HomeMy WebLinkAbout04/21/2009City of
Diamond Bar
City Council Agenda
Tuesday, April 21, 2009
5:00 p.m. - Study Session
6:30 p.m. - Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Ron Everett Carol Herrera
Mayor Mayor ProTem
Wen P. Chang Jack Tanaka Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
April 21, 2009
Next Resolution No. 2009-12
Next Ordinance No. 02 (2009)
STUDY SESSION: 5:00 p.m., Room CC -8
Goals and Objectives — Discussion and Action. (Continued from
April 7, 2009)
11110. Parks Master Plan — Discussion and Action.
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Mark Hopper,
Evangelical Free Church
ROLL CALL: Council Members Chang, Tanaka,
Tye, Mayor Pro Tem Herrera, Mayor
Everett
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming April 19 -25, 2009 as "Safety Seat Checkup Week".
1.2 Proclaiming April 26 - May 2, 2009 as "National Crime Victims'
Rights Week".
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business
hours.
April 21, 2009 PAGE 2
1.3 Presentation of Certificate Plaques to Golden Springs Elementary School,
Diamond Ranch High School and Pantera Elementary School - "Leading
School Recycling Advocate" Awards.
BUSINESS OF THE MONTH:
1.4 Presentation of City Tile to Domino's Pizza, 1383 S. Diamond Bar Blvd. as
Business of the Month, April, 2009.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Public Safety Update — Sheriff's Department
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 Parks and Recreation Commission Meeting — April 23, 2009 — 7:00 p.m.,
AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.2 Arbor Day — April 24, 2009 — 9:00 a.m., Pantera Elementary School, 801
Pantera Dr.
5.3 Planning Commission Meeting — April 28, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 City Council Meeting — May 5, 2009 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes - Regular Meeting of April 7, 2009 — Approve as
submitted.
April 21, 2009 PAGE 3
6.2 Planning Commission Minutes:
(a) Regular Meeting of February 10, 2009 - Receive and file.
(b) Regular Meeting of February 24, 2009 — Receive and file.
(c) Regular Meeting of March 10, 2009 — Receive and file.
6.3 Traffic and Transportation Commission Minutes — February 12, 2009 -
Receive and file.
6.4 Ratification of Check Register — Dated April 2, 2009 through April 15,
2009 totaling $634,473.50.
Requested by: Finance Department
6.5 Receive, Accept and File Proposition A Local Return Fund,
Proposition C Local Return Fund and Transportation Development
Act Article 3 Annual Financial Report for Fiscal Years Ending June
30, 2008 and 2007.
Recommended Action: Receive, Accept and File.
Requested by: Finance Department
6.6 Approve Donation of Trailer to the Walnut Valley Unified School
District for Use by the Diamond Bar High School Marching Band.
Recommended Action: Approve.
Requested by: City Manager
6.7 (a) Adopt Resolution No. 2009 -XX: Granting Consent and
Jurisdiction to the County of Los Angeles in the Matter of County
Lighting Maintenance District 10006 and County Lighting District
LLA -1, Diamond Bar Zone, City of Diamond Bar, Petition No. 182-
1107 (Mobile Home Development at Terminus of Washington St.).
Recommended Action: Adopt.
(b) Adopt Resolution No. 2009 -XX: Joint Resolution of the Board
of Supervisors of the County of Los Angeles; the Board of Directors
of the Greater Los Angeles County Vector Control District; the Board
of Directors of the County Sanitation District No. 21 of Los Angeles
County (County Sanitation District No. 21); the City Council of the
City of Diamond Bar; the Board of Directors of the Three Valleys
Municipal Water District; the Board of Directors of the Walnut Valley
Water Improvement District No. 5 Approving and Accepting the
Negotiated Exchange of Property Tax Revenues Resulting from
April 21, 2009 PAGE 4
Annexation of Petition No. 182-1107 (Mobile Home Development at
Terminus of Washington St.) to County Lighting Maintenance District
10006.
Recommended Action: Adopt.
Requested by: Public Works Department
6.8 Authorize the City Manager to Purchase Hewlett Packard Desktop
Computer Replacement Hardware and Software from CDWG, in an
Amount Not to Exceed $65,476.05 and Authorize the Equipment
Being Replaced to be Disposed of as Surplus Property.
Recommended Action: Authorize and Approve Disposal.
Requested by: IS Department
6.9 Notice of Completion:
(a) Approve Notice of Completion for the Traffic Signal
Interconnect Links — Phase I Project.
Recommended Action: Approve.
(b) Approve Notice of Completion for the Grand Avenue Street
Improvement Project — Phase III.
Recommended Action: Approve.
Requested by: Public Works Department
6.10 Approval of Maintenance Agreement with CalTrans for a Portion of
Proposed Landscaped Median Along Pathfinder Road East of the
State Route 57.
Recommended Action: Approve.
Requested by: Public Works Department
6.11 Approve Updated Program Policies for the City's Home Improvement
Program.
Recommended Action: Approve.
Requested by: City Manager
April 21, 2009 PAGE 5
PUBLIC HEARINGS: None.
COUNCIL CONSIDERATION: None.
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. SS1
CITY OF DIAMOND BAR
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
From: Ryan McLean, Assistant to the City Manager
Date: April 21, 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
Agenda No. SS2
April 21, 2009
Study Session Staff Report
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana er {{
TITLE: PRESENTATION OF PARKS & RE'CREATION MASTER PLAN UP -DATE
RECOMMENDATION
Receive presentation from staff and the consultant team and provide direction.
OVERVIEW
The Parks Master Plan is an element of the City's General Plan that serves as a resource
document for the City Council and staff to make decisions on future plans for park development
and recreation programming in Diamond Bar. The original Parks Master Plan document was
adopted by the City Council in March, 1998. To stay current with community needs, it is
necessary to up -date the Parks Master Plan every ten years. A tremendous amount of research,
data collection and public input are needed to up -date the document. The City Council approved
the awarding of a contract to Matlock Associates to assist staff with this effort.
BACKGROUND/DISCUSSION
Matlock Associates has completed the following items to obtain public input:
1. Conducted community kick-off meeting in August 2008 to start the Parks Master Plan input
process. Written surveys completed by meeting participants.
2. Written surveys similar to those completed by the meeting participants were made available
at the Diamond Bar Center. A total of 311 of these written surveys were completed and
submitted.
3. Conducted 6 intercept surveys at City parks and Diamond Bar schools. These surveys
involved interviewing people who were at that park and school location about their opinion of
parks and recreation facilities and programs.
4. Conducted 32 stakeholder interviews in September / October 2008.
5. Received written surveys from the eleven youth and adult sports organizations using
Diamond Bar athletic facilities on a regular basis.
6. Received on-line surveys from 165 people.
7. Received 239 written surveys from senior citizens, including 35 completed in mandarin.
8. Completed a scientifically valid telephone survey of 500 residents.
The results of this input have been analyzed and a community Demand Analysis and Needs
Assessment have been developed. The Power Point presentation includes discussion on the
April 21, 2009
input received, the demand and needs assessment, and recommendations that have been
developed by the Parks and Recreation Commission Parks Master Plan sub -committee.
Staff and the consultant team are seeking feedback from the City Council on progress made so
far on the Parks Master Plan.
NEXT STEPS
1. Develop recommendations and policies
2. Prepare implementation strategies
3. Recommend Organizational Structure
4. Timeline & Funding for Capital Improvements
SCHEDULE
Adopt the up -dated Parks Master Plan by September 2009.
Attachment: Power Point Presentation
PRE D Y:
Bob PZ66e
Director of Community Services
April 21, 2009
Diamond Bar Parks & Recreation Master Plan
Thomas G Matlock Associates
roto rn
➢ Community Input
➢ Demand & Needs Assessment
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
slower pace
seen remarkable growth within the Asian pop
Current population is a majority of young families, but the population will
age over the next 20 years and there will be an increase in the senior
population
Schools play an important role in both education and recreational
opportunities for the community.
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
is ■ s.■ ■ ■ �.■ v� ■ � v v �.■ .� rev .� v .�� ■ -■ ■ v � ■■
Community Inj2ut Included:
3
➢ A General Public Input Workshop
p p
➢ Stakeholder Interviews "
ez
i'
➢ Citywide Community Phone Surve11 Ell -'My
➢ Web & Community Written Surve sR
Sports Group Questionnaire
➢ Focus Workshop for Sports Groups
➢ Focus Survey for Senior Citizen Groups
➢ Park Site and Facility Visit Intercepts
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
)usehol
vithin tr
.lnt of households had visited a loca
or cultural activities and 22% had
;ide of Diamond Bar for recreation c
,ithin the past year.
Residents most frequently get information about local
parks and recreational activities from the Diamond Bar
Weekly News (39%) and the Community Recreation Guide
(23%).
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
hiking & jogging are the recreation activit
)ortant to residents with over 65% of the
lse'activities on a regular basis.
The most requested programs & activities included health/fitness
classes; library programs; cultural activities; city-wide events;
and programs specifically targeted for seniors, adults, teens and
children. All of these programs got a 70% response rate or
higher.
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
$148 annual increase
$118 annual increase
$88 annual increase
$58 annual increase
VA
49% 39% 12%
50%
58%
•S , P
44%
37%
31%
6%
5%
5%
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
Groups want dedicated facilities for soccer, softball, and
baseball for league and tournament play
Soccer, Baseball & Football need lighted fields
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
Breakdown of Senior Club participation:
Diamond Bar Senior Citizen's Club 47%
Diamond Age Seniors 16%
Evergreen Senior Club 15%
Sunshine Seniors <10/o
None of the above 21%
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
Walnut
Claremont
266 ac dedicated parkland = 3.4 acres per 16",--
97
flQ
97 ac dedicated parkland = 3.0 acres per 1000
138 ac dedicated parkland = 4.3 acres per 1000
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
Diamond Bar Park & Recreation Master Plan -Thomas G Matlock Associates
s
fond Bar is below averE
ghborhood & communit
population and below t
3 acres per 1000 populatior
Suggestions from the PK & Rec Commission & Project Team Meeting
➢ Create more "pocket parks" in the hilly areas
➢ Explore Park Bond for acquiring additional land for parks
➢ Explore joint development opportunities with schools and other agencies
➢ Pursue annexation opportunities to secure land for parks
➢ Consider relocation/acquisition of golf course for park purposes
➢ Consider undeveloped land adjacent to Diamond Ranch HS for park purposes
➢ Insure that when new development takes place sufficient park land is acquired
Diamond Bar Park & Recreation Master Plan -Thomas G Matlock Associates
Suggestions from the PK & Rec Commission & Project Team Meeting
➢ Consider joint use development with little league (now Pony League)
➢ Try to define possible locations for a sports complex
➢ Light more existing fields
➢ Explore use of artificial turf to extend playing time
➢ Reconfigure and/or add more fields to existing school & park sites
➢ Consider joint development with other agencies
➢ Consider putting fields on top of parking structures
➢ Build a new sports complex when new development takes place
Diamond Bar Park & Recreation Master Plan Thomas G Matlock Associates
Suggestions from the PK & Rec Commission & Project Team Meeting
Form a Senior advisory committee
➢ Work through a Non -Profit to develop a dedicated Senior Center
➢ Consider a new Senior Center at Summit Ridge Park making it multi-purpose for
Senior activities during day & adult classes at night
➢ Consider allowing Senior Clubs to expand their use of Diamond Bar Center to deliver
more services
➢ Develop outdoor space for Senior activities
Diamond Bar Park & Recreation Master Plan - Tomas G Matlock Associates
ig trails, as these activities wer
important among both facilities
in all of the public input tools.
Suggestions from the PK & Rec Commission & Project Team Meeting
➢ Form citizen volunteer groups to develop and maintain new trails
➢ Expand urban walkway program
➢ Get businesses to sponsor trails
Seek more trail grants
➢ Make developers include trails in future developments
➢ Continue to include perimeter paths around neighborhood & community parks
➢ Open middle school & high school tracks for public walking on weekends
➢ Designate trail loops on urban walkways with mile markers
Diamond Bar Park & Recreation Master Plan - Thomas G Matlock Associates
the Library system is County, n
kd, and past efforts for a new Libr
Suggestions from the PK & Rec Commission & Project Team Meetiing
➢ Consider joint -use agreements with college libraries
➢ consider seeking State Grant funding for joint -use Library & Community Center at
Summit Ridge Park
➢ Work with County to expand existing Library if Fire Station relocates
➢ Consider combining the Library with another facility (Senior Center/Teen
Center/Performing Arts Center or Community Center) to increase support for a
future Bond issue
➢ Design concessions into the plan for a new Library (cafe, tea room, gift boutique,
rental space, wedding gazebo, etc) to generate revenue to offset cost for Library
Diamond Bar Park & Recreation Master Plan - Thomas G Matlock Associates
Suggestions from the PK & Rec Commission & Project Team Meeting
➢ Consider a Parks & Facilities City -Wide Assessment District with annual CPI
increase
➢ Consider a Park Bond to develop new facilities
➢ Form a non-profit parks & recreation community foundation that the public can
donate to
➢ Design advertising and sponsorship opportunities for City facilities
➢ Allow people to purchase park equipment and amenities in memory or as a
dedication
➢ Include a Park Impact Fee, in addition to parkland dedication, on new
development
Diamond Bar Park & Recreation Master Plan - Thomas G Matlock Associates
Suggestions from the PK & Rec Commission & Project Team Meeting
➢ Annex property into the City and preserve an appropriate amount of open space
➢ Look for open space preservation grants to acquire more open space along the
hillsides
➢ Preserve trails and open space when new development takes place
➢ Pursue acquisition & development of passive pocket parks within hillside
developments
Diamond Bar Park & Recreation Master Plan - Thomas G Matlock Associates
orts.
Suggestions from the PK & Rec Commission & Project Team Meeting
➢ As funding permits expand joint -use agreements with schools and add fields to existing sites:
• Add a baseball field and soccer field to Diamond Point Elementary School
• Add two soccer/football fields and two overlay baseball fields to Golden Springs School
• Add a soccer/football field and a baseball field to Armstrong School
• Add a soccer/football field and three overlay baseball fields to Maple Hill Elementary
• Add three overlay soccer/baseball fields at Walnut Elementary
• Add three overlay soccer/baseball fields to South Pointe Middle School
• Add lights to field at Sycamore Canyon Park
Diamond Bar Park & Recreation Master Plan - Thomas G Matlock Associates
Suggestions from the PK & Rec Commission & Project Team Meeting
➢ When a new sports complex is developed design it to accommodate community
events also
➢ Bring in concessions at events to make them cost neutral
➢ Partner with service organizations & local businesses to sponsor events
Diamond Bar Park & Recreation Master Plan - Thomas G Matlock Associates
Any Questions?
Diamond Bar Park & Recreation Master Plan
Thomas G Matlock Associates
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 7, 2009
CLOSED SESSION: 5:00 p.m., Room CC -8
No. Government Code Section 54956.9(c) — Initiation of Litigation, One Case
Public Comments on Closed Session Agenda — None offered.
STUDY SESSION:
6:00 p.m., Room CC -8
► Goals and Objectives - Discussion and Action — Continued to April 21, 2009.
Public Comments: None Offered.
CALL TO ORDER: Mayor Everett called the regular City Council meeting
to order at 6:31 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley
Dr., Diamond Bar, CA.
CA/Jenkins reported that during tonight's Closed Session no reportable action was
taken.
PLEDGE OF ALLEGIANCE: Mayor Everett led the Pledge of Allegiance.
INVOCATION: Dr. Ahmad H. Sakr, Ph.D, Islamic Education Center
gave the invocation.
ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve
Tye, Mayor Pro Tem Carol Herrera and Mayor Ron Everett.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services
Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Greg
Gubman, Acting Community Development Director; Ken Desforges, IS Director; Ryan
McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly
Molina, 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 C/Tye presented Certificates of Recognition to D.B. Students and teacher
coordinators who participated in the 2009 Inland Valley Regional Spelling
Bee sponsored by the Diamond Bar Friends of the Library.
1.2 MPT/Herrera proclaimed the month of April 2009 as "DMV/Donate Life
California Month" and presented the proclamation to Sabrina Ho.
APRIL 7, 2009 PAGE 2 CITY COUNCIL
1.3 C/Tanaka proclaimed the month of April 2009 as "Sexual Assault
Awareness Month" and April 22, 2009 as Denim Day." With no one
present to accept, it was announced that the Proclamation would be
mailed.
1.4 C/Chang proclaimed April 12-18, 2009 as "National Library Week" and
presented the Proclamation to Judy McCasland, D.B. Librarian. Ms.
McCasland presented the Mayor with a book that he would be reading at
the library.
NEW BUSINESS OF THE MONTH:
1.5 M/Everett presented a Certificate Plaque to Dr. Ta Siu, for East 180
Cuisines of China, 23525 Palomino Dr., as New Business of the Month for
April 2009.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Don Sutton, 1107 North Moonlight Summit Dr.,
asked what was being done about the landslide at Sunset Crossing.
4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to
Mr. Sutton that since the property suffered damage it remains in disrepair as a
result of pending litigation which is now drawing to a conclusion. Once the
litigation concludes staff anticipates that the homeowners, who are ultimately
responsible for the repair of the hillside, would come together to develop a
project to restore the property to its former state.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Traffic and Transportation Commission Meeting — April 9, 2009 — 7:00
p.m., AQMD/Government Center Auditorium, 21865 Copley Dr.
5.2 Easter Egg Hunt — April 11, 2009 — 10:00 a.m., Pantera Park, 738 Pantera
Dr. with Pancake Breakfast at 8:30 a.m.
5.3 Planning Commission Meeting — Tuesday, April 14, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 City's 20th "Spirit of Diamond Bar' 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.
APRIL 7, 2009 PAGE 3 CITY COUNCIL
6. CONSENT CALENDAR: C/Tye moved, MPT/Herrera seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera
M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES:
(a) Study Session of March 17, 2009 — Approved as submitted.
(b) Regular Meeting of March 17, 2009 —Approved as submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES:
(a) Special Meeting of February 23, 2009
(b) Regular Meeting of February 26, 2009
6.3 RATIFIED CHECK REGISTER — Dated March 12, 2009 through April 1,
2009 totaling $1,724,727.86.
6.4 APPROVED TREASURER'S STATEMENT — Month of February 2009.
6.5 ACCEPTED $10,016 DONATION FROM THE DIAMOND BAR
COMMUNITY FOUNDATION AND APPROPRIATED $10,016 TO THE
RECREATION SERVICES CAPITAL EQUIPMENT BUDGET FOR
FISCAL YEAR 2008/09 FOR PURCHASE OF FOUR (4) PITCHING
MACHINES TO BE USED IN THE BATTING CAGES AT PANTERA AND
PETERSON PARKS.
6.6 APPROVED 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.
6.7 APPROVED NOTICE OF COMPLETION FOR THE 2008/09
COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP
INSTALLATION PROJECT IN THE VICINITY OF NEIL ARMSTRONG
ELEMENTARY SCHOOL.
6.8 APPROPRIATED $25,000 FROM THE TRAFFIC IMPROVEMENT FUND
AND APPROVED 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.
APRIL 7, 2009 PAGE 4 CITY COUNCIL
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 CONSIDERATION OF SETTLEMENT AGREEMENT WITH THE CITY OF
INDUSTRY REGARDING THE 2008 REVISED INDUSTRY BUSINESS
CENTER DEVELOPMENT PROJECT (NFL STADIUM BASED
DEVELOPMENT PROJECT).
CM/DeStefano made a PowerPoint presentation summarizing the
proposed settlement agreement detailing the commitments the City of
Industry must do to mitigate the 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 as well as additional
benefits. He then went on to provide a brief of history of events
surrounding the EIR.
CM/DeStefano stated that during the March 17, 2009 D.B. City Council
meeting, the City Council authorized the City Manager and City Attorney
to enter into a tolling agreement with the City of Industry and the Industry
East Business Center to extend the deadline for filing litigation. On March
26, 2009 the City of Industry's City Council approved the tolling agreement
extending the time period on which D.B. may file a lawsuit from March 30,
2009 to April 23, 2009. Also at the same meeting, the City of Industry
approved a proposed Settlement Agreement with the City of D.B. The
purpose of the tolling agreement is to protect D.B.'s right to initiate
litigation while D.B. considers the proposed Agreement with the City of
Industry. The Settlement Agreement is intended to secure the mitigation
of project impacts as well as provide additional benefits to D.B.
CM/DeStefano stated that tonight the City Council is presented with three
options: 1) to direct legal counsel to initiate litigation; 2) approve the
Settlement Agreement as proposed; 3) continue the matter to a later date.
CM/DeStefano then went into detail, explaining each option and outlined
the following items within the proposed Settlement Agreement that would
directly benefit D.B.
1) A traffic mitigation fund in the amount of $20 million to mitigate traffic
issues generated by the stadium based development within the City.
2) Public Safety Impacts mitigation
3) Noise and Light Impacts mitigation
4) D.B. Community Facility Fund funded by Industry
5) Recreation Facilities Fund of $1 million for creation of a new athletic
field at Lorbeer Middle School
6) Protection of a minimum of 5 acres for future development (former
Honda site) and possible conveyance of an additional 1.3 acres to the
APRIL 7, 2009 PAGE 5 CITY COUNCIL
City of D.B.
7) Most Favored Entities Clause
8) Reimbursement of Legal Fees up to $300,000 for legal and consultant
fees.
The provisions described within the Agreement only arise if Industry
commences and proceeds with the development of the so-called 2008
revised IBC Plan which incorporates the NFL Stadium or any other
substantially comparable plan of development. In exchange for the
Settlement Agreement, D.B. agrees not to sue Industry or the Industry
East Business Center or support any other legal challenge concerning the
2004 development proposal or the 2008 development proposal and
mutual releases expected should the settlement agreement be approved.
Staff's recommendation is to approve the Settlement Agreement subject to
receiving the Mutual Release from the Industry Urban Development
Agency. Since the initial announcement of the City of Industry project, the
City of D.B. has vigorously communicated its concerns to the City of
Industry and has actively participated in the process in order to protect the
residents of D.B. from the impacts of the proposed project. Recognizing
the project's size and scope, D.B. has remained engaged in the process at
every step providing on -the -record correspondence and testimony
outlining issues of concerns to the community. The City of D.B. has
engaged expert consultants and outside legal counsel to help guide it
through the process and protect its legal position. Extensive information
regarding the proposed project has been made available at D.B. City Hall
and on the City's Website for more than a year. D.B. has kept all options
open at all times so that the City could consider and take action
determined by the City Council to be the best and most prudent to protect
and serve the D.B. residents. City of Industry's willingness to enter into
negotiations with D.B. demonstrates their understanding of the proposed
projects' impacts upon D.B. and the needs of the D.B. community. The
agreement provides mitigation of impacts and revenue-sharing not
specifically required by the EIR. The terms of the agreement will
ultimately benefit the City of D.B. and its residents for generations. City
and their legal staff have negotiated the settlement agreement that is
being recommended to the City Council in considerable detail. The
agreement has been approved by the City Council of the City of Industry.
It should be noted that any proposed modification to the agreement would
provide the City of Industry with an opportunity to change any of the
obligations to which they have already agreed. In reviewing the relative
merits and disadvantages of suing versus settling as discussed, staff
recommends approval of the settlement agreement as submitted as it
provides for enhanced mitigation measures and significant long-term
benefits to the residents of D.B.
M/Everett opened the meeting for Public Comments:
APRIL 7, 2009 PAGE 6 CITY COUNCIL
Cecilia Bolbolian, 309 N. Pintado Dr., cited the City's General Plan as
being opposed to the spirit and intent of the proposed project and asked
the Council to fight for the City's vision and to litigate and not mitigate.
Grace Lim -Hays, 21323 Cottonwood Ln., said she was very disturbed
about this proposal and asked the Council to please litigate for a new EIR.
Ling -Ling Chang, 3232 Bent Twig Ln., an active and long-time resident,
said that based on observations and logic, the project is in the City of
Industry and the residents cannot forget the choice is not between a
stadium or an empty lot, it is between an already approved project that will
generate more daily traffic than the stadium's 35 game days. At this
juncture, the stadium will be built whether residents want it or not. From
her perspective the City has two choices: 1) lose $300,000 in attorney's
fees just to delay the project; or 2) get everything proposed in the
settlement agreement. Either way, the stadium will be built. She felt the
residents should compare the proposed stadium to The Rose Bowl rather
than to The Forum. She felt the benefits would outweigh the negatives.
Virginia Pina, 23433 Robinbrook PI., said she supported the NFL Stadium
project.
Frank Satullo, 20949 Ambushers, supported the Council's decision and
commended the Council for its good decision despite the threats and
character assassinations by outside influences that are not in the best
interest of this community. He resented the interference of people from
other cities who promote their agenda's during D.B. City Council meetings.
He has known MPT/Herrera since they were neighbors in 1966 and he
has great respect for her and knows that she has dedicated herself to the
best interests of the community she serves. People can have differing
opinions on matters of concern and should respect others' opinions and
not resort to character assassinations.
John Forbing, Charwood PI., said he is proud of his community and
believes the Council has done a good job recently and he too believes in
mitigating and not litigating. Litigation is the most ridiculous thing the City
can do. He complimented CM/DeStefano and his staff for the wonderful
job they have done in negotiating this settlement and hoped the Council
would vote yes on this matter tonight so that the community could move
forward for the good of its youth.
Tom Ramos, 1028 Jason PI., said he felt this project was much needed for
the community and congratulated everyone involved.
Robert Hunt, 1750 Ano Nuevo Dr., spoke in favor of the stadium project
and said he was proud of the Mayor and City Council.
APRIL 7, 2009 PAGE 7 CITY COUNCIL
Kiran Saluja, 21240 Sunwood Dr., thanked the Council for patiently
listening to speakers and wished the Mayor and Council the best. On
February 27 the Council posted on the City Website a message that they
were opposed to the project until the concerns were mitigated to the City's
satisfaction. She has studied this matter and feels there is a lot more
room for negotiations. She did not understand the noise mitigation portion
of the proposal. The citizens are still concerned and felt the City was
correct to litigate and should continue to litigate for a better settlement.
Raul Galindo, 1252 Blenarm Dr., thanked and commended the City staff
for doing a great job on the settlement which he supported. He said he
was in favor of the NFL and the stadium project that would revitalize the
City.
Fred Encinas, 610 Skyline Dr., felt that the City's staff and Council had
done a great job in mitigating this settlement. At the same time, there are
items that have been negotiated that should have a base CPI increase.
He suggested that banners be placed throughout the City to advise
residents they have time to comment before the next Council meeting.
Eileen Ansari, 1823 Cliffbranch Dr., thanked Council and staff for working
on the beginnings of mitigation. She is not opposed to the project but
does not favor the project until mitigation is completed. She said she was
concerned about what type of events would be acceptable and she too
wondered about tailgating; the number of people that would be entering
and exiting the stadium and how the noise mitigation would be addressed.
She wondered if there would be a limit on alcohol consumption and
rowdiness. She felt $20 million would not mitigate the traffic. She urged
the Council to continue this matter for further consideration. Caltrans may
not contribute to this project and D.B. may be asked to pay a portion of the
bill.
Dr. Ron Sigler, 22839 Dry Creek Rd., referred to a front page article in the
San Gabriel Valley Tribune about the street closure and evacuation of
some businesses due to a gas leak on Valley Blvd. within a few blocks of
Grand Ave. A 1998 traffic study indicated 19,000 people would use the
street daily and he was sure the figures were much higher today. No
mention was made about traffic moving in and out of D.B. What will
happen to the peace and quiet of the City and what affect will lighting have
on its citizens. He asked the Council not to sell out the beauty, peace and
quiet of D.B. for the commercial whims and greed of the City of Industry.
John Semcken, Vice President, Majestic Realty, development partner in
charge of the NFL stadium project in the City of Industry, said that over the
past several months he has been very involved with the citizens and staff
of D.B. He and his staff have given dozens of presentations to community
groups, business organizations, concerned citizens, charitable organiza-
APRIL 7, 2009 PAGE 8 CITY COUNCIL
tions, social organizations, politicians and members of the D.B. staff.
During every presentation the common theme was "how do we turn the
proposed stadium project into a win-win for D.B. and the City of Industry
and Majestic. As always, the greatest concern was traffic impacts from
the project and the quality of life for the people of D.B. Majestic received
hundreds of pages of comments to the SEIR and recommendations on
how to improve the project and decrease the impacts on the City.
