207.84 3/19/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 73.97 3/19/2009 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 34.64 3/19/2009 OFFICEMAX INC SUPPLIES -HIR 0014060 41200 10.29 3/19/2009 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 25.83 3/19/2009 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 65.99 3/19/2009 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 8.66 3/19/2009 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 66.04 3/19/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 3.72 3/19/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 84.62 3/19/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 384.21 3/19/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 261.23 3/19/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 80.18 3/19/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 9.84 3/19/2009 OFFICEMAX INC SUPPLIES-P/INFO 0014095 41200 843.50 3/19/2009 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 40.07 3/19/2009 1 1OFFICEMAX INC SUPPLIES-PLNG 0015210 1 41200 1 10.57 3/19/2009 1 84338 JOMG NATIONAL 1 0014070 1 42205 1 79.00 $79.00 3/19/2009 84339 PERS HEALTH APR 09 -HEALTH INS PREMS 001 21105 28,151.17 $28,802.12 3/19/2009 PERS HEALTH APR 09 -HEALTH INS PREMS 0014090 40086 505.00 3/19/2009 PERS HEALTH APR 09 -HEALTH INS PREMS 0014060 40093 145.95 3/19/2009 84340 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 $537.16 3/19/2009 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 208.88 3/19/2009 PERS RETIREMENT RETIRE CONTRIB-ER 001 21109 320.28 3/19/2009 84341 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,756.28 $24,425.84 311912009 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 3/19/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,623.99 3/19/2009 1 84342 JPTM GENERAL ENGINEERING CORP 1TRFFC SGNL SVCS -PHASE 1 1 2505510 1 R46412 1 49,005.001 $49,005.00 Page 14 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 3/19/2009 84344 REINBERGER PRINTWERKS BROCHURE -DBC 0015333 42110 Total Check Amount Check Date Check Number Vendor Name REINBERGER PRINTWERKS Transaction Description 0015333 Fund/ Dept Acct # Amount 3/1912009 84349 REINBERGER PRINTWERKS PRINT SVCS -DBC 0015333 42110 2,480.01 $350.00 3/19/2009 1 84343 IVENUS QUTAMAS IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 3/19/2009 84344 REINBERGER PRINTWERKS BROCHURE -DBC 0015333 42110 1,913.86 $6,277.42 3/19/2009 1 REINBERGER PRINTWERKS PRINT SVCS -DBC 0015333 42110 1 1,883.55 3/1912009 84349 REINBERGER PRINTWERKS PRINT SVCS -DBC 0015333 42110 2,480.01 $65.00 3/19/2009 1 84345 JELISA RODRIGUEZ IFACILITY REFUND -DBC 1 001 1 36615 1 400.001 $400.00 3/19/2009 84346 VERONICA RUIZ FACILITY REFUND -DBC 001 23002 1 100.00 $16.68 3/19/2009 1 VERONICA RUIZ FACILITY REFUND -DBC 001 23004 -83.32 3/19/2009 84347 TRANSPORTATION SVCS. TRFFC ENG SVCS -JAN 09 1165510 1 44000 18,951.75 $24,897.75 3/19/2009 1 ISASAKI SASAKI TRANSPORTATION SVCS. 1TRFFC ENG SVCS -JAN 09 1165510 1 44000 5,946.00 3/19/2009 84348 JSCPMA HR MTG-H/R 1 0014060 1 42325 1 55.001 $55.00 3/19/2009 1 ISIRCHIE SIRCHIE FINGER PRINT LAB INC SUPPLIES -SHERIFF DEPT 0014411 1 41200 37.84 3/19/2009 1 84349 IJACK SHAH jPLNG COMM -3110 1 0015210 1 44100 1 65.001 $65.00 3/1912009 RAFIKTADROS FACILITY REFUND -DBC 001 36615 500.00 3/19/2009 1 84350 IJERRYL LYNN SHORT ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 1,636.801 $1,636.80 3/19/2009 84351 FINGER PRINT LAB INC SUPPLIES -SHERIFF DEPT 0014411 41200 254.41 $292.25 3/19/2009 1 ISIRCHIE SIRCHIE FINGER PRINT LAB INC SUPPLIES -SHERIFF DEPT 0014411 1 41200 37.84 3/19/2009 1 84352 JARLENE SMITH IRECREATION REFUND 1 001 1 34780 1 30.001 $30.00 3/1912009 1 RAFIKTADROS FACILITY REFUND -DBC 001 36615 1,450.00 3/19/2009 1 84353 ISTATE DISBURSEMENT UNIT ISLRY ATTCHMT #000932977 1 001 1 21114 1 414.271 $414.27 3/19/2009 84354 RAFIKTADROS FACILITY REFUND -DBC 001 23004 176.15 $2,826.15 3/1912009 1 RAFIKTADROS FACILITY REFUND -DBC 001 36615 1,450.00 3/1912009 RAFIK TADROS FACILITY REFUND -DBC 001 23002 200.00 3/1912009 RAFIKTADROS FACILITY REFUND -DBC 001 36615 500.00 3/1912009 RAFIKTADROS IFACILITY REFUND -DBC 1 001 23002 500.001 1 3/19/2009 84355 THE TRAINING CAMP INC CCENT/CCNA TRNG-DESFORGES 0014070 42340 2,995.00 $3,695.00 3/19/2009 1 THE TRAINING CAMP INC ICCENT/CCNA TRNG-DES FORGES 0014070 42330 700.00 Page 15 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/19/2009 84356 TIME WARNER IMODEM SVCS -COUNCIL 0014010 1 42130 1 46.951 $46.95 3/19/2009 1 84357 ITOMARK SPORTS SUPPLIES -RECREATION 1 0015350 1 41200 1 1,014.241 $1,014.24 3/19/2009 VERIZON CALIFORNIA PH.SVCS-CMGR FAX LINE 0014030 42125 158.78 1 3/19/2009 1 84358 IVANTAGEPOINT TRNSFR AGNTS-303248 3/20/09-P/R DEDUCTIONS 1 001 1 21108 1 4,017.541 $4,017.54 3/19/2009 84359 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 830.87 $1,168.32 3/19/2009 VERIZON CALIFORNIA PH.SVCS-CMGR FAX LINE 0014030 42125 158.78 1 3/19/2009 84364 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 178.67 $5,908.40 3/19/2009 1 84360 JRHEA VILLARAMA IFACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 3/19/2009 84361 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-NOV 08 0015350 1 42140 1 240.00 $600.00 3/19/2009 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -FEB 09 0015350 1 42140 1 360.001 1 3/19/2009 84362 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 2,500.87 $7,482.27 3/19/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 173.18 3/19/2009 84364 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 2,825.89 $5,908.40 3/19/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 1,108.10 3/19/2009 84368 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 874.231 1 3/19/2009 84363 LE HONG WANG ICONTRACT CLASS -WINTER 0015350 1 45320 1 259.20 $259.20 3/19/2009 WEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 156.60 3/19/2009 1 84364 IWEST COAST ARBORISTS INC ITREE MAINT-FEB 09 0015558 1 45509 1 5,908.401 $5,908.40 3/19/2009 84365 WEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 145.80 $459.00 3/19/2009 WEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 156.60 3/19/2009 84367 WEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 156.60 $437.40 3/19/2009 1 84366 JYI TONY TORNG JPLNG COMM -3110 1 0015210 1 44100 1 65.001 $65.00 3/19/2009 84367 IYOUNG REMBRANDTS CORP ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 437.401 $437.40 3/26/2009 84368 JA AMERICAN SELF STORAGE ISTORAGE RENTAL -UNIT #2303 1 0014070 1 46230 1 122.001 $122.00 3/26/2009 1 84369 jA5VANTEC CONSULTING ENGINEERS INC ISIGNAL TIMING SVCS -FEB 09 1 1135553 1 44000 1 1,791.651 $1,791.65 Page 16 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/26/2009 84370 JALERT GRAPHICS IPROMO ITEMS -RECYCLING 1 1155516 1 41400 1 277.641 $277.64 3/26/2009 1 84371 JDAVID ALVAREZ REIMB-EMP RECOGNITION 1 0014060 1 42347 1 39.991 $39.99 3/26/2009 84372 AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 139.64 $523.93 3/26/2009 1 JAMERICOMP AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 116.91 3/26/2009 84376 GROUP INC SUPPLIES -TONERS 0014070 45000 267.38 $216.00 3/26/2009 1 84373 AMERIMARK DIRECT IPROMO ITEMS -RECYCLING 1 1155516 1 41400 1 624.721 $624.72 3/26/2009 84374 ANNE AMIRI VOLUNTEEN STIPEND -FY 07 0015350 1 45300 1 75.00 $150.00 3/26/2009 1 JANISA ANISA ANNE AMIRI IVOLUNTEEN STIPEND -FY 06 0015350 1 45300 1 75.00 3/26/2009 1 84375 JANDREA D TARAZON REIMB-CPRS CONF 0015350 1 42330 1 39.651 $39.65 3/26/2009 1 BEST LIGHTING PRODUCTS LIGHTING MAINT-REAGAN PK 0015340 1 42210 1 112.35 3/26/2009 1 84376 ICHRISTINE ANN ANGELI ICONTRACT CLASS -WINTER 0015350 1 45320 1 216.001 $216.00 3126/2009 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONF-CMGR 0014030 42330 300.00 3/26/2009 1 84377 JARMIJO NEWSPAPER & PR AD -STATE OF CITY MAR 0014095 1 42115 1 187.501 $187.50 3/26/2009 84378 JASCAP ASCAP-CONCERTS IN PARK 0015350 1 45305 1 613.251 $613.25 3/26/2009 84379 BEAR STATE AIR CONDITIONING SVCS IN MAINT-PANTERA PK 0015340 1 42210 1 85.001 $85.00 3/26/2009 84380 BEST LIGHTING PRODUCTS MAINT-DBC 0015333 1 41200 1 416.06 $528.41 3/26/2009 1 BEST LIGHTING PRODUCTS LIGHTING MAINT-REAGAN PK 0015340 1 42210 1 112.35 3/26/2009 1 84381 ICALIFORNIA CONSERVATION CORP GRAFFITI REMOVAL -JAN 09 1 0015558 1 45500 1 256.00 $256.00 3/26/2009 84382 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONF-R MCLEAN 0014030 42330 300.00 $1,450.00 3/26/2009 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONF-COUNCIL 0014010 42330 550.00 3/26/2009 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONF-D DOYLE 0014030 42330 300.00 3126/2009 CALIFORNIA CONTRACT CITIES ASSOC. CCCA CONF-CMGR 0014030 42330 300.00 3/26/2009 84383 CATALINA BALLAST BULB COMPANY SUPPLIES -PARKS 0015340 42210 72.96 $382.76 3/26/2009 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 115.96 3/26/2009 CATALINA BALLAST BULB COMPANY SUPPLIES-PANTERA PK 0015340 42210 193.84 Page 17 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number 1 Vendor Name JCDW Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 3/26/2009 84384 GOVERNMENT INC. JANNL MAINT-I.T. 0014070 1 42205 1 5,354.761 $5,354.76 3/26/2009 1 84385 JEDWARD CHAN REFUND -PARKING CITATION 001 32230 30.001 $30.00 3/26/2009 84386 BEN CHANG FACILITY REFUND -HERITAGE 001 23002 200.00 $390.82 3126/2009 1 BEN CHANG FACILITY REFUND -HERITAGE 001 23004 83.32 3126/2009 84392 BEN CHANG FACILITY REFUND -HERITAGE 001 36610 107.50 $450.00 3/26/2009 1 84387 ICHRISTIN J MURPHEY REIMB-CPRS CONF 1 0015350 1 42330 1 22.001 $22.00 3/26/2009 84388 J. GRUNDY P & R COMM -FEB 26 0015350 44100 45.00 $90.00 3/26/2009 1 JDAVID DAVID J. GRUNDY IP & R COMM -FEB 23 0015350 1 44100 45.00 3/26/2009 84389 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 0014095 42110 2,166.12 $3,286.90 3/26/2009 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 0014095 42110 23.82 3/26/2009 84392 DAY & NITE COPY CENTER PRINT SVCS -DAY CAMP 0015350 42110 746.93 $450.00 3/26/2009 DAY & NITE COPY CENTER PRINT SVCS -CITY B/DAY 0015350 42353 285.73 3/26/2009 84393 DAY & NITE COPY CENTER PRINT SVCS -CITY B/DAY 0015350 42353 64.30 $110.00 3/26/200984390 84391 CAROL DENNIS PROF.SVCS-P & R COMM 0015310 44000 75.00 $175.00 3/26/2009 CAROL DENNIS 1PROF.SVCS-T & T COMM 0015510 44000 100.00 3/26/2009 1 84391 IDEPT OF TRANSPORTATION ITRFFC SIGNAL MAINT-JAN 1 0015554 1 45507 1 652.481 $652.48 3/26/2009 1 84392 IDIAMOND BAR IMPROVEMENT ASSOCIATION AD -STATE OF THE CITY MAR 0014095 1 42115 1 450.001 $450.00 3/26/2009 84393 ICINDY DILULLO IRECREATION REFUND 001 1 34780 1 110.001 $110.00 3/26/2009 1 84394 IDIRECT CONNECTION INCORP IPRINT SVCS -STATE OF CITY 1 0014095 1 42110 1 1,437.751 $1,437.75 3/26/2009 1 84395 IDIVERSIFIED PRINTERS IPRINT SVCS -CITY NEWS MAR 1 0014095 1 44000 1 7,079.40 $7,079.40 3126/2009 1 84396 IDUKE SERVICE COMPANY SUPPLIES -DBC 0015333 1 41200 1 91.651 $91.65 3/26/2009 1 84397 JEFFECTIVE PROMOTIONS IPROMO ITEMS -RECYCLED 1155516 1 41400 1 406.731 $406.73 3/26/2009 84398 1EXCELLANDSCAPE JADDL MAINT-DIST 38 1385538 1 42210 1 142.901 $370.83 Page 18 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/26/2009 84398... JEXCEL LANDSCAPE JADDL MAI NT -DIST 41 1415541 42210 227.931 $370.83 ... 3/26/2009 84399 EXTERMINETICS OF SO CAL INC FIRE ANT REMOVAL -DIST 38 0015333 45300 150.00 $265.00 3/26/2009 1 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS- DBC 0015333 45300 75.00 1 1 3/26/2009 84405 EXTERMINETICS OF SO CAL INC RODENT CONTROL SVCS -MAR 0015333 45300 40.00 $370.35 3/26/2009 84400 FONSECA CONSTRUCTION INC EXPRESS MAIL -GENERAL 0014090 42120 93.12 $223.87 3/26/2009 1 IFEDEX FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 130.75 1 1 3/26/2009 1 84401 JFEHR & PEERS ITRFFC ENG SVCS -SR 57/60 1 1165510 1 44000 1 14,558.79 $14,558.79 3/26/2009 84402 FONSECA CONSTRUCTION INC CDBG CURB RAMP -FY 08/09 2505510 46420 13,995.00 $28,120.05 3/26/2009 1 FONSECA CONSTRUCTION INC CDBG CURB RAMP -FY 08/09 2505510 46420 10,717.00 1 1 3/26/2009 84405 FONSECA CONSTRUCTION INC RETENTION PAYABLE 250 20300 -1,071.70 $370.35 3/26/2009 FONSECA CONSTRUCTION INC CDBG CURB RAMP -FY 08/09 2505510 46420 1,485.00 3/26/2009 FONSECA CONSTRUCTION INC CDBG CURB RAMP -FY 08/09 2505510 46420 5,047.50 3/26/2009 FONSECA CONSTRUCTION INC RETENTION PAYABLE 250 20300 -504.75 3/26/2009 FONSECA CONSTRUCTION INC RETENTION PAYABLE 250 20300 -1,399.50 3/26/2009 IFONSECA CONSTRUCTION INC IRENTENTION PAYABLE 250 1 20300 -148.50 3/26/2009 84403 FOOTHILL BUILDING MATERIALS INC SUPPLIES-EOC 0014440 41200 600.79 $660.33 3/26/2009 1 FOOTHILL BUILDING MATERIALS INC ISUPPLIES-EOC 0014440 1 41200 59.54 1 1 3/26/2009 1 84404 JDANIEL GARCIA ICONTRACT CLASS -WINTER 0015350 1 45320 1 741.001 $741.00 3/26/2009 1 HARDY & HARPER INC ROAD MAINT-D/B BLVD 0015554 1 45502 40,603.20 1 3/26/2009 1 84405 IGRAND MOBIL JEQ MAINT-COMM SVCS 0015554 1 42200 1 370.351 $370.35 3/26/2009 84406 HARDY & HARPER INC ROAD MAINT-DBB/GRAND 0015554 45502 3,100.00 $43,703.20 3/26/2009 1 HARDY & HARPER INC ROAD MAINT-D/B BLVD 0015554 1 45502 40,603.20 1 3/26/2009 84407 LEW HERNDON P & R COMM -FEB 26 0015350 44100 45.00 $90.00 3/26/2009 1 ILEW HERNDON IP & R COMM -FEB 23 0015350 1 44100 1 45.00 3/26/2009 1 84408 HINDERLITER, DE LLAMAS & ASSOCIATES CONTRACT SVCS -1ST QTR 0014090 44010 900.00 $7,654.32 3/26/2009 1 IHINDERLITER, DE LLAMAS & ASSOCIATES JAUDIT SVCS -SALES TAX 3RD 0014090 1 44010 6,754.32 Page 19 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description IRODNEY 1 Fund/ Dept Acct # Amount Total Check Amount 3/26/2009 84409 HUNTER FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 3/26/2009 1 84410 JINDUSTRIAL CLERICAL RECRUITERS INC ITEMP SVCS-P/WKS WK 2/24 0015510 1 44000 1 392.001 $392.00 3/26/2009 1 BENNY LIANG P & R COMM -FEB 23 0015350 1 44100 1 45.00 3/26/2009 1 84411 JINLAND EMPIRE MAGAZINE AD -DBC APR 09 0014095 1 42115 1 1,295.001 $1,295.00 3/26/2009 1 84412 JINLAND EMPIRE STAGES EXCURSION -FANTASY SPRNGS 1125350 1 45310 1 1,316.251 $1,316.25 3/26/2009 1 84413 1INTERNATIONAL PROTECTIVE SVCS INC. ICROSSING GUARD SVCS -FEB 1 0014411 1 45410 1 11,660.88 $11,660.88 3/26/2009 1 84414 JJDDICIAL DATA SYSTEMS CORPORATION IPARKING CITE ADMIN -FEB 09 1 0014411 1-45-405-1 627.601 $627.60 3/26/2009 1 84415 IKENS HARDWARE SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 38.651 $38.65 3/26/2009 1 84416 ILANTERMAN DEV CENTER/COMM INDUSTRIE 1PARKWAY MAINT-FEB 09 0015558 1 45503 1 1,982.76 $1,982.76 3/26/2009 1 84417 JLDM ASSOCIATES INC_ IHIP PROG-FEB 09 1255215 1 44000 1 3,637.501 $3,637.50 3/26/2009 1 84418 ILEIGHTON & ASSOCIATES, INC. IGEOTECH SVCS-SYC CYN 2505310 1 46415 1 3,175.791 $3,175.79 3/26/2009 84419 