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HomeMy WebLinkAbout07/07/2009City of Diamond Bar City Council Agenda Tuesday, July 7, 2009 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 Pro Tem Wen P. Chang Jack Tanaka Steve Tye Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins 9 City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DtVIOYD BAR THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME-WARNER CABLE CHANNEL 3 AND VERIZON ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO, OVER.THE INTERNET AND, BY: REMAINING.INIHE ROOM YOU ARE GIVING �YOUR:PERMISSION�TO BETELEVISED.':MEETINGS ARE R&m -' BROADCAST EVERY SATURDAY AND! SUNDAY AT 9:00 A.M: AND ALTERNATE TUESDAYS AT 8:00 P.M., AND ARE ALSO AVAILABLE FOR LIVE .AND ARCHIVED VIEWING ON THE CITY'S WEB SITE, AT WWW-.CITYOFDIAMONDBAR:COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 7, 2009 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2009-31 Next Ordinance No. 02 (2009) 6:30 p.m. Mayor Pastor Randy Lanthripe Church in the Valley Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming July, 2009 as Parks and Recreation Month. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Peacock Gardens Restaurant, 23347 Golden Springs Dr., as Business of the Month, July, 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the 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. July 7, 2009 PAGE 2 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 Concerts in the Park — July 8, 2009 - 6:30 — 8:00 p.m., The Answer (Classic Rock) — Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 Movies Under the Stars - July 8, 2009 — Open Season 2 —Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.3 Traffic and Transportation Commission Meeting — July 9, 2009 — 7:00 p.m., AQMD Government Center Hearing Board Room, 21865 Copley Dr. 5.4 Planning Commission Meeting — July 14, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Concerts in the Park — July 15, 2009 — 6:30 — 8:00 p.m., Thornbird (Contemporary Rock) — Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.6 Movies Under the Stars — July 15, 2009 - Journey to the Center of the Earth — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.7 City Council Meeting — July 21, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of June 16, 2009 — Approve as submitted. (b) Regular Meeting of June 16, 2009 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Study Session of April 28, 2009 - Receive and file. (b) Regular Meeting of April 28, 2009 — Receive and file. (c) Regular Meeting of May 12, 2009 — Receive and file. July 7, 2009 PAGE 3 (d) Regular Meeting of May 26, 2009 — Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of May 28, 2009 - Receive and file. 6.4 Traffic and Transportation Commission Minutes — Regular Meeting of May 14, 2009 — Receive and file. 6.5 Ratification of Check Register — Dated June 11, 2009 to July 1, 2009 totaling $1,979,416.72. Requested by: Finance Department 6.6 Treasurer's Statement - Month of May, 2009. Recommended Action: Approve. Requested by: Finance Department 6.7 Award of Contract to David Volz Design in an Amount Not -to -Exceed $47,500 for the Design of Construction Documents for the Development of Washington Street Mini -Park; Amount Includes 10% Contingency of $4,150 and $2,000 for Reimbursables. Recommended Action: Award. Requested by: Community Services Department 6.8 Approve Consent to Indirect Transfer of Control of NEXTG Networks of California, Inc. Recommended Action: Approve. Requested by: City Manager 6.9 Approval of Amendment No. 10 to Contract with ValleyCrest to Add Purchase and Installation of a Centralized Irrigation Control System at the City's Parks, Diamond Bar Center, Football Field and Slope at Lorbeer Middle School, and the Trail/Trail Head at Sycamore Canyon Park, in the Amount of $133,400, Plus a Contingency of $5,000 for a Total Authorization of $138,400; and Appropriation of $138,400 for the FY 2009/10 Budget from General Fund Reserves. Recommended Action: Approve. Requested by: Community