Majestic has worked very closely with City staff and congratulated the City
on the quality of its staff and the Council for having the political courage to
trust that staff will properly analyze and then forcefully negotiate on behalf
of the Council and the citizens of D.B. Staff has estimated the cost of the
improvements and has ensured that the money will be there when the
improvements are constructed. Finally, staff negotiated ongoing benefits
for the City, its citizens and its programs that will grow as the project
grows. The plan that was put into action over a year ago for ensuring the
proper environmental impacts were analyzed, studying the Draft SEIR,
providing comments and negotiating a settlement to ensure that the
mitigations were in place to handle the impacts of the project is a model
for cities throughout California. The citizens of D.B. should be proud of
their elected officials and their staff for ensuring that impacts of the project
will be mitigated and that the City of D.B. will benefit for years to come.
He encouraged Council to validated staff's hard work and vote to approve
the settlement agreement.
Todd Isackson, 3040 La Paz Ln., urged the Council to initiate litigation and
bring the City back to its current quality of life. He does not believe the
NFL would be happy to see all of the opposition to the proposed project.
Mitchell Haimov, 21715 Santaquin Dr., read from the City's Legal
Counsel's letter outlining concerns with the EIR. He stated that
CM/DeStefano did not address the fact that anything in the proposed
settlement agreement would resolve those problems. Counsel made it
clear that there are pervasive troubling problems with the CEQA process
for the proposed statement. Tonight the Council would reach agreement
that would eliminate its objections to the proposed project in exchange for
minor re-routing of Old Brea Canyon Road, a wall, a berm, other minor
things and many millions of dollars. The proposed settlement is entirely
inadequate to mitigate the horrendous traffic impacts that even the flawed
CEQA document admits will result from the stadium project and does not
even begin to address many of the other significant impacts identified in
the document. Therefore, because he felt the stadium would adversely
and permanently affect the quality of life in D.B. asked the Council to
please support Walnut in their lawsuit rather than undercutting them.
Tamara Otting, 228 EI Vado Rd., respectfully requested that the Council
vote against the proposed stadium. She said she was concerned about
traffic and the safety of her children. $20 million is not a very substantial
APRIL 7, 2009 PAGE 9 CITY COUNCIL
amount in this economy. D.B. was established in 1989 and has been fine
without professional sports money. If D.B. needs money then the
community needs to come together to provide the funds as it has done
over the years. D.B. will lose its charm as one of the top ten cities. It is the
Council's responsibility to do what is right for the citizens of this
community and it should look beyond the temporary fix of $20 million.
Peter Pirritano, 918 Terrace Lane West, spoke in support of the proposed
stadium and in support of the City's due diligence on behalf of the citizens
and families of D.B. He encouraged completion of the settlement
agreement that would benefit the City of D.B. and its residents. It is the
Council's leadership and commitment that has made D.B. the great
community that it has become and Council Members can count on his
vote at the next election.
Reverend Ted Meyers, 671 Great Bend Dr., spoke in opposition to the
stadium.
Richard Toombs, 760-D N. Golden Springs Dr., spoke in favor of the NFL
Stadium.
Gene Doss, 23806 Chelame Dr., reiterated his support for the proposed
stadium and felt the proposed agreement was more than generous. He
hoped the Council would support the agreement in consideration of the
majority of residents who supported the stadium.
Lorna Tate Wilson, 556 Great Bend Dr., thanked CM/DeStefano and his
staff for the agreement and said she supported the stadium and recreation
support for Lorbeer Middle School. She has children who are actively
involved in sports in the area and it would be nice to have investment in
the City's youth.
George Davidson, 2342 E. Wagon Trail Rd., stated that he canvassed his
neighborhood handing out more than 200 flyers asking residents to attend
tonight's Council meeting. He found that about 60-70% of residents were
absolutely in support of the project and the other 30-40% said they were
not against it, but were concerned with the traffic issue. From personal
observation the vast majority of citizens are in support of the stadium
project.
William Bryan, 3 Rancho Vista PI., Phillips Ranch, serves on the D.B.
YMCA Board, Jr. All-American Football Program Board and coaches
baseball, basketball, football and track in the City. He also has children
that attend school in D.B. and at Lorbeer Middle School. While traffic is a
problem in southern California he knows that growth is occurring. He felt it
was very important to support the kids and that studies show that
elementary activities are going away. The YMCA is working hard to raise
APRIL 7, 2009 PAGE 10 CITY COUNCIL
money to hold physical education classes in 28 schools because kids
need that kind of activity. If D.B. can get more support for Lorbeer
stadium and other schools and parks, we believe we can help the kids be
healthier. He thanked the Council for all it is doing for the community.
Kim Chapman, 22713 Happy Hollow Rd., thanked Council for its hard
work. This is about the kids and their future. She stated that it sounds to
her like Majestic is a very nice company but one cannot compare D.B. with
the blighted downtown LA. She said she was not against the stadium and
did not promote litigation but she does not believe this project has been
mitigated. She urged the Council not to sign the agreement and instead
force the City of Industry to do the right thing.
Michael Brown, 733 Bonnie Claire, Walnut spoke in favor of the proposed
project and its benefits to the community and the youth. He said he was
amazed by staff's ability to come up with this type of agreement.
Reon Moag, 21719 Lost River Dr., said that things and times change and
he is glad that the City is represented by this Council acting on behalf of
the residents. He believes the Council will take the information provided
by staff and apply it in a very just manner for the good of the community.
He also represents San Gabriel Valley Jr. All-American Football and felt
everyone could benefit from the use of the stadium in some way including
the money that would be available to the youth from this agreement.
Edmond Bolbolian 309 N. Pintado Dr, said he was disturbed by the slide
program presented by staff in an attempt to sell to the community of D.B. a
project that would negatively impact the City over the long term. He
believed that all efforts to stop this project were futile but at least D.B.
could demand that a new EIR be submitted by an unbiased agency in
order to determine the true affect on the community.
Lew Herndon, 22853 Rio Lobos Rd., speaking as a private citizen said he
has concerns about the stadium. He and his neighbors live on a hill that
has direct line -of -site to the stadium and will be subjected to extreme light
and sound from the stadium. He proposed that the Council negotiate a
curfew of 11:00 p.m. to be placed on loud noise and extreme lighting at
the stadium. He hoped the stadium would plant hundreds of trees to help
with air quality. The City of D.B. is extremely deficient in parkland and
sports fields. Representatives for the stadium have repeatedly stated that
they "intend" to build a place that would accommodate the City's youth
sports program. As the Council is aware, D.B. has been working on
updating the Parks Master Plan. He believed the City should press the
stadium owners to commit in writing what they will do for the children on
their property provided the stadium is built. He is pleased in general with
the negotiations to date and would like to see the aforementioned minor
refinements added.
APRIL 7, 2009 PAGE 11 CITY COUNCIL
Sam Guillaume, 505 Navajo Springs Rd., said he has heard good
arguments on both sides of the issue this evening and is in support of the
project.
Nef Cortez, 947 S. Longview, said he was in support of the Council
individually and as a group because it has served first and foremost the
interest of D.B. The settlement agreement addresses most of the issues
that are of concern to the residents and he commended staff for
negotiating a good agreement. He urged support of the settlement
agreement this evening.
Andrew Wright., 527 Deep Hill Rd., said he realized the project would
move forward but was concerned about the mitigation of pollution during
construction, especially for residents who live immediately adjacent to the
project. He requested that the Council postpone their vote and attempt to
contact some of the residents to let them know what is happening. He felt
that burglaries and traffic would increase and read statistics about
incidents related to stadium attendees.
Jim Hays, 21323 Cottonwood Ln., spoke about how the type of fans
attracted to events held at the stadium would damage the City and said
that residents were not aware of the ramifications of the proposed
stadium. He felt citizens had not been adequately informed about this
project and that the Council Members were elected to represent all of the
people of D.B., not just the few that would benefit from youth sports. He
asked the Council to postpone their decision and use the City News to
inform the residents about this issue.
Andrew Wong, 901 Golden Spgs. Board President of the Pomona Unified
School District thanked D.B. liaisons Jack Tanaka and M/Everett for
attending school board meetings to keep the Board updated about City
events. During discussions with parents and school groups the benefits
for schools and students in D.B. and Pomona are seen through the money
that goes to Lorbeer for field improvements that will increase the use and
benefit to students. With respect to the Stadium, the school district has
looked into and is exploring partnerships with Majestic and the City of
Industry with respect to the use of other fields at the stadium site so that
PUSD students will be able to use those sites for their activities as well.
He urged the City Council to adopt the settlement agreement.
Vinod Kashyap, 21452 Chirping Sparrow, stated that he was impressed at
the quality of the analysis that CMIDeStefano and his staff have done on
this issue and on that basis he would recommend that the Council vote for
the agreement.
Don Sutton, 1107 North Moonlight Summit Dr., said he was opposed to
the stadium because it would create traffic nightmares for the City.
APRIL 7, 2009 PAGE 12 CITY COUNCIL
Mike Shay, 1042 Capen Ave., said it looks like this project is almost a
done deal and he commended the City Council Members for their
cooperation, compliance, commitment and most importantly for their
common sense and overall professionalism. He also commended
Majestic Realty and the City of Industry for their cooperation, their
commitment and professionalism and that their word is good and they will
stand behind their commitments to D.B.
Ron Clark, 20940 Ambushers St., Board Member for the Pacific Crest
Drum & Bugle Corps, said his organization is very supportive of Majestic
Realty and their foundation that supports and helps many community
organizations and non-profit groups.
Carolyn Elfelt, 21119 Silver Cloud Dr., congratulated the City Council on
the agreement before them tonight for the proposed NFL Stadium. Since
moving to D.B. in 1980 traffic has continued to increase and since the
opening of Grand Ave. the residents have lived with hundreds of
thousands of cars passing through the City and there has never been a
source of income to mitigate traffic until now. She also serves on the
Walnut Valley School Board and that in addition to having traffic mitigation
the students of Lorbeer and the children of the entire community who use
the Lorbeer field will all benefit from the funding thanks to the efforts of the
City's negotiator. This is a perfect example of how schools benefit when
cities, areas and regions prosper. She sent kudos to staff under the
leadership of CM/DeStefano for providing the Council with this excellent
agreement.
Karen Wade, 4395 Palo Cedro Dr., has been involved with the Girls'
Softball League for many, many years and understands the problems the
City is having with its parks and recreation procuring money for the City.
However, she is disappointed and sad that she may be looking at a
parking lot. She wanted the City Council to postpone its vote until the
residents are told what is going on.
Ronni Levine, 2173 E. Buckskin, Walnut, and D.B. business owner, said
she was very concerned about the traffic that would seriously impact her
business and that most of the concerns about this project have not been
addressed in the settlement agreement.
Lydia Plunk, 1249 S. Diamond Bar Blvd. PMB 194, said that the City has
the opportunity with a project of this magnitude to receive financial
assistance and should not let it go by the wayside. She felt that anything
the City could do to soften the impacts would be appreciated. The project
is good for this area and if this project is delayed it may be lost. Unless
the City Council believes it can get a better deal it should adopt the
resolution.
APRIL 7, 2009 PAGE 13 CITY COUNCIL
With no further comments being offered, M/Everett closed the Public
Comment portion of the item.
MPT/Herrera thanked the 42 individuals who spoke and made their
concerns known to the Council. She completely understood many of the
concerns. She understands those who are frustrated with too many cars —
they want the quiet rolling hills, the country living that is in the Vision
Statement. She stated that in 1966 when she moved to D.B. that was the
situation. There were 7,000 people who lived in D.B. and there was no
Diamond Bar Blvd., there was no Grand Ave., there was no 57 freeway
and there was no 60 freeway. It was beautiful. Residents saw the rolling
hills, heard the long -horn cattle crashing their horns as dusk fell. D.B.
finds itself in the middle of a major transportation corridor — a goods
movement corridor. We are located where we are located. We have the
57 and 60 freeways, two major freeways that dissect this community.
350,000 cars pass through that intersection every day. You see the
trucks; you see the trucks with the containers. Our region is growing and
in the southern California area, particularly the San Gabriel Valley. In 15
years there will be another 10 million people who will live in California and
most in southern California because that is where the better jobs are; that
is where the more affordable housing is. Actually, the more affordable
housing is in San Bernardino and Riverside Counties but the better paying
jobs are in Orange County and so people and cars will continue moving
through the 57/60 corridor. Vehicles will still cut through D.B. and we will
still have major accidents on the freeways and cars will still come down
Diamond Bar Blvd. to avoid the accident. D.B. is impacted and will
continue to be impacted with or without the stadium because of the
changes that are happening — changes that D.B. cannot control and
residents cannot control. The best that D.B. can do is to try to work with
those who can help us make the changes better by focusing on working
with federal and state legislators to get funding to fix the 57/60 interchange
allowing traffic to move more smoothly through the area and not impact
this community. Some people want the City Council to file a lawsuit
believing that will be the end-all action that is required to stop this project.
It will not stop the project. To file a lawsuit forces the City of Industry to
complete a new EIR which they will and then they will build the project.
Meanwhile, D.B. loses all of the negotiation items that your
representatives have worked on and gathered to date — the items that are
on tonight's agenda for approval. D.B. would end up being the big loser
should it take that course of action. This is a project that is located in
another City — it is not within the City limits of D.B. D.B. does not own the
beautiful rolling hills on the other side of the freeway that everyone enjoys.
D.B. does not own it and neither to the residents. It is owned by a private
entity that has a right given by California Courts to develop its property.
And if there is no stadium there will be a development on that property.
The EIR has been approved, it was approved in 2004. There will be a
project. And that project brings thousands more cars than what the
APRIL 7, 2009 PAGE 15 CITY COUNCIL
was to "be sure and defend the residents' interest" and he believed that
the agreement before the City Council does that. Even a Walnut resident
said "we need to do the right thing" and he believed the City had the
opportunity to do the right thing. It is best to state that if individuals are
against this project there is nothing that will be said to convince those
individuals otherwise. If individuals are for this project there is nothing that
will be said to convince those individuals otherwise. It is a very divisive
issue — there is no gray area. It seems like D.B. has more than its share
of divisive issues. One of the speakers at the last meeting said "we need
to consider the long-term benefits to D.B." and he felt this was the
opportunity to do that. When he thinks about what the City is faced with
people said tonight that $20 million is not enough, when one contemplates
that the $200 plus million that has been estimated to fix the 57/60
interchange, that will be a drop in the bucket. But this $20 million that is
being discussed is specific to D.B. It has nothing to do with the 57/60
interchange. Last month MPT/Herrera and staff members were in
Washington, D.C. to lobby legislators for funds to get the 57/60
interchange done. These are two separate issues. He believed the most
important thing was that this agreement speaks to payments in perpetuity,
payments that run with the stadium. When Diamond Bar Honda decided
to leave they left nothing behind but an empty building, from which D.B.
gets nothing. In this instance, as long as the stadium exists in this location
the people of D.B. will benefit. There will be funds available for projects in
D.B. for people that have not been born yet and for people who have not
yet moved to D.B. This will benefit D.B. residents long after this Council is
gone. This is an annuity for the well-being of the residents of D.B. now
and into the future. He felt this agreement was accomplished because
this Council and staff had a vision. He agreed that CM/DeStefano is the
best at what he does. This was done with the Council's guidance and
direction. A comment was made tonight that there is no need to "abruptly
sign this agreement". Your City Council and staff have been working on
this and negotiating and remember that the position of this Council was
that it was opposed unless mitigated — this Council is opposed unless it
could get to the point where it could look in the face of the people of D.B.
and say this is the best this City Council could do with what was available
for the community of D.B. and he believed that had been accomplished.
One of the speakers talked about the crime, traffic and drunk drivers this
project would bring to D.B. It made him think about Deputy Rick Wright
being hit by a drunk driver that had absolutely nothing to do with the
stadium. It is a fact of life. This is a commuting community and residents
have to put up with these things and do the best we can do while trusting
law enforcement to see that those kinds of things do not happen. How
many people realize that the City of Industry provided the land that
Diamond Ranch High School sits on? How many people in the community
realize that the City of Industry spent millions of dollars to grade that land?
How many people realize that the City of Industry that purchased the Boy
Scout property continues to make that property available to them? That's
APRIL 7, 2009 PAGE 16 CITY COUNCIL
a good neighbor. People can disagree on whether this is the right location
and how this will impact the lives of residents and how we will need to
adapt and adjust. However, he believed it was inappropriate to demonize
the parties that are involved. The Majestic Foundation and their
philanthropic efforts that this community will benefit from — talk about the
NFL and the NFL Foundation and the players that come to communities
and support that community and surrounding Boards, programs, kids,
education. Through this process and certainly during the last three
meetings reasonable people can agree to disagree agreeably. C/Tye said
he believed this was the best the Council could do and it is the best that
has been negotiated and was willing to support the agreement tonight.
C/Tanaka thanked staff for doing such a wonderful job in negotiating with
the City of Industry and Majestic Realty and especially CM/DeStefano and
ACM/Doyle and legal counsel, CA/Jenkins. As everyone heard earlier this
was a period of time when all were challenged with personal feelings
about decisions that would impact residents for a very long time. After
considering staff's reports, project presentations, public comments,
emails, personal conversations and legal counsel, he believed that the
City Council had provided staff with the input and direction needed to
protect the residents of D.B. All of the impacts that were considered
including traffic, public safety, light and noise, community facilities funds,
recreation facilities funds and all of the supplemental guarantees that were
negotiated, he believed the Council had done the best job it could do.
Understanding that a lawsuit would not guarantee that the project would
not move forward, the Council wanted to make sure that residents were
protected today and for the future. In making his decision this evening he
had to consider what the greatest benefit for the majority of D.B. residents
would be and again, not only for today but for the future.
C/Chang thanked the residents who have come before the City Council to
express their views and appreciated their concerns. He thanked staff and
legal counsel for working with the City Council and the residents in the
best interests of the City of D.B. This is a big project and during his 11
years of service only one other project garnered such interest. The City
Council understands that this project will affect residents now and in the
future so the Council was determined to pursue the best interest of the
City and its residents. Residents understand that this City Council was
opposed to the EIR and proceeded to disclose the information to the
public using every means at the City's disposal. The Council's opposition
was simply that the EIR did not fulfill the best interests of the City of D.B.
because it did not address mitigation of traffic and other impacts to the
City of D.B. including air, noise, aesthetics, etc. The Council's decision
was twofold — whether to negotiate with the City of Industry and Majestic
Realty or move forward with a lawsuit. The Council instructed staff and
legal counsel that if the City of Industry could not meet the City's
requirements it would proceed with the lawsuit. D.B. is fortunate that the
APRIL 7, 2009 PAGE 17 CITY COUNCIL
City of Industry on March 24 delivered a package to D.B. indicating it
would mitigate the concerns except for the traffic problems affecting the
freeways, which is a separate issue. The City of Industry agreed to
mitigate the local traffic concerns and included many other benefits for the
City. Staff's presentation was designed to inform the public about what
the City would receive through the settlement agreement. He reiterated
the terms of the settlement agreement. During the past 20 years the City
has been incorporated it has made decisions that have kept it in sound
financial condition. Without many funding tools the City is fortunate to
have a reserve every year. The City does not have redevelopment and
does not have much open land for building and there is no continuity of
funding resources, always a concern of staff and the Council. If D.B. does
not have continuity of funding resources it is very difficult to compete with
other cities for revenue resources. The City Council Members understand
that it cannot please all of the people with every decision but we believe
that the decisions made this evening will address the best interests of the
super majority of its residents for now and in the future.
M/Everett said the Council has listened to the concerns of its citizens and
read every letter received. Everyone has a Right to speak and he
respects and appreciates every position presented and thanked residents
for being respectful. If the Council votes to approve the settlement
agreement it is a written defined baseline. The Reality is that jurisdictions
and authorities are very important and the process is very complex. Fiscal
budgeting and Responsibility is not trivial and this City has had a heritage
of doing those things very well — not perfect but very well. One of the
items he is deeply concerned with and when he accepted the opportunity
to serve, it was a key factor — and that is, the team members that are in
the fight — the staff, Council and community. This is a great City with great
teams. He heard concerns about a subject he shares and that is public
safety. One cannot put value on a life. Change is coming and in the last
two years he has watched public safety officials and authorities do great
work and he is committed to that continuing. He pointed out that included
in the settlement agreement is the "establishment of a public safety
oversight committee" that includes the Sheriff's Department, Fire
Department, D.B. and Industry and the stadium personnel. Along with the
City and his colleagues he is committed to providing better public safety
with the resources available. Reference was made tonight and during
previous meetings and in the mail he received that the Council needed to
vote the way it needed to vote but also alluded to the fact that those
individuals, depending on how the vote goes, were keeping a record and
may or may not vote for the current Council Members in the future. He
exclaimed that he wanted to serve and he wanted to be re-elected but he
was not willing to compromise his conscience and the best interest of D.B.
The way he votes and the consequences of his vote he leaves to the
residents. He hoped that no one would leave angry and would consider
that there is a lot within the settlement agreement and a lot to come to the
APRIL 7, 2009 PAGE 18 CITY COUNCIL
City in the future. The Responsibility is to protect and save lives
considering the potential of projects around the area. He said he has high
regard and respect for the efforts that MPT/Herrera and others have put
into goods and traffic movement issue on a local, state, regional and
federal level. In referring to all of the public comments, one gentleman
stood out. Ming Lein said at the last Council Meeting that "if you build it,
they will come. It's not what comes, but what one does with the
opportunity." Mr. Lein challenged the Council to deal with the problems
and make the opportunity real and significant. This opportunity can
provide a great entertainment possibility for many and funds for the City's
discretion and opportunities not otherwise available. This agreement can
be a baseline for a relationship that can continue as the City works with
developers in the area benefiting all concerned.
C/Tye felt it was important to understand that some people feel that by
filing a lawsuit that challenges the EIR/SEIR it would stop the project
which is not true. It might delay the project but it would not stop the
project. If it isn't the stadium project it will be a warehouse project. He felt
it was important for people to understand that the filing of a lawsuit would
delay the project and not stop it. The first thing a judge would likely do
would be to recommend that all parties negotiate toward a settlement. In
this instance, D.B. has saved a judge the burden of telling all parties to go
negotiate. The City has negotiated in good faith and has done its very,
very best possible toward implementing a useful agreement for the City of
D. B.
MPT/Herrera moved, C/Chang seconded, to approve a Settlement
Agreement with the City of Industry regarding the 2008 revised Industry
Business Center Development project (NFL Stadium based development
project) contingent upon receipt of a Mutual Release from the Industry
Urban Development Agency.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
MPT/Herrera, M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang spoke about the Easter Egg Hunt on Saturday, April 11 and the City
Birthday Party on Saturday, April 18. He urged staff to expedite its application for
stimulus funds. He again thanked the residents for sharing their concerns and
their time.
APRIL 7, 2009 PAGE 19 CITY COUNCIL
C/Tanaka attended the Contract Cities monthly meeting hosted by the City of
Claremont and the Miss Diamond Bar Pageant and congratulated the 16
participants.
C/Tye said it was a pleasure to spend time at last month's California Contract
Cities meeting with Supervisor Don Knabe. Supervisor Knabe was as outraged
as this Council at the theft of the two memorial benches and has now doubled
the $1000 reward to $2000. He participated with the administration and his wife
at Diamond Ranch High School as it underwent their accreditation review. It is
exciting that in 2004-2005 then Mayor Zirbes asked him to participate in the
Library Task Force and although the library is not the greatest library building it is
what the City has to work with. It was always Bob's goal to make it the best that it
could be. One of the identified goals was to get a shared parking agreement with
the local businesses and that agreement is now under negotiation with a nearby
business. He hoped residents would participate in the
Friends of the Library 16th Annual Wine Soiree on April 19. He thanked everyone
for their participation tonight.
MPT/Herrera stated that as a representative of the League of California Cities
Environmental Quality Committee she attended a meeting that was primarily
about four or five different bills making their way through the State legislature
with provisions for assessing a tax fee on plastic bags that major supermarkets
use to bag groceries. For the sake of the environment the State is hoping to
completely do away with plastic bags. Everyone should be aware that this may
be coming down the road.
M/Everett thanked and acknowledged two educators from two school systems
who received special recognition from the San Gabriel Branch of the NAACP —
Mrs. Helen Hall, a 24 -year WVUSD Board Member and Dr. Thelma Melendez de
Santiago, Superintendent, PUSD. He displayed a photograph of the 16
participants in the Miss Diamond Bar Pageant and recognized the individual
board members. He thanked the participants and congratulated the winners.
The Friends of the Library do a great job and the Spelling Bee is a model event
that everyone can be proud of and encouraged everyone to attend the Wine
Soiree. He acknowledged the testament of those who received donations from
the Donate Life California. The Sexual Assault Awareness and Denim Day on
April 22 are serious issues in this society. It will be a treat for anyone who
participates in the great dining experience at the East 180 Cuisine. Remember
the Easter Egg Hunt and Pancake Breakfast on April 11 and the City's 20th
Birthday Party on April 18.
APRIL 7, 2009 PAGE 20 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Everett adjourned the
regular City Council meeting at 10:25 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of '2009.
RON EVERETT, MAYOR
Agenda No. 6.2(a)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 10, 2009
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathy Nolan, Vice
Chairman Tony Torng, Chairman Steve Nelson.
Absent: Commissioner Jack Shah was excused.
Also present: Greg Gubman, Acting Community Development Director;
Katherine Laufenburger, Senior Planner; and, Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of Regular Meeting of January 27, 2009.
VC/Torng moved, C/Nolan seconded to approve Consent Calendar item 4.1
as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING:
7.1 Development Review No. 2007-25 — Under the authority of Diamond Bar
Development Code Section 22.48, the applicant requested approval to
FEBRUARY 10, 2009
PAGE 2 PLANNING COMMISSION
construct a three-story, 9,513 square foot single family residence with an
attached 1,802 square foot garage on an existing 1.06 acre Rural Residential
(RR) zoned parcel with a consistent underlying General Plan Land Use
designation of Rural Residential (RR).
Project Adddress: 2706 Indian Creek,
(Tract 23483, Lot 102 APN 8713-036-018)
Diamond Bar, CA 91765
Property Owner: Basant Bhatia
17753 Via San Jose
Rowland Heights, CA 91748
Applicant: Pete Volbeda
615 E. Benson Avenue, Unit C
Upland, CA 91786
SP/Laufenburger presented staff's report and recommended Planning
Commission approval of Development Review No. 2007-25 based on the
Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
Chair/Nelson asked if there was discussion or consideration of
recommending a variance to bring the home closer to the street to reduce
the grading. SP/Laufenburger responded that in this particular case the
applicant at first submitted a request to reduce the front yard setback. After
proceeding through the design process with staff over a period of time the
applicant concluded that the project could meet the front yard setback and
still maintain the rear yard setback with the same improvements resulting in
reduction of grading.
There were no ex parte disclosures.
Chair/Nelson opened the public hearing.
Pete Volbeda, applicant, explained the proposed, design. He stated that he
read staff's report and concurred with the conditions of approval.
Chair/Nelson closed the public hearing.
C/Lee moved, C/Nolan seconded to approve Development Review
No. 2007-25, based on the Findings of Fact, and subject to the conditions of
FEBRUARY 10, 2009 PAGE 3 PLANNING COMMISSION
approval as listed within the resolution. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
7.2 One -Year Time Extension For Vesting Tentative Tract Map 53430,
Conditional Use Permit No. 2002-01, Variance No. 2005-03 And Tree
Permit No. 2005-10 — Under the authority of DBMC Sections 21.20.050, the
applicant submitted a request for an extension of time to file the Final Map
for Tentative Tract Map 53430. The Tentative Tract Map was approved on
February 21, 2006, with a three (3) year time period to record the final map.
On July 25, 2008, Senate Bill 1185 went into effect and automatically
extended the expiration date on existing Vesting Tentative Maps for twelve
(12) additional months past their expiration dates. The projected filing of the
Final Map may be delayed beyond this 4year approval period. The time
extension will provide an additional year until February 21, 2001, for the
applicant to file the Final Map.
Project Address: Directly south of Rocky Trail Road and Alamo
Heights Drive and west of Horizon Lane APN
No's: 8713-023-002, 8713-012-04, 8713-023-
005, 8713-023-004 and 8713-024-002.