BENNY LIANG P & R COMM -FEB 26 0015350 44100 45.00 $90.00 3/26/2009 1 BENNY LIANG P & R COMM -FEB 23 0015350 1 44100 1 45.00 3126/2009 1 84420 ILIEBERT CASSIDY WHITMORE PROF.SVCS-HIR FEB 09 1 0014020 1 44021 1 4,006.501 $4,006.50 3/26/2009 1 JULIE MCCASLAND IMTG-COUNCIL 0014010 1 42325 27.00 3/26/2009 1 84421 IM & M INTERNATIONAL SUPPLIES -RECREATION 0015350 1 42353 1 104.141 $104.14 3/26/2009 1 84422 IRAAKHIMASANI IFACILTY REFUND -DBC 001 123002 1 500.001 $500.00 3/26/2009 1 84423 JULIE MCCASLAND MTG-COUNCIL 0014010 1 42325 27.00 $54.00 3/26/2009 1 JULIE MCCASLAND IMTG-COUNCIL 0014010 1 42325 27.00 3/26/2009 1 84424 IMCE CORPORATION IVEGETATION CONTROL -FEB 1 0015558 1 45508 1 5,957.411 $5,957.41 3/26/2009 1 84425 ISDRENDRA MEHTA ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 1,296.001 $1,296.00 3/26/2009 1 84426 IMERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLING 1 1155516 1 41200 1 412.661 $412.66 Page 20 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/26/2009 84427 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 234.80 $563.05 3126/2009 84429 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -SLURRY SEAL 2505510 46411 182.18 $2,460.00 3/26/2009 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -SLURRY SEAL 2505510 46411 146.07 3/26/2009 1 84428 IMISSION SAN JUAN CAPISTRANO JADULT EXCURSION -DEP 0015350 1 45310 1 157.501 $157.50 3/26/2009 1 OLYMPIC STAFFING SERVICES TEMP SVCS-C/S WK 3115 0015310 1 44000 635.52 3126/2009 1 84429 INORRIS REPKE INC INSTALL-CDBG CURB RAMP 2505510 1 46420 1 2,460.001 $2,460.00 3/26/2009 1 84430 INORTH AMERICAN AMUSEMENTS INC DEP-RIDES CITY B/DAY 0015350 1 42353 1 11,11115.001 $11,115.00 3/26/2009 1 84431 INORTHERN SAFETY CO SUPPLIES -ROAD MAINT 0015554 1 41250 1 112.201 $112.20 3/26/2009 1 84432 OLYMPIC STAFFING SERVICES TEMP SVCS-C/S WK 3/8 0015310 1 44000 794.40 $1,429.92 3/26/2009 1 OLYMPIC STAFFING SERVICES TEMP SVCS-C/S WK 3115 0015310 1 44000 635.52 3/26/2009 1 84433 JALEX ORDONEZ FACILITY REFUND -MAPLE HLL 1 001 1 23002 1 50.001 $50.00 3/26/2009 1 TED OWENS I P & R COMM -FEB 23 0015350 1 44100 1 45.00 3/26/2009 1 84434 JORIENTAL TRADING COMPANY INC SUPPLIES -COMM SVCS 1 0015350 1 41200 1 33.241 $33.24 3/26/2009 1 84435 TED OWENS P & R COMM -FEB 26 0015350 44100 45.00$90.00 $84.08 3/26/2009 1 TED OWENS I P & R COMM -FEB 23 0015350 1 44100 1 45.00 3/26/2009 1 84436 IPHILIP H WILLIAMS REIMB-SUPPLIES DBC 1 0015333 1 41200 1 84.081 $84.08 3/26/2009 1 REPUBLIC ELECTRIC ITRFFC SIGNAL MAINT-JAN 0015554 1 45507 4,035.00 3/26/2009 1 84437 IREINBERGER PRINTWERKS 1PRINT SVCS -BUS CARDS 1 0014095 1 42110 1 74.691 $74.69 3/26/2009 1 84438 REPUBLIC ELECTRIC MEMO CREDIT -INV. 109237 0015554 1 45507 -1,176.00 $2,859.00 3/26/2009 1 REPUBLIC ELECTRIC ITRFFC SIGNAL MAINT-JAN 0015554 1 45507 4,035.00 3/26/2009 1 84439 RUTH M. LOW P & R COMM -FEB 26 0015350 1 44100 45.00 $90.00 3126/2009 1 RUTH M. LOW IP & R COMM -FEB 23 0015350 1 44100 45.00 3/26/2009 1 84440 JANIGIE SALDAMANDO IFACILITY REFUND -DBC 1 001 1 23002 1 700.001 $700.00 3/26/2009 1 84441 ISIMPSON ADVERTISING INC DESIGN -CITY NEWS MAR 1 0014095 1 44000 1 1,200.001 $1,200.00 3/26/2009 1 84442 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL APR 0014090 1 42140 1 22,416.451 $22,416.45 Page 21 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/26/2009 84443 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 16.25 $4,961.93 3/26/2009 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 16.78 3/26/2009 84450 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 3,945.72 $5,000.00 3/26/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 556.44 3/26/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 426.74 3/26/2009 1 84444 ISPORT PINS INTERNATIONAL INC IPROMO ITEMS -DB PINS 1 0014095 1 41400 1 2,326.981 $2,326.98 3/26/2009 84445 STANDARD INSURANCE OF OREGON APR 09 -LIFE INS PREMS 001 21106 1,185.01 $3,087.51 3/26/2009 1 STANDARD INSURANCE OF OREGON APR 09-SUPP LIFE INS PREM 001 21106 167.00 3/26/2009 84450 STANDARD INSURANCE OF OREGON APR 09-STD/LTD 001 21112 1,735.50 $5,000.00 3/26/2009 1 84446 IWANDA TANAKA REIMB-EASTER EGG HUNT 0015350 1 41200 947.26 $947.26 3/26/2009 84447 ITIME WARNER MODEM SVCS -COUNCIL 0014010 1 42130 1 46.95 $196.33 3/26/2009 1 ITIME WARNER INTERNET SVCS-MAR/APR 0014070 1 44030 1 149.38 3/26/2009 844411 TWO HORSE CONSTRUCTION RETENTION PAYABLE 250 20300 757.33 $5,725.47 3/26/2009 1 TWO HORSE CONSTRUCTION 1CONSTRUCTION-V-DITCH 2505510 46416 1 4,968.14 3/26/2009 1 84449 ITWO HORSE CONSTRUCTION IRETENTION PAYABLE 1 250 1 20300 1 5,491.371 $5,491.37 3/26/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 35.63 3/26/2009 1 84450 JUS POSTAL SERVICE (HASLER) POSTAGE -CITY HALL 1 0014090 1 42120 5,000.001 $5,000.00 3/26/2009 84451 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014030 42125 75.28 $286.51 3/26/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 35.63 3/26/2009 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 87.80 3/26/2009 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 87.80 3/26/2009 1 84452 JERIKA VIEYRA ICONTRACT CLASS -WINTER 0015350 1 45320 1 90.001 $90.00 3/26/2009 84453 VISION INTERNET PROVIDERS INC COMP MAINT-I.T. 0014070 42205 995.00 $1,195.00 3/26/2009 VISION INTERNET PROVIDERS INC MONTHLY HOSTING -WEBSITE 0014070 44030 150.00 3/26/2009 VISION INTERNET PROVIDERS INC RENEWAL FEE-I.T. 0014070 44030 50.00 3/26/2009 1 84454 IVISION SERVICE PLAN APR 09 -VISION PREMIUMS 1 001 1 21107 1 1,291.25 $1,291.25 Page 22 City of Diamond Bar - Check Register 03/12/09 thru 04/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 3/26/2009 84455 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -JAN -MAR 0015350 42140 528.00 $960.00 3/26/2009 1 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -JAN -MAR 0015350 1 42140 1 432.00 3/26/2009 1 84456 ILE HONG WANG ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 378.001 $378.00 3/26/2009 84457 WARREN SIECKE TRFFC ENG SVCS -FEB 09 0015510 45221 450.00 $4,754.00 3/26/2009 WARREN SIECKE TRFFC ENG SVCS -JAN 09 2505510 R46412 2,352.00 3/26/2009 1 84460 WARREN SIECKE TRFFC ENG SVCS -FEB 09 2505510 R46412 1,127.00 $500.00 3/26/2009 WARREN SIECKE TRFFC ENG SVCS -JAN 09 0015510 45221 825.00 3/26/2009 84458 ANGELA WRIGHT FACILITY REFUND -DBC 001 23002 350.00 $550.00 3/26/2009 ANGELA WRIGHT FACILITY REFUND -DBC 001 23002 100.00 3/26/2009 1 84460 ANGELA WRIGHT FACILITY REFUND -DBC 001 23002 100.00 $500.00 3/26/2009 1 84459 IPAUL WRIGHT A/V SVCS -P/C, C/CNCL 0014090 1 44000 1 350.001 $350.00 3/26/2009 1 84460 1 ROSA WURTH IFACILITY REFUND -DBC 001 1 23002 1 500.001 $500.00 3/26/2009 1 W!T 0085 JUNION BANK OF CALIFORNIA, NA ILEASE PAYMENT -APR 09 0014090 1 42140 1 28,594.641 $28,594.64 $1,724,727.86 Page 23 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Treasurer's Statement — February 2009 RECOMMENDATION: Approve the February 2009 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.4 Meeting Date: Apr. 7, 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 Department Head Attachments: Treasurer's Statement, Investment Portfolio Report Assistant City anager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT February 28, 2009 SUMMARY OF CASH: BEGINNING TRANSFERS ENDING . .... BALANCE RECEIPTS DISBURSEMENTS :...:,jN (OUT) BALANCE GENERAL FUND $32,254,067.04 917,733.33 $871,458.93 ($364,698.14) $31,935,643.30 LIBRARY SERVICES FUND 0.00 ($209,472.27) INVESTMENTS: 0.00 COMMUNITY ORG SUPPORT FD 853.82 1,600.00 32,174,723.25 (746.18) GAS TAX FUND TRANSIT TX (PROP A) FD (153,484.14) 434,019.38 65,143.21 154,274.06 82,664.92 (16,605.00) 50,770.00 (104,945.93) TRANSIT TX (PROP C) FD 1,704,573.05 60,869.05 (170,266.99) 556,398.52 1,595,175.11 ISTEA Fund INTEGRATED WASTE MGT FD (172,097.72) 347,232.31 76.06 25,245.25 (539,353.60) (711,451.32) TRAFFIC IMPROVEMENT FUND 575,989.47 (94,146.20) 322,063.12 481,843.27 AB2928-TR CONGESTION RELIEF FD 225,090.56 (10,864.06) 214,226.50 AIR QUALITY IMPRVMNT FD 113,865.31 113,865.31 TRAILS & BIKEWAYS FD 0.00 0.00 Prop 1B Bond Fund 1,191,621.24 (13,797.01) 1,177,824.23 PARK FEES FD 416,515.97 416,515.97 PROP A - SAFE PARKS ACT FUND (17,792.00) (17,792.00) PARK & FACILITIES DEVEL. FD 650,027.37 (4,170.14) 645,857.23 COM DEV BLOCK GRANT FD (29,764.83) 15,325.00 6,543.55 (20,983.38) CITIZENS OPT -PUBLIC SAFETY FD 91,256.13 91,256.13 NARCOTICS ASSET SEIZURE FD 361,993.02 361,993.02 CA LAW ENFORCEMENT EQUIP PRGI 81,197.95 81,197.95 LANDSCAPE DIST #38 FD 46,558.17 15,146.50 19,243.35 42,461.32 LANDSCAPE DIST 439 FD (6,463.55) 9,914.79 15,165.41 (11,714.17) LANDSCAPE DIST #41 FD 93,279.66 8,345.20 6,476.87 95,147.99 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (532,165.85) 874,896.42 1,163,131.14 (243,931.13) SELF INSURANCE FUND 1,120,763.37 1,120,763.37 EQUIPMENT REPLACEMENT FUND 225,411.85 225,411.85 COMPUTER REPLACEMENT FUND 360,333.44 360,333.44 PUBLIC FINANCING AUTHORITY FUNI 193,479.19 26,928.00 4,566.91 215,840.28 TOTALS $39,576,360.21 $1,273,755.20 $1,907,861.61 $0.00 $38,942,253.80 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($252,326.73) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($209,472.27) INVESTMENTS: US TREASURY Money Market Acct. $1,761,162.54 LOCAL AGENCY INVESTMENT FD 32,174,723.25 FED HOME LOAN BANK NOTES 5,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 215,840.28 TOTAL INVESTMENTS $39,151,726.07 TOTAL CASH $38,942,253.80 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeStefano, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of February 2009 Institution Type of Investment Rating Purchase Date Maturity Date Term Amount At Cost Current Par / Original Par Fair Market Value " Rate State of California Local Agency Inv Fund AAA 32,174,723.25 32,271,678.91 1.869% Wells Fargo Bank US Treasury Money Market AAA 1,761,162.54 1,761,162.54 0.010% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 215,840.28 215,840.28 0.090% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 02/18/09 08/18/11 2.5 Yrs 1,000,000 1,000,000 997,810.00 2.150% Wells Fargo Inst Securities FHLB - Federal Home Loan Nt AAA 10/14/08 10/14/11 3.0 Yrs 1,000,000 1,000,000 1,003,440.00 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 1,000,310.00 3.200% Wells Fargo Inst Securities FHLB - Federal Home Loan Nt AAA 02/06/09 02/06/12 3.0 Yrs 1,000,000 1,000,000 995,310.00 2.300% Wells Fargo Inst Securities FHLB - Federal Home Loan Nc AAA 02/17/09 02/17/12 3.0 Yrs 1,000,000 1,000,000 993,750.00 2.250% Totals for month $ 39,151,726.07 $ 39,239,301.73 Less Investments matured during the month 0.00 Total Investments: $ 39,151,726.07 2007-08 Actual Interest Income $1,702,255.90 2008-09 Budgeted Interest Income $1,015,700.00 Actual Year -To -Date Interest Income $598,290.89 Percent of Interest Received to Budget 58.904% Source of Fair Market Value: Wells Fargo Institutional Securities, LLC TYPE OF INVESTMENTS: Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Monev 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. Agenda # Meeting Date: _6.5 4/07/09 CITY COUNCIL r /. 7- AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: ACCEPTANCE OF $10,016 DON TION FROM THE DIAMOND BAR COMMUNITY FOUNDATION AND APPROPRIATION OF $10,016 TO THE RECREATION SERVICES CAPITAL EQUIPMENT BUDGET FOR THE 2008/09 FY FOR THE PURCHASE OF FOUR (4) PITCHING MACHINES TO BE USED IN THE BATTING CAGES AT PANTERA AND PETERSON PARKS. RECOMMENDATION: Accept Donation and Appropriate Funds. FINANCIAL IMPACT: This award covers the cost of purchasing four (4) Jugs Combo Pitching Machines and 12 dozen softballs and baseballs for a total cost of $10,016. BACKGROUND: At its meeting on March 17, 2009, the City Council authorized staff to submit a grant application to the Diamond Bar Community Foundation for the purchase of four (4) pitching machines for use in the batting cages the city constructed at Peterson and Pantera Parks. The Diamond Bar Community Foundation has approved the grant request and the funds need to be appropriated in the 2008/09 FY budget to be expended for the pitching machines. City policy states that donations in excess of $3,000 require City Council approval to be accepted. DISCUSSION: The pitching machines that will be purchased with these funds can be used for both baseball and softball. The pitching machines will be stored indoors and will be placed in the batting cages by City staff only when scheduled for use by an authorized user. Authorized use is limited to non-profit Diamond Bar -based youth sports organizations, including the City's summer baseball program, with liability insurance on file with the City that names the City of Diamond Bar as an additional insured, per JPIA requirements. City staff currently working evenings and weekends at the fields will be available to check the pitching machines in and out for reserved use. The pitching machines and the batting cages will also be used during the Winter Snowfest and the City Birthday Party as additional activities for the youth. PREPARED BY: Alison Meyers Community Services Coordinator f° R V JED BY: Y01,9*11 Director of Community Services CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager Agenda # 6.6 Meeting Date: 4107109 AGENDA REPORT TITLE: BUDGET ADJUSTMENT SHIFTING FUNDING SOURCES FOR PHASE II AND PHASE III OF THE SYCAMORE CANYON PARK TRAILS PROJECTS RESULTING IN $65,062 OF PROPOSITION 12 FUNDS FOR PHASE II AND THE SAME AMOUNT OF PARK DEVELOPMENT FUNDS FOR PHASE III. RECOMMENDATION: Approve budget adjustment. FINANCIAL IMPACT: The budget adjustment will move funds from one phase of the project to the other. There is no financial impact to the City. Progect Funding Source Amount To Proiect Amount From Project Trail Project Phase 11 Proposition 12 $65,062 Trails Project Phase III Proposition 12 $65,062 Trails Project Phase II Park Development Funds $65,062 Trails Project Phase III Park Development Funds $65,062 BACKGROUND / DISCUSSION: The Proposition 12 Funds, formally named Roberti -Z -Berg Harris Block Grant, Urban Open Space and Recreation Program funds, must be expended by June 30, 2009 in order to be reimbursed by the State of California. The City Council appropriated $65,062 of these funds in the 2008/09 FY budget for Phase III of the Sycamore Canyon Park Trails project. It is possible that Phase III will not be completed by the June 30 deadline required to utilize this funding. It is permissible by the State to use these funds for Phase II of the Sycamore Canyon Park Trails project, which was completed in November 2008. Staff has already completed the paperwork to make this change, and has requested reimbursement of Prop 12 funds from the State. Staff is seeking City Council ratification of this administrative procedure, and authorization to replace the Prop 12 funds originally appropriated to Phase III with Park Development Funds, in the amount of $65,062. PREPARED BY: Alison Meyers, Community Services Coordinator REVI ED Y: Bo Director of Community Services LLinda Mag u on Finance Director CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST FY 2008/09 BA # ACCOUNT NUMBER ACCOUNT DESCRIPTION INCREASE (DECREASE) ADJUSTED BUDGET 250-31817 21706 S c Can Trail - Ph II - Prop 12 65,062.00 65,062.00 250-39123 21706 Phase II -Tr In Park Dev Fds (65,062.00) 44,938.00 123-9915-49250 21706 Phase II - Tr Out CIP (65,062.00) 44,938.00 250-31817 25108 S c Can Trail - Ph III - Prop 12 (65,062.00) 0.00 250-39123 25108 Phase III - Tr In Park Dev Fds 65,062.00 65,062.00 123-9915-49250 25108 Phase III - Tr Out CIP 65,062.00 65,062.00 REASON FOR REQUEST: Proposition 12 Funds have a liquidation due date of June 30, 2009. Switching the Prop 12 Funds to the Phase II project, which is already completed, will ensure that the City will be paid these funds, when released by the State. It is possible that Phase III will not be completed until after June 30, 2009. APPROVAL REQUIREMENTS J zV REQUESTED BY DATE D P R N PPROVAL ATE ol FINANCE AP ROYAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY COUNCIL Agenda # 6.7 Meeting Date :April 7, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mn r TITLE: NOTICE OF COMPLETION FOR THE 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF NEIL ARMSTRONG ELEMENTARY SCHOOL. RECOMMENDATION: Approve and File. FINANCIAL IMPACT: Final construction cost of the project is $80,298.00 which is within the authorized budget. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to Fonseca Construction on January 20, 2009 in an amount not to exceed $46,191.00 with a contingency amount of $11,500.00, for a total authorization amount of $57,691.00. The City authorized the Notice to Proceed for the project on February 2, 2009. As designed, the project originally consisted of the construction of 27 new curb ramps and associated curb, gutter and sidewalk replacement in the vicinity of Neil Armstrong Elementary School. On February 17, 2009 the City Council approved an increase of $24,000 to the construction contract with Fonseca Construction for construction of additional ramps for a total contract authorization of 81,691.00. This increase was requested in an effort to fully expend the budgeted Community Development Block Grant (CDBG) Funds that were programmed for the City. Three change orders were issued in the amount of $34,107.00 for 11 additional ramps, upgrade of two spandrels and a cross gutter at two ramp locations, additional sidewalk, curb and gutter removal and installation of two surface mounted truncated domes at existing curb ramp locations. Fonseca Construction has completed all work required in accordance with the plans and specifications as approved by the City. A final job walk was conducted on March 23, 2009, and staff is recommending acceptance of these improvements with a few minor punch list items to be completed by the contractor. A ten percent (10%) retention will be held until the punch list items are signed off by the City. PREPARED BY: DATE PREPARED: Kimberly Molina, Associate Engineer March 31, 2009 REVIEW7 aBY- 1 David G. tu, Director of Public Works Attachments: Notice of Completion 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Copley Drive Diamond Bar, CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lessee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on March 23, 2009. The work done was! 2008-2009 Community Development Block Grant Curb Ramp Installation Project in the vicinity of Neil Armstrone Elementary School 7. The name of the contractor, if any, for such work of improvement was Fonseca Construction (If no contractor for work of improvement as a whole, insert "none") (Date of Contract) S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows various curb ramp locations in the vicinity of Neil Armstrong Elementary School. 9. The street address of said property is Dated: Verification for Individual Owner If no street address has been officially assigned, insert `none") CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing (`7esident of', "Manager of "A partner of," "Ovmer of," etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 120 _, at Diamond Bar California. (Date of signature) (City where signed) (Personal signature ofthe individual who is swearing that the contents of the notice of completion are true) CITY COUNCIL Agenda # _ 6 _.8 Meeting Date: April 7, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council QA VIA: James DeStefano, City Mana e TITLE: APPROPRIATE $25,000 FROMHE TRAFFIC IMPROVEMENT FUND AND APPROVE CONTRACT AMENDMENT WITH SASAKI TRANSPORTATION SERVICES, INC. IN THE AMOUNT OF $25,000 FOR PROFESSIONAL SERVICES RELATED TO THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY RECOMMENDATION: Appropriate and approve contract amendment. FINANCIAL IMPACT: The Fiscal Year 2008/2009 budget included an amount of $80,000 for professional engineering services related to the State Route 57/60 Freeway Congestion Relief Strategy. This amount was fully encumbered in January 2009 for traffic engineering services; a $55,000 encumbrance was set aside for services by Fehr & Peers and a $25,000 encumbrance was set aside for services by Sasaki Transportation Services, Inc. The Fehr & Peers encumbrance has a sufficient balance for services anticipated through June 30, 2009. However, the Sasaki Transportation Services Inc. encumbrance has been fully expended and an appropriation of $25,000 from the Traffic Improvement Fund Balance will be necessary to continue services provided by Sasaki Transportation Services, Inc. through the remainder of the current fiscal year. BACKGROUND/DISCUSSION: In January 2009, a contract with Sasaki Transportation Services Inc. was amended to allow for continuation of traffic engineering support services related to a variety transportation project priorities set by the City Council. Sasaki Transportation Services, Inc. has been providing technical support in evaluating two regionally significant interchange projects (Lemon Avenue/SR-60 and the Grand Avenue Interchange Improvements) and assisting in the development of conceptual alternatives for the ultimate SR -57/60 solution. Their services also included assisting the City in addressing issues of concern regarding the aforementioned projects as well as the supplement to the Industry Business Center Environmental Impact Report (NFL Stadium). The efforts by Sasaki Transportation Services have been instrumental in reviewing submittals related to the proposed NFL stadium development in the City of Industry. They aided the City in providing technical responses to traffic circulation and mitigation issues presented in the Notice of Preparation and the Supplemental EIR for the NFL Stadium. The work related to this effort over the last several months was significantly expanded and resulted in an increase in expenditures for their services over the same time period. In order to continue the services of Sasaki Transportation Services, an additional encumbrance of $25,000 will be necessary to continue their support services. The attached scope of work includes services to be continued through the remainder of the 2008/2009 Fiscal Year. PREPARED BY: Rick Yee, Senior Civil Engineer Date Prepared: April 1, 2009 REVIEWED BY: Davi G. L< Director of Public Works Attachment: Contract Amendment to Sasaki Transportation Services Agreement 2 AMENDMENT NO.4 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 4 is made and entered into this day of April 2009, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Sasaki Transportation Services (hereinafter referred to as "CONSULTANT'). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide engineering services related to various roadway and freeway congestion relief strategies and projects. (iii.) The Traffic Improvement Fund will be used to pay for the consulting services described herein. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated April 1, 2009, for the engineering services related to various roadway and freeway congestion relief strategies and projects. Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 4 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 4 shall be valid and binding. Any modification of this Amendment No. 4 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Agreement shall not exceed ($25,000.00) dollars." z IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: STEVEN S. SASAKI By: City Attorney ATTEST: CITY OF DIAMOND BAR Steve S. Sasaki, P.E. Tommye Cribbins, City Clerk Ron Everett, Mayor DATE: EXHIBIT A SASAKI TRANSPORTATION SERVICES INC. April 1, 2009 vir. David G. Liu Director of Public Works City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 SUBJECT: Addendum to Professional Traffic Engineering Services Agreement, Related to Various Roadway and Freeway Congestion Relief Strategies and Projects Dear Mr. Liu: We respectfully request an addendum to our current contract to address anticipated scope of work items for the remainder of fiscal year 2008-2009. We are requesting an increase to the current contract (amendment) to address additional work that is anticipated to be needed through the end of FY 08-09. A significant amount of added work and meetings related to review of the Industry Stadium project SEIR and Final SE1Rhave been required. Added work related to review of the Industry Stadium project, and various other projects are expected to continue. Our current estimate of the required contract amendment would be an added $25,000 for work to be completed by STS (through 6/30/09). The added tasks that are cun.'en.tty anticipated are generally described below: Various tasks related to review and tracking of the Metro SR -57/60 mainline freeway improvements. Various review and tracking of the City of Industry, proposed Grand interchange improvements. On-going review and comments on the Football Stadium SEIR. There are also significant traffic operational issues that are expected to require development and evaluation. Assistance on the Lemon Avenue interchange project. This assistance includes review of projects and analyses associated with the Lemon Interchange. 11.0. 130X 31 .9 (040)376-1178 - Preparation of analyses, presentation of materials, and meeting attendance related to these projects listed above. - Completing various tasks assigned by City staff that may be related to the specific projects listed above and/or separate traffic/transportation issues. The STS hourly fees are identified in the attached Rate Schedule, however.; the fee for work completed by Steve Sasaki (our firm principal) will be at areduced rate of$150 perhour(lowerthan the standard rate of $190 per hour). Overall, most of the work identified in this proposal shall be conducted when requested by you or your representative and would be billed on a time and materials basis, since most of the specific tasks are not known at this time. Please sign one copy and return it to tis for our files. We appreciate the opportunity to be of continuing service to you and the City of Diamond Bar. Respectfully submitted, S14,15 t KI TM UN 66 PC)RTA ZION 6SKP. <<`.If"T,L'3 IJVC. Steven S. Sasaki,_P.E. Principal APPROVAL OF CONTRACT: DATE NAIVE (PRINT) SIGNATURE TITLE COMPANY tiA, AKI 111VANSP()i2TATION 814,'MACEOS, INC. Prop nliar, AddenWrldoc Traffic Study Addendum TY COUNCIL �f- Agenda # TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana e TITLE: Consideration of a Settlement Ngreement with the City of Industry regarding the 2008 Revised Industry Business Center Development Project (NFL Stadium based development project) RECOMMENDATION: Approve, contingent upon receipt of a Mutual Release from the Industry Urban Development Agency. REPORT SUMMARY: The proposed Settlement Agreement provides commitments by the City of Industry to mitigate impacts of the proposed project and provide additional community benefits, including resources for traffic mitigation, community and recreation facilities and programs, reimbursement of the City's project -related legal fees, and additional benefits as described in the agreement. BACKGROUND: In 2004, the City of Industry certified an Environmental Impact Report (EIR) for the 2004 Industry Business Council (IBC) Plan of Development, which included 4.8 million square feet of commercial, industrial, office, and retail uses. In 2008, the project's developer, known as Industry East Business Center, LLC, submitted a request to the City of Industry to modify the 2004 project to include 2.985 million square feet of office, retail and industrial space and a 75,000 seat National Football League stadium with related surface and structured parking facilities (NFL Stadium based development project). In May 2008, Industry provided notice of its preparation of a Supplemental Environmental Impact Report (SEIR) to evaluate the environmental impacts of the new project, to evaluate alternatives to the project and to identify and develop mitigation measures to address those impacts. Diamond Bar voiced its initial concerns in writing, identifying potential impacts of the project upon the community. In October 2008, the City submitted a 102 page letter outlining detailed concerns related to traffic, visual impacts, noise, and potential impacts to public safety services. In January 2009 and February 2009, the City of Industry certified the revised Final 2008 Supplemental Environmental Impact Report incorporating a Mitigation Monitoring and Reporting Program and a Statement of Overriding Cons ideratioris. On February 26, 2009, Industry approved the revised IBC plan of development. Prior to each Industry action, Diamond Bar's lawyers submitted additional correspondence to Industry raising concerns regarding the adequacy of the EIR and other project approvals. Following the City of Industry's certification of the Supplemental EIR in February 2009, the statute of limitations to initiate litigation challenging the document was due to expire on March 30, 2009. At the March 17, 2009 Diamond Bar City Council meeting, the Council authorized the City Manager and City Attorney to enter into a Tolling Agreement with the City of Industry and Industry East Business Center to extend the deadline for filing litigation. On March 26, 2009, the City of Industry City Council approved the Tolling Agreement that extends the date upon which the City of Diamond Bar may file a lawsuit from March 30, 2009 to April 23, 2009. At that same March meeting, the City of Industry approved a proposed Settlement Agreement with Diamond Bar. The purpose of the Tolling Agreement is to protect the City's right to initiate litigation while considering a proposed settlement with the City of Industry that is intended to secure the mitigation of project impacts and to provide additional benefits to Diamond Bar. DISCUSSION: The City Council is presented with the following options: 1. Direct legal counsel to Initiate litigation; or 2. Approve the Settlement Agreement: or 3. Continue the matter to a later date The California Environmental Quality Act (CEQA) requires project developers to prepare an EIR that identifies the proposed project's detrimental environmental impacts, and reduce them, if possible. If Diamond Bar chooses to initiate litigation by the April 23, 2009 deadline, the lawsuit would, among other legal claims, challenge the adequacy of Industry's Supplemental EIR. The City would then litigate its claim that the EIR does not adequately identify the environmental issues associated with the project. Ultimately, the courts would determine if the City's claims were valid. If the trial court found in favor of the City on one or more of the claims, the City of Industry would likely be required to prepare a new EIR and possibly take other actions to cure alleged deficiencies in the project approval. At that point, Industry would decide whether or not to appeal the decision or correct the court -identified deficiencies. These corrections would not necessarily result in additional mitigation measures or provide for a substantially modified project. If the trial court found in favor of the City of Industry, the EIR would stand and Diamond Bar would have to decide whether or not to appeal the decision. 