Services Department July 7, 2009 PAGE 4 6.10 Approval of Amendment No. 10 to Contract with Excel to Add Purchase and Installation of a Centralized Irrigation Control System at LLAD's Nos. 38, 39 and 41, in the Amount of $390,500, Plus a Contingency of $47,100, for a Total Authorization of $437,600; and Appropriation of $437,600 for the FY 2009/10 Budget from General Fund Reserves; and Authorization for Use of the Remaining Contingency Funds to Replace Turf Heads with Rotating Nozzles on Medians in LLAD No. 38. Recommended Action: Approve. Requested by: Community Services Department 6.11 Award of Contract to SJC 3 Consulting to Administer the City's Home Improvement Program (HIP) in an Amount Not to Exceed $20,00 for FY 2009-10. Recommended Action: Award. Requested by: City Manager 6.12 Approval of Amendment No. 3 to the Consulting Services Agreement with Diana Cho and Associates for Community Development Block Grant (CDBG) Labor and Contract Compliance Services ($21,600) for FY 2009-10. Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearings for Lighting and Landscape Districts Nos. 38, 39 and 41: Continued from June 16, 2009. (a) Adopt Resolution No. 2009 -XX — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 38 for the FY 2009-10. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. (b) Adopt Resolution No. 2009 -XX — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 39 for the FY 2009-10. July 7, 2009 PAGE 5 Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. (c) Adopt Resolution No. 2009 -XX — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 41 for the FY 2009-10. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: Public Works Department 7.2 Adopt Ordinance No. 0X(2009): Extending Ordinance No. 04(2008) Prohibiting Certain Group Residential Uses Inconsistent with Residential Zones and Providing Reasonable Accommodation Provisions for the Disabled, Pursuant to Government Code Section 65858(d). Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION aw JUNE 16, 2009 DRAF I STUDY SESSION: M/Everett called the Study Session to order at 6:10 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; David Liu, Public Works Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Ken Desforges, IS Director; Marsha Roa, Public Information Manager and Tommye Cribbins, City Clerk. Also Present: Bob Moxley, Product Representative with CalSense. ► CENTRALIZED IRRIGATION CONTROL SYSTEM CSD/Rose introduced Bob Moxley, Product Representative, CALSENSE. CSD/Rose stated that D.B. has an opportunity to put in a centralized irrigation control system that would control the majority of the irrigation controllers in D.B. The Metropolitan Water District had a grant program available about a year ago and the City was funded about $166,000 for the system. In addition, Walnut Valley Water District is offering 25% in matching funds to help with the labor. The cost of the entire system is about $576,000. At this time the City pays approximately $310,000 per year for water. Water rates are supposed to be going up and each district has its own percentage of increases. There are water conservation options for D.B. including removal of the turf on the medians and replacement with landscaping materials similar to what's on Grand Ave. To remove all of the herb and replace it with that type of landscaping throughout D.B. is about $1 million; remove turf and replace with artificial turf ($3-3.5 million for all medians only). The Centralized Irrigation Control System would save the City approximately 30% of water use. The current irrigation system could also be retrofitted to provide greater water efficiency. There are also subterranean systems that tend to keep the water on the medians better than the overhead systems; however, it is a little harder to maintain. The cost to retrofit the system would be approximately $1 million. CSD/Rose then gave a Power Point presentation on how the system works and the cost benefits of the Centralized Irrigation Control System. If however, the City decides it does not