Property Owner: Millennium Diamond Road Partners, LLC
3731 Wilshire Boulevard, Suite 850
Los Angeles, CA 90010
ACDD/Gubman requested that at this time the Planning Commission
continue this matter to the next meeting date of February 24, 2009, in order
to allow staff an opportunity to properly re -notice the project.
There were no ex parte disclosures.
Chair/Nelson opened the public hearing.
There was no one present who wished to speak on this matter.
Chair/Nelson closed the public hearing.
FEBRUARY 10, 2009 PAGE 4 PLANNING COMMISSION
C/Nolan moved, VC/Torng seconded, to reopen the public hearing and
continue the matter to February 24, 2009. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, VC/Tomg, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
a. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
VC/Torng thanked ACDD/Gubman and staff for providing him with information on
the proposed NFL Stadium because it is an important matter for the City's
consideration. He said he liked today's presentation that included photographs of
the project from all sides.
Chair/Nelson said he wished C/Shah a speedy recovery.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Planners Institute — March 25-27 2009 — Anaheim California
ACDD/Gubman said that the City would pay for Commissioners to attend
and Commissioners are requested to respond their intentions via email.
9.2 Public Hearing dates for future projects.
ACDD/Gubman stated that in addition to consideration of Tentative Tract
Map 53430, there will be two additional review applications for new single
family homes within "The Country Estates," one on Steeplechase and one on
Indian Creek.
Chair/Nelson asked the status of the proposed AERA project.
ACDD/Gubman responded that staff has had no communication with AERA
Energy in almost a year. The applicant and the City reached an impasse on
a number of issues and with the down turn in the economy the project may
not be coming before the Commission any time soon.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
FEBRUARY 10, 2009 PAGE 5 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Nelson adjourned the regular meeting at 7:17 p.m.
The foregoing minutes are hereby approved this 10th day of March, 2009.
Attest:
Respectfully S fitted,
Greg Gubman
Acting Community Development Director
T0
W-116 ng, Ch. rman
Agenda No. 6.2(b)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 24, 2009
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA
91765.
PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice
Chairman Tony Torng, Chairman Steve Nelson.
Also present: Greg Gubman, Acting Community Development Director;
Katherine Laufenburger, Senior Planner; Stella Marquez, Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of Regular Meeting of February 10, 2009.
VC/Torng moved, C/Nolan seconded, to continue this item to the March 10, 2009,
meeting. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Shah
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. CONTINUED PUBLIC HEARING:
7.1 One -Year Time Extension For Vestinq Tentative Tract MAP 53430,
Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit
No. 2005-10 — Under the authority of Diamond Bar Municipal Code Sections
21.20.050, the applicant submitted a request for an extension of time to file the
FEBRUARY 24, 2009
PAGE 2 PLANNING COMMISSION
Final Map for Tentative Tract Map 53430. The Tentative Tract Map was approved
on February 21, 2006, with a three (3) year time period to record the final map. On
July 25, 2008, Senate Bill 1185 went into effect and automatically extended the
expiration date on existing Vesting Tentative Maps for 12 additional months past
their expiration dates. The projected filing of the Final Map may be delayed
beyond this four year approval period. The time extension will provide an
additional year until February 21, 2010, for the applicant to file the Final Map.
(Continued from February 10, 2009)
PROJECT ADDRESS: Directly south of Rocky Trail Road and Alamo Heights
Drive and west of Horizon Lane APN No's: 8713-023-
002, 8713-012-04, 8713-023-005, 8713-023-004 and
8713-024-002.
PROPERTY OWNER: Millennium Diamond Road Partners, LLC
3731 Wilshire Boulevard, Suite 850
Los Angeles, CA 90010
SP/Laufenburger recommended that the Planning Commission continue this
matter to a future date uncertain at this time, subject to re -notification.
There were no ex parte disclosures.
Chair/Nelson opened the public hearing.
There was no one present who wished to speak on this matter.
C/Nolan moved, VC/Torng seconded, to continue the matter to a date uncertain,
subject to re -notification. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
8. PUBLIC HEARING(S):
Lee, Nolan, VC/Torng, Shah,
Chair/Nelson
None
None
8.1 Development Review No. 2008-18 and Minor Variance No. 2008-02 — Under
the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the
applicant requested approval to construct a two-story, 9,654 square foot single
family residence with an attached 1,114 square foot garage on an existing 42,139
square foot (0.96 Acre) Rural Residential (RR) zoned parcel with a consistent
underlying General Plan Land Use designation of Rural Residential (RR). The
FEBRUARY 24, 2009
PAGE 3 PLANNING COMMISSION
Minor Variance was requested to allow the exposed height of retaining wall to be
increased from six (6) feet to eight (8) feet.
PROJECT ADDRESS
PROPERTY OWNER:
APPLICANT
3121 Steeplechase
Diamond Bar, CA 91765
Arun and Indu Jain
1301 Glenthorpe Drive
Walnut, CA 91789
Pete Volbeda
615 E. Benson Avenue, Unit C
Upland, CA 91786
SP/Laufenburger recommended that the Planning Commission continue this
matter to March 10, 2009, to allow the applicant time to prepare the submittal
items.
There were no ex parte disclosures.
Chair/Nelson opened the public hearing.
Pete Volbeda, Architect, stated that the applicant agreed with staff's
recommendation for continuance.
C/Lee moved, C/Shah seconded, to continue the public hearing to a date
uncertain, subject to re -notification. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8.2 Development Review No. 2008-19 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant requested approval to construct a
two-story, 2859 square foot single family residence with an attached 624 square
foot garage on a 1.16 acre Rural Residential (RR) zoned parcel with a consistent
underlying General Plan Land Use designation of Rural Residential (RR).
PROJECT ADDRESS: Vacant parcel of land fronting Indian Creek Road,
located to the west of 2112 Indian Creek Road (Tract
30093, Lot 14; APN 8713-041-004)
Diamond Bar, CA 91765
FEBRUARY 24, 2009 PAGE 4 PLANNING COMMISSION
PROPERTY OWNER: John Gasparian
2112 Indian Creek Road
Diamond Bar, CA 91765
APPLICANT: Pete Volbeda
615 E. Benson Avenue, Unit C
Upland, CA 91786
SP/Laufenburger presented staff's report and referred the Commission to a letter
from "The Country Estates" Homeowners Association indicating it disapproved the
proposed design of the home. The letter also discusses lot lines, a matter that
rests between the applicant and the HOA. The discussion regarding lot lines is not
before the Planning Commission this evening, only the development of a single
family home on a legal lot. Staff recommended Planning Commission approval of
Development Review No. 2008-19, based on the Findings of Fact, and subject to
conditions of approval as listed within the resolution.
There were no ex parte disclosures.
Chair/Nelson opened the public hearing.
Pete Volbeda, Architect, explained the project, the house his firm previously
designed in which the applicant is currently living, indicated that the property owner
uses both lots and indicated that this project attempts to match the style of the
current home to make the project blend in. He requested Planning Commission
approval.
C/Lee said he liked the design and wanted to know why "The Country Estates" did
not approve the design. Chair/Nelson said he appreciated the question and was
determined that the Planning Commission remain on legal ground.
ACDD/Gubman stated that the decision before the Planning Commission this
evening is whether or not to approve this project based on the development
standards set forth in the City's Development Code and whether or not the
Planning Commission can make the finding that the design is appropriate. The
Planning Commission's approval is a stand alone action. At the same time, the
property owner is also subject to the CC&R's and bylaws of "The Country Estates"
Homeowners Association. The homeowner's obligation is to obtain approval from
the Planning Commission as well as The Country Estates Homeowners
Association.
C/Lee insisted he wanted to know both sides so that he could make an informed
decision. He asked ACDD/Gubman if it would be ok to ask the applicant to
respond. ACDD/Gubman responded yes.
FEBRUARY 24, 2009 PAGE 5 PLANNING COMMISSION
Mr. Volbeda said that he has constructed numerous homes within The Country
Estates and has always obtained Association approval. The applicant anticipates
it will be successful in getting approval from the HOA.
C/Lee asked if the opposition was legitimate and with foundation and Mr. Volbeda
said he could not answer that question. He had previous opposition which he was
able to overcome. He expects to receive approval in this instance.
Gary Jackson, 675 Masters Circle, New Castle Construction said he was the
builder of the original home for the property owner and was involved in the design
of and planned to build the new home.
Frank LeRoy, Chairman, Architectural Committee, The Country Estates
Homeowners Association, said the Committee does not have a problem with the
house and had requested more time to study the issue of breaking up the lots. Mr.
LeRoy said an option to do a lot merge instead of a lot line adjustment was
discussed which would allow one continuous estate. The Association is
attempting to avoid problems down the line.
C/Shah asked what type of problem Mr. LeRoy anticipated if there were two
separate owners. Mr. LeRoy responded that there is not a lot of separation
between the two dwellings and when one buys a home of this caliber in The
Country Estates one would be giving up a lot of privacy. As the map indicates the
street frontage is approximately half the size of the driveway. When there is a
shared driveway there should be covenants that rest with each of the properties
with respect to who maintains the shared driveway.
John Gasparian, property owner, said that when he originally purchased the
property it was two separate parcels that allowed two separate residences
because he hoped one of his children would want to build a home next to him.
Now it is just he and his wife who live there and he would like to get someone to
live in to help him and his wife. Because he receives dialysis he would like to have
a dialysis live-in expert to administer treatment every other day as required. He
cannot understand why The Country Estates HOA would have objection to him
building a separate residence on the separate property. The driveway is wide
enough to accommodate two-way traffic.
SP/Laufenburger responded to Chair/Nelson that the proposed project meets the
development standards of the City of Diamond Bar, that in staff's opinion it is not
adverse to the character of the neighborhood and there currently exists two
separate legal lots and the lot line adjustment is a separate, ministerial matter that
is outside of the Planning Commission's purview.
FEBRUARY 24, 2009
a
10.
PAGE 6 PLANNING COMMISSION
C/Lee apologized for giving his opinion about the project before listening to
testimony because he did not want to influence his colleagues in any way.
Chair/Nelson closed the public hearing.
C/Shah moved, C/Lee seconded to approve Development Review No. 2008-18
and Minor Variance No. 2008-02, based on the Findings of Fact, and subject to
the conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Lee, Nolan, VC/Torng, Shah,
Chair/Nelson
None
None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Nolan said she would attend the Planning Commission Institute.
C/Lee commented that as a Commissioner he would like to have more information from
the applicant and architect even if the responses do not relate to the project approval and
felt he should be allowed to ask`questions.
C/Shah thanked his colleagues for their good wishes and concerns during his absence.
He fell ill and then fell ill again and had to miss more than one meeting.
STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
ACDD/Gubman stated that on Thursday the City of Industry City Council is
scheduled to take action on the NFL Stadium project. Staff and special legal
counsel from Diamond Bar will be present. Staff expects that the Industry City
Council will approve the project at some point in the future. Diamond Bar is
prepared to move forward with a legal response to the decision should Industry
elect to approve the project without addressing the numerous environmental
issues and deficiencies in the EIR. The Diamond Bar City Website is updated on
an ongoing basis to keep the public informed.
FEBRUARY 24, 2009 PAGE 7 PLANNING COMMISSION
VC/Torng said he received a flyer today encouraging support of the stadium.
Included was a statement indicating that initially the site was approved as a
commercial development. The flyer also states that daily traffic counts for a fully
developed commercial center would be 67,000 cars and for the NFL Stadium it
would result in 58 or 59,000 cars on a game day only. He asked if the flyer was
correct. ACDD/Gubman said the flyer was misleading. The flyer refers to a
reduction in the square footage that does not include the square footage of the
stadium and stadium seating that encircles the field. This project is, in reality is
approximately six million square feet. The traffic may have a different pattern but
the statistics are highly misleading and disingenuous to say to the public that traffic
impacts will be less for the stadium.
ACDD/Gubman responded to C/Shah that staff is not aware that Walnut has filed
a lawsuit against the project. The statute of limitations for filing a lawsuit is 30
days after the certification of the EIR is filed with the Los Angeles County
Recorded or within 180 days following certification, if no filing is made with the
County, neither of which has occurred.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission, Chairman
Nelson adjourned the regular meeting at 7:41 p.m.
The foregoing minutes are hereby approved this 10th day of March, 2009.
Attest:
tfulited,Respecm
Greg Gubma
Acting Community Development Director
orng, Chair7d
Agenda No. 6.2(c)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 10, 2009
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice
Chairman Tony Torng, Chairman Steve Nelson.
Also present: Greg Gubman, Acting Community Development Director;
Katherine Laufenburger, Senior Planner; Natalie Tobon, Planning Technician and
Stella Marquez, Senior Administrative Assistant.
2. REORGANIZATION OF THE PLANNING COMMISSION — Selection of Chairman
and Vice Chairman.
C/Lee nominated C/Torng to serve as the Chairman of the Planning Commission.
C/Nolan seconded the nomination. There were no other nominations offered.
Roll Call:
Lee
Yes
Nolan
Yes
Torng
Yes
Nelson
Yes
C/Nolan nominated C/Nelson to serve as Vice -Chairman. Chair/Torng seconded
the nomination. There were no other nominations offered.
Roll Call:
Nolan
Yes
Chair/Torng
Yes
Lee
No
Shah
Yes
Nelson
Abstain
MARCH 10, 2009 PAGE 2 PLANNING COMMISSION
3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
4.
5.
l�
7.
E:3
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
5.1 Minutes of Regular Meeting of February 10, 2009.
VC/Nelson moved, C/Nolan seconded, to approve the Minutes of the
February 10, 2009, regular meeting as submitted. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, VC/Nelson
Chair/Torng
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Shah
ABSENT: COMMISSIONERS: None
5.2 Minutes of Regular Meeting of February 24, 2009.
C/Shah moved, C/Lee seconded, to approve the Minutes of the February 24,
2009, regular meeting as submitted. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
OLD BUSINESS: None
NEW BUSINESS: None
CONTINUED PUBLIC HEARING:
Lee, Nolan, Shah, VC/Nelson
Chair/Torng
None
None
7.1 Development Review No. 2008-18 and Minor Variance No. 2008-02 —
Under the authority of Diamond Bar Municipal Code Sections 22.48 and
22.52, the applicant requested approval to construct a two-story, 9,654
square -foot single family residence with an attached 1,114 square foot
garage on an existing 42,139 square -foot (0.96 Acre) Rural Residential (RR)
zoned parcel with a consistent underlying General Plan Land Use
designation of Rural Residential (RR). The Minor Variance was requested to
MARCH 10, 2009 PAGE 3 PLANNING COMMISSION
allow the exposed height of retaining wall to be increased from six (6) feet to
eight (8) feet.
PROJECT ADDRESS:
PROPERTY OWNER:
3121 Steeplechase
Diamond Bar, CA 91765
Arun and Indu Jain
1301 Glenthorpe Drive
Walnut, CA 91789
APPLICANT: Pete Volbeda
615 E. Benson Avenue, Unit D
Upland, CA 91786
SP/Laufenburger presented staff's report and recommended Planning
Commission approval of Development Review No. 2008-18 and Minor
Variance No. 2008-02, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Pete Volbeda, Architect, explained the history of the proposed project. He
pointed out that the project lot is actually not located within "The Country
Estates" Homeowners Association.
Chair/Torng closed the public hearing.
C/Lee moved, VC/Nelson seconded, to approve Development Review
No. 2008-18 and Minor Variance No. 2008-02. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Lee, Nolan, Shah, VC/Nelson,
Chair/Torng
None
None
9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Shah congratulated Chair/Torng and hoped the Commission would have a great
year.
MARCH 10, 2009 PAGE 4 PLANNING COMMISSION
C/Lee congratulated Chair/Torng and said he believed everyone should have an
opportunity to serve as Chairman or Vice Chairman.
C/Nolan congratulated Chair/Torng. She said she looked forward to attending the
Planners Institute.
VC/Nelson congratulated Chair/Torng. He said he was confident that Chair/Torng
would lead the Planning Commission and its business with a high degree of
competency and excellence. He thanked his colleagues for their vote of confidence
in supporting him as Vice Chairman and said he would support the Chairman and
his colleagues.
Chair/Torng thanked his colleagues for their support and said he would focus his
efforts on the Commission and hoped to do a good job in working with staff.
10. STAFF COMMENTS/INFORMATIONAL ITEMS:
Public Hearing dates for future projects.
ACDD/Gubman congratulated Chair/Torng and said he looked forward to working
with the new Chairman during his tenure.
ACDD/Gubman highlighted the State of The City event scheduled to take place on
Thursday, March 12 at the Diamond Bar Center Grand Ballroom from 5:00 p.m. to
7:00 p.m.
ACDD/Gubman reported that staff met with representatives from the U.S. Census
Bureau prior to the commencement of the 2010 census count. The first phase of
the effort will involve address verification using field workers followed by mailers to
residents. The City has agreed to work cooperatively with the Bureau by creating a
"Complete Count Committee." Community Services Department staff will coordinate
the effort with the emphasis on outreach to various public service organizations,
churches and the Chamber of Commerce in order to help the residents understand
what the census is about and provide translation services as required. The purpose
of the census is to count the City's population and one of the goals is to ensure that
the City will receive funding for programs based on an accurate population count.
ACDD/Gubman stated that certain staff positions have been frozen due to the
budget shortfall. However, the vacant Code Enforcement Officer position
recruitment is moving forward in an effort to continue providing the City a high level
of code enforcement services.
MARCH 10, 2009 PAGE 5 PLANNING COMMISSION
ACDD/Gubman reported that with respect to Site D, staff is screenchecking a Draft
Environmental Impact Report (EIR) and Draft Specific Plan document. Site D is
about 30 -acres and the Specific Plan develops a Land Use Master Plan to provide
up to 200 residential townhome units and up to about 150,000 square feet of
retail/commercial. The Draft EIR screencheck process should be completed and
released for public review early April 2009. During the public review process staff
anticipates having study sessions with the City Council and the Planning
Commission to solicit comments from public officials and the general public. Once
the 45 -day public review period is completed the environmental documents will be
revised and staff will then embark on the public hearing process sometime in June
2009.
ACDD/Gubman stated that staff met with the current Honda property owner to
discuss possible development opportunities forthe site that would have the greatest
benefit to the City in terms of tax revenue and appropriate land use. The property
owner is in a holding pattern due to the impending NFL Stadium project which has
been approved but may face legal challenges. Staff envisions a demand for a hotel
development for the property as the best use for the site, regardless of what
happens on the Industry property.
VC/Nelson asked ACDD/Gubman to clarify an earlier statement that proponents
believed that given the currently approved project the stadium project would result in
less traffic. He was invited to an exclusive presentation by Mai Mai Huff on the
stadium and while he was duly impressed with the different considerations that
would be put into siting an NFL Stadium and that the City of Industry had met a lot
of the criteria, one item he walked away with was that the existing project would
result in more traffic over the course of the year. Obviously on any given Sunday or
other major events there would be more traffic on a particular day. He said he was
confused about whether it was accurate to say that over the course of the year the
average daily trips related to the stadium development as opposed to the currently
approved project would be less but on any given Sunday or event day traffic would
increase.
ACDD/Gubman stressed that this is not just a stadium proposal. The entire project
involves the stadium as an anchor with a major retail and entertainment component
that would be open seven days a week. In addition, office buildings are proposed.
The stadium will employ individuals who would have a.m./p.m. peak traffic hours
and the office building would also generate a.m./p.m. peak traffic hours as well. In
addition, there would be additional traffic generated by the entertainment
component of the project. Also, there are programming aspects that must be taken
into account. For example, there are two NFL teams being considered rather than
MARCH 10, 2009 PAGE 6 PLANNING COMMISSION
just one and there will be other sporting and religious events and major concerts
that may occur on week nights. ACDD/Gubman said he did not have the number of
potential events that would occur at the stadium but it is many times more than the
number of home games that would be played in the stadium. VC/Nelson said he
would like to have Diamond Bar engage a traffic consultant to look at the Industry
EIR to see whether traffic studies are accurate. ACDD/Gubman responded that the
City hired two separate traffic consultants — one with expertise in the freeway area
and one with surface street traffic issues. VC/Nelson said he wanted to make sure
that he could be proud of the fact that Diamond Bar did not react based on emotion
but on fact because lawsuits are expensive. VC/Nelson asked if the statistics are
readily available and from our consultants viewpoint what is the comparison
between the existing approved project and what the stadium project will bring. It's
not just 10 games a year, they are talking about two teams, concerts, religious
events and he believes recreation events. ACDD/Gubman said that when the City
became aware of the proposal, it began studying the potential impacts and potential
opportunities the development would bring to the City and immediately hired a team
of experts including two traffic consultants and an environmental consultant.
Diamond Bar simply wanted to get to the facts in order to measure the impacts and
have some assurance those impacts could be mitigated.
C/Shah asked if Industry's traffic report regarding the stadium was available.
ACDD/Gubman responded to C/Shah that the stadium report prepared by the traffic
consultant may be found on the City's Website along with the other technical
materials along with the City's 102 page commentary on the EIR.
C/Nolan wanted to know if there was consideration for retail for the Honda site that
would benefit Diamond Bar residents rather than a hotel that would not necessarily
benefit the residents and wanted to know if staff was encouraging a hotel strictly
from a revenue -generating standpoint. ACDD/Gubman responded that if there is a
builder that is willing to provide Diamond Bar with retail businesses desirable to the
community, staff would be very happy to consider that option.
Chair/Torng said there was two hours worth of public commentary on the NFL
stadium project during the last City Council meeting. According to CM/DeStefano,
as indicated by ACDD/Gubman, Diamond Bar was the first City to investigate the
proposal and did not follow any neighboring cities. He is pleased the
Commissioners are interested in the project because he has been approached by
many residents who were opposed to the project. ACDD/Gubman responded to
Chair/Torng that Diamond Bar has not filed a lawsuit.
MARCH 10, 2009 PAGE 7 PLANNING COMMISSION
Chair/Torng responded to an earlier comment made by C/Lee by replying that a
commissioner can be a Chairman or Vice Chairman when they are ready for that
position.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:45 p.m.
The foregoing minutes are hereby approved this 24th day of March, 2009.
Attest:
Respectfully Submitted,
Greg Gubman
Acting Community Development Director
ony Torng, C4 airman
Agenda No. 6.3
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
FEBRUARY 12, 2009
CALL TO ORDER:
Chairman Mok called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Manage ment/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Commissioner Shay led the Pledge of Allegiance.
Commissioner Kevin House, Liana Pincher,
Michael Shay, Vice Chairman Jimmy Lin,
Chairman Kenneth Mok
Also Present: David Liu, Public Works Director; Rick Yee, Senior
Civil Engineer; Kimberly Molina, Associate
Engineer; Christian Malpica-Perez, Associate
Engineer, and Stella Marquez, Senior
Administrative Assistant.
I. APPROVAL OF MINUTES:
A. Minutes of the January 8, 2009 regular meeting.
C/Shay moved, C/House seconded, to approve the January 8, 2009 minutes
as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
House, Pincher, Shay, Chair/Mok
NOES: COMMISSIONERS:
None
ABSTAIN COMMISSIONERS:
VC/Lin
ABSENT: COMMISSIONERS:
None
II. PUBLIC COMMENTS: None Offered.
III. ITEMS FROM STAFF:
A. Received and Filed Traffic Enforcement Updates for:
1. Citations: November & December 2008 and January 2009
2. Collisions: November & December 2008 and January 2009
3. Street Sweeping: November & December 2008 and January 2009
C/Pincher noted a significant decline in tickets between January 2008 and
2009. PWD/Liu explained that one CSO was on vacation in January 2009_
FEBRUARY 12, 2009 PAGE 2 T&T COMMISSION
IV. OLD BUSINESS
A. Diamond Bar Blvd./Mountain Laurel Way Crosswalk Modification
SE/Yee referred Commissioners to the memo at the end of their agenda
packets for this item with respect to removal of only the north leg of the
crosswalk at this intersection. During the last year and a half there have been
several improvements to the intersection to facilitate pedestrian crossing. The
intent is to improve traffic flow for vehicles and to help isolate pedestrian
crossings to the southerly portion of the intersection. This is an ongoing effort
that staff will continue to monitor. Staff recommended that the Traffic and
Transportation Commission concur with staff to remove the northerly
crosswalk at Diamond Bar Boulevard and Mountain Laurel Way.
Chair/Mok summarized the history of modifications to the intersection and
asked what modifications would be next if all of the changes do not solve the
problems. SE/Yee assured Chair/Mok that operationally the way the
intersection is working at this time is working out fairly well. The only reason
staff is recommending this step is because every year students will need to
relearn the route. In order to avoid the challenge of reeducating the students
each year, staff felt it was a better approach to remove that leg of the
crosswalk to eliminate a violation of direction from the crossing guard_
Chair/Mok said there would be some relearning for the members of the public
who are currently using that leg. PWD/Liu said that this will be a precedent
setting example because this is the first time in D.B. that a crosswalk is being
removed. This recommendation moves to the City Council for their
consideration and action.
C/Shay felt that it made sense to simplify the intersection. People and
especially kids can be creatures of habit. Although there will be stragglers, the
changes will definitely inform the public that the northerly leg is no longer
available for foot traffic.
C/House said that in other cities poles are placed in the. path of the areas that
are not to be used.
VC/Lin agreed with C/Shay that the simpler the better. He asked how many
crossed at the different legs and wondered why staff determined to remove the
northerly leg and not the southerly leg. SE/Yee said staff has the information
but does not have the information available for this meeting and that he would
get back to VC/Lin. PWD/Liu said that most parents prefer to drive their
children to school and staff is dialoguing with schools to determine how more
automobiles can be taken off of the streets. At this time, there are no official
state authorized programs for any schools in the City.
SE/Yee explained to Chair/Mok that this process would include a 30 -day notice
public hearing process and if there is significant opposition to the
recommendation, it would extend the project further out. He said that if the
FEBRUARY 12, 2009 PAGE 3 T&T COMMISSION
physical removal was delayed, the City would definitely pursue assistance by
the Volunteer Patrol or Sheriff's Department to monitor the area when the fall
school session commences.
SE/Yee responded to C/Pincher that there is a stop legend at Mountain Laurel
Way and Spruce Tree Drive. C/Pincher asked if the students could be forced
to cross at Mountain Laurel and Spruce Tree Drive and travel down the side of
the street where the crosswalk is. PWD/Liu said the first consideration is a
warrant study to see if the area is warranted for a crosswalk.
Mr. Chavez, Principal, Chaparral Middle School, stated that as a result of
Sheriff's Deputy St. Amant's monitoring of this crosswalk, and because of his
assurances about staff's recommendation, he concurs with their assessment
and recommendation.
VC/Lin moved, C/Shay seconded, to concur with staff's recommendation to
remove the northerly crosswalk at Diamond Bar Boulevard and Mountain
Laurel Way. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSENT:
V. NEW BUSINESS
VI
VII
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
STATUS OF PREVIOUS ACTION ITEMS
House, Pincher, Shay, Chair/Mok,
VC/Lin
None
None
None
ITEMS FROM COMMISSIONERS: C/Pincher thanked staff for the
newsletter and reminder to residents about keeping City streets clean.
VIII. INFORMATIONAL ITEMS:
A. Diamond Bar TMS/Traffic Signal Interconnect Links — Phase 1 — SE/Yee
reported that additional work is needed and staff will be requesting additional
funds from the City Council at its February 17th meeting. The project is
expected to be completed by the end of February.
B. Verizon's FIOS Project — SE/Yee stated that Verizon hopes to complete the
full network installation. However, due to the economy, the project has
slowed. Area 5 should be completed before the City begins its annual slurry.
C. Sunset Crossing Road and Prospectors Road Traffic Calming Project —
SE/Yee reported that staff presented this item to the City Council on February
3rd for award of the contract. The contract came in a little more than $50,000
below the engineer's estimate of $400,000. Construction should begin in
about two weeks.
FEBRUARY 12, 2009 PAGE 4 T&T COMMISSION
D. Traffic Signal Modification Project (FY 2007-2008) - AE/Malpica-Perez stated
that staff expects notice of completion to go to the City Council for
consideration on March 3rd.
E. Diamond Bar Boulevard Median Modification — AE/Malpica-Perez explained
that the project consists of modifying the current median layout along the left
turn pocket that will improve the line -of -sight distance for vehicles accessing
the shopping center south of Grand Avenue. Completion is expected for
February 18 , if weather permits.