2 It appears that some persons interested in this matter may have the impression that filing a lawsuit challenging Industry's EIR and project approvals will stop the project. However, the filing of a challenge would not necessarily do so. It would almost certainly delay the project as it is unlikely, but not unlawful, for the developer to proceed while litigation is pending. While CEQA requires the preparation of an EIR that identifies the detrimental environmental impacts of the proposed project and feasible mitigation measures, it does not decide whether or not a project should be built. An EIR is an informational document, designed to inform decision makers of the impacts of a project. As long as the EIR is adequate, a project may be approved, even if it has unmitigable impacts, and in this case, even if the identified environmental impacts associated with a revised project increase. As the approving authority, the Industry City Council, similar to any other jurisdiction considering the certification of an EIR, could adopt a Statement of Overriding Considerations. In effect, a Statement of Overriding Considerations states that the environmental impacts of the project cannot be fully mitigated but that the overall merits of the project outweigh any negative environmental impacts. Even a successful lawsuit challenging the validity of the CEQA documentation does not provide any assurance that the City of Diamond Bar will stop the project, or if the project proponents cure alleged deficiencies and re -approve the project, receive additional environmental mitigation measures. Furthermore, if the project ultimately goes forward, Diamond Bar will have lost the enhanced benefits negotiated by City staff and agreed to by the City of Industry in the proposed Settlement Agreement. In sum, litigation presents risks. The proposed Settlement Agreement, on the other hand, provides certainty that if the project goes forward Diamond Bar residents will enjoy improved mitigation measures and a number of community benefits that would otherwise not be available. SUMMARY OF SETTLEMENT AGREEMENT Over the past several months City staff engaged Industry in comprehensive negotiations with the objective to receive enhanced project mitigation and additional benefits for the community. The proposed Settlement Agreement is the product of extensive negotiations between the parties. In addition to the measures already provided in the conditions of project approval and in the approved mitigation measures, the proposed Settlement Agreement establishes commitments from Industry to enhance certain project related impacts and to provide additional benefits to Diamond Bar. A copy of the Settlement Agreement negotiated by City staff and legal counsel is attached. The Agreement is summarized as follows: Traffic Mitigation Fund The City of Industry will pay the City of Diamond Bar a total of $20 million to mitigate traffic issues generated by the stadium -based development project. The specific use of 3 these monies is at the sole discretion of the City of Diamond Bar. The City of Industry will be responsible for all roadway improvements in and around the stadium project. The monies will provided by Industry in five phases as construction progresses: 1. $5 million shall be deposited upon issuance of a grading permit for the stadium. 2. $2.5 million shall be deposited 24 months after the first installment, but no earlier than the first building permit for the stadium. 3. $2.5 million shall be paid concurrently with the issuance of an occupancy permit for the stadium or when the stadium becomes operational. 4. $7 million shall be deposited when the second and third installments have been 90 % expended by Diamond Bar. 5. $3 million shall be paid concurrent with the issuance of the first building permit for any retail store, restaurant, office building other than those directly related to the stadium operation. Wayfinding Signage The City of Industry will pay all costs associated with the implementation of a "wayfinding" signage program directing attendees to the project for stadium events, including permanent signage, to be installed at locations agreed upon by both parties. Public Safety Impacts • During events which exceed 25,000 attendees, Grand Avenue would retain two open travel lanes at all times to ensure the free flow of emergency vehicles. In addition, public safety personnel and resources will not be diminished in Diamond Bar as a result of the stadium or its related facilities. • Additional public safety costs associated with the project or a specific event would be borne solely by the City of Industry or stadium operator, including traffic control and a Sheriff's sub -station located within the stadium. • Establishment of a Public Safety Oversight committee comprised of representatives from the Sheriff's and Fire departments, cities of Diamond Bar and Industry and stadium personnel. The committee will provide oversight to the development and implementation of an event -day public safety plan for the stadium and immediately adjacent areas within Diamond Bar. Noise and Light Impacts • A six foot block wall and landscaped berm will be constructed to lessen visual impacts to residential neighborhoods immediately adjacent to the eastern parking area. • A "quiet zone" will be constructed at the Lemon Avenue railway crossing located just north of Lycoming Street to eliminate the locomotive horn noise for the community. 4 Community Facility Fund • The City of Diamond Bar will establish a Diamond Bar Community Facility Fund. The City of Industry will provide resources annually to the City of Diamond Bar based upon a specific detailed formula as described in the agreement. Use of these monies is at the sole discretion of the City of Diamond Bar and will be used for parks, programs and services throughout the community. Payments from Industry will be received annually in any year that the stadium is in operation. The terms of the payments are as follows: o When a minimum of 24 total events occur in the stadium the base payment shall be $700,000 or in any year that a minimum of 10 or more NFL games are played in the stadium the base payment shall be $700,000. o If the number of events exceeds 24, the base payment shall increase by $100,000. o In any year that the number of events exceeds 29, the base payment shall increase by an additional $100,000. o In any year that the number of events exceeds 34, the base payment shall be increased by an additional $100,000. For example, if the number of events in the NFL stadium in the second year of operation is 35 events, the base payment is $1,000,000. • The payment terms will be reviewed every five years based upon the cumulative annual changes in the NFL ticket price for games in the stadium. For example, if the beginning ticket price is $50.00 and the cumulative increases and decreases in the average ticket price for each of the first five years is $5.00, the percentage change is 10 percent. Therefore, the base payment of $700,000 would increase to $770,000 for years 6 through 10. The annual contributions improve each year based upon the number of events and the increases as described within the agreement. The community facility resources received from Industry are substantial and remain for as long as the stadium is operating with events, as described in detail within the agreement. The proposed annual contributions result in tens of millions of dollars expressly for the benefit of Diamond Bar residents. Recreation Facilities Fund • In addition to the Community Facility Fund proposal, the City of Industry will pay $1 million to Diamond Bar for the creation of a new athletic field at Lorbeer Middle School. If for any reason the athletic field project is not approved or completed, the monies will be placed within the Community Facility Fund. Former Honda Site • Traffic mitigation for the proposed project will require improvements to Grand Avenue and the ramps at the freeway intersection. The agreement outlines a proposal to maintain the former Honda site to a minimum of 5 acres for future development opportunities. The agreement outlines the conveyance of an 5 adjacent 1.33 acres of property to the City of Diamond Bar. A copy of the potential site plan is incorporated within the detailed agreement. Should a hotel be built on the site, transient occupancy tax revenue to Diamond Bar could equal $500,000 annually. Most Favored Entities Clause In the event the City of Industry enters into or proposes to enter into a NFL stadium related revenue-sharing agreement with one or more municipalities that exceeds this agreement the City of Diamond Bar would be entitled to the same terms. Reimbursement of Legal Fees • The agreement with Industry provides for reimbursement of Diamond Bar's legal and consultant costs up to $300,000. The provisions described within the agreement only arise if Industry commences and proceeds with development of the 2008 Revised IBC plan incorporating the NFL stadium or any other substantially comparable plan of development. In exchange for the Settlement Agreement, Diamond Bar agrees not to sue Industry or the Industry East Business Center or support any other legal challenge concerning the 2004 IBC plan of Development or the 2008 Revised IBC Plan of Development or the EIRs prepared for such plans. A Mutual Release has been received from Industry East Business Center, LLC. An additional release is forthcoming from the Industry Urban Development Agency (I U DA). Additional provisions are contained within the document attached. We believe the summary provided above provides the Council with an accurate description of the substance of the document under consideration. RECOMMENDATION: Since the initial announcement of the Industry proposal, the City of Diamond Bar has vigorously communicated its concerns to the City of Industry and participated actively in the process in order to protect the residents of Diamond Bar from the impacts of the proposed project on our community. Recognizing the project's size and scope, we have remained engaged in the process at every step, providing on -the -record correspondence and testimony outlining issues of concern to the community. We have engaged expert consultants and outside legal counsel to help guide us through this process and to protect our legal position. Extensive information regarding the proposed project has been made available at City Hall and on the City website. Diamond Bar has kept all its options open at all times, so that the City can take the action determined by the City Council to best and most prudently protect and serve Diamond Bar residents. 0 The City of Industry's willingness to enter into negotiations with Diamond Bar is significant. The agreement demonstrates their understanding of the project impacts upon Diamond Bar and needs of the Diamond Bar community. The agreement provides mitigation of impacts and revenue sharing not specifically required in the EIR. The terms of the proposed agreement will ultimately benefit the City of Diamond Bar and its residents for generations. City staff and legal staff have negotiated the settlement agreement in considerable detail. The agreement has received the approval of the City Council of the City of Industry. Any proposed modification to the agreement provides Industry with the opportunity to change any of the obligations they have already approved. On balance, as between the relative merits and disadvantages of suing versus settling discussed above, Staff recommends the approval of the settlement agreement, as submitted, as it provides for enhanced mitigation measures and significant long term benefits to the residents of Diamond Bar. Attachments: 1. Summary of Settlement Agreement 2. Settlement Agreement 3. Tolling Agreement 7 City of Diamond Bar MEMORANDUM March 27, 2009 Summary of Proposed Settlement Agreement Submitted by the City of Industry The following is a summary of the proposed settlement agreement submitted by the City of Industry regarding the City of Industry/Majestic Realty proposed NFL Stadium based development project. To view this and all documents related to the project in their entirety, visit www.cityofdiamondbar.com. For questions or comments, please contact the City of Diamond Bar at 909.839.7010 or email at info(a?ci.diamond-bar.ca.us. Background Tolling Agreement On March 26, 2009, the City of Industry City Council approved a Tolling Agreement that extends the date upon which the City of Diamond Bar may file a lawsuit from March 30, 2009 to April 23, 2009. Proposed Settlement Agreement At that same March meeting, Industry also approved a proposed Settlement Agreement. After extensive negotiations between the two cities, the proposed Settlement Agreement reflects measures to mitigate the impacts of the proposed stadium based development upon the City of Diamond Bar. The City of Diamond Bar City Council will consider the proposed agreement at its April 7 meeting. At this meeting, the City Council has the option to take the following course of action to: approve the proposed settlement agreement, continue the matter to a later date; or not accept the terms of the proposed settlement agreement and direct legal counsel to file litigation against the City of Industry. Terms of Proposed Settlement Agreement Traffic Mitigation Fund The City of Industry will pay the City of Diamond Bar a total of $20 million to mitigate traffic issues generated by the stadium based development. Use of these monies is at the sole discretion of the City of Diamond Bar and will only be used for projects located within city boundaries. The City of Industry will be responsible for all roadway improvements in and around the stadium project. The monies will paid in five phases as construction progresses: 1. $5 million shall be deposited upon issuance of a grading permit for the stadium. 