want to proceed with the System, the grant money will have to be returned. MPT/Herrera felt that a 32% water usage savings was impressive and asked if the turf would need to be changed. JUNE 16, 2009 PAGE 2 CC STUDY SESSION CSD/Rose responded that this system would only change the controller or add a pump on the controller for tighter control. There would be no replacement of the current median landscaping. C/Chang agreed that it would be a good system because residents frequently complain about the amount of water that is on the streets. C/Tye asked if it would make sense to install centralized system and retrofit the system. CSD/Rose felt it would make sense to change out some of the head nozzles with more efficient turf head nozzles. Mr. Moxley spoke about his company and its expertise in making sure that the installation resulted in the designated water usage savings. CM/DeStefano stated that Mr. Rose believes that 32% is a real number and that even if it is 25% it would only take 4.7 years for D.B. to get its full return on investment and therefore he is confident in Mr. Rose's assessment. Council unanimously concurred and directed staff to move forward with the system. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business to discuss, M/Everett adjourned the Study Session at 6:31 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 12009 RON EVERETT, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 16, 2009 AA I CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda — None Offered ► Government Code Section — 54956 (a) Pending Litigation — One Case — City of Alhambra et al v County of Los Angeles — Case No. BS 116475 ► Government Code Section 54956.9(c) Initiation of Litigation — One Case STUDY SESSION: 6:10 p.m., Room CC -8 ► Centralized Irrigation Control System — Discussion and Action. Public Comments — None Study Session adjourned at 6:31 p.m. CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that tonight the City Council considered two items during Closed Session: 1) a lawsuit in which the City is involved with 40 other cities within the county pertaining to property tax administration fees against the County of Los Angeles. The City Council took action to authorize an appeal to the Court of Appeal under certain conditions. There were no other reportable actions taken during Closed Session. Further, no public comments were offered. PLEDGE OF ALLEGIANCE: Dr. Lee Bendell led the Pledge of Allegiance. INVOCATION: Dr. Lee Bendell led the invocation. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, and Mayor Everett. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Ken Desforges, IS Director; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer; Patrick Gallegos, Management Analyst; Anthony Santos, Management Analyst; Christian Malpica-Perez, Associate Engineer; Anthony Jordan, Parks and Maintenance Superintendent; Marsha Roa, Public Information Manager and Tommye Cribbins, City Clerk. JUNE 16, 2009 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: CA/Jenkins reported that the State of California is considering various measures to balance the State budget including borrowing involuntarily money that is due to the City of D.B. and other municipalities and/or outright confiscation of money that is constitutionally due cities. Within the past 72 hours after the agenda was posted staff received a request from the League of California Cities to place on tonight's agenda a resolution authorizing cooperation with the League relative to potential litigation against the State for the State's possible confiscation of what are called "gas tax funds" which are monies the cities believe are constitutionally restricted to be given to cities and counties for use for street maintenance. Consequently, there is an immediate need for the City Council to consider taking action tonight to send this message to the State due to the quickly moving budget situation. This resolution requires a four fifths (4/5) vote of the Council to make a finding that there is need for immediate action and to add the item to the agenda under Consent Calendar Item 6.4. C/Chang moved, MPT/Herrera seconded, to add consideration of an emergency resolution under Consent Calendar Item 6.4. 