F. Industry's Grand Avenue Bridge Widening/Interchange Project — PWD/Liu
stated that Industry is awaiting Caltrans project study report approval. D.B. is
not ready to sign off on the report.
G. Lemon Avenue On/Off Ramps Project— PWD/Liu stated that the project team
and consultants are working on a landscape program to upgrade the
landscape area at the SR -60 freeway access/locations (Lemon Avenue and
Brea Canyon Road). The goal is to provide enhanced aesthetics and serve as
a gateway of the western entrance to the City.
H. 2008-2009 CDBG Curb Ramp Project - AE/Molina indicated that bids were
opened on January 14th for the project. 19 bids were received and the
apparent low bidder was Fonseca Construction. A contract was awarded on
January 20th by Council and work began on February 2, 2009. This project is
for 27 curb ramps in the vicinity of Neil Armstrong Elementary School.
I. Residential Area 5/Arterial Zone 3 Slurry Seal Project - AE/Molina indicated
that the plans and specifications for this project are under review by staff.
Staff expects to go out to bid next week with a bid opening in mid-March.
J. Chino Hills Parkway Rehab Project - AE/Molina stated that the City had finally
obtained Caltrans Approval to proceed with the design of the proposed project.
Five proposals were received from engineering firms interested in providing
design services for the project. Staff anticipates making a recommendation to
Council for award of contract at their March 3, 2009 meeting_
K. SR -57/60 Feasibility Study— PWD/Liu reported that Metro and their consultant
are addressing comments received from Caltrans, City of Industry and
Diamond Bar.
L. Federal Economic Recovery and Reinvestment Act Projects - PWD/Liu stated
that staff has submitted seven (7) projects, in ranking order, with a requested
Federal funds amount of nearly $8.8 million, to L.A. Metro for programming
into the Regional Transportation Improvement Program, as the City's proposed
Economic Stimulus Package projects.
IX. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Mok adjourned the meeting at 8:03 p.m.
FEBRUARY 12, 2009 PAGE 5 T&T COMMISSION
The foregoing minutes are hereby approved this `��F� day of 4Pkj L_ , 2009.
Respectfully,
i
avid G. iu, ecreta
Attest:
Chaurm n Kenneth Mok
CITY COUNCIL
Agenda # 6.4
Meeting Date: April 21, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana er '
TITLE: Ratification of Check Register dated pril 2, 2009 through April 15, 2009
totaling $634,473.50.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $634,473.50 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 April 2, 2009 through April 15,
2009 for $634,473.50 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:
11',,-Tector
Assistant City Manager
Attachments: Affidavit and Check Register — 04/02/09 through 04/15/09.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated April 2, 2009 through April 15, 2009 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description
Amount
General Fund
$475,479.19
Prop A - Transit Fund
93,669.77
Int. Waste Mgt Fund
5,323.51
CDBG Fund
17,874.11
COPS Fund
1,133.75
LLAD 38 Fund
10,819.52
LLAD 39 Fund
11,610.95
LLAD 41 Fund
4,143.87
Capital Improvement Project Fund
14,418.83
$634,473.50
Signed:
Linda G. Magnbibn
Finance Director
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/2/2009
4/2/2009
84472...
1BONTERRA CONSULTING INC.
BONTERRA CONSULTING INC.
ADMIN FEE -FPL 2002-65
ADMIN FEE -FPL 2002-09
001
001
34430
23010
-63.00
146.93
$1,166.30 ...
4/2/2009
84473
BRIAN HUGHES CONSTRUCTION
RETENTION PAYABLE
125
20300
-534.00
$4,806.00
4/2/2009
1
BRIAN HUGHES CONSTRUCTION
IHIP PROG-23510 GRAND RIM
1255215
1 44000
1 5,340.00
4/2/2009
84474
BRIAN HUGHES CONSTRUCTION
HIP PROG-23510 GRAND RIM
1255215
44000
11,660.00
$10,494.00
4/2/2009
1
BRIAN HUGHES CONSTRUCTION
RETENTION PAYABLE
125
1 20300
-1,166.00
4/2/2009 1
84475
ICA PARK & RECREATION SOCIETY
IMEMBERSHIP DUES -BRADLEY
1 0015350
1 42315 1
135.001
$135.00
4/2/2009
1
LEAH CROW
FACILITY REFUND -DBC
001
36615
100.00
4/2/2009 1
84476
IRICHARD CAMPBELL
IFACILITY REFUND -DBC
1 001
1 23002 1
100.001
$100.00
4/2/2009 1
84477
ICATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
1 0015333
1 41200 1
42.801
$42.80
4/2/2009 1
84478
ITINA CHANG
1CONTRACT CLASS -WINTER
0015350
1 45320 1
576.001
$576.00
4/2/2009 1
84479
1CONSTANCE J. LILLIE
ICONTRACT CLASS -WINTER
0015350
1 45320 1
423.001
$423.00
4/2/2009
84480
LEAH CROW
FACILITY REFUND -DBC
001
23002
650.00
$550.00
4/2/2009
1
LEAH CROW
FACILITY REFUND -DBC
001
36615
100.00
4/2/2009 1
84481
ID & J MUNICIPAL SERVICES INC
JBLDG & SFTY SVCS -MAR 2-13
0015220
1 45201 1
20,800.611
$20,800.61
4/2/2009
1
IDH MAINTENANCE
JANITORIAL -PARKS
0015340
1 42210
1 735.17
4/2/2009 1
84482
JDAY & NITE COPY CENTER
IPRINT SVCS -COMM SVCS
0015350
1 42110 1
194.851
$194.85
4/212009 1
84483
ICAROL DENNIS
PROF.SVCS-SS/CC 3/17
0014030
1 44000 1
350.001
$350.00
4/2/2009
1 84484
DH MAINTENANCE
JANITORIAL SVCS -DBC
0015333
45300
12,250.83
$12,986.00
4/2/2009
1
IDH MAINTENANCE
JANITORIAL -PARKS
0015340
1 42210
1 735.17
4/2/2009 84485 EVERGREEN INTERIORS PLANT SVCS -DBC FEB 0015333 1 45300 177.00 $312.00
4/2/2009 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 1 45300 135.00
4/2/2009
84486
EXCEL LANDSCAPE
LANDSCAPE MAINT-DIST 38
1385538
45500
10,748.06
$26,502.88
4/2/2009
EXCEL LANDSCAPE
LANDSCAPE MAINT-DIST 39
1395539
45500
11,610.95
4/212009
EXCEL LANDSCAPE
LANDSCAPE MAINT-DIST 41
1415541
45500
4,143.87
Page 2
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
4/2/2009
84487
OF SO CAL INC
PEST CONTROL -PETERSON PK
0015340
42210
50.00
$90.00
4/2/2009
1
1EXTERMINETICS
EXTERMINETICS OF SO CAL INC
PEST CONTROL -HERITAGE PK
0015340
42210
40.00
7-7$500.00
4/2/2009 1
84488
IJOHN HSU
IFACILITY REFUND -DBC
1 001
1 23002 1
loo.001
$100.00
4/2/2009
ILOWE'S
LOWE'S BUSINESS ACCOUNT
SUPPLIES -PARKS
0015340
42210
6.43
7-7$500.00
4/2/2009 1
84489
JINLAND VALLEY DAILY BULLETIN
I LEGAL AD -FPL 2008-340
1 001
1 23010 1
372.501
$372.50
4/2/2009 1
84490
IMOHAMAD R JAHANVASH
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
288.001
$288.00
4/2/2009
84491
IJOE A. GONSALVES & SON INC.
ILEGISLATIVE SVCS -APR 09
1 0014030
1 44000 1
3,000.001
$3,000.00
4/2/2009 1
84492
JAJITA KOTHARI
IRECREATION REFUND
1 001
1 34780 1
240.001
$240.00
4/2/2009 1
84493
ILA PUENTE PAINT & BODY
JEQ MAINT-COMM SVCS
0014090
1 42200 1
263.081
$263.08
4/2/2009 1
84494
ILEWIS ENGRAVING INC.
JENGRAVING SVCS -CITY TILE
1 0014090
1 42113 1
19.491
$19.49
4/2/2009 1
84495
JALICE LI
IRECREATION REFUND
1 001
1 34780 1
175.001
$175.00
4/2/2009
84496
BUSINESS ACCOUNT
SUPPLIES -DBC
0015333
41200
537.65
$572.86
4/2/2009
ILOWE'S
LOWE'S BUSINESS ACCOUNT
SUPPLIES -PARKS
0015340
42210
6.43
7-7$500.00
4/2/2009
84498
LOWE'S BUSINESS ACCOUNT
SUPPLIES -DBC
0015333
41200
28.78
$2,646.00
4/2/2009 1
84497
IMANAGED HEALTH NETWORK
JAPR 09 -EAP PREMIUMS
1 001
1 21115 1
150.121
$150.12
4/2/2009
MOBILE RELAY ASSOCIATES INC
REPEATER SVCS -MAR 09
0014440
1 42130
78.75 1
7-7$500.00
4/2/2009 1
84498
1 MATLOCK ASSOCIATES INC
JADA RETROFIT-SYC CYN PK
1 2505310
1 R46415 1
2,646.001
$2,646.00
4/2/2009 1
84499
IMERCURY DISPOSAL SYSTEMS INC
IRECYCLING FEES -LIGHT BULB
1 1155515
1 44000 1
585.721
$585.72
4/2/2009 1
84500
IMMASC
IMMASC MTG-GALLEGOS/SANTOS
1 0014030
1 42340 1
70.001
$70.00
4/2/2009
84501
MOBILE RELAY ASSOCIATES INC
REPEATER SVCS -APR 09
0014440
42130
78.75
$157.50
1
4/2/2009
MOBILE RELAY ASSOCIATES INC
REPEATER SVCS -MAR 09
0014440
1 42130
78.75 1
7-7$500.00
4/2/2009 1
84502
IJESSICA NUNEZ
IRECREATION REFUND
1 001
1 34760 1
175.00
$175.00
7-7$500.00
4/2/2009
84503
1 BONAR PANGGABEAN
IFACILITY REFUND -DBC
1 001
1 23002 1
500.00
Page 3
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
4/2/2009
84505
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
Total Check Amount
Check Date
Check Number
Vendor Name
PERS RETIREMENT FUND
Transaction Description
001
Fund/ Dept
Acct # I
Amount I
4/2/2009
84507
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
001
21109
14,799.75
$500.00
4/2/2009
1 84504 IKIRIT PANSURIA
IFACILITY REFUND -DBC
1 001 1
23002 1
500.00
4/2/2009
84505
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
45.57
$24,497.66
4/2/2009
1
PERS RETIREMENT FUND
RETIRE CONTRIB-EE
001
21109
9,652.34
4/2/2009
84507
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
001
21109
14,799.75
$878.75
4/2/2009 1
84506
IPHILIP H WILLIAMS
REIMB-SUPPLIES DBC
1 0015333
1 41200 1
56.701
$56.70
4/2/2009
1
RHF INC.
EQ MAINT-SHERIFF DEPT
1264411
42200
85.00
4/2/2009 1
84507
IPUBLIC SAFETY TECHNOLOGIES INC
MAINT-POWER CABLE
1 1264411
1 42200 1
878.751
$878.75
4/2/2009 1
84508
IQUICK CRETE PRODUCTS CORP
MAINT-PANTERA PK
1 0015340
1 42210 1
495.791
$495.79
4/2/2009 1
84509
JKRISTI QUINONES
IFACILITY REFUND -DBC
1 001
1 23002 1
500.001
$500.00
4/2/2009 1
84510
IR F DICKSON COMPANY
ISTREET SWEEPING SVCS -JAN
1 0015554
1 45501 1
19,728.181
$19,728.18
4/2/2009 1
84511
IRECY CAL SUPPLY CO
SUPPLIES -RECYCLING
1 1155516
1 41200 1
67.951
$67.95
4/2/2009 1
84512
IREINBERGER PRINTWERKS
IPRINT SVCS -BUS CARDS
1 0014095
1 42110 1
89.851
$89.85
4/2/2009
84513
RHF INC.
EQ MAINT-SHERIFF DEPT
1264411
42200
85.00
$255.00
4/2/2009
1
RHF INC.
EQ MAINT-SHERIFF DEPT
1264411
42200
85.00
4/2/2009
84515
RHF INC.
EQ MAINT-SHERIFF DEPT
1264411
42200
85.00
$195.00
4/2/2009 1
84514
1PATRICIA ROMO
IFACILITY REFUND -DBC
1 001
1 36615 1
400.001
$400.00
4/2/2009
1
1KRISTINE SEVILLA
FACILITY REFUND -DBC
001
36615
-50.00
4/2/2009 1
84515
IROTO ROOTER PLUMBERS
MAINT-REAGAN PK
1 0015340
1 42210 1
195.001
$195.00
4/2/2009
84516
KRISTINE SEVILLA
FACILITY REFUND -DBC
001
23002
100.00
$50.00
4/2/2009
1
1KRISTINE SEVILLA
FACILITY REFUND -DBC
001
36615
-50.00
4/2(2009 1
84517
ISHARP SEATING
IEXCRSN DEP-R/PARADE 10
j 0015350
1 45310 1
585.001
$585.00
4/2/2009 1
84518
ISANDRA SHAW
IFACILITY REFUND -DBC
1 001
1 36615 1
400.001
$400.00
4/2/2009 1
84519
ISMART & FINAL
SUPPLIES -SR BINGO
1 0015350
1 41200 1
140.01
$140.01
Page 4
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/2/2009
84534...
US BANK
VEH MAINT-COMM SVCS
0015310
42210
51.49
$15,750.72 ...
4/2/2009
US BANK
FUEL -COMM SVCS
0015554
42310
80.00
4/2/2009
US BANK
SUPPLIES -COMM SVCS
0015554
41300
31.58
4/2/2009
US BANK
EQ RENTAL-P/INFO
0014095
42115
172.50
4/2/2009
US BANK
VEH MAINT-COMM SVCS
0015310
42200
549.73
4/2/2009
US BANK
FUEL -COMM SVCS
0015310
42310
265.74
4/2/2009
US BANK
GFOA CONF-S FULL
0014050
42330
643.20
4/2/2009
US BANK
GFOA CONF-MAGNUSON
0014050
42340
410.00
4/2/2009
US BANK
AD -DBC
0014095
42115
450.00
4/2/2009
US BANK
MTG SUPPLIES -GENERAL
0014090
42325
58.00
4/212009
US BANK
PROMO SUPPLIES -GENERAL
0014090
41400
52.27
4/2/2009
JUS BANK JCSMFO
CONF-S FULL 1
0014050 1
42330
350.00
4/2/2009 1 84535 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 1 0014060 1 42345 1 112.001 $112.00
4/2/2009
84536
VALLEY CREST LANDSCAPE MAINT INC
LANDSCAPE MAINT-MAR 09
0015340
45300
24,604.11
$30,249.58
4/212009
1
VALLEY CREST LANDSCAPE MAINT INC
LANDSCAPE MAINT-MAR 09
0015333
1 45300
5,645.47
4/2/2009 1 84537 IVANTAGEPOINT TRNSFR AGNTS-303248 4/03/09 -PIR DEDUCTIONS 1 001 1 21108 25,910.561 $25,910.56
4/2/2009
84538
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
1 42125
1 106.57
$194.37
4/2/2009
1
VERIZON CALIFORNIA
IPH.SVCS-HERITAGE
0015340
1 42125
1 87.80
4/2/2009
84539
VERIZON WIRELESS -LA
CELL CHRGS-AZIZ
0014070
42125
50.41
$340.77
4/2/2009
VERIZON WIRELESS -LA
CELL CHRGS-LASD MODEM
0014411
42125
45.01
4/2/2009
VERIZON WIRELESS -LA
CELL CHRGS-DESFORGES
0014070
42125
50.41
4/2/2009
VERIZON WIRELESS -LA
CELL CHRGS-CMGR
0014030
42125
150.58
4/2/2009
VERIZON WIRELESS -LA
CELL CHRGS-EOC
0014440
42125
44.20
4/2/2009
VERIZON WIRELESS -LA
ICELL CHRGS-GENERAL
0014090
1 42125
0.16
4/2/2009 1 84540 IWEST COACH CORPORATION SUPPLIES-PLNG 1 0015210 1 41200 1 25.981 $25.98
4/2/2009 1 84541 WEST COAST ARBORISTS INC TREE MAINT-MAR 09 0015558 1 45509 1 10,162.311 $10,832.38
4/2/2009 WEST COAST ARBORISTS INC WATERING SVCS -MAR 09 0015558 45510 670.00
4/212009 1 84542 IMARYELLEN WHITTINGHAM IFACILITY REFUND -DBC 001 1 23002 1 500.001 $500.00
Page 7
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
4/9/2009
84546
DESIGN GROUP INC
CONSTRUCTION-SYC CYN TRL
2505310
R46415
29.51
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct # I
Amount I
Total Check Amount
4/2/2009
1 84543 IYOSEMITE WATER
SUPPLIES -WATER
0015350 1
41200 1
10.651
$10.65
1 45300 1
846.741
$846.74
4/9/2009
1 84544 ALBERTSONS
JMTG SUPPLIES -SUMMER CAMP
0015350 1
41200 1
14.261
$14.26
IFACILITY REFUND-SYC CYN
1 001
1 23002 1
50.001
$50.00
4/9/2009
1 84545 JAND 1 OFFICIALS
1OFFICIAL SVCS -MAR 09
1 0015350 1
45300 1
378.00
$378.00
4/9/2009
84546
DESIGN GROUP INC
CONSTRUCTION-SYC CYN TRL
2505310
R46415
29.51
$285.51
4/9/2009
1
JARCHITERRA
ARCHITERRA DESIGN GROUP INC
1CONSTRUCTION-SYC CYN TRL
2505310
R46415
256.00
4/9/2009
84547
INAILA BARLAS
EQ RENTAL -DBC
0015333
1 42130
1 10.81
$46.75
4/9/2009
1
JARROWHEAD
ARROWHEAD
WATER SUPPLIES -DBC
0015333
41200
35.94
4/9/2009 1
84548
INAILA BARLAS
IRECREATION REFUND
1 001
1 34780 1
55.001
$55.00
4/9/2009
1
ICATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
0015333
1 41200
380.80
4/9/2009 1
84549
IBEAR STATE AIR CONDITIONING SVCS IN
IMONTHLY MAINT-DBC MAR
1 0015333
1 45300 1
846.741
$846.74
4/9/2009
84550
ISTACIE BEKE
IFACILITY REFUND-SYC CYN
1 001
1 23002 1
50.001
$50.00
4/9/2009 1
84551
ITIFFANY BERMUDEZ
IFACILITY REFUND-REAGAN
1 001
1 23002 1
50.001
$50.00
4/912009 1
84552
JBSN SPORTS CORP
SUPPLIES -COMM SVCS
1 0015340
1 41200 1
796.681
$796.68
4/9/2009 1
84553
JCAAPS
IFACILITY REFUND-SYC CYN
1 001
1 23002 1
200.001
$200.00
4/9/2009
84554
1JENNIFER CAMPBELL
IFACILITY REFUND-SYC CYN
1 001
1 23002 1
.50.001
$50.00
4/912009 1
84555
ICANNING HUNGER INC
REFUND -EN 08-609
1 001
1 23012 1
1,000.001
$1,000.00
4/912009
84556
CATALINA BALLAST BULB COMPANY
SUPPLIES -COMM SVCS
0015333
1 41200
17.70
$398.50
4/9/2009
1
ICATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
0015333
1 41200
380.80
4/9/2009 1
84557
ICENTRAL POWDER COATING
SUPPLIES -COMM SVCS
1 0015350
1 41200 1
269.381
$269.38
4/9/2009 1
84558
JDAVID CHU
IRECREATION REFUND
1 001
1 34780 1
240.001
$240.00
4/9/2009
84559
ICORE COMMUNICATIONS GROUP LLC
JADD CHNG REFUND -EN 08-622
1 001
1 23012 1
230.00
$230.00
Page 8
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/9/2009
4/9/2009
84560
DAY & NITE COPY CENTER
DAY & NITE COPY CENTER
PRINT SVCS -COMM SVCS
PRINT SVCS -COMM SVCS
0015350
0015350
42110
42110
90.93
53.85
$144.78
4/9/2009 1 84561 IDELTA CARE USA JAPR 09 -DENTAL PREMIUMS 001 1 21104 1 348.611 $348.61
4/9/2009 1 84562 DELTA DENTAL JAPR 09 -DENTAL PREMIUMS 1 001 1 21104 1 3,082.15 $3,082.15
4/9/2009
84563
BAR MOBIL
FUEL -COMM SVCS
0015310
42310
124.70
$169.31
4/9/2009
1
IDIAMOND
DIAMOND BAR MOBIL
IFUEL-NGHBRHD IMP
0015230
42310
44.61
1
4/9/2009
84564
EXTERMINETICS OF SO CAL INC
PEST CONTROL SVCS -DBC
0015333
45300
50.00
$140.00
4/9/2009
1
EXTERMINETICS OF SO CAL INC
RODENT CONTROL -PETERSON
0015340
42210
50.00
1
4/9/2009
84567
EXTERMINETICS OF SO CAL INC
RODENT CONTROL -HERITAGE
0015340
42210
40.00
$65.00
4/9/2009
84565
MIAO LI FENG
EXPRESS MAIL -GENERAL
0014090
1 42120
222.88
$343.43
4/9/2009
1
IFEDEX
FEDEX
EXPRESS MAIL -GENERAL
0014090
1 42120
120.551
1
4/9/2009
84566
MIAO LI FENG
ADD CHNG REFUND -EN 08-620
001
23012
230.00
$230.00
4/9/2009
1
IGO
GO LIVE TECHNOLOGY INC
IPROF.SVCS-CIVIEW WK 3/20
001
1 23005
2,250.00
4/912009 1
84567
IJOHN FOX
IRECREATION REFUND
1 001
1 34780
65.001
$65.00
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
295.00
4/9/2009 1
84568
IWILLIAM GIEBE
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
800.001
$800.00
4/9/2009
84569
LIVE TECHNOLOGY INC
PROF.SVCS-CIVIEW WK 4/3
001
1 23005
1,500.00
$3,750.00
4/9/2009
1
IGO
GO LIVE TECHNOLOGY INC
IPROF.SVCS-CIVIEW WK 3/20
001
1 23005
2,250.00
4/9/2009 1
84570
JENNIFER GOWDY
REFUND -MTA PASS
1 112
1 34850 1
49.60
$49.60
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-514
001
23012
39.78
4/9/2009 1
84571
RATNAH GUNADI
IRECREATION REFUND
1 001
1 34780 1
180.00
$180.00
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
295.00
4/9/2009
84572
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
363.38
$5,626.93
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-514
001
23012
39.78
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-INSPECTION
0015510
R45227
150.50
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
295.00
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-569
001
23012
228.09
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-569
001
34650
-228.09
4/912009
HALL & FOREMAN, INC.
PROF.SVCS-EN 06-514
001
1 23012
159.12
Page 9
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/9/2009
84572...
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-589
001
23012
125.00
$5,626.93 ...
4/9/2009
84576
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-589
001
34650
-125.00
$35.00
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-569
001
23012
912.35
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-574
001
23012
62.50
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-574
001
34650
-62.50
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-589
001
23012
500.00
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-560
001
23012
263.52
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-560
001
34650
-263.52
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-574
001
23012
250.00
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 08-626
001
23012
93.75
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 08-626
001
34650
-93.75
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-560
001
23012
1,054.08
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-559
001
34650
-168.75
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-580
001
23012
105.00
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 08-626
001
23012
375.00
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 04-459
001
34650
-196.88
4/912009
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-559
001
23012
675.00
4/912009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-559
001
23012
168.75
4/9/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-514
001
34650
-39.78
4/9/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 04-459
001
23012
787.50
4/9/2009
HALL & FOREMAN, INC.
JADMIN FEE -EN 04-459
1 001
1 23012
1 196.88
4/9/2009 1 84573 1HASLERINC JEQ RENTAL -POSTAGE MACHINE 0014090 1 42130 1 146.141 $146.14
4/9/2009
84574
HOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
42210
50.87
$844.55
4/9/2009
1
HOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
42210
330.40
4/9/2009
84576
HOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
42210
425.27
$35.00
4/9/2009
HOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
42210
38.01
4/9/2009
84575
IGHEN FUNG HUNG
REFUND -CASH BOND
1001
1 23012 1
500.001
$500.00
4/9/2009
1
INLAND EMPIRE STAGES
TRANS -EXCURSION
1125350
1 45310
800.50
4/9/2009 1
84576
IMARICELA HURTADO
IRECREATION REFUND
1 001
1 34780 1
35.00
$35.00
4/9/2009
1 84577
INLAND EMPIRE STAGES
EXCURSION-REAGAN LIBRARY
0015350
1 45310
1,485.00
$2,285.50
4/9/2009
1
INLAND EMPIRE STAGES
TRANS -EXCURSION
1125350
1 45310
800.50
Page 10
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct # i
Amount Total Check Amount
4/9/2009 84578
INLAND VALLEY CONSTRUCTION COMPANY
ADD CHNG REFUND -EN 09-637
001
23012
1 230.00 $230.00
4/9/2009
84579
INLAND VALLEY HUMANE SOCIETY
ANIMAL CONTROL SVCS -APR
0014431
45403
8,523.011
$9,773.08
4/9/2009
1
1 INLAND VALLEY HUMANE SOCIETY
FACILITY ASSESSMENT -APR
0014431
1 45403
1,250.00
4/9/2009
84580
JENKINS & HOGIN, LLP
LEGAL SVCS -SCRIBBLES MAR
0014020
44021
46.60
$21,103.10
4/9/2009
1
JENKINS & HOGIN, LLP
LEGAL SVCS -FINANCE MAR
0014020
44020
17.80
4/9/2009
84582
JENKINS & HOGIN, LLP
LEGAL SVCS-INDUSTRY/NFL
0014020
44021
7,386.10
$116.14
4/9/2009
JENKINS & HOGIN, LLP
GEN LEGAL SVCS -MAR 09
0014020
44020
3,862.60
4/9/2009
84583
JENKINS & HOGIN, LLP
LEGAL SVCS -COM DEV MAR
0014020
44020
5,963.00
$500.00
4/9/2009
JENKINS & HOGIN, LLP
LEGAL SVCS-PNVORKS MAR
0014020
44020
3,827.00
4/9/2009 1
84581
IBEN YI KUO
JADD CHNG REFUND -EN 08-610
1 001
1 23012 1
230.00
$230.00
4/912009
1
LEAD TECH ENVIRONMENTAL
HIP PROG-23860 CHOLAME
1255215
44000
325.00
4/9/2009
84582
1 KWIK COVERS
SUPPLIES -DBC
1 0015333
1 41200 1
116.141
$116.14
4/9/2009
84583
IL & G CABLE CONSTRUCTION
IPERMIT REFUND -EP 09-4021
1 001
1 23012 1
500.001
$500.00
4/9/2009 1
84584
ICITY OF LA VERNE
PRKG CITE HRGS-MAR 09
1 0014411
1 45405 1
130.00
$130.00
4/9/2009
84585
LEAD TECH ENVIRONMENTAL
HIP PROG-1165 CLEAR CREEK
1255215
44000
400.00
$975.00
4/912009
1
LEAD TECH ENVIRONMENTAL
HIP PROG-23860 CHOLAME
1255215
44000
325.00
4/9/2009
LEAD TECH ENVIRONMENTAL
HIP PROG-23421 STIRRUP
1255215
44000
250.00
4/9/2009 1 84586 CHUN MEI LEE JADD CHNG REFUND -EN 09-636 001 1 23012 1 230.00 $230.00
4/9/2009
84587
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 08-624
001
23012
636.29
$636.29
4/9/2009
1
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 08-624
001
23012
114.53
4/912009
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 08-624
001
34650
-114.53
4/9/2009
84588
LOS ANGELES COUNTY PUBLIC WORKS
SUMP PUMP MAINT-FEB 09
0015340
42210
300.62
$1,270.63
4/9/2009
1
LOS ANGELES COUNTY PUBLIC WORKS
1TRFFC SIGNAL MAINT-JAN
0015554
1 45507
970.01
4/9/2009 1 84589 JMYISHA MCGOWAN IRECREATION REFUND 1 001 1 34780 1 60.001 $60.00
4/9/2009 1 84590 IMARIA MENDOZA IRECREATION REFUND 1 001 1 34780 1 50.001 $50.00
Page 11
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date Check Number Vendor Name Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/9/2009 84591 SANDRA MENESES RECREATION REFUND
001
34740
1 79.00
$79.00
4/9/2009 1 84592 IMETROCELL CONSTRUCTION INC JADD CHNG REFUND -EN 08-618 1 23012 1 230.001 $230.00
4/9/2009
84593
METROLINK
RETURNED -METROLINK PASSES
1125553'
45535
-11,336.00
$85,985.75
4/9/2009
1
METROLINK
METROLINK PASSES -MAR 09
1125553
45533
79,617.52
1
4/9/2009
84595
METROLINK
CITY SUBSIDY -MAR 09
1125553
45535
17,704.23
$2,412.19
4/9/2009 1
84594
IMINUTEMAN PRESS R & D BLUEPRINT
IPRINT SVCS -EN 07-569
001
1 23012 1
13.251
$13.25
4/9/2009
1
OLYMPIC STAFFING SERVICES
TEMP SVCS-C/SVCS WK 3/22
0015310
1 44000
1 615.66
4/9/2009 1
84595
IMITY LITE INC
TABLES -DBC
0015333
1 46250 1
2,412.191
$2,412.19
4/9/2009 1
84596
ISARAH MOLINA
IFACILITY REFUND-SYC CYN
001
1 23002 1
70.001
$70.00
4/9/2009
1 84597
OLYMPIC STAFFING SERVICES
TEMP SVCS-C/SVCS WK 3/29
0015310
44000
476.64
$1,092.30
4/9/2009
1
OLYMPIC STAFFING SERVICES
TEMP SVCS-C/SVCS WK 3/22
0015310
1 44000
1 615.66
4/9/2009 1
84598
IJOSE PACIS
IFACILITY REFUND -DBC
1 001
1 36615 1
400.00
$400.00
4/9/2009
PROTECTION ONE INC
ALARM SVCS-SYC CYN
0015340
42210
97.20
4/9/2009 1
84599
IMAGALY PADILLA
IFACILITY REFUND-PANTERA
1 001
1 23002 1
50.001
$50.00
4/9/2009 1
84600
JPAETEC COMMUNICATIONS INC.