2. $2.5 million shall be deposited 24 months after the first installment, but no earlier than the first building permit for the stadium. City of Diamond Bar Memorandum — Summary of Settlement Agreement submitted by the City of Industry Regarding City of Industry/Majestic Realty NFL Stadium Based Development Project March 27, 2009 2 of 3 3. $2.5 million shall be paid concurrently with the issuance of an occupancy permit for the stadium or when the stadium becomes operational. 4. $7 million shall be deposited when the second and third installments have been 90 % expended by Diamond Bar. 5. $3 million shall be paid concurrent with the issuance of the first building permit for any retail store, restaurant, office building other than those directly related to the stadium operation. Wayfinding Signage The City of Industry will pay all costs associated with the implementation of a "wayfinding" signage program for stadium events, including permanent signage, to be installed at locations agreed upon by both parties. Public Safety Impacts • During events which exceed 25,000 attendees, Grand Avenue would retain two open travel lanes at all times to ensure the free flow of emergency vehicles. In addition, public safety personnel and resources are not be diminished in Diamond Bar as a result of the stadium or its related facilities. • Additional public safety costs associated with the project or a specific event would be borne solely by the City of Industry or stadium operator, including traffic control and a Sheriff's sub -station located within stadium. • Establishment of a Public Safety Oversight committee comprised of representatives from the Sheriffs and Fire departments, cities of Diamond Bar and Industry and stadium personnel. The committee will provide oversight to the development and implementation of an event -day public safety plan for the stadium and immediately adjacent areas within Diamond Bar. Noise and Light Impacts • A six foot block wall and landscaped berm will be constructed to lessen visual impacts to residential neighborhoods immediately adjacent to the eastern parking area. • A "quiet zone" will be constructed at the Lemon Avenue railway crossing located just north of Lycoming Street. Community Facility Fund • Establishment of a Diamond Bar Community Facility Fund. Use of these monies is at the sole discretion of the City of Diamond Bar and may be used for parks, programs and services for the community. Payments will be received annually in any year that the stadium is in operation. The terms of the payments are as follows: o When a minimum of 24 total events occur in the stadium the base payment shall be $700,000 or in any year that a minimum of 10 or more NFL games are played in the stadium the base payment shall be $700,000. o If the number of events exceeds 24, the base payment shall increase by $100,000. City of Diamond Bar Memorandum — Summary of Settlement Agreement submitted by the City of Industry Regarding City of Industry/Majestic Realty NFL Stadium Based Development Project March 27, 2009 3 of 3 o In any year that the number of events exceeds 29, the base payment shall increase by an additional $100,000. o In any year that the number of events exceeds 34, the base payment shall be increased by an additional $100,000. The payment terms will be reviewed every five years based upon the cumulative annual changes in the NFL ticket price for games in the stadium. For example, if the beginning ticket price is $50.00 and the cumulative increases and decreases in the average ticket price for each of the first five years is $5.00, the percentage change is 10 percent. Therefore, the base payment of $700,000 would increase to $770,000 for years 6 through 10. Recreation Facilities Fund • Utilized for the development, operation, and maintenance of community facilities in Diamond Bar. In addition, the City of Industry will pay $1 million to Diamond Bar for the creation of a new athletic field at Lorbeer Middle School. If for any reason the project is not completed, the monies will be utilized for other City facility projects. Former Honda Site • Maintain site to a minimum of 5 acres for future development. Most Favored Entities Clause • In the event the City of Industry enters into or proposes to enter into a revenue-sharing agreement with one or more municipalities related to revenues generated by the NFL stadium, the City of Diamond Bar would be entitled to same agreement. Reimbursement of Legal Fees • Reimbursement up to $300,000 for legal and consultant fees. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made effective and entered into as of the Effective Date (as set forth on the signature page) by and between the CITY OF DIAMOND BAR, a municipal corporation ("Diamond Bar") and the CITY OF INDUSTRY, a municipal corporation ("Industry") (individually referred to herein as "Parry" and collectively referred to herein as the "Parties"). RECITALS A. The Industry Business Center ("IBC") comprises 592 acres of vacant land on the eastern edge of Industry ("Property"). The Property is owned by Industry Urban Development Agency ("IUDA") and leased to Industry East Business Center LLC, a Delaware limited liability corporation ("Industry East Business Center"). B. In 2004, Industry prepared pursuant to the California Environmental Quality Act ("CEQA") an Environmental Impact Report for the proposed development of approximately 4.8 million square feet of office, commercial, industrial, retail and other uses on the Property (the "2004 IBC Plan of Development"). C. In November, 2004, Industry certified the Industry Business Center EIR (State Clearing House No. 2003121086) (the "2004 EIR"). D. In connection with the certification of the 2004 EIR, Industry adopted mitigation measures for impacts of the 2004 IBC Plan of Development. E. In 2008, Industry East Business Center filed a request with Industry for approval of a revised Plan of Development with 2.985 million square feet of office, retail and industrial space and a new NFL stadium (the "NFL Stadium") and related facilities as part of the proposed revised project (the "2008 Revised IBC Plan of Development"). F. Industry prepared and circulated for public comment a Draft Supplemental EIR for the 2008 Revised IBC Plan of Development (State Clearing House No. 2003121086). G. On January 22, 2009, the Industry City Council considered the certified 2004 EIR and the 2008 Supplemental EIR, certified the Final 2008 Supplemental EK and adopted a revised Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for the 2008 Revised IBC Plan of Development. H. On February 26, 2009, after consideration of additional comments submitted by Diamond Bar and others, the Industry City Council certified the revised Final 2008 Supplemental EIR (the "2008 Supplemental EIR"), adopted a revised Mitigation Monitoring and Reporting Program (the "MMRP") and revised Statement of Overriding Considerations for the 2008 Revised IBC Plan of Development, and approved the 2008 Revised IBC Plan of Development pursuant to Chapter 17.24 of the Industry Municipal Code. I. Diamond Bar has provided written comments on the 2008 Supplemental EIR and the 2008 Revised IBC Plan of Development. J. Diamond Bar intends to file a petition for writ of mandate challenging on various grounds Industry's certification of the 2008 Supplemental EIR and entitlements for the 2008 Revised IBC Plan of Development. K. Were Diamond Bar to file the petition for writ of mandate, Industry would claim that the lawsuit claims are without merit. L. It is now the mutual desire of the Parties by this Agreement to fully and forever to resolve their differences and the lawsuit claims without the necessity of further investigation or litigation, and without an admission of liability by either Party. M. This Agreement, together with the 2008 Supplemental EIR, the revised MMRP and Resolution No. 2265, approving the 2008 Revised IBC Plan of Development ("Resolution No. 2265"), are intended to provide commitments of Industry regarding the mitigation of impacts from the 2008 Revised IBC Plan of Development, in addition to providing benefits to Diamond Bar unrelated to such mitigation. N. This Agreement is intended to provide an assurance to Industry that Diamond Bar will not legally challenge the 2004 EIR, the 2004 Plan of Development, the 2008 Supplemental EIR or the 2008 Revised IBC Plan of Development (the "Project Approvals"). NOW, THEREFORE, for good and valuable consideration, the receipt, sufficiency, and fairness of which are hereby acknowledged, the Parties agree as follows: I. TERMS OF SETTLEMENT AGREEMENT 1.1 Mitijzation Measures Identified in the 2008 Supplemental EIR. Industry agrees to implement or cause to be implemented the mitigation measures identified in the 2008 Supplemental EIR and the MMRP as required by Resolution No. 2265, except to the extent they are otherwise provided for herein. The Parties understand and acknowledge that in connection with the implementation of the MM" and the 2008 Revised IBC Plan of Development, it may be necessary to revise or modify one or more mitigation measures in Resolution No. 2265 and the revised MMRP or it may be determined that one or more such mitigation measures is infeasible or unnecessary due to changed circumstances. Nothing herein shall prevent Industry from modifying or amending mitigation measures or from determining that particular mitigation measures are infeasible or unnecessary as provided in the MMRP and the 2008 Revised IBC Plan of Development provided that (i) any such actions shall be undertaken in a manner consistent with CEQA, (ii) no such changes will create any new or increased environmental impact within Diamond Bar and (iii) 2 that no such changes to the mitigation measures shall affect the obligations of Industry pursuant to Sections 1.2 through 1.9 of this Agreement. 1.2. Traffic Mitigation Fund. In connection with the development of the NFL Stadium, Industry agrees that it shall pay or cause to be paid to Diamond Bar a total of $20 million ("Traffic Mitigation Fund") to be used by Diamond Bar to provide traffic improvements in Diamond Bar to address traffic to be generated by the 2008 Revised IBC Plan of Development. The Traffic Mitigation Fund shall be paid in five installments as follows: (i) the first installment in the amount of $5 million shall be paid to Diamond Bar concurrent with the issuance of the first grading permit for the NFL Stadium; (ii) the second installment in the amount of $2.5 million shall be paid to Diamond Bar 24 months following the issuance of the first installment but no earlier than the issuance of the first building permit for the NFL Stadium; (iii) the third installment in the amount of $2.5 million shall be paid to Diamond Bar concurrent with the issuance of the temporary or permanent certificate of occupancy for the NFL Stadium (or, if no certificate of occupancy is issued, when the NFL Stadium becomes operational and begins hosting events) ("Certificate of Occupancy"); (iv) the fourth installment of $7 million shall be paid to Diamond Bar when the second installment of $2.5 million and the third installment of $2.5 million have been 90% expended by Diamond Bar but no earlier than the issuance of the Certificate of Occupancy for the NFL Stadium; and (v) the fifth installment of $3 million shall be paid to Diamond Bar concurrent with the issuance of the first building permit for any retail store, restaurant or office building other than retail stores, restaurants and offices in the NFL Stadium or the NFL team practice facilities. Diamond Bar agrees that the payment of the Traffic Mitigation Fund provided by this Section 1.2 is in full satisfaction of Industry's obligation to fund transportation improvements in Diamond Bar in connection with the 2008 Revised IBC Plan of Development, including without limitation any "fair share" obligation and Diamond Bar shall indemnify, defend and hold Industry and Industry East Business Center harmless from and against any third party claims, liabilities, actions, causes of action, proceedings, suits, damages, liabilities, judgments, levies, costs and expenses of whatever nature, including reasonable attorneys' fees (collectively "Claims") arising from or related to Claims that the utilization of the funds provided to Diamond Bar as provided by this Section 1.2 have been utilized by Diamond Bar for purposes other than providing transportation improvements in Diamond Bar to mitigate traffic impacts related to the 2008 Revised IBC Plan of Development. 1.3. Public Safety Impacts. As provided for in Mitigation Measure 12-1, Industry will provide open access lanes (preliminarily determined in the 2008 Supplemental EIR to be the northbound and southbound curb lanes from Valley Boulevard to the SR57/60) for emergency vehicles along Grand Avenue during events in the NFL Stadium which exceed 25,000 attendance. In addition, the NFL Stadium operator shall provide all staffing required by the Sheriff's Department and Fire Department for events occurring at the NFL Stadium. Industry shall pay or cause to be paid funding for a way -finding program for NFL Stadium events including permanent way -finding signage, to be installed in locations agreed upon by Industry and Diamond Bar. Industry agrees that it shall form a Public Safety working group to provide oversight to the development and implementation of an event -day public safety plan for the NFL Stadium and immediately adjacent areas within Diamond Bar. The working group shall include representatives from the Sherrifr s Department, the Fire Department, Industry, Diamond Bar and the NFL Stadium operator. The working group may include additional governmental agency members as reasonably determined appropriate by Industry. 