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 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Mayor Everett presented a Certificate Plaque to Jo Chu, co-owner, Palk's Bonga Restaurant, as New Business of the Month for June 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that from time to time staff has provided updates regarding a desire to incorporate three zip codes into the primary 91765 zip code within the City. In March 2009 this issue was discussed with representatives in Washington, D.C. and again more recently with field representatives with Senator Diane Feinstein's and Congressman Miller's offices. Staff recently drafted a letter seeking additional assistance and learned that Dodger Stadium had been allocated a unique zip code number. To staff's knowledge, no one lives in Dodger Stadium and further, staff believes that Dodger Stadium is comprised of one business. Staff is using this information as evidence of possible abuse of the program. There are approximately 4000 addresses in the 91789 area and staff believes it is time for proper intervention to resolve this issue. In March staff met with Congressman Dreier's staff and discussed recent zip code changes in Bradbury JUNE 16, 2009 PAGE 3 CITY COUNCIL and Placentia that resolved similar issues. Since the time that Congressman Dreier was involved in getting zip codes changed new rules have been implemented by the Federal Government to stop these kinds of changes. Staff continues to push for this resolution and will continue to update Council as warranted. C/Tye said he appreciated staff's pursuit of the issue. CM/DeStefano stated that staff has no problem working with Congressman Miller's office and only wrote to him to outline the problem of the Dodger Stadium issue. There are numerous concerns including mail delivery, UPS delivery, FedEx delivery and more importantly, sales tax delivery to the City which require daily effort and money is spent to chase those dollars. Staff is hoping for an imminent resolution. 3. PUBLIC COMMENTS: Heidi Gallegos, Executive Director, San Gabriel Valley Regional Chamber of Commerce, congratulated Mr. Chu and Paik's Bonga Restaurant. She concurred with CM/DeStefano's frustration over the multiple zip codes in D.B. because it is frustrating to advocate for support of local businesses and offered her support in the effort. Ms. Gallegos indicated she was before Council this evening on behalf of the Board of Directors and members of the D.B. business community to express appreciation for the anticipated extension of the City of D.B. Regional Chamber Consulting Services Contract (Consent Calendar Item 6.4 (d)). She addressed the numerous accomplishments of the Chamber as well as the support of local business professionals. She thanked the Council for their time and anticipated support of the consulting services agreement. John Martin, 1249 S. Diamond Bar Blvd. #148, spoke in opposition to Consent Calendar Item 6.5(c). In his opinion, Excel Landscaping has not followed the City's specifications regarding Landscape Maintenance District #38, 39 and 41 which he outlined in detail. Further, he felt that Excel should reimburse the City for what they have not done. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano stated that staff has enjoyed another year of successful collaboration with the Chamber of Commerce at a variety of events and working together on a regular basis and looks forward to working with the Chamber throughout the next budget year. CSD/Rose responding to Mr. Martin's comments regarding the City's medians stated that staff shares Mr. Martin's interest in the quality of work provided and that staff believes that Excel Landscaping provides a quality cost-effective service to the community. Excel has performed services in a variety of areas of the City since 2002 and as