ILONG DIST PH SVCS -MAR -APR
1 0014090
1 42125 1
819.641
$819.64
4/9/2009 1
84601
1PREMIER PAVING INC
IRETENTION PAYMENT
1250
1 20300 1
4,287.321
$4,287.32
4/9/2009 1
84602
IMELANIE PRITCHETT
IFACILITY REFUND -HERITAGE
1 001
1 23002 1
50.001
$50.00
4/9/2009
84603
PROTECTION ONE INC
ALARM SVCS -DBC APR -JUN
0015333
42210
52.50
$236.04
4/9/2009
PROTECTION ONE INC
ALARM SVCS-SYC CYN
0015340
42210
97.20
4/9/2009
84605
PROTECTION ONE INC
ALARM SVCS -HERITAGE PK
0015340
42210
86.34
$70.28
4/9/2009 1
84604
1JENNIE QUAN
REFUND -PARKING CITATION
1 001
1 32230 1
45.001
$45.00
4/9/2009 1
84605
IRICK B YEE
REIMB-LEAGUE CONF
1 0015510
1 42330 1
70.281
$70.28
4/9/2009 1
84606
ISECTRAN SECURITY INC.
ICOURIER SVCS -APR 09
1 0014090
1 44000 1
299.731
$299.73
Page 12
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/9/2009
84607
ANKIT SHAH
FACILITY REFUND -DBC
001
23004
116.15
$4,716.15
4/9/2009
84609
ANKIT SHAH
FACILITY REFUND -DBC
001
36615
3,300.00
$230.00
4/9/2009
ANKIT SHAH
FACILITY REFUND -DBC
001
23002
200.00
4/9/2009
84610
ANKIT SHAH
FACILITY REFUND -DBC
001
36615
600.00
$525.54
4/9/2009
ANKIT SHAH
FACILITY REFUND -DBC
001
23002
500.00
4/9/2009 1
84608
ICATHERINE SHEN
IRECREATION REFUND
1 001
1 34780 1
65.001
$65.00
4/9!2009
1
SMART &FINAL
SUPPLIES -COMM SVCS
0015350
41200
126.93
4/9/2009 1
84609
JQI LI SHU
JADD CHNG REFUND -EN 09-631
1 001
1 23012 1
230.00
$230.00
4/9/2009 1
84610
ISILVER STATE COACH INC
TRANS -EXCURSION
1 1125350
1 45310 1
525.541
$525.54
4/912009
84611
SMART &FINAL
SUPPLIES -DAY CAMP
0015350
1 41200
90.86
$217.79
4/9!2009
1
SMART &FINAL
SUPPLIES -COMM SVCS
0015350
41200
126.93
4/9/2009 1
84612
ISONIA SOTELO
IFACILITY REFUND -DBC
1 001
1 36615 1
400.001
$400.00
4/9/2009
1
IVERIZON
VERIZON CALIFORNIA
1PH.SVCS-DBC
0015340
1 42125 i
253.67
4/9/2009 1
84613
ISTITCHES UNIFORMS & EMBROIDERY
SUPPLIES -DAY CAMP
1 0015350
1 41200 1
2,199.641
$2,199.64
4/9/2009 1
84614
ITENNIS ANYONE
1CONTRACT CLASS -WINTER
1 0015350
1 45320 1
85.401
$85.40
4/9/2009 1
84615
ITHE GUPTA INVESTMENT TRUST
JADD CHNG REFUND -EN 09-629
001
1 23012 1
230.001
$230.00
4/9/2009 1
84616
ITHE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD-P/H ENT ORD
1 0014030
1 42115 1
455.50
$455.50
4/9/2009 1
84617
ITIME WARNER
JINTERNET SVCS -HERITAGE
1 0015340
1 42126 1
116.011
$116.01
4/9/2009 1
84618
TRI -CITIES POOL SERVICE & REPAIR
IFOUNTAIN MAINT-DBC MAR
1 0015333
1 45300 1
160.00
$160.00
4/9/2009 1
84619
JUCN INC
ILONG DIST SVCS -MAR 09
1 0014090
1 42125 1
53.291
$53.29
4/9/2009 1
84620
JUNITED RENTALS OF NORTHWEST INC
JEQ RENTAL -STEEP CYN TRL
0015340
1 42130 1
207.961
$207.96
4/9/2009 1
84621
IVALLEY CREST LANDSCAPE MAINT INC
IREPLANT SLOPE -MAPLE HILL
0015340
1 42210 1
3,072.001
$3,072.00
4/9/2009
84622
CALIFORNIA
PH.SVCS-PETERSON PAY/PH
0015340
42125
4.96
$1,369.95
4/9/2009
1
IVERIZON
VERIZON CALIFORNIA
1PH.SVCS-DBC
0015340
1 42125 i
253.67
Page 13
City of Diamond Bar - Check Register 04/02/09 thru 04/15/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/9/2009
84622...
VERIZON CALIFORNIA
PH.SVCS-MAPLE HILL
0015340
42125
87.80
$1,369.95 ...
4/912009
84626
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
717.51
$50.00
4/9/2009
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
58.41
4/9/2009
84630
VERIZON CALIFORNIA
PH.SVCS-HERITAGE FAX
0015340
42125
36.85
$2,000.00
4/9/2009
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
93.01
4/9/2009
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
29.94
4/9/2009
IVERIZON CALIFORNIA
PH.SVCS-REAGAN 1
0015340
1 42125
87.80
4/9/2009
84623
WALNUT HILLS FIRE PROTECTION CO
FIRE EXTINGUISHER SVC -DBC
0015333
42210
194.71
$715.98
4/9/2009
1
WALNUT HILLS FIRE PROTECTION CO
FIRE EXTINGUISHER SVC-EOC
0014440
42200
173.75
4/9/2009
84626
WALNUT HILLS FIRE PROTECTION CO
FIRE EXTINGUISHER SVC-PRK
0015340
42210
173.75
$50.00
4/9/2009
WALNUT HILLS FIRE PROTECTION CO
FIRE EXTINGUISHER SVC-VEH
0014090
42200
173.77
4/9/2009
84624
WALNUT VALLEY UNIFIED SCHOOL DIST
FACILITY RENTAL -JAN -MAR
0015350 1
42140
1 540.00
$6,620.00
4/9/2009
1
WALNUT VALLEY UNIFIED SCHOOL DIST
FACILITY RENTAL -JAN -MAR
0015350 1
42140
1 6,080.00
4/9/2009 1
84625
WALNUT/DIAMOND BAR SHERIFF'S
MTG-COUNCIL
0014010
1 42325 1
30.001
$30.00
4/9/2009
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 08-627
001
23012
66.60
4/9/2009 1
84626
JANNIE WANG
IFACILITY REFUND-REAGAN
001
1 23002 1
50.001
$50.00
4/9/2009
84627
WILLDAN GEOTECHNICAL
PROF.SVCS-EN 08-627
001
23012
370.00
$370.00
4/9/2009
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 08-627
001
23012
66.60
4/9/2009
84629
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 08-627
001
34650
-66.60
$437.50
4/9/2009 1
84628
IBERENICE WRIGHT
IRECREATION REFUND
1 001
1 34780 1
50.001
$50.00
4/9/2009 1
84629
IPAUL WRIGHT
JAN SVCS -P/C, PIR, CNCL
1 0014090
1 44000 1
437.501
$437.50
4/9/2009 1
84630
IFU YUN XU
IFACILITY REFUND -DBC
1 001
1 23002 1
2,000.001
$2,000.00
$634,473.50
Page 14
CITY COUNCIL
Agenda # 6.5
Meeting Date: April 21, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mang
TITLE: Receive, accept and file Propositi n A Local Return Fund, Proposition C Local Return
Fund and Transportation Development Act Article 3 Annual Financial Report for the
fiscal years ended June 30, 2008 and 2007.
RECOMMENDATION:
Receive, accept and file.
FINANCIAL IMPACT:
No Fiscal Impact.
BACKGROUND/DISCUSSION:
The City of Diamond Bar receives Prop A and Prop C Transit Tax, which is a percentage of sales tax.
Los Angeles County Metropolitan Transportation Authority (LACMTA) distributes these revenues on a
per capita basis. TDA revenues are also allocated by LACMTA and allocations are based on a
formula developed by the State.
LACMTA requires Prop A, Prop C and TDA funds be audited on an annual basis. The LACMTA
auditors of Vasquez & Company LLP completed their audit in March 2009 for the fiscal year ended
June 30, 2008. The audits were conducted in accordance with generally accepted accounting
principals and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States of America. The rules and
regulations of LACMTA, Prop A, Prop C and TDA were also an integral part of the audit. In April
2009, the City received the final version of the audit report. In the auditors' opinion, the City of
Diamond Bar complied in all material respects with the requirements and guidelines of LACMTA for
the year ended June 30, 2008 with the exception of one minor noncompliance finding as listed in the
Compliance Matrix. The following is the finding and staff's response to this finding:
Page 19 — A.6: "FW08 Form B was submitted on August 17, 2007 which was beyond the filing due
date of August 1, 2007".
Staff's response — FY'08 Form B was submitted after the August 1St filing due date due staff changes
and the subsequent transitioning of assignments within the Public Works Department. When it was
discovered that the deadline was missed the form was completed and submitted. The Finance
Division has improved its monitoring of report submittal to ensure that all deadlines are and will be
met in the future.
Per City policy, the Finance Department presents the audited reports for the City Council's review and
acceptance.
PREPARED BY:
Linda G. Magnuson, Finance Director
1. LTJ I_AINTI Is] I"W i
Finance' director Assistant City Manager
Attachment: Prop A, Prop C and TDA Annual Report as prepared by Vasquez & Company L.L.P.
City of Diamond Bar
Annual Financial Report of its
Proposition A Local Return Fund
Proposition C Local Return Fund
Transportation Development Act Article 3 Fund
Years ended June 30, 2008 and 2007
i
FINANCIAL SECTION
Report of Independent Auditors
City of Diamond Bar
Table of Contents
PAGE
1
Proposition A Local Return Fund:
Basic Financial Statements:
Balance Sheets 3
Statements of Revenues, Expenditures and Changes in Fund Balance 4
Supplemental Information:
Schedule of Expenditures — Actual and Metro Approved Project Budget 5
Schedule of Capital Assets 6
Proposition C Local Return Fund:
Basic Financial Statements:
Balance Sheets 7
Statements of Revenues, Expenditures and Changes in Fund Balance 8
Supplemental Information:
Schedule of Expenditures — Actual and Metro Approved Project Budget 9
Schedule of Capital Assets 10
Transportation Development Act Article 3 Fund:
Basic Financial Statements:
Balance Sheets 11
Statements of Revenues, Expenditures and Changes in Fund Balance 12
Supplemental Information:
Schedule of Transportation Development Act Allocation for Specific
Projects 13
Notes to Financial Statements
14
Report of Independent Auditors on Internal Control over Financial Reporting and on
Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 16
COMPLIANCE SECTION
Report of Independent Auditors 18
Compliance Matrix 19
EXIT CONFERENCE 20
FINANCIAL SECTION
�► VASQU EZ
& COMPANY LLP
C CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS
(801 South Grand Avenue, Suite 400 ■ Los Angeles, CA 90017-4646 ■ Ph. (2 13) 629-9094 - Fax (213) 996-4242 • www.vasquezcpa.com
Report of Independent Auditors
To the Honorable Members of the City Council of the
City of Diamond Bar, California and the
Los Angeles County Metropolitan Transportation Authority
We have audited the balance sheets of the Proposition A Local Return Fund, Proposition C Local
Return Fund, and the Transportation Development Act Article 3 Fund, of the City of Diamond Bar,
California (City) as of June 30, 2008 and 2007, and the accompanying statements of revenues,
expenditures, and changes in fund balance for the years then ended. These statements are the
responsibility of the City's management. Our responsibility is to express an opinion on these financial
statements based on our audits.
We conducted our audits in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Those standards require that we
plan and perform the audits to obtain reasonable assurance about whether the financial statements
are free of material misstatement. An audit includes consideration of internal control over financial
reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not
for the purpose of expressing an opinion on the effectiveness of the City's internal control over
financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a
test basis, evidence supporting the amounts and disclosures in the financial statements, assessing
the accounting principles used and significant estimates made by management, as well as
evaluating the overall financial statement presentation. We believe that our audits provide a
reasonable basis for our opinion.
As discussed in Note 2, the financial statements present only the Proposition A Local Return Fund,
Proposition C Local Return Fund, and Transportation Development Act Article 3 Fund, and do not
purport to, and do not, present fairly the City's financial position as of June 30, 2008 and 2007, and
the changes in fund balance for the years then ended in conformity with accounting principles
generally accepted in the United States of America.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
financial position of the Proposition A Local Return Fund, Proposition C Local Return Fund, and
Transportation Development Act Article 3 Fund, of the City of Diamond Bar, California as of June 30,
2008 and 2007, and the changes in their fund balance for the years then ended, in conformity with
accounting principles generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated
December 29, 2008 on our consideration of the City of Diamond Bar, California's internal controls
over financial reporting and on our tests of its compliance with certain provisions of laws, regulations,
contracts and grant agreements and other matters. That report is an integral part of an audit
performed in accordance with Government Auditing Standards and should be considered in
assessing the results of our audit.
Registered with Public Company Accounting Oversight Board
Member of Private Companies Practice Section & Center for Public Company Audit Firms
The Proposition A Local Return Fund, Proposition C Local Return Fund, and the Transportation
Development Act Article 3 Fund, of the City has not presented a Management's Discussion and
Analysis that accounting principles generally accepted in the United States of America have
determined is necessary to supplement, although not required to be part of the basic financial
statements.
The accompanying supplemental information as listed in the table of contents is presented for
purposes of additional analysis and is not a required part of the basic financial statements. The
supplemental information has been subjected to the auditing procedures applied in the audit of the
basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the
basic financial statements taken as a whole.
This report is intended solely for the information and use of the City of Diamond Bar and the Los
Angeles County Metropolitan Transportation Authority and is not intended to be and should not be
used by anyone other than these specified parties.
Caw ' U
Los Angeles, California
December 29, 2008
City of Diamond Bar
Proposition A Local Return Fund
Balance Sheets
June 30
2008 2007
ASSETS
Cash $ 1,080,928 $ 982,497
Accounts receivable 14,334 -
Total assets $ 1,095,262 $ 982,497
LIABILITIES AND FUND BALANCE
Liabilities
Accounts payable $ 389,197 $ 279,419
Accrued payroll 2,478 2,018
Total liabilities 391,675 281,437
Fund balance
Restricted 703,587 701,060
Total fund balance 703,587 701,060
Total liabilities and fund balance $ 1,095,262 $ 982,497
See notes to financial statements.
3
City of Diamond Bar
Proposition A Local Return Fund
:7
Statements of Revenues, Expenditures and Changes in Fund Balance
Years ended June 30
J'
2008 2007
Revenues
Proposition A $
953,943 $ 959,676
Interest income
40,049 52,991
Project generated revenue
903,051 786,298
Total revenues
1,897,043 1,798,965
Expenditures
Various projects
1,894,516 2,036,136
Total expenditures
1,894,516 2,036,136
r
.
Excess (deficiency) of revenues
over expenditures
2,527 (237,171)
Fund balance at beginning of year
701,060 938,231
Fund balance at end of year $
703,587 $ 701,060
i
iJ
J
�a
c
J
See notes to financial statements.
4
City of Diamond Bar
Proposition C Local Return Fund
Balance Sheets
June 30
2008 2007
ASSETS
Cash $ 1,526,646 $ 1,531,654
Total assets $ 1,526,646 $ 1,531,654
LIABILITIES AND FUND BALANCE
Liabilities
Accounts payable $ - $ -
Total liabilities - -
Fund balance
Restricted 1,526,646 1,531,654
Total fund balance 1,526,646 1,531,654
Total liabilities and fund balance $ 1,526,646 $ 1,531,654
See notes to financial statements.
7
City of Diamond Bar
Proposition C Local Return Fund
Statements of Revenues, Expenditures and Changes in Fund Balance
Years ended June 30
2008 2007
Revenues
Proposition C $ 794,267 $ 797,919
Interest income 70,149 73,023
Total revenues 864,416 870,942
Expenditures
Various projects 869,424 695,605
Total expenditures 869,424 695,605
Excess (deficiency) of revenues
over expenditures (5,008) 175,337
Fund balance at beginning of year 1,531,654 1,356,317
Fund balance at end of year $ 1,526,646 $ 1,531,654
See notes to financial statements.
8
City of Diamond Bar
Proposition C Local Return Fund
Supplemental Information
Schedule of Expenditures - Actual and Metro Approved Project Budget
Year ended June 30, 2008
Actual for 2007
2008
Variance
Bit
Project
Metro
Positive 2007
Code
Project Name
Budget
Actual (Negative) Actual
400-15
Traffic Signal installation at Pathfinder Road and
Peaceful Hills Road $
$
- $ $ (38,305)
400-20
Traffic Signal Modification at Diamond Bar Blvd and
Sunset Crossing Road
- 2,997
J
400-21
Traffic Signal Modification at Diamond Bar Blvd and
Northbound SR -57 on Ramp
- - 2,398
-,
400-22
Traffic Signal Modification at Diamond Bar Blvd and
Cold Spring Lane
- 17,961
400-23
Traffic Signal Modification at Brea Canyon Road and
J
Silver Bullet Drive
40,000
182 39,818 27,962
400-24
Traffic Signal Modification at Diamond Bar Blvd and
Laurel Way
75,000
813 74,187 69,087
400-27
Traffic Signal Modification at Diamond Bar Blvd and
Cold Spring Lane
100,000
182 99,818 14,360
400-28
Traffic Signal Modification at Golden Spring Drive
Prospectors Road
100,000
182 99,818 14,324
-,
400-29
Traffic Signal Modification at Diamond Bar Blvd
and Highland Valley Blvd
280,000
20,406 259,594 248,455
400-32
Traffic Signal Modification at Diamond Bar Blvd and
p
Golden Springs
160,000
123,439 36,561 10,000
400-33
Traffic Signal Modification at Brea Canyon and
Springs Dr.
160,000
140,900 19,100 10,198
JGolden
400-34
Traffic Signal Interconnect Links at Various Location
935,000
222,511 712,489 20,429
400-35
Traffic Signal Installation for Golden Springs Dr.
and Racquet Club Rd.
165,000
203,713 (38,713) 9,614
400-36
Signal Modification at Diamond Bar Blvd and
Grand Ave.
265,000
2,696 262,304 286,125
J
400-37
DB Traffic Mgnt System- CCTV Cameras
105,000
- 105,000 -
400-38
DB Traffic Mgnt System- Hardware
135,000
134,400 600
400-39
Traffic Signal Interconnect - Phase 2
320,000
- 320,000
400-40
Traffic Signal Mdfctn @ BCY Rd & Pathfinder Rd
100,000
2,700 97,300
400-41
Traffic Signal Mdfctn @ BCY Rd & DB Blvd
95,000
9,000 86,000
400-42
Traffic Signal Mdfctn @ Goldn Spgs & Lemon Ave
95,000
8,300 86,700 -
Total expenditures $
3,130,000 $
869,424 $ 2,260,576 $ 695,605
0
t
9
City of Diamond Bar
Proposition C Local Return Fund
Supplemental Information
Schedule of Capital Assets
Year ended June 30, 2008
Balance Balance
Date July 1, June 30,
Acquired Description 2007 Additions Deletions 2008
None $ _ $ _ $ $
Total$ -$ _$ _$ _
ASSETS
Cash
Due from other governments
City of Diamond Bar
Transportation Development Act Article 3 Fund
Balance Sheets -
Pursuant to Public Utilities Code Section 99234
June 30
2008 2007
$ 9,756 $ -
- 26,825
Total assets $ 9,756 $ 26,825
LIABILITIES AND FUND BALANCE
Liabilities
Due to General Fund $
Total liabilities
$ 26, 825
26,825
Fund balance
Restricted 9,756 -
Total fund balance 9,756 -
Total liabilities and fund balance $ 9,756 $ 26,825
See notes to financial statements,
11
City of Diamond Bar
Transportation Development Act Article 3 Fund
Statements of Revenues, Expenditures and Changes in Fund Balance
Years ended June 30
Revenues
Intergovernmental Allocations:
Article 3
Interest income
2008 2007
$ 36,569 $ -
12 -
Total revenues 36,581 -
Expenditures
Construction
Total expenditures
Excess of revenue over expenditures
Other financing uses:
Transfers to General Fund for amounts due
Excess of revenue over expenditures
and other financing uses
Fund balance at beginning of year
Prior year item
Fund balance at end of year
36,581 -
(26,825) -
9,756 -
- (149,497)
149,497
$ 9,756 $ -
See notes to financial statements.
12
City of Diamond Bar
Transportation Development Act Article 3 Fund
Supplemental Information
Schedule of Transportation Development Act Allocation for Specific Projects
Year ended June 30, 2008
Project Description
Local Allocations:
Bikeways, lanes and paths
Totals
Transfers to General Fund for amounts due
Unexpended interest accumulated to date
Fund balance at beginning of year
Fund balance at end of year
Totals to Date
Program Unexpended Project
Year Allocations Expenditures Allocations Status
2008 $ 36,569 $ - $ 36,569 On-going
$ 36,569 $ - 36,569
(26, 825)
12
$ 9,756 a
a Funds were expended through the City's Trails Fund in FY 2008109.
13
5
City of Diamond Bar
Notes to Financial Statements
Years ended June 30, 2008 and 2007
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Fund Accounting
The operations of the Proposition A Local Return Fund (PALRF) and Proposition C
Local Return Fund (PCLRF) are accounted for in separate sets of self -balancing
accounts that comprise their assets, liabilities, fund balance, revenue and
r� expenditures.
PALRF and PCLRF represent 25% and 20%, respectively, of the Y2 cent
Proposition A and Y2 cent Proposition C sales taxes which are distributed to the
r. jurisdictions within Los Angeles County based on population and must be used
exclusively for transportation related programs and projects.
Transportation Development Act Article 3 Fund (TDAA3F) is pooled with other City
monies in the Special Revenue Fund. The Special Revenue Fund accounts for the
City's share of the Transportation Development Act Article 3 allocations which are
legally restricted for specific purposes.
Basis of Accounting
PALRF, PCLRF and the TDAA3F are accounted for using the modified accrual
basis of accounting whereby revenues are recognized when they become both
measurable and available to finance expenditures of the current period and
expenditures are generally recognized when the related fund liabilities are incurred.
NOTE 2 ANNUAL FINANCIAL STATEMENTS
The financial statements reflect only the financial position and results of operations
of the PALRF, PCLRF and TDAA3F and their compliance with the Proposition A
and Proposition C Local Return Program Guidelines, Transportation Development
Act Article 3 and the Los Angeles County Metropolitan Transportation Authority
Funding and Allocation Guidelines for Transportation Development Act Article 3
Bicycle and Pedestrian Funds.
NOTE 3 PROPOSITION A AND PROPOSITION C LOCAL RETURN COMPLIANCE
REQUIREMENT
In accordance with Proposition A and Proposition C Local Return Program
Guidelines, funds received pursuant to these guidelines may only be used for
i Proposition A and Proposition C Local Return approved programs.
NOTE 4 TRANSPORTATION DEVELOPMENT ACT COMPLIANCE REQUIREMENTS
In accordance with Public Utilities Code Section 99234, funds received pursuant to
this Code's section may only be used for activities relating to pedestrians and
bicycle facilities.
14
ie
�7 City of Diamond Bar
Notes to Financial Statements
Years ended June 30, 2008 and 2007
NOTE 5 CASH
The PALRF, PCLRF and TDAA3F cash balances were pooled with various other
City funds for deposit and investment purposes. The share of each fund in the
pooled cash account was separately maintained and interest income was
apportioned to the participating funds based on the relationship of their average
quarterly balances to the total of the pooled cash and investments.
NOTE 6 TRANSPORTATION DEVELOPMENT ACT FUND REVENUE ALLOCATION
The revenue allocation for the years ended June 30, 2008 and 2007 consisted of
the following:
2008 2007
Prior reserves $ - $ 122,672
FY 2007/08 allocation 36,569 -
$ 36,569 $ 122,672
For the fiscal year 2006-2007, the City received allocation from TDA Article 3 funds
amounting to $122,672 coming from the City's reserves totaling to $88,432 and the
current year apportionment of $34,240. The said allocation was reflected as part of
the prior period adjustment in Note 8.
NOTE 7 TRANSPORTATION DEVELOPMENT ACT FUNDS RESERVED
In accordance with TDA Article 3 (S13821) Guidelines, funds which will not be spent
during the fiscal year have been placed on reserve in the Local Transportation
Fund (LTF) account with the County Auditor -Controller to be drawn down whenever
the funds become eligible for a specific project and an approved drawdown request
is received by Metro. As of June 30, 2008 and 2007, the City has no funds on
reserve.
NOTE 8 PRIOR PERIOD ITEM
Prior period adjustment in FY 2006/07 amounting to $149,497 represents accrual
of revenue to cover for the excess TDAA3F expenses over revenue of the prior
year.
15
► VA SQ
& COMPANY LLP
ECERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS
801 South Grand Avenue, Suite 400 • Los Angeles, CA 90017-4646 • Ph. (213) 629-9094 - Fax (213) 996-4242 • www.vasquezcpa.com
Report of Independent Auditors on Internal Control over Financial Reporting
and on Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards
To the Honorable Members of the City Council of the
City of Diamond Bar, California and the
Los Angeles County Metropolitan Transportation Authority
We have audited the financial statements of the Proposition A Local Return Fund, Proposition C
Local Return Fund, and the Transportation Development Act Article 3 Fund, of the City of Diamond
Bar, California (City) as of and for the years ended June 30, 2008 and 2007, and have issued our
report thereon dated December 29, 2008. We conducted our audits in accordance with auditing
standards generally accepted in the United States of America and the standards applicable to
financial audits contained in Government Auditing Standards, issued by the Comptroller General of
the United States.
r�
Internal Control over Financial Reporting
In planning and performing our audit, we considered the City's internal control over financial
reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion
on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of
L. the City's internal control over financial reporting. Accordingly, we do not express an opinion on the
EI effectiveness of the City's internal control over financial reporting.