1.4. Noise and Light Imp. As provided for in the 2008 Supplemental EIR and Resolution No. 2265, Project Design Feature 1-7 provides for the installation of a berm with trees or shrub massing to screen views of the parking lots prior to the issuance of a Certificate of Occupancy. As provided for in the 2008 Supplemental EIR and Resolution No. 2265, Mitigation Measure 10-4 requires construction of a six foot sound wall prior to the first NFL Stadium event, to be located along the eastern edge of the Property near the residences. As provided for in the 2008 Supplemental EIR and Resolution No. 2265, Project Design Feature 10-17 also requires funding for improvement to the existing wall located along the west side of Brea Canyon Road beginning just north of SR -60 and extending to the northern edge of residential property south of Lycoming Street, which shall be released to Diamond Bar upon receipt of completed improvement plans. Industry shall pay or cause to be paid all costs associated with the construction or improvement of the berm, walls and landscaping as provided for in Project Design Features 1-7 and 10-17 and Mitigation Measure 10-4. Attached as Exhibit A is the conceptual plan for the berm, new sound wall and landscaping. Industry shall pay or cause to be paid up to $1 million for construction of a quiet zone at the railroad crossing north of the intersection of Lemon Avenue and Lycoming Street, as defined in 49 CFR Parts 222 and 229 [Use of Locomotive Horns at Highway -Rail Grade Crossings]. Industry shall use reasonable efforts to construct or cause to be constructed the quiet zone improvements (up to the maximum costs set forth in this Section 1.4) no later than the issuance of the Certificate of Occupancy for the NFL Stadium. 1.5. Former Honda Site. In connection with the development of the final site plan for the 2008 Revised IBC Plan of Development, Industry shall work with Diamond Bar to maintain a minimum 5 -acre site at the former automotive dealership Honda site, as identified on Exhibit B (the "Honda Site"). The Honda Site shall be designed to retain access from Old Brea Canyon Road, which is to be realigned in connection with the 2008 Revised IBC Plan of Development. A copy of the proposed site plan for the Honda Site is attached as Exhibit C. Industry shall not object to the deannexation from Industry and annexation to Diamond Bar of the portions of the reconfigured Honda Site property not within Diamond Bar as of the Effective Date. Industry shall execute or caused to be executed such applications to be submitted to the Local Agency Formation Commission ("LAFCO") to effectuate such annexation as are reasonably requested by Diamond Bar. Industry also shall cooperate with Diamond Bar on the entitlement process for the Honda Site (although the Honda Site will be within Diamond Bar and not subject to an entitlement process in Industry). Industry agrees that it will use reasonable efforts to enter into negotiations with the property owner of the Honda Site to transfer 1.42 acres of adjacent property owned or controlled by Industry located along the northwest edge of the Honda Site, as shown on Exhibit D for property of comparable value owned by the property owner of the Honda Site or the cash value of the Industry property transferred. Industry shall use reasonable efforts to complete the exchange or sale or cause the exchange or sale to be completed as provided for in this Section 1.5. In addition, Industry shall convey or cause to be conveyed to Diamond Bar, at no land cost .19 to Diamond Bar, 1.33 acres of property to the west of the Honda Site, as identified on Exhibit D. Diamond Bar acknowledges that the property conveyance will require separate actions by City Council of Industry and the Agency Board of IVDA. Except as expressly provided for in this Section 1.5, nothing herein shall require Industry to acquire any land or convey any other property to Diamond Bar. The Parties agree that the application to LAFCO for the deannexation of the applicable portion of the Honda Site will not be submitted to LAFCO until the issuance of the first building permit for the NFL Stadium. In addition, Industry's shall cause the exchange of the 1.42 acres of Industry land and cause the conveyance of the 1.33 acres of Industry land no later than the issuance of the first building permit for the NFL Stadium. 1.6. Community Facility Fund. In connection with the operation of the NFL Stadium, Industry shall pay or caused to be paid to Diamond Bar an amount, as hereinafter provided, for placement in the Diamond Bar Community Facility Fund (the "Community Facility Annual Payment"). The Community Facility Annual Payment shall be paid in any year that the NFL Stadium is in operation and hosting "events," as hereinafter defined. The Community Facility Annual Payment payable to Diamond Bar shall be determined based on a number of factors, including the number of events occurring in the NFL Stadium, the number of NFL games played in the NFL Stadium, and an adjustment based on a "Five Year Index" (as hereinafter defined), all as hereinafter provided. The base payment payable to Diamond Bar shall be determined based on the total number of events in the NFL Stadium that has occurred in a "year," as hereinafter defined (the "Base Payment"). The Base Payment also shall be subject to adjustment based on the Five Year Index, as hereinafter defined. In any year that a minimum of 24 total events occur in the NFL Stadium (whether or not there are any NFL games played in the NFL Stadium), the Base Payment shall be $700,000, as adjusted by the Five Year Index. In any year that there are 10 or more NFL games played in the NFL Stadium (whether or not there is a minimum of 24 events in the NFL Stadium), the Base Payment shall be $700,000, as adjusted by the Five Year Index. In addition, the Base Payment shall be increased (whether or not there are any NFL games played in the NFL Stadium) if the total number of events in the NFL Stadium exceeds 24 events as follows: (i) in any year that the total number of events at the NFL Stadium exceeds 24, the Base Payment shall be increased by an additional $100,000, as adjusted by the Five Year Index; (ii) in any year that the total number of events at the NFL Stadium exceeds 29, the Base Payment shall be increased by an additional $100,000, as adjusted by the Five Year Index; and (iii) in any year that the total number of events at the NFL Stadium exceeds 34, the Base Payment shall be increased by an additional $100,000, as adjusted by the Five Year Index. For example, if the number of events at the NFL Stadium in the second year of NFL Stadium operations is 30 events, the Base Payment would be $900,000; if the number of events at the NFL Stadium that year is 35 events, the Base Payment would be $1 million. The actual Community Facility Annual Payment paid to Diamond Bar shall be based on the Base Payment and shall be subject to adjustment if (i) there are less than 10 or there are no NFL games played in the NFL Stadium in any year and (ii) there are less than 24 events in the NFL Stadium. If there are less than 10 or there are no NFL games played in the NFL Stadium in a year and there are less than 24 events held in the NFL Stadium in that year, the Base Payment shall be subject to adjustment based on the ratio of the total number of events held in the NFL Stadium divided by 24. For example, if in any year of the NFL Stadium operation the NFL Team played between zero and 9 games in that year and there were a total of 19 events held at the NFL Stadium, the Base Payment shall be 19/24ths times $700,000. For the purposes of this Section 1.6, if an NFL game is a regularly scheduled home game for the NFL team playing in the NFL Stadium (pre -season or regular season) and the NFL game is played at an off-site location (e.g., the NFL team plays what would have been a regularly scheduled home game in Beijing), the NFL game shall be deemed to be an NFL game played in the NFL Stadium. The Base Payment shall be changed every five years based on the cumulative annual changes (increase or decrease) in the average NFL ticket price (as defined by the NFL) over the prior five-year period for NFL games in the NFL Stadium (excluding club seat and luxury box premium and Super Bowl tickets) (the "Five Year Index"). Ticket price shall not include any ticket taxes or facility surcharges. For example, if the average ticket price at the beginning of year 1 is $50.00 and the cumulative increases and decreases in the average NFL ticket price for each of the years in the five year period is an increase of $5.00, the percentage change is 10%. As a result, the Base Payment would increase from $700,000 to $770,000 in year 6 through year 10. The Recreation Fund shall be utilized by Diamond Bar for development, operation and maintenance of community facilities in Diamond Bar. The selection of locations for the facilities in Diamond Bar and the design and construction of the facilities shall be in the sole discretion of and the responsibility of Diamond Bar. For the purposes of this Section 1. 6, a "year" shall begin on August 1 and shall end on July 31. An "event" for the purposes of this Section 1.6 shall mean an activity utilizing the NFL Stadium field and seating (e.g., athletic events including NFL games, concerts, public assemblies, etc.) and shall not include (i) use of the NFL Stadium for non-profit or community events with attendance of fewer than 15,000 persons, (ii) use of the NFL Stadium for team practices, and (iii) use of the offices, restaurants, retail stores and other facilities within the NFL Stadium. The first payment shall be paid or caused to be paid to Diamond Bar no later than August 1 following the commencement of the first season of NFL games in the NFL Stadium, and shall thereafter be paid no later than August 1 of each year. 1.7. Recreational Facilities. Industry shall pay or cause to be paid $1 million to Diamond Bar Recreation Fund for construction of a new athletic field at Lorbeer School. If the Pomona Unified School District does not permit the construction of a new athletic field at Lorbeer School, Diamond Bar may utilize the funds for the construction of community facilities as provided by Section 1.6. This payment shall be made concurrent with the issuance of the Certificate of Occupancy for the NFL Stadium. 1.8. Most Favored Entities Clause. In the event that Industry enters into or proposes to enter into a revenue-sharing agreement with one or more municipalities (excluding Industry related entities) in connection with the revenues generated by the NFL Stadium, the terms of the rol most favorable such agreement shall be extended to Diamond Bar, provided that to the extent any such revenue-sharing agreements provide for obligations to be undertaken by the municipality, Diamond Bar shall, to the extent that such more favorable terms are extended to Diamond Bar, Diamond Bar shall agree to undertake all such obligations under the agreement. This provision shall not apply to fee for service arrangements where by an entity is provided fees for service (e.g., Sheriff's Department, County Fire Department, water agency, etc). 1.9 Reimbursement of Diamond Bar's Fees. Industry shall pay or cause to be paid up to $300,000 based on the total actual invoice amounts billed to Diamond Bar for its legal and consultant fees by way of a lump sum payment payable to the "City of Diamond Bar" delivered to Diamond Bar's City Manager within thirty (30) days following the receipt of copies of summary invoices and documentation of payment thereof by Diamond Bar. 1.10. Condition Precedent to Obligations in Sections 1.1 through 1.8 Above. It shall be a condition precedent to any and all of Industry's obligations described in Sections 1.1 through 1.8, inclusive, that there be no pending litigation against the 2004 IBC Plan of Development, the 2008 Revised IBC Plan of Development, the 2004 EIR or 2008 Supplemental EIR or any required, necessary or desired discretionary actions or approvals related to the Industry Business Center Project. In the event that there is pending litigation, Industry's obligations under this Agreement shall be suspended unless and until such litigation is concluded; provided, however, that if Industry or Industry East Business Center elects to proceed with the development of the NFL Stadium during the pendency of any such litigation, Industry's obligations under this Agreement shall not be suspended. 1.11. Obligations for 2008 Revised IBC Plan of Development Only. Industry's obligations described in Sections 1.1 through 1.8, inclusive, shall only arise if Industry and Industry East Business Center commence development of and proceed with an NFL Stadium whether such NFL Stadium is constructed pursuant to the 2008 Revised IBC Plan of Development or any other substantially comparable Plan of Development approved by Industry. In the event Industry or Industry East Business Center proceeds with a Plan of Development that does not include an NFL Stadium, including the 2004 IBC Plan of Development, Industry shall have further no obligations under this Agreement. 1.12. Retention of Pa, ments. Any payments actually made to Diamond Bar pursuant to this Agreement shall not be refundable for any reason, except that if Diamond Bar materially breaches this Agreement, then Industry may seek repayment of any payments that Industry has made or caused to be made to Diamond Bar under this Agreement. H. RELEASES 2.1. Diamond Bar Covenant Not To Sue Industry or Indus East Business Center. Diamond Bar covenants that it shall not directly or indirectly file, join in or support any legal challenge, including without limitation any legal challenge against Industry, IVDA, or Industry East Business Center, concerning the 2004 IBC Plan of Development, the 2008 Revised IBC Plan of Development, the 2004 EIR or 2008 Supplemental EIR or any required, necessary or 7 desired discretionary actions or approvals related to the 2004 Plan of Development or 2008 Revised IBC Plan of Development and shall not, thereafter oppose, challenge, or seek to hinder in any way whatsoever, whether by public opposition, petition to government authorities, or otherwise, the 2004 Plan of Development or the 2008 Revised IBC Plan of Development. Diamond Bar further covenants that it shall not support, directly or indirectly any such legal challenge by a third party, by the provision of funds, assistance of Diamond Bar staff or any other form of support to such third party. 