the City Council may recall, in 2007 Excel took over JUNE 16, 2009 PAGE 4 CITY COUNCIL 5 maintenance of the district when TruGreen was seeking a 27% increase in their contract ($70,000 per year more for the same work). Excel included in their contract to maintain the medians at the level at which they had been maintained. Mr. Martin specifically mentioned mowing, over seeding, fertilization, weed control and tree maintenance, all of which are being performed in what staff considers a good quality manner. Although there are always issues that need to be dealt with staff believes there are no significant ongoing problems with the medians. PMS/Jordan meets with the area supervisor for Excel on a weekly basis as well as, communicates daily or as necessary to deal with any and all issues. Staff certainly does not believe that Excel is receiving any type of windfall from this contract. Staff routinely checks with other cities with respect to the level of service and costs and in some cases D.B.'s prices are so good that the City is not included in regional surveys. Further, staff does not believe it is in the best financial interest of D.B. to add additional employees to do the landscape maintenance work. Staff recommends that the City Council award the contract to Excel Landscaping for the three Lighting and Landscape Maintenance Districts. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — June 23, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Parks and Recreation Commission Meeting — June 25, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 4th of July Holiday — City Offices close Friday, July 3, 2009 in Observance of Independence Day and will reopen on Monday, July 6, 2009. 5.4 4th of July Blast — July 4, 2009 — 5:00 p.m., Diamond Bar High School, 21400 Pathfinder Rd. Fireworks begin at 9:00 p.m. 5.5 City Council Meeting — July 7, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded, to approve the Consent Calendar as presented with the exception of Item 6.6(i) requested to be withdrawn by C/Tye. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Tanaka, M/Everett None None Tye, MPT/Herrera JUNE 16, 2009 PAGE 5 CITY COUNCIL 6.1 CITY COUNCIL MINUTES 6.1.1 Study Session of June 2, 2009 —Approved as submitted. 6.1.2 Regular Meeting of June 2, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES of April 23, 2009. 6.3 RATIFIED CHECK REGISTER — Dated May 28, 2009 through June 10, 2009 totaling $885,458.40. 6.4 CITY MANAGER DEPARTMENT REQUESTS: (a) APPROVED A THREE-YEAR CONTRACT WITH INLAND VALLEY HUMANE SOCIETY — SPCA (IVHS) TO PROVIDE ANIMAL CARE AND CONTROL SERVICES THROUGH JUNE 30, 2012. (b) APPROVED THE CITY'S 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) APPLICATION. (c) APPROVED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN JURSIDICTIONS AND THE CITY OF LOS ANGELES RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD. (d) APPROVED A ONE-YEAR EXTENSION OF THE CONSULTING SERVICES CONTRACT WITH THE REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY. (e) ADOPTED RESOLUTION NO. 2009-25: AUTHORIZING THE CITY TO APPLY FOR UNITED STATES DEPARTMENT OF ENERGY "ENERGY EFFICIENCY CONSERVATION BLOCK GRANT (EECBG)" FUNDS UNDER THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA). (f) ADOPTED RESOLUTION NO. 2009-26: OPPOSING THE STATE OF CALIFORNIA'S PROPOSED DIVERSION OF PROPERTY AND GAS TAX REVENUES FROM LOCAL GOVERNMENTS TO BALANCE THE STATE'S BUDGET. ADOPTED RESOLUTION NO 2009-27: AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES, IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS. (Added to agenda). JUNE 16, 2009 PAGE 6 CITY COUNCIL (g) APPROVED THE PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) PROGRAM AND ADOPTED RESOLUTION NO. 2009-28 AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PURSUANT TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. (h) AUTHORIZED THE CITY MANAGER TO APPROVE ALL DOCUMENTS REQUIRED TO PARTICIPATE IN THE BMW MINI ELECTRIC VEHICLE PROGRAM. (i) ADOPTED RESOLUTION NO. 2009-29: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE ANNEXATION OF TERRITORY KNOWN AS ANNEXATION 2007-20 TO THE CITY, WITHDRAWAL OF COUNTY LIGHTING MAINTENANCE DISTRICT 1687, DETACHMENT FROM COUNTY ROAD DISTRICT NO. 4 AND ROAD DISTRICT NO. 5 AND ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. 