A control deficiency exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent or detect
misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of
control deficiencies, that adversely affects the City's ability to initiate, authorize, record, process, or
report financial data reliably in accordance with generally accepted accounting principles such that
there is more than a remote likelihood that a misstatement of the City's financial statements that is
more than inconsequential will not be prevented or detected by the City's internal control.
A material weakness is a significant deficiency, or combination of significant deficiencies, that results
in more than a remote likelihood that a material misstatement of the financial statements will not be
prevented or detected by the City's internal control.
Our consideration of internal control over financial reporting was for the limited purpose described in
F the first paragraph of this section and would not necessarily identify all deficiencies in internal control
that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in
internal control over financial reporting that we consider to be material weaknesses, as defined
above.
r
Registered with Public Company Accounting Oversight Board
E Member of Private Companies Practice Section & Center for Public Company Audit Firms
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's Proposition A Local Return
Fund, Proposition C Local Return Fund, and Transportation Development Act Article 3 Fund,
financial statements are free of material misstatement, we performed tests of its compliance with
certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which
could have a direct and material effect on the determination of financial statement amounts.
However, providing an opinion on compliance with those provisions was not an objective of our
audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no
instances of noncompliance or other matters that are required to be reported under Government
Auditing Standards.
This report is intended solely for the information and use of the City and the Los Angeles County
Metropolitan Transportation Authority and is not intended to be and should not be used by anyone
other than these specified parties.
VG_� L +- LLi�
Los Angeles, California
December 29, 2008
COMPLIANCE SECTION
VASQU EZ
& COMPANY LLP
ICERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS
Im
I
801 South Grand Avenue, Suite 400 • Los Angeles, CA 90017-4646 • Ph. (213) 629-9094 ■ Fax (213) 996-4242 • www.vasquezcpa.com
Report of Independent Auditors
To the Honorable Members of the City Council of the
Ll
City of Diamond Bar, California and the
Los Angeles County Metropolitan Transportation Authority
rj
We have audited the compliance of the City of Diamond Bar, California (City) with the Proposition A
and Proposition C Local Return Guidelines, Transportation Development Act Article 3 and the Los
Angeles County Metropolitan Transportation Authority's Funding and Allocation Guidelines for
Transportation Development Act Article 3 Bicycle and Pedestrian Funds (Guidelines) for the year
ended June 30, 2008. Management is responsible for the City's compliance with those requirements.
Our responsibility is to express an opinion on the City's compliance based on our audit.
We conducted our audit in accordance with the Guidelines and attestation standards published by
the American Institute of Certified Public Accountants and, accordingly, included examining, on a
test basis, evidence about the City's compliance with these requirements and performing such other
- procedures as we considered necessary in the circumstances. We believe that our audit provides a
reasonable basis for our opinion. Our audit does not provide a legal determination on the City's
` compliance with those requirements.
In our opinion, except as noted in the Compliance Matrix, the City of Diamond Bar complied, in all
I ,>
material respects, with the aforementioned requirements for the year ended June 30, 2008.
This report is intended solely for the information and use of the City of Diamond Bar and Los
t- Angeles County Metropolitan Transportation Authority and is not intended to be and should not be
used by anyone other than these specified parties.
V"* 4- LS�
Los Angeles, California
December 29, 2008
K
w`
Registered with Public Company Accounting Oversight Board
Member of Private Companies Practice Section & Center for Public Company Audit Firms
City of Diamond Bar
Compliance Matrix
Year ended June 30, 2008
Compliance Requirements
In
Com [lance
Questioned
If no, provide details and
Costs
management response.
Yes
No
A. Proposition A and Proposition C
Local Return Funds
1. Timely use of funds
X
None
2. Expenditures approved before
being incurred.
X
None
3. Expenditures did not exceed
25% of Metro's approved
budget.
X
None
4. Administrative expenses are
within the 20% cap.
X
None
5. All on-going and carryover
projects were reported in Form
B.
X
None
6. Annual Project Summary
Finding:
Report (Form B) was
Form B was submitted on
submitted on time.
X
None
08/17/2007 which was beyond
the filing due date of August 1.
Management response:
Form B for FY 2007/2008 was
submitted after the August 1,
2007 deadline due to a time
period needed for transitioning
assignments within the Public
Works Department. In addition,
the Finance Division will monitor
the submittal of reports to
ensure timeliness.
7. Annual Expenditure Report
(Form C) was submitted on
time.
X
None
8. Cash or cash equivalents are
maintained.
X
None
9. Accounting procedures, record
keeping and documentation
are adequate.
X
None
B. Transportation Development Act
Article 3 Fund
1. Timely use of funds
X
None
2. Expenditures were incurred for
activities relating to pedestrian
and bicycle facilities and
amenities.
X
None
19
EXIT CONFERENCE
City of Diamond Bar
Exit Conference
Year ended June 30, 2008
An exit conference was held on March 4, 2009, at the City of Diamond Bar. Those in attendance
were
Vasquez & Company LLP representative:
Lin Ma — Ma & Associates
City of Diamond Bar representative:
Linda Magnuson — Finance Director
Matters discussed:
Results of the compliance audit disclosed one issue of non-compliance with Metro's Guidelines. The
financial audit disclosed no significant adjustments.
A copy of this report was forwarded to the following City of Diamond Bar representative(s) for their
comments prior to the issuance of the final report:
Linda Magnuson — Finance Director
20
Vasquez & Company LLP
801 S. Grand Avenue, Suite 400
Los Angeles, CA 90017
RE: CITY OF DIAMOND BAR, CALIFORNIA ANNUAL FINANCIAL REPORT OF THE
PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUND FOR THE YEARS ENDED
JUNE 30, 2008 AND 2007
I have received the annual financial report of the Proposition A Local Return Fund, Proposition C
Local Return Fund, and Transportation Development Act Article 3 Fund, for the years ended June
30, 2008 and 2007 for the City of Diamond Bar and agreed with the contents of the report except as
indicated below:
(Attach additional pages if necessary)
Very truly yours,
Name
Title
Date
Agenda #
Meeting Date: April 21, 2009
CITY COUNCIL AGENDA REPORT
�ORP(JR�T�
r9�y
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma g
TITLE: APPROVE THE DONATION OF RAILER TO THE WALNUT VALLEY UNIFIED SCHOOL
DISTRICT FOR USE BY THE DIAMOND BAR HIGH SCHOOL MARCHING BAND.
RECOMMENDATION:
Approve.
FISCAL IMPACT:
The donation will result in a minimal reduction in the City's insurance premiums with the California Joint
Powers Insurance Authority.
BACKGROUND:
Since incorporation, the City of Diamond Bar has had a long standing tradition of providing resources to local
schools and individual programs. In 1993, the City Council authorized the purchase of a trailer for use by the
Diamond Bar High School Marching Band to move equipment to and from events. The trailer is still in use by
the band today, more than 15 years after its purchase. The City has never utilized the trailer since its
purchase.
Staff recently determined that the City never officially transferred the trailer's Certificate of Title to the Walnut
Valley Unified School District as originally intended, and has been paying the ongoing insurance premiums. In
an effort to reduce outstanding liabilities with the California Joint Powers Insurance Authority (CJPIA) and
provide the school district with official ownership of the trailer as intended, staff recommends that the Council
approve the transfer of title to the Walnut Valley Unified School District.
Council action would formalize an agreement that was intended to have been completed at the time the trailer
was purchased. As the owner of the trailer, the District would be responsible for its insurance coverage. Upon
transfer of the title, the City will remove the trailer from its vehicle insurance schedule with the CJPIA effective
June 30, 2009.
Prepare y:
Anthony Santos
Management Analyst
Reviewed by:
David Doyle
Assistant City Manager
CITY COUNCIL
Agenda # 6.7 La)
Meeting Date: April 21, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man4%e
TITLE: RESOLUTION 2009 -XX: A RSO UTION GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF
COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY
LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND BAR,
PETITION NO. 182-1107(MOBILE HOME DEVELOPMENT AT TERMINUS OF
WASHINGTON STREET).
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The costs for the operation and maintenance of public street lights located within the Lighting
District are primarily funded by ad valorem property tax and supplemented by street lighting
assessments. The collection of property tax revenues has allowed the Lighting Districts to
maintain a low $13 annual base -assessment rate for a single family home. For other types of
property uses, such as apartments and commercial businesses, the assessment rates are
proportionately higher.
As shown on the attached Property Tax Transfer Work Sheet, the current allocated tax -share
ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City
would allocate $0.000670923 to County Lighting Maintenance District 10006, with a net share
to the City of $0.051246495. For example, a $10,000 increment in assessed valuation of a
parcel means that parcel will pay an additional $100 in property taxes, of which the City would
receive $5.125 and CLMD 10006 would receive $0.067.
Since this is a privately owned property (and a property tax revenue generating property), the
City, along with other special districts, would share a portion of the growth of the 1 % property
tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax
money; rather, the City, along with other special districts, will share the "growth" of property tax
with CLMD 10006. These property tax revenues help keep the base -rate assessment to a low
$13 for a single family home in CLMD 10006.
BACKGROUND/DISCUSSION:
The areas described as Petition No. 182-1107 (Mobile Home Development at the terminus of
Washington Street) is being processed for annexation to the County Lighting Maintenance
District (CLMD) 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to
provide funds for the operation and maintenance of six (6) street lights installed by the
developers. County Lighting Maintenance District 10006 is located wholly within the
jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los
Angeles on behalf of the City.
As part of the approval process for the Resolution Granting Consent and Jurisdiction to the
County of Los Angeles, a separate Joint Resolution (Agenda Items (b)) should be concurrently
approved by the City. City Council approval of the joint resolution is required between the
County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in
order to approve and accept the negotiated exchange of property tax revenues resulting from
the annexation of the subject areas into CLMD 10006. With the City's approval of the attached
Joint Resolution and the Resolution Granting Consent and Jurisdiction, there will be an
exchange of property tax revenues between the City of Diamond Bar and County Lighting
Maintenance District 10006.
PREPARED BY: DATE PREPARED:
Kimberly Molina, Associate Engineer April 14, 2009
REVIEWED
Davi G. Liu
Director of Public Works
Attachment: Resolution No. 2009 -XX
Los Angeles County Letter, dated March 9, 2009
Area Map
Property Tax Transfer Resolution Worksheet
RESOLUTION NO. 2009 -XX
A RESOLUTION GRANTING CONSENT AND JURISDICTION
TO THE COUNTY OF LOS ANGELES
IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006
AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE
CITY OF DIAMOND BAR
PETITION NO. 182-1107
WHEREAS, the Board of Supervisors of the County of Los Angeles is about to
commence proceedings under Divisions 7 and 15 of the Streets and Highways Code for the
annexation of territories to County Lighting Maintenance District 10006 and County Lighting
District LLA -1, Diamond Bar Zone; and
WHEREAS, street lights have been installed in the proposed annexation territory
known as Petition No. 182-1107 located in the City of Diamond Bar; and
WHEREAS, all of the land included in the proposed annexation lie within the
boundary of the City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond
Bar, as follows:
SECTION 1. That the public interest, convenience, and necessity require the
maintenance of a street lighting system located within said territory as shown on the map of
the proposed annexation territory to County Lighting Maintenance District 10006 and
County Lighting District LLA -1, Diamond Bar Zone, attached and on file in the office of the
Department of Public Works of the County of Los Angeles.
SECTION 2. That this City Council hereby consents to the annexation of said
territory, as shown on the enclosed map, included within the boundary of said annexation
and lying within the boundary of the City of Diamond Bar.
SECTION 3. That this City Council hereby finds and determines that the land
included within the boundary of the proposed annexation lying within the boundary of the
City of Diamond Bar, will be benefited by the proposed annexation, and hereby consents to
the inclusion of said land within the proposed annexation and to the assessment thereof.
SECTION 4. That the consent of the City of Diamond Bar is hereby given to
the commencement of the proceedings for said annexation to County Lighting Maintenance
District 10006 and County Lighting District LLA -1, Diamond Bar Zone, by the Board of
Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of
said Board of Supervisors over all proceedings necessary thereto for the purpose of
consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the
Streets and Highways Code.
SECTION 5. That the Clerk of the City Council is hereby directed to certify and
deliver two copies of this Resolution to the Department of Public Works of the County of
Los Angeles.
SECTION 6. The City Clerk shall certify to the passage of this Resolution by
the City Council of the City of Diamond Bar, and shall cause the same to be posted in three
(3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect.
The City Clerk shall certify to the adoption of the Resolution.
PASSED, APPROVED AND ADOPTED this 21St day of April, 2009.
Ron Everett, Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of the City
Council of the City of Diamond Bar held on 21St day of April, 2009, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
TOMMYE CRIBBINS, City Clerk
City of Diamond Bar
GAIL FARBER Director
March 9, 2009
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
"To Enrich Lives Through Effective and Caring Service"
RECEI V`�'
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5100
http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
Mr. Jim De Stefano
City Manager
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4178
Attention Mr. David Liu
Dear Mr. De Stefano:
IN REPLY PLEASE G
REFER TO FILE: T-5
STREET LIGHTING DISTRICTS
CONSENT AND JURISDICTION/NEGOTIATED TAX EXCHANGE RESOLUTIONS
RESULTING FROM ANNEXATION OF TERRITORY TO COUNTY LIGHTING
MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1,
DIAMOND BAR ZONE
CITY OF DIAMOND BAR
PETITION NO. 182-1107
The area shown on the enclosed map is being processed for annexation to
County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1,
Diamond Bar Zone, in order to provide funds for the operation and maintenance of
street lights installed by a developer. CLMD 10006 is located wholly within
the jurisdictional boundary of the City of Diamond Bar and is administered by
the County of Los Angeles on behalf of the City of Diamond Bar. Since this area is
located within the City of Diamond Bar's jurisdiction, City Counsel approval of
the enclosed Resolution Granting Consent and Jurisdiction to the County of
Los Angeles is required to accomplish this annexation.
In addition, enclosed is a Joint Resolution between the County of Los Angeles and
City of Diamond Bar approving and accepting the negotiated exchange of property tax
revenues resulting from the annexation of the subject territory to CLMD 10006. For new
annexations to a County -administered CLMD, our procedures require us to process
the exchange of property tax revenues concurrent with the Board of Supervisors'
approval of the annexation. Attached to the Joint Resolution is a Property Tax Transfer
Mr. Jim De Stefano
March 9, 2009
Page 2
Resolution Worksheet listing the share of the annual tax increment to be exchanged
between the City of Diamond Bar, other nonexempt taxing agencies (school -related
agencies are exempted by State law), and CLMD 10006. The tax -sharing ratios listed
in the worksheet attached to the Joint Resolution were calculated using a formula
approved by the Auditor -Controller and County Counsel. Upon your City's approval of
the enclosed resolutions, we will continue the annexation processing for this project and
schedule a Public Hearing before the County of Los Angeles Board of Supervisors.
The costs for the operation and maintenance of street lights located within a
County -administered CLMD are primarily funded by ad valorem property tax.
The collection of property tax revenues has allowed CLMD 10006 to maintain a low
$13 annual base -assessment rate for a single-family home within the Diamond Bar
Zone. As shown in the enclosed Property Tax Transfer Worksheet for Petition
No. 182-1107 (Tax Rate Area 10065), the current tax share ratio for the City of Diamond
Bar is 0.051917418. Out of the City's tax share, the City would allocate 0.000670923 to
CLMD 10006, with a net share to the City of Diamond Bar of 0.051246495,
or monetarily speaking, a $10,000 increment in assessed valuation of a parcel means
that the parcel will pay an additional $100 in property taxes, of which the City would
receive $5.125 and CLMD 10006 would receive $0.067.
We have prepared the enclosed resolutions for your use in this matter. Please have the
enclosed resolutions executed and returned to us in the enclosed self-addressed
envelope by April 28, 2009.
If you have any questions, please contact Ms. Tigist Desta at (626) 300-4755.
Very truly yours,
GAIL FARBER
D' ector of �Public Works
/V
DAVID N. STRINGER
Head, Street Lighting Section
Traffic and Lighting Division
TD:ch
P11pub\WPFILES\FILES\STL\TD\CONSENT & JURISDICTION (C&J's)\C&J DIAMOND BAR\PE 182-1107.doc
Enc.
CLMC
CURRIER
LEGEND
EXISTING STREET LIGHTS
PROPOSED ANNEXATION BOUNDARY
EXISTING LIGHTING DISTRICT CLMD's 1687 & 10006
�— CDUNTY/CITY BOUNDARY
PROPOSED ANNEXATION TO COUNTY LIGHTING
MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING
DISTRICT LLA -1, DIAMOND BAR ZONE.
TRA
10065
APN
8179 010 015
PETITION N0. 182-1107
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
TRAFFIC AND LIGHTING DIVISION
STREET LIGHTING SECTION
WASHINGTON ST
BETWEEN WINDWOOD DR AND ALDER LN
CITY OF DIAMOND BAR
Ofos By Not is Scale Design By Sup.q ist6T. HI
uarE w.scnivrrwr
nac Baa ►D—g tr� ate
FEVISION6
pOP�ov �� n„�a G
AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/08/2009 PAGE 1
FISCAL YEAR 2008-2009
ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006
ACCOUNT NUMBER: 023.06
TRA: 10065
EFFECTIVE DATE: 07/01/2009
ANNEXATION NUMBER: PE182-1107 PROJECT NAME: PETITION NO. 182-1107
DISTRICT SHARE: 0.012922900
CURRENT
PROPOSED
ALLOCATED
ACCOUNT #
---------
TAXING AGENCY
--------------------------------
TAX SHARE
-----------
PERCENT
-----------
DIST SHARE
-----------
SHARE
-----------
ADJUSTMENTS
-----------
NET SHARE
-----------
001.05
LOS ANGELES COUNTY GENERAL
0.264691785
26.4703 %
0.012922900
0.003420595
-0.003506351
0.261185434
001.20
L.A. COUNTY ACCUM CAP OUTLAY
0.000113705
0.0113 °s
0.012922900
0.000001469
0.000000000
0.000113705
003.01
L A COUNTY LIBRARY
0.023294986
2.3294 %
0.012922900
0.000301038
-0.000301038
0.022993948
007.30
CONSOL. FIRE PRO.DIST.OF L.A.CO.
0.174937516
17.4937 0
0.012922900
0.002260700
-0.002260700
0.172676816
007.31
L A C FIRE-FFW
0.006522357
0.6522 %
0.012922900
0.000084287
0.000000000
0.006522357
030.10
L.A.CO.FL.CON.DR.IMP.DIST.MAINT.
0.001728861
0.1728 %
0.012922900
0.000022341
-0.000022341
0.001706520
030.70
LA CO FLOOD CONTROL MAINT
0.009783719
0.9783 %
0.012922900
0.000126434
-0.000126434
0.009657285
061.80
GREATER L A CO VECTOR CONTROL
0.000372286
0.0372 96
0.012922900
0.000004811
-0.000004811
0.000367475
066.80
CO SANIT DIST NO 21 OPERATING
0.012696401
1.2696 %
0.012922900
0.000164074
-0.000164074
0.012532327
146.01
CITY -DIAMOND BAR TD # 1.
rtr.05191741
5.1917 %
0.012922900
0.000670923
-0.000670923
0.051246495
365.05
THREE VALLEY MWD ORIG AREA
0.004272528
0.4272 %
0.012922900
0.000055213
-0.000055213
0.004217315
370.05
WALNUT VALLEY WATER DISTRICT
0.000761115
0.0761 %
0.012922900
0.000009835
-0.000009835
0.000751280
370.09
WALNUT VALL WT DIST IMP DIST # 5
0.002240494
0.2240 e
0.012922900
0.000028953
-0.000028953
0.002211541
400.00
EDUCATIONAL REV AUGMENTATION FD
0.072476289
7.2476 %
0.012922900
0.000936603
EXEMPT
0.072476289
400.01
EDUCATIONAL AUG FD IMPOUND
0.133937622
13.3937 %
0.012922900
0.001730862
EXEMPT
0.133937622
400.15
COUNTY SCHOOL SERVICES
0.001410984
0.1410 %
0.012922900
0.000018234
EXEMPT
0.001410984
400.21
CHILDREN'S INSTIL TUITION FUND
0.002800396
0.2800 W
0.012922900
0.000036189
EXEMPT
0.002800398
809.04
MT.SAN ANTONIO COMMUNITY COLLEGE
0.030223221
3.0223 %
0.012922900
0.000390571
EXEMPT
0.030223221
809.20
MT SAN ANTONIO CHILDRENS CTR FD
0.000291657
0.0291 a
0.012922900
0.000003769
EXEMPT
0.000291657
AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/08/2009 PAGE 2
FISCAL YEAR 2008-2009
ANNEXATION NUMBER: PE182-1107 PROJECT NAME: PETITION
NO. 182-1107
TRA: 10065
CURRENT
PROPOSED
ALLOCATED
ACCOUNT $$
---------
TAXING AGENCY
--------------------------------
TAX SHARE
-----------
PERCENT
-----------
DIST SHARE
-----------
SHARE
-----------
ADJUSTMENTS
-----------
NET SHARE
-----------
980.03
WALNUT VALLEY UNIF. SCHOOL DIST.
0.196844591
19.6844 %
0.012922900
0.002543802
EXEMPT
0.196844591
980.06
CO.SCH.SERV.FD.-WALNUT VALLEY
0.007822965
0.7822 %
0.0129229D0
0.000101095
EXEMPT
0.007822965
980.07
DEV_CTR.HDCPD.MINOR-WALNUT VY.
0.000859102
0.0859 %
0.012922900
0.000011102
EXEMPT
0.000859102
***023.06
CO LIGHTING MAINT DIST NO 10006
0.000000000
0.0000 0
0.012922900
0.000000000
0.000000000
0.007150673
---------
--------------------------------
TOTAL:
-----------
1.000000000
-----------
100.0000 a
-----------
-----------
0.012922900
-----------
-0.007150673
-----------
1.000000000
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6.7 (b)
Meeting Date: April 21, 2009
AGENDA REPORT
1
VIA: James DeStefano, City Man(g
TITLE: RESOLUTION 2009 -XX: JOIN RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE BOARD OF
DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR
CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY
SANITATION DISTRICT NO. 21 OF THE LOS ANGELES COUNTY (COUNTY
SANITATION DISTRICT NO. 21); THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR; THE BOARD OF DIRECTORS OF THE THREE VALLEYS
MUNICIPAL WATER DISTRICT; THE BOARD OF DIRECTORS OF THE
WALNUT VALLEY WATER IMPORVEMENT DISTRICT NO. 5 APPROVING
AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX
REVENUES RESULTING FROM ANNEXATION OF PETITION NO. 182-1107
(MOBILE HOME DEVELOPMENT AT TERMINUS OF WASHINGTON STREET)
TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The costs for the operation and maintenance of public street lights located within the Lighting
District are primarily funded by ad valorem property tax and supplemented by street lighting
assessments. The collection of property tax revenues has allowed the Lighting Districts to
maintain a low $13 annual base -assessment rate for a single family home. For other types of
property uses, such as apartments and commercial businesses, the assessment rates are
proportionately higher.
As shown on the attached Property Tax Transfer Work Sheet, the current tax -share ratio for
the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would
allocate $0.000670923 to County Lighting Maintenance District 10006, with a net share to the
City of $0.051246495. For example, a $10,000 increment in assessed valuation of a parcel
means that parcel will pay an additional $100 in property taxes, of which the City would receive
$5.125 and CLMD 10006 would receive $0.067.
Since this is a privately owned property (and property tax revenue generating), the City, along
with other special districts, would share a portion of the growth of the 1% property tax with
CLMD 10006 when the property is improved. The City does not "lose" property tax money;
rather, the City, along with other special districts, will share the "growth" of property tax
with CLMD 10006. Again, these property tax revenues help keep the base -rate assessment to
a low $13 for a single family home in CLMD 10006. The assessment, however, will be levied
against the benefited property owners.
BACKGROUND/DISCUSSION:
The area described as Petition No. 182-1107 (boundaries of Washington Street, the Union
Pacific Railroad and the City Limit with the City of Industry) is being processed for annexation
to the County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1,
Diamond Bar Zone, in order to provide funds for the operation and maintenance of six (6)
street lights installed by the developer. County Lighting Maintenance District 10006 is located
wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the
County of Los Angeles on behalf of the City.
City Council approval of the joint resolution is required between the County of Los Angeles and
the City of Diamond Bar (and various other taxing agencies) in order to approve and accept
the negotiated exchange of property tax revenues resulting from the annexation of the subject
areas into CLMD 10006. The share of the annual tax increment to be exchanged between the
City and other affected taxing agencies is listed in the attached worksheets in the Resolution.
As part of the approval process for the Resolution Granting Consent and Jurisdiction to the
County of Los Angeles, the Joint Resolution should be concurrently approved by the City. With
the City's approval of the attached Joint Resolution and the Resolution Granting Consent and
Jurisdiction, there will be an exchange of property tax revenues between the City of Diamond
Bar and County Lighting Maintenance District 10006.
PREPARED BY:
DATE PREPARED:
Kimberly Molina, Associate Engineer April 14, 2009
REVI DB
vid Liu
Director of Public Works
Attachment: Resolution No. 2009 -XX
RESOLUTION NO. 2009 -XX
A JOINT RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES;
THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR
CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION
DISTRICT NO. 21 OF LOS ANGELES COUNTY
(COUNTY SANITATION DISTRICT NO. 21); THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR; THE BOARD OF DIRECTORS OF THE THREE VALLEY MUNICIPAL
WATER DISTRICT - ORIGINAL AREA; THE BOARD OF DIRECTORS OF THE WALNUT
VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT
VALLEY WATER IMPROVEMENT DISTRICT NO. 5
APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF
PROPERTY TAX REVENUE RESULTING FROM
ANNEXATION OF PETITION NO. 182-1107
TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006
WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to
the effective date of any jurisdictional change that will result in a special district providing
one or more services to an area where those services have not previously been provided
by any local agency, the special district and each local agency that receives an
apportionment of property tax revenue from the area must negotiate an exchange of
property tax increment generated in the area subject to the jurisdictional change and
attributable to those local agencies; and
WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on
behalf of the County Lighting Maintenance District 10006, the Los Angeles County
General Fund, the Los Angeles County Flood Control Drainage Improvement
Maintenance District, and the Los Angeles County Flood Control District; the Board of
Directors of the Greater Los Angeles County Vector Control District; the Board of
Directors of the County Sanitation District No. 21 of Los Angeles County (County
Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of
Directors of the Three Valley Municipal Water District - Original Area; the Board of
Directors of the Walnut Valley Water District; and the Board of Directors of the Walnut
Valley Water District Improvement District No. 5 have determined that the amount of
property tax revenue to be exchanged between their respective agencies as a result of
the annexation proposal identified as Petition No. 182-1107 to County Lighting
Maintenance District 10006 is as shown on the attached Property Tax Transfer
Resolution Worksheet.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The negotiated exchange of property tax revenues between the County Lighting
Maintenance District 1006, the Los Angeles County General Fund, the Los Angeles
County Library, the Consolidated Fire Protection District of Los Angeles County, the
County Flood Control Drainage Improvement Maintenance District, the Los Angeles
County Flood Control District, the Greater Los Angeles County Vector Control District,
the County Sanitation District No. 21 of Los Angeles County, the City Council of the City
of Diamond Bar; the Three Valleys Municipal Water District - Original Area; the Walnut
Valley Water District; and the Walnut Valley Water District Improvement District No. 5
resulting from the annexation proposal identified as Petition No. 182-1107 to County
Lighting Maintenance District 10006 is approved and accepted.
2. For fiscal years commencing on or after July 1, 2009, or the July 1 after the
effective date of this jurisdictional change, whichever is later, the property tax revenue
increment generated from the area within Petition No. 182-1107 (Tax Rate Area 10065)
shall be allocated to the affected agencies as indicated in the attached Property Tax
Transfer Resolution Worksheet.
3. No transfer of property tax revenues other than those specified in Paragraph 2,
shall be made as a result of the annexation of Petition No. 182-1107.