2.2. Mutual Release. The Parties, for themselves and their predecessors, directors, officials, employees, departments, agencies, boards, commissions, successors, assigns, agents, representatives and attorneys, hereby fully release and forever discharge each other from any and all claims, demands, actions, causes of action, liens, judgments, losses, liabilities, costs, expenses, and attorneys' fees, of whatever nature, past or present or future, whether in law or in equity, whether under state or federal law, and whether known or unknown, suspected or unsuspected and whether asserted or not asserted, arising from or in connection with the Project Approvals (the "Released Claims"); provided, however, that nothing in this Agreement shall release either Party from liability for failure to perform the terms, conditions, covenants and promises set forth in this Agreement. 2.3. Waiver of Civil Code §1542. It is the express intention of the Parties in executing this Agreement that this Agreement shall be effective as a full and final accord and satisfaction and release of each other from any and all of the Released Claims. In furtherance of this intention, the Parties acknowledge that they are familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. The Parties hereby waive and relinquish all rights and benefits that they have or may have under Section 1542 of the California Civil Code or under any other law of the State of California or any federal law to the same or similar effect with respect to the Released Claims released herein. III. ADDITIONAL PROVISIONS 3.1. Effectiveness of this Agreement. The Parties acknowledge and agree that no term or provision of this Agreement shall take effect or be binding on the Parties unless and until this Agreement has been fully signed and delivered by the Parties. 3.2. Advice of Counsel. In executing this Agreement, each Party acknowledges that it has consulted with and had the advice and counsel of an attorney duly admitted to practice in the State of California, and each Party further acknowledges that it has executed this Agreement after independent investigation, of its own free choice and will, and without fraud, duress or undue influence. Each Party has investigated the facts pertaining to this Agreement to the extent such Party deems necessary, assumes the risk of mistake with respect to such facts and acknowledges that this Agreement is intended to be final and binding upon the Parties regardless of any claim of mistake. 3.3. No Admission of Fault. This Agreement pertains to disputed claims and is the result of compromise. Neither Party admits any fault or liability with respect to the lawsuit claims, and this Agreement does not constitute, and shall not in any circumstance be deemed to constitute, an admission of fault or liability by either Party. In addition, the reference to any action by any Party shall not be interpreted as evidence that such action is related to or necessary to mitigate the impacts of the 2008 Revised IBC Plan of Development. 3.4. Sole Agreement. This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter of this Agreement, and supersedes and replaces any and all prior or contemporaneous negotiations, offers, proposals, terms, representations, warranties, and agreements, whether written or oral, concerning the subject matter of this Agreement, including without limitation, the lawsuit claims. The Parties acknowledge that no other party, nor any agent or attorney of any Party, has made any promise, representation, warranty, or other inducement of any kind or nature whatsoever, written or oral, express or implied, concerning the subject matter of this Agreement, to induce the Party to execute this Agreement or for any other purpose, and each Party acknowledges that it has not executed this Agreement in reliance on any promise, representation, warranty or other inducement that is not expressly set forth in this Agreement. 3.5. Governing Law. This Agreement is made and entered into in the State of California and the Parties agree that this Agreement shall in all respects be interpreted, enforced and governed by and under the internal laws of the State of California, without resort to choice of law principles. 3.6. Enforcement of Agreement. This Agreement shall not be subject to challenge on the grounds that any or all of the legal theories or factual assumptions used for negotiating purposes are for any reason inappropriate or inaccurate. The Parties acknowledge that the terms and conditions of this Agreement have resulted from the negotiations of the Parties and that no Party shall be deemed to be the drafter or author of this Agreement, nor shall either Party be subject to any legal rules of contract interpretation which may apply to any Party that participated in the drafting of this Agreement. The language in all parts of this Agreement shall, in all cases, be construed as a whole according to its meaning and not strictly for or against any Party. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall not be deemed to be a part of this Agreement, unless such severance shall frustrate the fundamental purpose and intent of this Agreement. 3.7. Execution of Agreement. This Agreement may be executed in counterparts with the same force and effect as if executed in one complete, original document. Signatures delivered by facsimile or electronic transmission shall be accepted as though originals. 0 3.8. Representations and Warranties. Industry represents and warrants that the person who has signed this Agreement on behalf of Industry is authorized to execute and enter into this Agreement for and on behalf of Industry, and to bind Industry to the terms set forth herein, and Industry further represents and warrants that no other or further consent, approval, or signature is required to authorize the undersigned to sign for and bind Industry. Diamond Bar warrants and represents that the person who has signed this Agreement on behalf of Diamond Bar is authorized to execute and enter into this Agreement for and on behalf of Diamond Bar and to bind Diamond Bar to the terms set forth herein and Diamond Bar further represents and warrants that no other or further consent, approval, or signature is required to authorize the undersigned to sign for and bind Diamond Bar. All representations and warranties contained in this Agreement shall survive the execution, delivery and effectiveness hereof. 3.9. Third Party Beneficiaries, Obligors and Parties. This Agreement shall be binding upon and inure to the benefit of each of the Parties, and their respective representatives, heirs, devisees, successors and assigns. The only parties to this Agreement are those specifically named in this Agreement who have signed the Agreement in their own name. There are no third party beneficiaries or obligors to this Agreement, except that Industry East Business Center and IUDA are third party beneficiaries. Other than Industry East Business Center and NDA, this Agreement shall not be enforceable by any person not a Party to this Agreement, or their respective representatives, heirs, devisees, successors and assigns. 3.10. Obligation to Proceed With Project. Nothing in this Agreement shall require the City of Industry or Industry East Business Center to proceed with grading, construction and operation of the 2008 Revised IBC Plan of Development or the NFL Stadium, and the Parties recognize that the timing of grading, construction and operation of such development shall be exclusively within the discretion of Industry and Industry East Business Center, and that such grading, construction and operation of the development may not occur. 3.11. Legal Expenses. In any judicial proceeding, arbitration, or mediation (collectively, "Action") between Industry and Diamond Bar seeking enforcement of any of the terms and provisions of this Agreement, the prevailing Party in such Action shall be awarded all of its actual and reasonable costs and expenses (whether or not the same would be recoverable pursuant to Code of Civil Procedure Section 1033.5 or Civil Code Section 1717 in the absence of this Agreement), including expert witness fees, attorney's fees, and costs of investigation and preparation prior to the commencement of the Action. The right to recover such costs and expenses shall accrue upon commencement of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. 3.12. Relationship of the Parties. The Parties hereby renounce the existence of any joint venture or partnership among them and agree that nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners of the other Party to this Agreement. 3.13. Amendment to Agreement. Any amendment to this Agreement must be in writing and signed by duly authorized representatives of the Parties hereto and state the intent of the Parties to amend this Agreement. 10 3.14. Covenant Not to Sue. The Parties covenant and agree not to institute any action or other dispute -resolution proceeding based on any of the lawsuit claims that it has released under this Agreement. 3.15. Further Assurances. The Parties agree that each of them will execute and deliver to the other Party all such further documents and instruments as may be necessary and appropriate to effectuate the terms and conditions of this Agreement. 3.16. Conflict of Interest. Diamond Bar agrees that all work product, not otherwise in the public domain, prepared by its attorneys and consultants concerning the 2004 IBC Plan of Development, the 2008 Revised IBC Plan of Development, the 2004 EIR or 2008 Supplemental EIR or any required, necessary or desired discretionary actions or approvals related to the 2008 Revised IBC Plan of Development shall not be made available for any third parties opposing the 2008 Supplemental EIR or the 2008 Revised IBC Plan of Development, except as may be required by law. Further, Diamond Bar agrees that if its consent is requested to permit its attorneys or consultants to represent or work for any third parties opposing the 2008 Supplemental EIR or the 2008 Revised IBC Plan of Development, Diamond Bar agrees to withhold its consent to such representation or work. 3.17 Letter Withdrawal. Diamond Bar hereby requests the withdrawal of that certain letter dated February 25, 2009 from Jack Rubens, Esq. of Sheppard Mullin to Mr. Michael Kissell, Planning Director of Industry, together with all attachments. 3.18. Time Of the Essence. Time is of the essence of this Agreement and the performance by each Party of the obligations on that Party's part to be performed. IN WITNESS WHEREOF, the Parties hereto have executed this Settlement Agreement on the dates indicated below, effective when executed by the last of the Parties to sign the (the "Effective Date"). ATTEST: ty Xhwff,� lerk APPROVED AS TO FORM: B�y) /, / Michele R. Vadon, City Attorney 111 -A—+ -11- I I 11„a—+. 11- 11 ATTEST: City Clerk "Diamond Bar": CITY OF DIAMOND BAR, a municipal corporation APPROVED AS TO FORM: Ron Everett, Mayor By Michael Jenkins, City Attorney 12 monEW4.1 "'Irm �gq I li SEE SHEET 3 A )v -V CONCEPT GRADING PLAN LOS ANGELES FOOTBALL STADIUM EAST SIDE OF GRAND F z zap SEE SHEET 2 , C % -7, i i • i ' 1 M ZA, 21 1} ��j,�� , r y, t / � cco � I Q 1 E _ P -k- ,� L",• �� � „ S�'���i�" Ca�,i� �\\v \`\,,\\:ter. ��//��%.\ �r, r, r ,r. ��:k_ '� ,'���� �; SEE sfeET 4 CONCEPT GRADING PLAN LOS ANGELES F40TEiALi� STADIUM 3 e� 6 •' EAST SIDE OF GRAND w 5'}Of.H BERM & - - SCREEN i - - — stair uNE M I EXISANfJ _- I ENGiFE51UENCE_— .. _ - fd20lNvR-PFLWDSYD GrOVND- -j(_ 650 0 FT - 700 FT - 200 FF "GO FT 40o FT sot FT SEC TION A-1 5' 1W1 BERM & W LANDSCAPE SCREEN - CWF __.._,. .. PL -.... ;-- 700 Ex6PN0 7 t._ _ Ir.7R. FI EXLST NESIVENCE OSEO Zoo -- oFGROVNL ... fQ l7_.. _. _.. _.. �.. ..__ ..__ 650 PRO 0 FT 200 FF 306 FT 400 F•f' SECTION A-2 ..-... _.-.--. ._..__ _...... ':._.-750 X11 700 -y 684 _ I ENIST RFS,OE,Vf .500 FT 500 FT 700 "r - - - s AOS UTAM 1 M TANK P.L. WALLA E'.3p,G UROUNR _-.. PRMO CD (.Y'OfMU 0 F! 700 FT 200 FT 300 FT 400 FT SECTION A.-4 dRAPH9C S4'"ALE � P � I !f5 fNI.M-SM ANK CXIUNNC J2 fllpi f.F0UN0 �` - �_. i 9 FT Too FT 20o FT 300 FT 400 FT SECTION A-5 0 FT - 10.0 FT 200 FT SECiiON A-7 L �tICN/[ I � l i I kxlsr !;!UCNC': GRONNC e ONOVNOJ' j 0 Ft 1 W FT 2W FT SDS F I SECTION A-8 STADIUMLOS ANOELES FOOTBALL EAST SIDE OF ORAND PL 800W __ 0 - 1 xfsr aErrJr.Hcr. _ - _ _ //T ,r PROPOSED GROUND I D FT 100 SEC F'T 200 ST 300 TION A -- G FT 0 FT - 10.0 FT 200 FT SECiiON A-7 L �tICN/[ I � l i I kxlsr !;!UCNC': GRONNC e ONOVNOJ' j 0 Ft 1 W FT 2W FT SDS F I SECTION A-8 STADIUMLOS ANOELES FOOTBALL EAST SIDE OF ORAND TOLLING AGREEMENT This Tolling Agreement ("Agreement'), dated as of March ?6 , 2009 (the "Effective Date"), is entered into by and among CITY OF DIAMOND BAR, a municipal corporation ("Diamond Bar"), CITY OF INDUSTRY, a municipal corporation ("Industry"), and INDUSTRY EAST BUSINESS CENTER, LLC, a Delaware limited liability company ("IEBC"). Diamond Bar, Industry and IEBC are sometimes individually referred to herein as a "Part " and collectively as the "Parties". This Agreement is entered into with reference to the following facts and circumstances: - RECITALS A. On October 28, 2004, the Industry City Council certified a Final Environmental Impact Report (the "2004 FEIR") for a mixed-use project on 592 acres of land at the eastern edge of Industry (the "IBC Site"), which project included 4,779,000 square feet of industrial, retail, office and commercial improvements (the "2004 Plan of Development"). B. In 2008, IEBC proposed a plan of development (the "2008 Plan of Development") on approximately 512 acres of the IBC Site for a project that includes a 75,000 - seat stadium and stadium -related facilities that meet the programmatic requirements of the National Football League, 2,985,000 square feet of retail, office and other commercial improvements, and three parking structures (the "Project"). C. On September 8, 2008, Industry circulated a Draft Supplement to Industry Business Center Environmental Impact Report (the "Draft SEIR") for the Project. On January 22, 2009, the Industry City Council certified a Final Supplement to Industry Business Center Environmental Impact Report (the "Original Final SEIR") for the Project pursuant to Resolution No. 2263. On February 26, 2009, the Industry City Council certified a revised Final Supplement to Industry Business Center Environmental Impact Report (the "Revised Final SEIR") for the Project, which superseded the Original Final SEK pursuant to Resolution No. 2264. D. On February 26, 2009, following its certification of the Revised Final SEIR, the Industry City Council certified the 2008 Plan of Development pursuant to Resolution No.2265. E. Diamond Bar contends that during the administrative proceedings with respect to the Project, Diamond Bar objected to the 2004 FEIR, the Water Supply Assessment prepared by the Walnut Valley Water District with respect to the 2004 Plan of Development, the Draft SEIR, the Original Final SEIR, the Revised Final SEIR and the 2008 Plan of Development and the Industry City Council's certification or approval of, or reliance on, the same (collectively, the "Project Document "/A on numerous grounds, both orally and in writing. F. Industry filed a Notice of Determination ("NOD") with respect to the 2008 Plan of Development on February 26, 2009. 