6.5 COMMUNITY SERVICES DEPARTMENT REQUESTS: (a) APPROVED AMENDMENT NO. 5 TO EXTEND THE VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES FOR THE TERM OF JULY 1, 2009 THROUGH JUNE 30, 2011 TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT OF $155,832 PER FISCAL YEAR, AND AS -NEEDED WORK IN THE AMOUNT OF $75,000 PER FISCAL YEAR FOR A TOTAL AUTHORIZATION AMOUNT NOT -TO -EXCEED $230,832 PER FISCAL YEAR, FOR A TOTAL TWO-YEAR AUTHORIZATION OF $461,664. (b) APPROVED AMENDMENT NO. 5 TO THE CONTRACT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR FY 2009/10 AND 2010/11 IN AN AMOUNT NOT -TO -EXCEED $177,800 PER YEAR, FOR A TOTAL AUTHORIZATION OF $355,600 FOR THE TWO-YEAR CONTRACT EXTENSION. (c) APPROVED AMENDMENT NO. 9 TO THE CONTRACT WITH EXCEL LANDSCAPE MAINTENANCE SERVICES FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS 38, 39 AND 41 FOR FY 2009/10 IN THE AMOUNT OF $328,355; PLUS A CONTINGENCY AMOUNT OF $34,000 FOR AS -NEEDED WORK, FOR A TOTAL JUNE 16, 2009 PAGE 7 CITY COUNCIL AUTHORIZATION OF $362,355. (d) APPROVED AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT -TO - EXCEED $50,000 FOR FY 2009/10. (e) APPROVED AMENDMENT NO. 1 TO THE AGREEMENT WITH "AND 1 OFFICIALS" TO EXTEND THE CONTRACT PERIOD FROM JULY 1, 2009 THROUGH JUNE 30, 2010 IN AN AMOUNT NOT -TO - EXCEED $35,000. (f) APPROVED CONTRACT AMENDMENT NO. 1 TO THE AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD FROM JULY 1, 2009 THROUGH JUNE 30, 2010 N THE AMOUNT OF $65,000. (g) APPROVED CONTRACT AMENDMENT NO. 9 TO EXTEND THE, VENDOR SERVICES CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE FOR THE TERM OF JULY 1, 2009 THROUGH JUNE 30, 2011 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT NINE CITY PARKS, THE GROUNDS OF THE DIAMOND BAR CENTER, THE FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE TRAIL/TRAIL HEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF $362,995 PER FISCAL YEAR, AND AS -NEEDED WORK IN THE AMOUNT OF $50,000 PER FISCAL YEAR FOR A TOTAL AUTHORIZATION NOT -TO -EXCEED $412,995 PER FISCAL YEAR FOR A TWO-YEAR AUTHORIZATION OF $825,990. 6.6 PUBLIC WORKS DEPARTMENT REQUESTS: (a) APPROVED EXTENSION OF THE AGREEMENT WITH DIVERSIFIED TRANSPORTATION, LLC FOR FY 2009/10 FOR THE FIRST SIX MONTHS OF FY 2009/10 FOR DIAMOND RIDE PROGRAM (DIAL -A -CAB). (b) APPROVED AGREEMENT WITH L.A. COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) TO EXCHANGE FEDERAL SURFACE TRANSPORTATION PROGRAM -LOCAL FUNDS WITH FLEXIBLE LACMTA STP -L LOCAL TRANSPORTATION FUNDS TO BE UTILIZED FOR THE CHINO HILLS PARKWAY REHABILITATION PROJECT. JUNE 16, 2009 PAGE 8 CITY COUNCIL (c) AWARDED PROFESSIONAL CONSULTING SERVICES CONTRACT TO SCI CONSULTING GROUP FOR FEASIBILITY ANALYSIS AND OPINION RESEARCH FOR LANDSCAPING ASSESSMENT DISTRICT NOS. 38, 39 AND 41 IN THE AMOUNT OF $50,800; PLUS A CONTINGENCY AMOUNT OF $5,000 TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION OF $55,800. (d) APPROVED APPROPRIATION OF $85,000 OF STATE HAZARD ELIMINATION SAFETY (HES) PROGRAM FUNDS TO THE SUNSET CROSSING ROAD AND PROSPECTORS ROAD TRAFFIC CALMING PROJECT, AND APPROVED CONTRACT INCREASE IN THE AMOUNT OF $41,000 WITH ALL AMERICAN ASPHALT FOR A TOTAL AUTHORIZATION AMOUNT OF $415,000. (e) APPROVED CONTRACT INCREASE OF $5,465 FOR CONSTRUCTION MANAGEMENT SERVICES WITH DMS CONSULTANTS, INC. FOR THE SUNSET CROSSING ROAD AND PROSPECTORS ROAD TRAFFIC CALMING PROJECT FOR A TOTAL AUTHORIZATION AMOUNT OF $62,640. (f) APPROPRIATED $60,000 FROM PROP A TRANSIT FUNDS FOR FY 2008109 DIAMOND RIDE DIAL -A -CAB PROGRAM FOR A TOTAL APPROPRIATION OF $560,000. (g) APPROVED CONTRACT WITH ADVANTEC CONSULTING ENGINEERS, INC. FOR BATTERY BACKUP SYSTEM DESIGN AND CONSTRUCTION MANAGEMENT SERVICES AT GOLDEN SPRINGS DRIVE AND DIAMOND BAR BOULEVARD; GOLDEN SPRINGS DRIVE AND BREA CANYON ROAD; GOLDEN SPRINGS DRIVE AND BALLENA DRIVE; DIAMOND BAR BOULEVARD AND PATHFINDER ROAD, AND DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL WAY IN THE AMOUNT OF $20,00; PLUS A CONTINGENCY AMOUNT OF $2,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $22,000. (h) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE II PROJECT IN THE AMOUNT OF $356,258.87 TO C.T.