4. If at any time after the effective date of this Resolution, the calculations used
herein to determine initial property tax transfers or the data used to perform those
calculations are found to be incorrect, thus producing an improper or inaccurate property
tax transfer, the property tax transfer shall be recalculated and the corrected transfer
shall be implemented for the next fiscal year, and any amounts of property tax received
in excess of that, which is proper shall be refunded to the appropriate agency.
PASSED, APPROVED AND ADOPTED this 21St day of April, 2009, by the following
vote:
Ron Everett, Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of the City
Council of the City of Diamond Bar held on the 21St day of April, 2009, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
TOMMYE CRIBBINS, City Clerk
City of Diamond Bar
AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/08/2009 PAGE 1
FISCAL YEAR 2008-2009
ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006
ACCOUNT NUMBER: 023.06
TRA: 10065
EFFECTIVE DATE: 07/01/2009
ANNEXATION NUMBER: PE182-1107 PROJECT NAME: PETITION NO. 182-1107
DISTRICT SHARE: 0.012922900
CURRENT
PROPOSED
ALLOCATED
ACCOUNT #
---------
------TAXING AGENCY
---------
TAX SHARE
-----------
---PERCENT
-
DIST SHARE
-----------
SHARE
-----------
ADJUSTMENTS
-----------
NET SHARE
-----------
001.05
LOS ANGELES COUNTY GENERAL
0.264691785
26.4703 's
0.012922900
0.003420595
-0.003506351
0.261185434
001.20
L.A. COUNTY ACCUM CAP OUTLAY
0.000113705
0.0113 %
0.012922900
0.000001469
0.000000000
0.000113705
003.01
L A COUNTY LIBRARY
0.023294986
2.3294 %
0.012922900
0.000301038
-0.000301038
0.022993948
007.30
CONSOL. FIRE PRO.DIST.OF L.A.CO.
0.174937516
17.4937 0
0.012922900
0.002260700
-0.002260700
0.172676816
007.31
L A C FIRE-FFW
0.006522357
0.6522 %
0.012922900
0.000084287
0.000000000
0.006522357
030.10
L_A.CO.FL.CON.DR.IMP_DIST.MAINT_
0.001728861
0.1728 %
0.012922900
0.000022341
-0.000022341
0.001706520
030.70
LA CO FLOOD CONTROL MAINT
0.009783719
0.9783 %
0.012922900
0.000126434
-0.000126434
0.009657285
061.80
GREATER L A CO VECTOR CONTROL
0.000372286
0.0372 %
0.012922900
0.000004811
-0.000004811
0.000367475
066.80
CO SANIT DIST NO 21 OPERATING
0.012696401
1.2696 0
0.012922900
0.000164074
-0.000164074
0.012532327
146.01
CITY -DIAMOND BAR TD # 1.
.05191741
5.1917 0
0.012922900
0.000670923
-0.000670923
0.051246495
365.05
THREE VALLEY MWD ORIG AREA
0.004272528
0.4272 %
0.012922900
0.00005S213
-0.000055213
0.004217315
370.05
WALNUT VALLEY WATER DISTRICT
0.000761115
0.0761 %
0.012922900
0.000009835
-0.000009835
0.000751280
370.09
WALNUT VALL WT DIST IMP DIST # 5
0.002240494
0.2240 %
0.012922900
0.000028953
-0.000028953
0.002211541
400.00
EDUCATIONAL REV AUGMENTATION FD
0.072476289
7.2476 %
0.012922900
0.000936603
EXEMPT
0.072476289
400.01
EDUCATIONAL AUG FD IMPOUND
0.133937622
13.3937 %
0.012922900
0.001730862
EXEMPT
0.133937622
400.15
COUNTY SCHOOL SERVICES
0.001410984
0.1410 %
0.012922900
0.000018234
EXEMPT
0.001410984
400.21
CHILDREN'S INSTIL TUITION FUND
0.002800398
0.2800 %
0.012922900
0.000036189
EXEMPT
0.002800398
809.04
i
MT -SAN ANTONIO COMMUNITY COLLEGE
0.030223221
3.0223 %
0.012922900
0.000390571
EXEMPT
0.030223221
809.20
1
i
MT SAN ANTONIO CHILDRENS CTR FD
0.000291657
0.0291 %
0.012922900
0.000003769
EXEMPT
0.000291657
AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/08/2009 PAGE 2
FISCAL YEAR 2008-2009
ANNEXATION NUMBER: PE182-1107 PROJECT NAME: PETITION
NO. 182-1107
TRA: 10065
CURRENT
PROPOSED
ALLOCATED
ACCOUNT #$
---------
TAXING AGENCY
--------------------------------
TAX SHARE
-----------
PERCENT
-----------
DIST SHARE
-----------
SHARE
-----------
ADJUSTMENTS
-----------
NET SHARE
-----------
980.03
WALNUT VALLEY UNIF. SCHOOL DIST.
0.196844591
19.6844 %
0.012922900
0.002543802
EXEMPT
0.196844591
980.06
CO.SCH.SERV.FD.-WALNUT VALLEY
0.007822965
0.7822 a
0.012922900
0.000101095
EXEMPT
0.007822965
980.07
DEV.CTR.HDCPD.MINOR-WALNUT VY.
0.000859102
0.0859 0
0.012922900
0.000011102
EXEMPT
0.000859102
***023.06
CO LIGHTING MAINT DIST NO 10006
0.000000000
0.0000 0
0.012922900
-----------
0.000000000
-----------
0.000000000
-----------
0.007150673
-----------
---------
--------------------------------
TOTAL:
-----------
1.000000000
------------
100.0000 e
0.012922900
-0.007150673
1.000000000
CITY COUNCIL
Agenda # 6.8
Meeting Date: April 21, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
�6--?,"�>
TITLE: Authorize City Manager to purchas Hewlett Packard desktop computer replacement
hardware & software from CDWG, in an amount not to exceed $65,476.05, and
authorize equipment being replaced to be disposed of as surplus property.
Recommendation:
Authorize Purchase and Approve Disposal.
Budget/Financial Impact:
There are sufficient funds in the current FY 08/09 Computer Equipment Replacement Fund for this
purchase.
Discussion:
City staff relies heavily upon the use of desktop computers to create, process and store digital
information used daily to provide service to our constituents.
The City currently has 80 desktop workstations that are between 5 and 7 years old and have outlived
their useful life. Due to the age and/or manufacturer of these machines we cannot receive support or
maintenance from the vendor. Four newer workstations were purchased from Gateway and are no
longer covered by warranty due to the vendor filing bankruptcy and going out of business.
City staff has reviewed and analyzed each machine relative to the amount of use, critical nature of the
work performed on the machine, and the likelihood the machine will be reliable over the next 6-12
months. Following this review, it is recommended that approximately half (37) of the existing
computers be replaced this fiscal year. The balance of the computer workstations (43) are proposed
to be replaced in fiscal year 2009/10.
Hewlett Packard (HP) is a recognized expert in the field and provides extremely dependable
hardware. In addition, HP provides excellent technical support services. The City would purchase
the equipment under the State negotiated WSCA contract which provides pricing below the regular
retail price and HP is additionally providing CDWG additional incentives to lower our cost even further
under HP's "Big Deal" program to volume buyers such as the City. Since the City is purchasing
through the State purchasing contract, no formal bidding process is required.
It is recommended that the City Council authorize these expenditures and approve the disposal of the
existing surplus property per City policy.
PREPARED BY:
Ken Desforges, Direct Inf mation Systems
BUDGET REVIEWED BY:
Linda Magn so , Finance Director
2
REVIEWED BY:
Dave Doyle, s i nt City Manager
Agenda # 6 . 9 (a)
Meeting Date : A-pril 21, 2009
CITY COUNCIL AGENDAREPORT
TO: Honorable Mayor and Members of e City Council
VIA: James DeStefano, City Mana er
TITLE: NOTICE OF COMPLETION FOR HE TRAFFIC SIGNAL INTERCONNECT
LINKS— PHASE I PROJECT
RECOMMENDATION:
Approve and file a Notice of Completion.
FINANCIAL IMPACT:
There is no financial impact
BACKGROUND:
The City Council awarded a construction contract to PTM General Engineering Services, Inc.
on March 18, 2008, in an amount not to exceed $436,076.30 with a contingency amount of
$40,000.00, for a total authorization amount of $476,076.30. The City Council subsequently
approved a contract increase in February 2009 in the amount of $19,251.44 for a total
authorization amount of $495,327.74. The City authorized the Notice to Proceed for the Project
on April 28, 2008.
DISCUSSION:
PTM General Engineering Services, Inc. has completed all work required as part of this
project in accordance with the plans and specifications approved by the City. The final
construction cost of the project is $495,327.74, and the project is ready to be accepted by
the City. The final construction cost was higher than the original authorization amount by
$19,251.44 because field conditions warranted some modified conduit and cable runs.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: April 14, 2009
REVI
D BY'
7s
avid G iu, Director of Public Works
Attachment: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21825 E. 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 31, 2009. The work
done was:
Installation of conduit, fiber optic cable, and miscellaneous equipment related to the traffic signal interconnect
network.
7. The name of the contractor, if any, for such work of improvement was
PTM General Engineering Services Inc. April 15, 2008
(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 locations along Grand Avenue, Golden Springs Drive, and Copley Drive.
9. The street address of said property is "none"
Dated:
Verification for Individual Owner
(If no street address has been officially assigned, insert "none")
CITY OF DIAMOND BAR
Signature of owner or corporate officer of owner tinned in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant
of the foregoing
("resident of', "Manager of," "A partner of," "Owner of," etc.)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of
my owu knowledge.
I declare under penalty of perjury that the foregoing is true and correct,
Executed on 20 ,, at Diamond Bar
California. (Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
3
Agenda # 6.9 (h)
Meeting Date : April 21, 2009
CITY COUNCIL AGENDA REPORT
r9g9
TO: Honorable Mayor and Members of Ihe City Council
VIA: James DeStefano, City Man
TITLE: NOTICE OF COMPLETION FOR RAND AVENUE STREET IMPROVEMENT
PROJECT — PHASE III
RECOMMENDATION:
Approve and file a Notice of Completion.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND:
The City Council awarded a construction contract to Hardy & Harper Inc. on June 3, 2008, in an
amount not to exceed $1,098,901.00 with a contingency amount of $100,000.00, for a total
authorization amount of $1,198,901.00. The City authorized the Notice to Proceed for the
Project on August 13, 2008.
DISCUSSION:
Hardy & Harper Inc. has completed all work required as part of this project in accordance
with the pians and specifications approved by the City. Although the construction was
substantially complete in December 2008, the project duration included a 90 day landscape
maintenance and plant establishment period which concluded at the end of March 2009.
The final construction cost of the project is $1,051,837.87, and the project is ready to be
accepted by the City. The final construction cost was lower than the original contract cost
because the actual field quantities for various items were less than the original contract
amounts.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: April 14, 2009
REVIE BY:
DaWl G. 6u, Director of Public Works
Attachment: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21825 E. 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:
Pavement rehabilitation, replacement of sidewalk, curb, and gutter, improvements to the irrigation system and
landscape plantings, and miscellaneous traffic signal detector and striping replacements.
7. The name of the contractor, if any, for such work of improvement was
Hardy & Harper Inc June 19.2008
(]f no contractor for work of improvement as a whole, insert "none") (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of
Los Angeles, State of California, and is described as follows:
Grand Avenue from Rolling Knoll Road to the Easterly City Limit
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
("resident of', "Manager of," "A partner off" "Owner 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 , 20 , at Diamond Bar
California. (Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
CITY COUNCIL
Agenda # 6.10
Meeting Date: April 21, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City M
TITLE: APPROVAL OF MAINTENANC AGREEMENT WITH CALTRANS FOR
A PORTION OF PROPOSED LANDSCAPED MEDIAN ALONG
PATHFINDER ROAD EAST OF THE STATE ROUTE 57
RECOMMENDATION:
Approve and authorize the City Manager to execute the maintenance agreement.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND/DISCUSSION:
The attached Agreement for Maintenance of Landscape Area within State Highway
Right of Way has been requested by the California Department of Transportation
(Caltrans) as a condition of our application for an encroachment permit to construct a
landscaped median along Pathfinder Road just east of the State Route 57 Freeway On -
Off Ramp. The encroachment permit is necessary because a portion of the proposed
landscaped median will be located within the State Highway Right of Way that extends
onto Pathfinder Road.
As shown on the attached exhibit, an encroachment permit from the State is required in
order for the project to move forward. The permit allows the City to install and maintain
improvements which shall include landscape (planting and irrigation) along Pathfinder
Road near the SR -57 Freeway On -Off Ramps. This agreement will require the City to
apply for an annual no -fee maintenance permit in accordance with State's standard
permit procedures and to maintain the median and landscape improvements that are
being proposed for installation at the City's expense.
REPARED BY:
Erwin Ching, Assistant Engineer Date Prepared: April 16, 2009
REVIEW
David G. Liu, Director of Public Works
Attachment: Agreement
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl.
LOS ANGELES, CA 90012 0
maintenance work. It is understood that terms and conditions of this agreement, or any
interest herein, or any portion hereof, with exception to Section 7 shall not be assigned or
delegated to third parties.
4. Damage to PROJECT resulting from accident, storm, neglect or other causes beyond the
control of the STATE are the responsibility of the PERMITTEE.
STATE will maintain all highway signs, paved drainage structures, and other non -
landscape highway appurtenance with exception to those items listed in Section "A",
Recitals and as shown on the attached Exhibit.
In addition to designing and installing these permitted landscape items, PERMITTEE
agrees to:
a) Provide and maintain all water and irrigation systems including utility costs for
Project. Irrigation system will be maintained and operated to avoid slope damage,
excessive water flooding, or spraying onto the pavement.
b) Replace unhealthy or dead plantings as they are observed.
c) Keep entire PROJECT free of litter, debris and deleterious material.
d) Control rodents and pests.
e) Control weed growth before weeds exceed 6 inches in length. Any weed control
performed by chemical weed sprays (pesticides) shall comply with all laws, rules,
and regulations established by the California Department of Food and
Agriculture.
f) Maintain the landscaping, paving or other unplanted areas along the roadside
within the limits of the Project, exclusive of paved drainage facilities, so as not to
obstruct the flow of water.
g) All plantings shall be maintained in such condition that they do not interfere with
the free flow of traffic, includes the maintenance of adequate sight distances and
visibility of signs, signals, and pedestrians.
h) Adequately water and fertilize all plantings to maintain a healthy growth. Plants
shall be fertilized 3 times a year.
It is understood that for any reason PERMITTEE decides not to renew its maintenance
permit required herein, or if the planting is not maintained to the minimum standards
specified herein, STATE shall provide PERMITTEE with a written notice. PERMITTEE
shall respond within thirty (30) days of receipt of said notice. Said response shall
describe the action to be taken by PERMITTEE to bring the affected areas back into
compliance. In the event PERMITTEE does not provide such response and take any
action, this AGREEMENT will be terminated. PERMITTEE will reimburse STATE, on
presentation of a bill, for all costs incurred by STATE forces or a STATE contractor to
remove the PROJECT and to pave over or otherwise restore the area to a condition
satisfactory with STATE.
IPA
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl.
LOS ANGELES, CA 90012 0
8. All work performed for or by PERMITTEE within the PROJECT will be done at no cost
to the STATE.
9. Various future STATE projects maybe implemented which will require removal and/or
modification to all or a portion of PROJECT. Any replacement landscaping including
irrigation facilities may be STATE'S responsibility. Upon completion of work, which
affects the limits of maintenance, a revised Exhibit will be prepared and delivered to
PERMITTEE'S for review. Exhibit will supersede the original limits shown on the
original permit plans.
10. Changes to PROJECT affecting public safety or public convenience, all design and
specification changes and all major changes including removal, severe pruning (topping),
or addition of either planting or irrigation shall be approved by STATE in advance of
performing work. Unless otherwise directed by STATE'S representative, changes
authorized will require an encroachment permit. Failure to notify STATE of such
changes shall result in the immediate removal of PROJECT or portions of PROJECT at
PER VITTEE'S expense.
C. LEGAL RELATIONS AND RESPONSIBILITIES:
Nothing in this provision of this AGREEMENT is intended to create duties or
obligations to or rights in third parties not parties to this agreement, or affects the legal
liability of either party by imposing any standard of care respecting the design,
construction, and maintenance of STATE highway right of way different from the
standard of care imposed by law.
2. It is understood and agreed that neither STATE, nor any officer or employee thereof is
responsible for aRy damage or liability occurring by reason of anything done or omitted
to be done by PERMITTEE under or in connection with any work performed by
PERMITTEE under this agreement. It is further understood and agreed that, pursuant to
Government Code Section 895.4, PERMITTEE shall defend, indemnify and hold
harmless the STATE, and all of its officers and employees from all claims, suits, or
actions of every name, kind and description brought for or on account of injuries to or
death of any person or damage to property resulting from anything done or omitted to be
done by PERMITTEE under or in connection with any work performed by
PERMITTEE under this agreement.
3. PERMITTEE waives any and all rights to any type of express, implied and comparative
indemnity against STATE, its officers and employees arising from any work performed
by PERMITTEE under this agreement.
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl. Jy��
LOS ANGELES, CA 90012
�P
4. Upon termination of this agreement, ownership and title to all materials, equipment and
appurtenances installed inside STATE'S right of way will automatically be vested in
STATE. Those materials and equipment installed outside of the STATE'S right of way
will automatically and immediately be vested in PERMITTEE, and no further agreement
will be necessary to transfer ownership.
D. TERM OF AGREEMENT
This AGREEMENT shall become effective upon execution and shall remain in full
force in perpetuity until terminated. Failure to comply with provisions set
forth in Section B, Article 7 would be grounds for Notice of Termination by STATE.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in duplicate as
of the day and year stated above.
PERMITTEE
Signature: _
Print Name: -
Title:
Phone:
Date:
STATE OF CALIFORNIA
JEFFREY A. YUEN
LANDSCAPE ASSOCIATE
(213) 897-6381
!1
CITY COUNCIL
Agenda # 6.11
Meeting Date: April 21, 2009
AGENDA REPORT
TO: Honorable Mayor and Members f the City Council
VIA: James DeStefano, City Man ge
TITLE: Approve Updated Program Policies or the City's Home Improvement
Program
RECOMMENDATION:
Approve.
FINANCIAL IMPLICATION:
Each year the City allocates $150,000 of Community Development Block Grant (CDBG)
funds for the Home Improvement Program. The adoption of the updated HIP Program
Policies has no additional financial implications.
BACKGROUND
The purpose of the City's Home Improvement Program (HIP) is to preserve and
enhance single-family residential neighborhoods by offering grants and loans to eligible
homeowners of single-family homes. In order to be eligible, participants must meet
strict income limits provided by the Los Angeles County Community Development
Commission for low- and moderate -income families.
Once eligibility is established, a single family homeowner can apply for a grant of up to
$5,000 and a zero -interest loan of up to $10,000. There is also an emergency grant of
up to $2,000 available for critical urgent repairs. The grants do not need to be repaid to
the City and payment of the zero -interest loan is deferred until the property is sold,
refinanced or title is transferred.
These funds are to be used for the preservation of safe, decent and sanitary housing
and to correct hazardous structural conditions. In addition, the funds may be used to
provide or improve handicapped access to the dwelling; improve the overall exterior
appearance of the home; eliminate an appearance of blight; and to correct Code
violations.
DISCUSSION:
The attached HIP Program Polices, which require City Council approval, set forth the
specifics of the program such as the purpose and goal, types of funding programs
available, eligibility criteria, eligible improvements and costs, and terms and conditions
to receive assistance. The only material change in the revised Policies is a provision
stating that if an individual is rejected from the program for any reason, there is a
minimum 2 year period before they can re -apply. This will reduce the amount of time
spent on repeat applicants that do not meet the criteria or fail to provide accurate or
timely financial information.
Also attached for Council review are the Home Improvement Program Implementation
Procedures and the Home Improvement Program informational brochure. The
Implementation Procedures, which do not require Council approval, identify specifically
how the City Council HIP Program Policies will be implemented.
The Los Angeles County Community Development Commission has reviewed and
approved the attached Home Improvement Program, Program Policies.
PREPARED BY:
W —
David Doyle, A sis an ity Manager
ATTACHMENTS
1. HIP Program Policies
2. HIP Implementation Procedures
3. HIP Informational Brochure
City of Diamond Bar Home Improvement Program — Implementation Procedures
INTRODUCTION
These Implementation Procedures are supplemental to the Home Improvement
Program (HIP) Guidelines and detail the procedures under which applicants to the City
of Diamond Bar's Community Development Block Grant (CDBG) funded Home
Improvement Program are processed. The Program Guidelines are the controlling
document with respect to allowable activities under the Home Improvement Program,
and all activities are subject to the requirements of the CDBG program, Los Angeles
County Community Development Commission (CDC) requirements, and all applicable
law.
I. PROGRAM IMPLEMENTATION PROCEDURES
A. Applicant Intake and Eligibility Determination
Definition of Household. For the purposes of determining Program
eligibility, "Household" means a person or persons occupying a
dwelling unit as the principal place of residence. Individuals renting
a portion of the eligible owner occupied dwelling unit are
considered as a member of the household and their income shall
be included in the calculation of household income.
2. Pre -Screening. To the extent possible, prospective applicants will
be pre-screened for basic eligibility requirements over the
telephone. The City will maintain a log of such calls.
3. Interest List. The City shall maintain a list of potential applicants
interested in participation in the HIP program. The interest list
order shall be based on the chronological date and time of initial
contact, and shall be served on a first-come, first-served basis.
Information received from interested parties shall include: name,
address, telephone number, household size, and estimated annual
income. No applications shall be transmitted to households at the
time of placement on the interest list.
Upon a review of uncommitted HIP funds, and a consideration of
outstanding projects and funding commitments, program staff shall
contact the appropriate number of potential applicants, based on
funding availability. Upon release from the interest list, potential
applicants shall be forwarded a HIP application.
4. Application. Persons may apply for Home Improvement Program
funds by completing application forms available at the City and
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
submitting such materials to the City of Diamond Bar, attention
Home Improvement Program. Applications will be reviewed in the
order in which they are received.
Program staff shall ensure that transmitted application packages
include the following:
a. General Qualifications and Conditions Form
b. Items Required for Submission List
C. Program Application
d. Lead Based Paint Pamphlet
e. Lead Based Paint Notification
f. Hazardous Materials Inspection Notice
g. Asbestos in Your Home Pamphlet
h. Confirmation of Receipt (Hazardous Materials Transmittals)
Upon receipt of an application, program staff will date stamp and
initial the application to denote its receipt date.
Program staff will perform a review of the application to determine
that it is complete, contains all required attachments, and meets the
submission requirements of the Program Guidelines.
If an application is deemed incomplete, a written notification will be
provided to the applicant, indicating the noted deficiencies and the
requirements for rendering the application complete.
Persons released from the interest list, shall be provided with a
maximum period of three (3) weeks to submit a completed program
application and all requested application documentation.
5. Income Verification and Eligibility Determination. Program staff
shall verify all sources of household income in accordance with
established federal and CDC guidelines. These federal and CDC
income eligibility guidelines shall be updated on an annual basis by
staff. Upon the submission of a complete HIP application, program
staff shall perform an income eligibility review within fourteen (14)
days of receipt. Household income must be verified before
applicant eligibility can be established.
Documentation which verifies the applicant's household income
shall be maintained in the project file. To ensure that households
qualify to receive Federally -funded assistance, it is also necessary
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
to identify all sources of household income, verifying, for each
household member, the exact amounts earned from each income
source. The applicant is required to certify by the signature in the
Program Application, that the information provided regarding
household members is correct.
Program staff shall ensure that the project file shall contain income
verification documentation that conforms to the following
requirements:
a. Salary Income
The documentation of salary income must be obtained from one (1)
source. The documentation may not be older than six (6) months,
except for Federal and State income tax returns which may not be
older than one (1) year. The documentation must be properly
labeled and compiled in the case file in a readable format.
Acceptable sources of income documentation include the following:
1) Federal or State income tax returns or W2 forms; or
2) Copies of the applicant's three (3) most recent paycheck
stubs, establishing the applicant's monthly income; or
3) If above documentation is not available, certification of
the applicant's monthly and annual income from the
employer.
b. Self -Employment:
Any income from an adult household member who is self-employed
must be documented and verified from at least one (1) of the
following sources:
1) A copy of IRS Form 1040/1040A, if filed with the IRS for
the last year; or
2) An affidavit signed by the applicant that includes the
name of the household member who is self-employed,
the name of the business, and the prior year's estimated
annual income.
c. Social Security/Supplementary Security Income/Disability:
Income from Federal or State retirement programs and disability
must be verified from at least one (1) source that may not be older
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
than six (6) months. Acceptable documentation sources include:
1) A copy of the applicant's monthly award check; or
2) Written certification from the awarding agency verifying
the applicant's eligibility and the amount of the monthly
benefits.
d. Welfare/General Relief:
Income from social aid programs must be verified from at least one
(1) of the following sources:
1) Copy of most recent Notice Of Action;
2) Written certification from the awarding agency verifying
the applicant's eligibility and the amount of the monthly
benefits; or
3) Copies of the applicant's most recent bi-monthly award
checks.
e. Pension Income:
Pension Income must be verified from at least one (1) of the
following sources:
1) A copy of the pension award letter;
2) Copies of the applicant's three (3) most recent payment
stubs verifying benefit amount; or
3) A copy of the applicant's bank statement demonstrating
that the award check was directly deposited into the
applicant's account.
f. Personal Interest:
Personal interest from savings accounts or dividends from financial
investments must be identified and documented as earned income.
Adequate verification may include:
1) Federal income tax return;
2) Copies of bank statements; or
3) All pages of investment statements indicating the amount
of dividends earned.
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
g. Rental Income:
The City of Diamond Bar Home Improvement Program excludes
applicants who own rental property. Individuals renting a portion of
the eligible owner occupied dwelling are considered as part of the
household and their annual income shall be included in the
calculation of household income.
h. Alimony/Child Support:
Income received from alimony and/or child support payments must
be documented and verified from at least one (1) of the following
sources:
1) A copy of applicant's weekly or monthly check;
2) A copy of a separation or settlement agreement or a
divorce decree establishing payments; or
3) An affidavit, signed by the applicant, certifying to the
amount of child support received.
In -Home Supportive Services:
Income earned by a caregiver/caretaker providing in-home
supportive services for a different household must be documented
through copies of the three (3) most recent paycheck stubs, to
establish the monthly income.
j. Other Income
In the future Community Development Commission or HUD may
identify additional income that may require documentation. Any
other income as deemed eligible by the Community Development
Commission or Department of Housing and Urban Development
(HUD) shall be documented per CDC guidelines.
All household income sources must be clearly identified and
documented.
Documentation which verifies the applicant's household size shall
be contained within the Program Application. Submitted tax returns
or other applicant submissions shall be compared with the Program
Application to determine consistency with the declared household
City of Diamond Bar
Implementation Procedures — December 29, 208
Page 5 of 21
City of Diamond Bar Home Improvement Program — Implementation Procedures
size.
Income verification information shall be updated and applicant
eligibility re -determined if such information is more than six months
old (with the exception of federal tax returns which may be no older
than one (1) year old) prior to the beginning of rehabilitation work.
Applicants will be notified in writing regarding eligibility status, or for
the need to submit additional documentation.
Applicant household income shall be reviewed in conformance with
the requirements of the Program Guidelines, and a determination
made regarding the income eligibility of the applicant household in
conformance with the current income limits. Upon completion of
this determination, the applicant shall be apprised in writing of their
Program income eligibility or ineligibility.
6. Property Eligibilit . Program staff shall review the application in
conjunction with the applicant supplied documentation to determine
if the property conforms to Program Guidelines requirements. The
review shall be performed within fourteen (14) days of the receipt of
the application, and shall include an examination of the property
type (single family detached and owner -occupied), as well as a
review of the tax status of the property.
If an applicant's property tax statement indicates a delinquency at
the time of the Program application, the City shall not proceed with
grant and/or loan processing until it is supplied with a Certificate of
Redemption from the Los Angeles County Tax Assessor's Office or
other appropriate documentation of proof of payment.
Program staff shall examine property ownership to determine
compliance with Program Guidelines. This review shall include an
examination of the grant deed/deed of trust to ensure conformance
with the ownership information detailed in the Program Application,
and any supplemental documentation available to staff. Owner -
occupancy shall be verified based on a current owner submitted
utility bill.