4- G. Various disputes exist among the parties to this Agreement regarding the Project Documents/Approvals. Representatives of the Parties have negotiated the terms of a Settlement Agreement (the "Settlement Agreement") pursuant to which Diamond Bar would agree not to assert any legal challenge with respect to any of the Project Documents/Approvals in consideration of certain agreements by Industry and IEBC. On March 26, 2009, the Industry City Council approved Industry's execution of the Settlement Agreement. Authorized representatives of Industry have executed and delivered to Diamond Bar three (3) originals of the Settlement Agreement. A true and correct copy of the partially -executed Settlement Agreement is attached hereto as Exhibit "A". The Diamond Bar City Council currently intends to consider the approval of the Settlement Agreement at its regularly scheduled meeting on April 7, 2009, but has not yet approved, executed or delivered to Industry the Settlement Agreement. H. Diamond Bar has informed Industry and IEBC that it intends to file a lawsuit prior to the expiration of the applicable statutes of limitation in order to preserve its rights pending its consideration of the Settlement Agreement. Industry and IEBC have requested that Diamond Bar defer filing a lawsuit and instead enter into this Agreement tolling the statutes of limitation, thereby avoiding commencement of an adversarial judicial process while consideration of a settlement is pending. Diamond Bar is agreeable to tolling the statutes of limitation in consideration for Industry's agreement that the partially executed Settlement Agreement constitutes an irrevocable offer of settlement for the term of this Agreement. I. By this Agreement, the Parties desire and intend to toll the statutes of limitations with respect to any legal claims that Diamond Bar may have that relate to any of the Project Documents/Approvals and any other discretionary or ministerial approvals with respect to the Project (collectively, the "Project Actions"), so that Diamond Bar can consider whether to approve the Settlement Agreement and the Parties can potentially avoid litigation with respect to the Project Actions. Diamond Bar desires to (i) preserve its rights to commence and proceed with judicial proceedings in connection with any or all of the Project Actions in the event that, for any reason, Diamond Bar elects not to approve and execute the Settlement Agreement and (ii) ensure that Industry cannot revoke, rescind or withdraw its approval, execution or delivery to Diamond Bar of the Settlement Agreement prior to the Diamond Bar City Council's consideration of the Settlement Agreement as specified herein. NOW, THEREFORE, in furtherance of the mutual desires set forth above, and in consideration of the mutual covenants and conditions set forth below, the Parties hereby agree as follows: AGREEMENT 1. Tolling Agreement. Each Party agrees that the running of time under any statute of limitations, or by way of estoppel or laches or any other time -related defense, with respect to any legal claim that Diamond Bar has the right to assert with respect to the Project or any Project Action, and whether such Project Action occurs prior to or following the Effective Date of this Agreement, is hereby tolled from the Effective Date until 5:00 p.m., California time, on April 23, 2009 (the "TollingPPeriod"). Each Party further agrees that, (a) if Diamond Bar commences any litigation or any other judicial proceeding of any kind, nature or description against Industry and/or IEBC with respect to any of the Project Actions (a "Diamond Bar Judicial Proceeding'), -2- the Tolling Period shall not be asserted or relied upon in any way by Industry or IEBC to compute the running of time under any statute of limitations or other time -related defense to such Diamond Bar Judicial Proceeding, and (b) with respect to any Project Action for which the applicable statute of limitations has commenced to run prior to the expiration of the Tolling Period, such statute of limitations shall be deemed suspended for the entire duration of the Tolling Period. 2. Justifiable Reliance. Industry and IEBC acknowledge and agree that Diamond Bar is justifiably and reasonably relying upon the terms and conditions set forth in this Agreement, that the statutes of limitation at issue here are subject to being tolled, and that this Agreement is enforceable in accordance with its terms. 3. No Limitations. Nothing in this Agreement shall (a) prevent or otherwise limit Diamond Bar's right to commence a Diamond Bar Judicial Proceeding during the Tolling Period, or (b) shorten or otherwise limit the statutory period for the commencement of any Diamond Bar Judicial Proceeding. 4. No Revocation Of Offer. Industry agrees that it shall not, and shall have no right or authority to, revoke, rescind or withdraw its approval, execution or delivery to Diamond Bar of the Settlement Agreement at any time prior to 5:00 p.m., California time, on April 23, 2009, in order to provide the Diamond Bar City Council with an opportunity to consider whether to approve the Settlement Agreement at a regularly scheduled meeting conducted on or before April 23, 2009. Notwithstanding the foregoing, if Diamond Bar proposes any new or different terms, conditions, or provisions from those set forth in the Settlement Agreement, Industry will have to right to similarly propose new or different terms, conditions, or provisions from those set forth in the Settlement Agreement in response to Diamond Bar's counteroffer. 5. No Commitment. Nothing in this Agreement shall constitute a commitment on the part of Diamond Bar to approve the Settlement Agreement. Diamond Bar reserves all of its discretion to evaluate the Settlement Agreement on its merits and without regard to Industry's or IEBC's expectations. It is understood and agreed that this Agreement preserves Diamond Bar's right to commence a Diamond Bar Judicial Proceeding while its City Council considers whether to approve the Settlement Agreement, but does not provide to Industry or IEBC an expectation as to the outcome of Diamond Bar's discretionary review process. 6. Miscellaneous. 6.1 Governing Law. This Agreement is made and entered into in the State of California, and the rights and obligations of the Parties shall in all respects be construed and enforced in accordance with, and governed by, the laws of the State of California. 6.2 Inte rag tion. It is expressly understood and agreed that this Agreement contains the entire agreement and understanding of the Parties concerning the specific subject matter of this Agreement, and merges, supersedes and replaces all prior discussions, understandings, negotiations, agreements, representations, conditions, warranties, covenants and all other communications between the Parties, whether written or oral, relating to such subject matter; provided, however, that nothing in this Agreement shall affect the agreements and -3- understandings of the Parties with respect to the negotiations concerning the Settlement Agreement, except to the extent such negotiations relate specifically to the tolling arrangement and covenants set forth in this Agreement. 6.3 Waiver. No provision herein may be waived unless in writing and signed by the Party or Parties whose rights are thereby waived. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. This Agreement may be modified or amended only by written agreement executed by all of the Parties. 6.4 Binding Effect. This Agreement shall bind, and shall inure to the benefit of, the Parties and their respective successors and assigns. 6.5 No Third Parties Benefited. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the Parties or their respective successors and assigns, any rights or benefits under or by reason of this Agreement. This Agreement is for the sole benefit of the Parties. 6.6 Preparation of Document. Each Parry has cooperated in the drafting and preparation of this Agreement and, accordingly, the normal rule of construction to the effect that ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation of this Agreement. 6.7 Attorneys' Fees. In the event that any litigation shall be commenced concerning this Agreement or any Parry's alleged breach of this Agreement, the prevailing party in such litigation shall be entitled to recover, in addition to such other relief as may be granted, its reasonable costs and expenses, including without limitation attorneys' fees and court costs, whether or not taxable, as awarded by a court of competent jurisdiction. 6.8 No Admission. Neither the execution of this Agreement nor any of the provisions herein shall operate in any way as an admission of fact, liability or responsibility by any Party in any way regarding the subject matter of this Agreement; provided, however, that the foregoing restriction on admissions of fact shall not apply with respect to (a) any legal action to enforce the terms of this Agreement or (b) Diamond Bar's response or defense to any claim by Industry and/or IEBC that any Diamond Bar Judicial Proceeding was not filed in a timely manner. In addition, this Agreement may not be introduced into or be admissible in any judicial proceeding other than (c) a judicial proceeding to enforce the terms of this Agreement or (d) a Diamond Bar Judicial Proceeding in which Industry and/or IEBC alleges that such Diamond Bar Judicial Proceeding was not filed in a timely manner. 6.9 Counterparts. This Agreement may be executed in counterparts, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 6.10 Authori . Each Party represents and warrants that all legal action necessary for effectuation and execution of this Agreement has been validly taken and that the individuals whose signatures appear below on behalf of each Party are duly authorized to execute this Agreement on behalf of the respective Parties, and to bind them to the terms hereof. M IN WITNESS WIiEREOF, the Parties have executed this Agreement as of the date first above written. APPROVED AS TO FORM: "Industry": By )4ce—1 /. OV Michele R. Vadon, City Attorney INDUSTRY EAST BUSINESS CENTER, a Delaware limited liability company By Majestic Realty Co., a California corporation, its manager By APPROVED AS TO FORM: "Diamond Bar": LM Michael Jenkins, City Attorney CITY OF DIAMOND BAR, a -5- EXHIBIT "A" PARTIALLY -EXECUTED SETTLEMENT AGREEMENT FEW o �.L'rUhi'tIM1%ZM1� \ fyai VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK PiAFROM: Uifi i�t� DTE:4- ADDRESS: (' ��[� ORGANIZATION:�/LG AGENDA#/SUBJECT:' I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. r Signature F This document is a public record subject to disclosure under the Vubiic Records Act. r. GIT ()F \�58 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/S U BJ ECT: CITY CLERK DATE: q L-7 U C •,2. PHONE: q"�2 1 e(ol ---2 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. AT F 1J 11311 Hill �t)RIt B.T� lsg VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: -7�o i L� 111 DATE: ©�D!'D� ADDRESS: 02 � • uc n a HP ONE:($O )(Mo 397(o ORGANIZATION: %CA' I,tJY`lt AGENDA#/S U BJ ECT: 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 ure This document is a public record subject to disclosure under the Public Records Act. It✓gq VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 114 F( Gia DATE: G% 1-7— G 9 ADDRESS: �� 9�d�n�����rs �� ONE: ORGANIZATION: a2Gi l �c C/Gl �f �.� v` X,, � Co r; 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. //6� 4;�lz Signature This document is a public record subject to disclosure under the Public Records Act. 'IT] (21T) I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: I , 0 ��- � � DATE: 67 U cj ADDRESS: 1 l i Ci U e� - PHONE: 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. c Signature This document is a public record subject to disclosure under the Public Records Act. �GRIRnt� lyaq VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK DATE: FROM: f,i�.-�, _ � �-! 4,/ -2 ADDRESS: Y� /u, ti sy,�,: PHONE: it, -1 ftv � �j, ORGANIZATION: AGENDA#/SUBJECT: 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. 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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. Signatur This document is a public record subject to disclosure under the Public Records Act. '•vruen nat/ 1989 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJ ECT: d Co ` 1 l &)3 DATE: ? Z DP-`� C , _Q0 PHONE f, z 90 j yw .5� �l q expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. r a Signature This document is a public record subject to disclosure under the Public Records Act. carr 'LrIN1Y,0.r�/ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK f >` FROM: ��i/��� /�GC cc�� DATE: ADDRESS: Og ,"i1�y� PHONE:�'��� 7� G ORGANIZATION: AGENDA#/SUBJECT: �d expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. LSignature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK I�Gcu-zI at , L,, -,-' —DATE ORGANIZATION: AGENDA#/SUBJECT: PHONE: M e1(1- 4 7-7 � I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. , 0 < Signature This document is a public record subject to disclosure under the Public Records Act. �•FIY1M�� ryg VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: � 1:?X- 2 ZZOOA&YO� DATE: d ADDRESS: �Z, &M- 60��lb 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. Si ature This document is a public record subject to disclosure under the Public Records Act.