Property owner(s) shall be construed to be any person(s) or legal
entity that holds title to the property being rehabilitated. In the case
of multiple -ownership, the signature of each titleholder is required
on all appropriate documents.
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
Applicants are obligated to carry sufficient all-risk insurance
coverage (and flood insurance where applicable) on the property to
be rehabilitated under the provisions of this Program. Program
staff shall review submitted hazard and flood insurance information
to determine compliance with Program Guidelines.
The Program Guidelines require that prior to the provision of any
grant or loan assistance, insurance coverage shall be provided in
an amount, which is at least equivalent to the value of the dwelling
including rehabilitation improvements.
Additionally, if provided a loan, applicants must amend their
insurance policy to name the City of Diamond Bar as a loss payee,
and provide insurance verification documentation for the duration of
the outstanding loan.
7. Rehabilitation Feasibility Determination. Once an applicant is
determined to meet eligibility requirements, within fourteen (14)
days of eligibility approval, an initial inspection of the property will
be made by Program staff to determine the extent of any building
deficiencies that may be corrected through the Home Improvement
Program. The program inspector shall prepare a Work Write -Up
and In-house Cost Estimate within twenty-one (21) days of
performance of the property inspection, for presentation to the
Home Improvement Program Screening Committee. Prior to
presentation to the Home Improvement Program Screening
Committee, Program staff will obtain signed approval of the Work
Write -Up from all owners of the property.
In addition to preparing the Work Write -Up, performance of the
lead-based paint review will be accomplished by Program staff
based on the age of the residence, site conditions, the anticipated
funding amount, and the repair items to be contained within the
proposed Work Write -Up. The City's lead-based paint review form
shall be completed and maintained in the project file.
8. Processing. As a goal, processing time from the date the City
determines that the applicant is eligible for assistance under the
Program until a grant and/or loan is approved or denied shall be
sixty -days (60).
9. CDC Residential Rehabilitation Client Data Input. Upon
confirmation that an applicant is eligible for Program participation,
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
Program staff shall perform the input of required data into the
CDC's on-line Residential Rehabilitation panel system, by
completion of the "Rehabilitation Application," "Property I.D," (see
Appendix 6) and "Relocation / Displacement" portions of the panel.
Program staff shall maintain a print-out of all completed entries in
the project file.
10. Historical Review. In order to comply with Section 106, National
Historic Preservation Act of 1966 as amended (16 U.S.C. 470) and
CDC guidelines, the City shall submit an on-line Basic and Detailed
Property Identification Form for each structure to be improved, in
compliance with CDBG regulations and policy. When the subject
structure is determined to be fifty -years (50) old or older, such
required form or forms shall be accompanied by a set of four (4)
photos, and shall be submitted on-line for CDC review and
clearance.
Program staff shall maintain a print-out of the completed Property
Identification entries in the project file.
Upon review by CDC staff and receipt of a determination regarding
the clearance of the property, and any required environmental
concerns or hazardous materials testing/remediation/mitigation
required, Program staff shall arrange for the performance of the
appropriate required tests and surveys, or the scope of work shall
be appropriately adjusted and submitted for re -review by the CDC.
Any modifications or expansions to the scope of work shall require
the re -submission of Property Identification documentation to the
CDC for review and re -determination.
Program staff shall print out and maintain a copy of the CDC
environmental clearance in the project file.
11. Processing of Loans. Where loans are to be provided, copies of
preliminary title reports and other pertinent documents will be
obtained by Program staff for presentation and loan underwriting
review by the City's Screening Committee prior to their providing a
loan determination.
Program staff shall review the preliminary title report to determine
that all outstanding property loan obligations, which when combined
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
with the proposed City loan amount, conforms to the maximum loan
to value ratio and the lien position requirements (no greater than 2nd
position) established within the Program Guidelines.
Program staff shall further review the preliminary title report to
determine that property taxes are current, and that there are no
outstanding judgments, liens, or other exceptions which should
preclude the award of a City loan.
12. Screening Committee Summary Report. Program staff shall
prepare a Summary Report for each applicant to be considered by
the Screening Committee. The Summary Report shall: detail
specific owner information, include an attachment of the owner -
approved Scope of Work, include the estimated cost of performing
the repairs, provide an underwriting analysis and preliminary title
report when a loan is being contemplated, and provide a staff
recommendation.
13. Approval and Notifications. Within fourteen (14) days of obtaining
owner approval of the work write up, the Screening Committee shall
consider the approval, approval with modifications, or denial of all
grants and loans. In order to obtain financing, applicants must
meet all income, property, and other eligibility guidelines in effect at
the time of funding approval. Within ten (10) days of the Screening
Committee's determination, applicants will be provided written
notification of approval or denial. Reasons for project denial will be
provided to the applicant in writing.
B. Procurement and Contractor Selection
Bid Documents. Upon approval by the Screening Committee,
Program staff shall prepare bid documents for transmittal to the
applicant. Bid documents shall include a copy of the signed "Work
Description and Bid Proposal Form," the "Instruction to Bidders
Form," and "Hints for Securing Bids Form," a V-9 Form," and a
County Lobbyist Form." Four (4) copies of the bid documents shall
be transmitted to the applicant with a cover letter detailing the
procurement process and the need to obtain a minimum of three
bids by a specified three (3) week submission deadline.
2. Procurement. The property owner(s) shall be responsible for
obtaining a minimum of three (3) bids for the proposed work.
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Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
In order to assist the property owner(s) the City shall maintain a list
of pre -qualified contractors who have expressed interest in bidding
on housing rehabilitation work and have been screened for
eligibility. The list should not be considered a recommendation on
behalf of the City. Owners should screen all contractors who
provide bids on the work. In order to obtain the pre -qualified
contractor list, Program staff shall require that the requesting
applicant execute a "Contractors List Request Form" containing
disclaimer and indemnification language, for maintenance in the
project file.
Bids shall be submitted in the form prescribed by the Home
Improvement Program. All bids must be returned within a three (3)
week period. An extension of two (2) weeks may be granted if
applicant is unable to obtain bids within the original timeframe and
one final extension of one (1) week may be granted prior to
termination of an application.
In the event that fewer than three (3) bids are obtained after the
performance of extended procurement efforts, program staff shall
submit a written request to the CDC for approval of a
noncompetitive procurement. Such request shall contain
documentation which supports;
• efforts made to obtain the minimum number of bids, and
• details regarding any extenuating or unique factors which may
have hindered the securing of a sufficient number of bids for the
project, and
• a detailed justification for the submission and approval of the
noncompetitive procurement request
A copy of the noncompetitive procurement request shall be
maintained in the project file. The contractor selection process
shall not be initiated until an approval is received for the
noncompetitive procurement request, or until three responsive bid
proposals are received.
3. Selection of Contractor. In accordance with federal regulations, the
lowest most responsive bidder will be awarded the contract. A bid
proposal shall be deemed responsive if submitted by an
appropriately licensed contractor, and which includes a bid amount
for all line items reflected on the proposed scope of work.
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
Contractors must have a valid California state contractor's license
with a classification appropriate for the work to be performed.
Within ten (10) days of the receipt of a sufficient number of bids,
Program staff shall prepare a bid evaluation form which details the
respective bids of the submitting contractors and includes the City's
pre-bid estimate. The form shall include line item cost details for
each item addressed under the Scope of Work. Program staff shall
review the bid evaluation form for any apparent inconsistencies or
miss -understandings of the scope of work by the submitting
contractors.
Proposed scope changes from submitting Contractors shall also be
considered during the bid review process. In the limited instances
that a proposed scope change is superior to the original proposed
line item, then the owner will be contacted to discuss the proposed
change. Upon receipt of owner approval, an addendum to the
Work Proposal and Bid Form will be prepared and transmitted to all
submitting contractors for completion and re -submission to the City.
Bids will then be evaluated on the basis of the amended line item.
Under no condition will deletions in the Scope of Work be
considered for health and safety and code required repairs.
Any post bid submission clarifications, modifications, or
amendments to bids shall be obtaining in writing and signed by the
respective submitting contractor.
In the event that the lowest bid exceeds the maximum amount of
the loan/grant awarded to the participant, and work items are
removed from the Scope of Work, then the evaluation of contractor
bids shall be based on the totals of their line item review for the
remaining work to be performed.
4. Contractor Insurance/License File. The City shall maintain a file for
each contractor performing work pursuant to the terms and
conditions of this program. The file shall include the following
information:
• Contractor's social security number or federal tax ID number;
• Copies of the contractor's current liability, auto, and worker's
compensation insurance policies in an amount approved by the
City's risk manager. City must be listed as additional insured on
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
the policy;
• Copies of the contractor's current California contractor's license;
• Copy of City business license;
• A list of all of the sub -contractors (including license number) to
be used by the general contractor; and
• County Lobbyist Certification.
Any contractor with lapsed insurance or contractor's license shall
be removed from the job until he/she is able to provide proof of
current insurance and/or license. All contractors shall be required
to obtain a City business license prior to the issuance of a building
permit.
5. Contractor Eligibility. In accordance with CDC guidelines, the City
and the applicant(s) shall agree not to award any contract for
rehabilitation work, to be paid for in whole or in part with proceeds
from a Home Improvement Program loan/grant, to any contractor
who is not a California licensed contractor, who cannot produce
sufficient evidence of current worker's compensation and liability
insurance coverage, or who is on GSA's Excluded Parties List. All
owner/builders, or any member of the applicant's family, are
considered ineligible regardless of credentials or license. Any
ineligible contractor found working at the job site will be removed
immediately, without compensation.
Prior to contracting with any contractor, Program staff will perform
an online verification of contractor eligibility from the State
Contractors License Board at:
http://www2.cslb.ca.gov/General-Information/interactive-
tools/check-a-license/License+Reguest.asp
A printout of the State Contractors License Board contractor
verification, inclusive of a printout of the contractor personnel list
shall be obtained and maintained in the project file.
Prior to contracting with any contractor, Program staff will also
perform an online verification of the contractor's eligibility from the
Excluded Parties List System (EPLS) at:
https://www.epls.gov/
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
The EPLS verification shall be performed on the contractor's
business name and on all personnel as reflected in the State
Contractors License Board printout, and the Taxpayer LD number
as reflected in the W-9 Form received with their bid submission. A
printout of the EPLS contractor verification, inclusive of a printout of
the personnel list shall be obtained and maintained in the project
file.
Contractors which do not possess appropriate licensing, or who do
not meet the verification requirements of the EPLS review are
deemed to be ineligible to enter into a contract.
C. Award of Contract
1. Notification. Upon confirmation that the selected contractor has
met the licensing, insurance, and contracting eligibility
requirements, Program staff shall notify the contractor of the award
of bid in writing and shall establish a date and time for the pre -
construction conference.
Program staff shall advise all other bidding contractors in writing of
their non -selection.
Notices of contractor selection/non-selections shall be transmitted
within ten (10) of contractor selection.
2. CDC Contractor Information Data Input. Upon selection,
verification, and notification of the award of contract, Program staff
will perform the input of required data into the CDC's on-line
Residential Rehabilitation panel system, by completion of the
"Contractor Profile" portion of the panel.
Program staff shall maintain a print-out of the completed entries in
the project file.
3. Rehabilitation Construction Contract. The contract, for the
approved rehabilitation work shall be prepared by the Program staff
and shall be entered into between the property owner(s), the City,
and the selected contractor. The rehabilitation construction
contract shall be prepared within ten (10) days of contractor
notification of contract award. The City may require the inclusion of
certain contractual terms in accordance with CDC requirements. In
the event of any dispute arising under this program, the injured
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
party shall notify the injuring party in writing of its contentions as
specified under the contractor agreement between the property
owner and the contractor. Contractor and property owner shall
save, keep and hold the City of Diamond Bar, its officers and
agents, harmless from all damages, costs or expenses in law or
equity that may at any arise or be set up because of damages
to property, or of personal injury received by reason of or in the
course of performing work which may arise from or be a result of
the involvement of the participant in the City's Home Improvement
Program.
4. Private Arrangements. Program staff shall caution the property
owner and the contractor not to enter into "side deals" for additional
work or deviations from the approved work write-up. Should "side
deals" be encountered during the project, the City reserves the right
to terminate the contract, pay a contractor for work satisfactorily
completed, and close-out the file. No unauthorized work will be
compensated by the City to the contractor.
5. Preparation of Loan Documents. Copies of the contract and related
documents shall be sent within seven (7) days of completion to the
Program Underwriting Consultant for the preparation of all loan and
related documents and recordation of the Deed of Trust. In
conformance with the Program Guidelines, Program staff shall
ensure that all applicable loan costs are included in the loan
amount (title, recordation fees, etc.)
Program staff shall schedule a mutually agreeable date and time
with the property owner(s) for the execution of loan documents.
The loan documents signing should be scheduled in a manner that
provides sufficient time for expiration of the Right -To -Cancel period
before signing of the Construction Contract. Upon completion of
the signing process, the documents shall be forwarded as follows:
a. Original signed promissory note — to the Finance Director for
maintenance
b. Original signed and notarized Deed of Trust — to the
Program Underwriting Consultant for transmittal to the title
company for recordation and issuance of the title policy
d. Copy of signed and notarized Deed of Trust — to the Finance
Director for reference until recorded document is received
e. Original signed Request for Notice, Fair Lending Disclosure,
Notice of Right to Cancel, Truth -In -Lending Disclosure
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
Statement, and other signed unrecorded documents —
placed and maintained in the project file
f. Copies of the signed Request for Notice, Fair Lending
Disclosure, Notice of Right to Cancel, Truth -In -Lending
Disclosure Statement, and other signed unrecorded
documents — to the Program Underwriting Consultant for
reference use
Copies of both the executed un -recorded and recorded loan
documents and original title policy shall be maintained in the project
file.
D. Start of Construction
No work shall commence until a "Notice to Proceed" has been issued to
the contractor, signed by the City representative. In addition, no work
shall commence until the Building and Safety Division has issued the
proper permits. Work completed prior to issuance of "notice to proceed"
or required permits will not be paid.
Program staff will prepare and transmit an appropriate Notice to Proceed
based on contractual requirements, and where applicable, loan funding
protocols.
E. Progress Payments to Contractor and City Inspections
Inspections. To ensure the integrity of the authorized repair work,
the Program Inspector shall conduct site inspections prior to the
issuance of progress payments. The Program Inspector can make
regular and/or unannounced inspections of work in progress to
identify the quality of work and assess satisfaction of the property
owner(s). These inspections are in addition to the normal
inspections required by Building Department staff or the Community
Development Department.
Progress inspections shall be documented and maintained in the
project file by Program staff.
2. Payment Request Packages. The Contractor shall submit payment
request packages to the City in the prescribed format. All requests
shall be signed by the contractor, homeowner, and Program
inspector, certifying that the work has been satisfactorily completed.
All pertinent invoices, lien releases, certifications, and copies of all
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
applicable permits shall be attached to the payment request. The
final payment request must also include the owner's certification of
acceptance and Building and Safety Division sign off card.
Payment request packages shall be submitted to the City for
approval. For projects with costs in excess of $5,000, a maximum
of three (3) progress payments minus the 10% retention may be
submitted. The final payment for the 10% retention can be paid up
to 35 days after the Notice of Completion is recorded.
Program staff shall review the submitted Payment Request
Package to determine conformance with Program requirements
and for consistency with the pre -payment progress inspection.
Items requiring permit issuance that are not accompanied by a valid
permit shall not be paid, and a corrective correspondence
transmittal prepared and forwarded to the contractor.
Upon successful review, Program staff shall be responsible for the
transmission of the appropriate warrant approval documentation to
the City's finance department for payment to the contractor. Copies
of all payment request documentation, all payment related
correspondence, and all warrant payments shall be maintained in
the project file.
3. Hazardous Materials Payment Requirements: Where hazardous
materials repairs/remediation/mitigation are involved, Program staff
shall ensure that appropriate posting verifications and
documentation are provided by the contractor and contained within
the project file prior to the processing of payment requests.
Any required clearance documentation or air monitoring results
shall also be satisfactorily received prior to the consideration of
processing any retention payments.
4. Notice of Completion: The property owner(s) are responsible for
executing a notice of completion within five (5) days after work has
been satisfactorily completed and finalized by the Building
Department.
Upon completion of all required repairs, and receipt of all required
documentation, Program staff shall prepare a Notice of Completion
for execution by the owners. Program staff shall prepare a
transmittal cover letter and ensure that the Notice of Completion is
forwarded with the appropriate payment to the Los Angeles County
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — implementation Procedures
Recorder for recordation within ten days of the completion date
reflected on the notice. A copy of the executed Notice of
Completion, cover transmittal letter, and payment warrant shall be
maintained in the project file.
A copy of the un -recorded Notice of Completion and accompanying
cover letter, and recorded Notice of Completion shall be maintained
in the project file.
5. CDC Final Inspection Data Input. Upon completion of all
contracted construction activities, and receipt and transmittal of an
executed Notice of Completion, Program staff will perform the input
of required data into the CDC's on-line Residential Rehabilitation
panel system, by completion of the "Final Inspection" portions of the
panel. Detailed instructions on how to access the system are found
in Appendix 1.
Program staff shall maintain a print-out of the completed entries in
the project file.
6. Retention Release: Upon expiration of the 35 day retention period,
Program staff shall contact the owners to ensure their satisfaction
with the performed repairs. In addition, Program staff shall verify
that the owners have not received any 20 Day Preliminary Notices,
or any lien notifications, and that the retention payment can be
released.
Upon assurance that all program conditions have been met,
Program staff shall be responsible for the transmission of the
appropriate warrant approval documentation to the City's finance
department for payment of the retention amount to the contractor.
Copies of all retention release related documentation and
correspondence shall be maintained in the project file.
F. Applicant Complaint Resolution Process
Complaints concerning the Program should first be made to the Home
Improvement Housing Specialist or Program Consultant. If unresolved to
the satisfaction of the applicant, an appeal may be made, in writing, to the
Office of the City Manager. The applicant shall be allowed to present all
pertinent facts that may have a bearing on the particular issue to be
resolved. The decision of the City Manager's Designee shall be final.
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
II. OTHER PROGRAMMATIC REQUIREMENTS
A. Bonus. Commission or Fee
The applicant shall not pay any bonus, commission or fee for the purpose
of obtaining approval of the grant application, or for any other approval or
concurrence as may be required by the CDC or the City, pursuant to the
provisions of this Program.
B. Conflict of Interest
No Program grant or loan will be provided to any member of the governing
body of the County of Los Angeles, nor any designee of the CDC, the
County of Los Angeles, or the City of Diamond Bar, who is in a decision
making capacity in connection with the administration of the Program; no
member of the above organizations shall have any interest, direct or
indirect, in the proceeds from a Program grant or loan or in any contract
entered into by the applicant for the performance of the work, financed, in
whole or in part, with the proceeds of the grant or loan.
C. Disclosure of Information
The City is a public agency and information or records (with the exception
of financial information which falls under Government Code Section 6250
(c), and Section 7460 et seq.) submitted or released to the City by the
applicant may be considered public records and subject to disclosure
under the Public Records Act, Government Code Section 6250 et seq.
D. File maintenance and Retention
All program and project files shall be maintained continuously at the City
of Diamond Bar. Files shall not be removed from the premises of City Hall
for any reason without the approval of the City Manager's Designee.
In conformance with the Los Angeles County Auditor -Controller Contract
Accounting and Administration Handbook, all accounting records, financial
records and supporting documentation must be retained for a minimum of
five years after the termination of the agreement (end of the fiscal year in
which the contract expired) between the CDC and the City.
Documentation related to funded outstanding loans, shall be maintained
for at least the above indicated five (5) year period, or for a minimum
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
period of one (1) year following full loan re -payment and the full
reconveyance of the loan security, whichever is greater.
E. Equal Opportunity Policv
The City shall not discriminate based upon sex, age, race, creed, color,
religion, national origin, marital status, ancestry or physical handicap in the
awarding of the contract for rehabilitation of property assisted by a
Program grant or loan.
The City shall not discriminate upon the basis of sex, age, race, creed,
color, religion, national origin, marital status, ancestry or physical handicap
in accepting applications and processing Program grants or loans.
F. Subordination.
Subordination agreements may be granted by the City Manager's
Designee if the purpose of the refinancing is to achieve a better interest
rate and monthly payment with no additional cash borrowed against the
property, excluding customary loan fees and points.
G. Administration Costs.
Program staff shall continuously monitor the administrative costs of the
Home Improvement Program to ensure administrative costs do not exceed
20% of total Program expenditures. In considering administrative costs,
costs associated with lead based paint and asbestos testing shall only be
factored in when lead based paint tests yield positive results but no
remediation and no rehabilitation work is completed.
H. Substitution of Contractor
In the event that the selected contractor shall fail or refuse to complete the
work in a professional and workmanlike manner as set forth in the
Rehabilitation Construction Contract, including its general conditions and
standard specifications, or fails to use due diligence in performing the
required work, the property owner(s) may terminate the Rehabilitation
Construction Contract, upon providing proper notice to such contractor.
The City shall assist the homeowner in completing the necessary
termination document as needed. No further rehabilitation is to
commence until the Request for Substitution of Contractor and
Termination of Contract Form, releasing the original contractor from
his/her contractual obligations, is on file at the City, and a new contract is
City of Diamond Bar
Implementation Procedures — December 29, 2008
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City of Diamond Bar Home Improvement Program — Implementation Procedures
signed between the substitute contractor and the homeowner(s). The City
shall advise the CDC of any problems in the resolution of the substitution
of contractor.
1. Non -commencement by Original Contractor. The City shall notify
the CDC, by means of a Request for Substitution of Contractor and
Termination of Contract Form, that the original contractor will not be
performing the rehabilitation and the reason(s) for which a
substitution of contractor is being requested. Both the
homeowner(s) and the original contractor's signatures are required
on this document. The property owner shall obtain a substitute
contractor willing to perform the rehabilitation, and, to the extent
possible, negotiate the total contract price with the new contractor
to assure that the new contract does not exceed available grant or
loan funding. A new Rehabilitation Construction Contract, notice to
proceed, and waiver and hold harmless agreement shall be
prepared by the City and appropriately signed.
2. Noncompliance by Original Contractor. The City shall inspect the
job and compile a list of incomplete or unacceptable items to
determine the extent of work to be completed by the substitute
contractor. The City shall notify the CDC in writing that the original
contractor has not performed according to the Rehabilitation
Construction Contract and list the initial steps taken by the City to
resolve the problem. A meeting shall be held between the City,
homeowner(s) and the original contractor to establish a method of
contractor payment and prepare an official Request for Substitution
of Contractor Form, signed by both homeowner(s) and the
contractor. Funds withheld from the original contractor shall be
delineated on the form. Lien releases and invoices from the
original contractor and subcontractor(s) must be provided by the
contractor. The City shall prepare a revised Work Write-up, based
upon the City's inspection findings, which contains only those items
necessary to complete the job. The City shall obtain a substitute
contractor willing to perform such work, and, to the extent possible,
negotiate the total contract price with the new contractor to assure
that the new contract does not exceed available grant funding. A
new Rehabilitation Construction Contract, notice to proceed, and
waiver and hold harmless agreement shall be prepared by the City
and appropriately signed.
City of Diamond Bar
Implementation Procedures — December 29, 2008
Page 20 of 21
City of Diamond Bar Home Improvement Program — Implementation Procedures
Davis -Bacon Requirements
In accordance with CDBG Program Entitlement Grant Regulations, Davis -
Bacon requirements apply to the rehabilitation of residential property only
if such property contains 8 units or more. Therefore, as a single-family
residential rehabilitation activity, this program is exempt from the Davis -
Bacon requirements.
III. AMENDMENTS
Amendments to these Implementation Procedures may be made from time to
time by the City Manager. Authority to make minor modifications or to interpret
these Procedures shall rest with the City Manager's Designee. Modifications to
the Program Guidelines (a separate document) shall be submitted to the City
Council for consideration and approval. In all instances, the Implementation
Procedures shall conform to the Program Guidelines approved by the City
Council. Modifications shall not be made to areas required under federal
regulations or established CDC policies.
City of Diamond Bar
Implementation Procedures — December 29, 2008
Page 21 of 21
Sponsored by the
U.S Dept.. of Housing and Urban Development
Federally Funded
Community Development Block Grant (CDBG) Program
and
the City of Diamond Bar
HOME
IMPROVEMENT
PROGRAM
Overview of Program
The purpose of the City of Diamond Bar Home Im-
provement Program (HIP) is to preserve and enhance
single-family residential neighborhoods through out the
City. The Home Improvement Program will provide
grants and loans to eligible owner -occupied detached
single-family residential dwelling units for specified im-
provements that will result in:
• the preservation of safe, decent and sanitary hous-
ing,
• the correction of hazardous conditions;
• modifications necessary to provide handicapped
access;
• improvement of the exterior dwelling appearance;
• the elimination of blight; and
• The correction of exterior code violations
Eligible improvements will depend on which program
will be utilized to provide assistance.
Grants and Loans will be provided to eligible owner -
occupied single-family detached dwelling units that meet
the low— and moderate— income household criteria.
The financial assistance may be used to cover the cost
of repairs in accordance with the program criteria.
The City offers the following Programs:
• Grant Program: Maximum Amount $5,000, one
time only per owner -occupied single-family prop-
erty per household per address.
Emergency Grant Program: Maximum Amount
$2,000, per special requirements.
• Deferred Loan Program: Maximum Loan
Amount $10,000 @ 0% interest_ Loan repayment
deferred until sale, transfer of title, or refinancing of
the dwelling. Repeat deferred loans may be allowed
for once every five (5) years (balance not to exceed
$25,000).
All eligible improvements must be by approved by the
City of Diamond Bar and appropriate HUD representa-
tive. The following order of priority will apply to all
eligible improvements financed by the program:
Eligible Improvements
Priority No. 1. Improvements needed to alleviate condi-
tions that present an immediate threat to the health
and safety of the property's occupants and those
needed to correct existing building, zoning and public
nuisance code violations.
Priority No. 2. Exterior improvements needed to repair
or replace hazardous, broken, damaged and/or deterio-
rated elements of the main dwelling.
Priority No. 3. Lead based paint improvements as re-
quired by the U.S. Department of Housing and Urban
Development (HUD).
Eligible improvements include:
• Abatement of Code Violations;
• Accessibility Modifications;
• Deadbolt Locks;
• Doors/Windows/Screens;
• Electrical;
• Energy Conservation;
• Garage Doors (certain restrictions apply);
• HVAC Systems;
• Hazardous rear or side -yard slope landscaping,
• Hazardous overgrown/dead vegetation;
• Painting (exterior);
• Termite/Pest Control;
• Exterior plastering, siding and stucco;
• Repair of plumbing/ sewer pipes & fixtures;
• Hazardous property clean-up;
• Roofing;
• Smoke Detectors;
• Ground -fault circuit -interrupter protection (GFCl);
• Structural Repairs/Modifications;
• Water Heaters;
• Lead Based Paint testing, treatment & abatement,
• Asbestos testing & abatement.
In order to participate in the Home Improvement Pro-
gram (HIP), applications must meet the following eligibil-
ity criteria:
• Property must be an owner -occupied single-family
detached residential dwelling,
Eligibility Requirements
• Property must be located in the City of Diamond
Bar
• Complete Program Application must be submitted.
• Total "Annual Household Income" cannot ex-
ceed federal income guidelines.
2009 Eligibility Income Limits
Based on 2009 Median Family Income for the Los Angeles
Long Beach Metropolitan Areas of $62,100
For additional information please contact:
City of Diamond Bar
Dept. of Community & Development Services
Home Improvement Program
21825 Copley Drive
Diamond Bar, CA 91765
(909) 839-7030
Household Size
Low Income
80% of Area Median
1
$44,400
2
$50,750
3
$57,100
4
$63,450
5
$68,550
6
$73,600
7
$78,700
8
$83,750
`DiAl�IOND�SAi��
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This document is a public record subject to disclosure under the Public ReeSrds Act.
ve the Council Minutes
=DIAl�I01�D BARQI
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#/SUBJ ECT:
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PHONE:
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I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
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Signature
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=D__IA�jIOND BAI���
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: `- v DATE:
ADDRESS: U�( �0 oc�(� PHONE: qs( -�9� P-3 7
ORGANIZATION: r
AGENDA#/SUBJECT: I S`u'`1 CU�4 sc� Cml2l�J
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reflect my name and address as written above.
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