&F. INC., AND AUTHORIZED A CONTINGENCY AMOUNT OF $36,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $392,258.87. JUNE 16, 2009 PAGE 9 CITY COUNCIL 6.7 INFORMATION SYSTEMS (IS) DEPARTMENT REQUESTS: (a) AUTHORIZED THE CITY MANAGER TO PURCHASE HEWLETT PACKARD DESKTOP COMPUTER REPLACEMENT HARDWARE AND SOFTWARE FROM CDWG IN AN AMOUNT NOT -TO -EXCEED $82,000 AND AUTHORIZED EQUIPMENT BEING REPLACED TO BE DISPOSED OF AS SURPLUS PROPERTY. (b) AUTHORIZED THE CITY MANAGER TO PURCHASE HEWLETT PACKARD SERVERS AND ADDITIONAL HARDWARE FROM CDWG THROUGHOUT FY 2009/10 FOR AN AMOUNT NOT -TO -EXCEED $85,000. (c) APPROVED CONTRACT WITH THE COMDYN GROUP, INC. FOR AS -NEEDED INFORMATION TECHNOLOGY SERVICES IN AN AMOUNT NOT -TO -EXCEED $38,150; AND AUTHORIZED THE CITY MANAGER TO ENTER INTO AN AGREEMENT. 6.8 COMMUNITY DEVELOPMENT DEPARTMENT REQUESTS: (a) APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FY 2009/10 IN THE AMOUNT OF $62,400. (b) AUTHORIZED THE CITY MANAGER TO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH LILLEY PLANNING GROUP, INC. (LPG), AND INCREASE THE CONTRACT AMOUNT BY $40,000 FOR A TOTAL CONTRACT AMOUNT NOT - TO -EXCEED $240,000 TO PROVIDE CONTINUED ON-SITE PLANNING SERVICES. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.6 PUBLIC WORKS REQUESTS: (i) APPROVE A CONTRACT WITH KOA CORP - CBM CONSULTING FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TRAFFIC SIGNAL INTERCONNECT LINKS - PHASE II PROJECT IN THE AMOUNT OF $58,313 PLUS A CONTINGENCY AMOUNT OF $6,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL A AUTHORIZATION AMOUNT OF $64,313. C/Tye advised the City Council that he would need to abstain from voting on this matter due to a possible business conflict of interest. JUNE 16, 2009 PAGE 10 CITY COUNCIL MPT/Herrera moved, C/Chang seconded, to approve Consent Calendar Item 6.6 (i). Motion carried by the following Roll Call vote: AYES NOES: ABSTAIN: ABSENT: 7. PUBLIC HEARINGS: COUNCIL MEMBERS: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Chang, Tanaka, MPT/Herrera, M/Everett None Tye None 7.1 PUBLIC HEARINGS FOR LIGHTING AND LANDSCAPE DISTRICTS NOS. 38, 39 AND 41. (a) ADOPT RESOLUTION NO. 2009 -XX LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FY 2009/10. (b) ADOPT RESOLUTION NO. 2009 -XX — LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FY 2009/10. (c) ADOPT RESOLUTION NO. 2009 -XX — LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FY 2009/10. CM/DeStefano reported that due to a glitch in the advertising of this item for this evening staff is requesting that the matter be continued to the July 7, 2009 City Council meeting. M/Everett opened the Public Hearing. There was no one present who wished to speak on this item. C/Tye moved, MPT/Herrera seconded, to continue the matter to the July 7, 2009 City Council Meeting. 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 JUNE 16, 2009 PAGE 11 CITY COUNCIL 7.2 ADOPT RESOLUTION NO. 2009-30: APPROVING REMOVAL OF THE NORTHERLY CROSSWALK AT DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL WAY. SE/Yee reported that this arterial location receives a significant amount of traffic during the peak a.m. and p.m. school hours. Much of the a.m, traffic occurs from vehicles traveling southbound on Diamond Bar Blvd. attempting to turn right onto Mountain Laurel with the p.m. traffic reversing the pattern. As a result, congestion is created along both roadways when vehicles are forced to yield to pedestrians traversing the north leg of the crosswalk. Consequently, the heavy volume of traffic makes it difficult for pedestrians to cross at the north crosswalk. Removal of the northerly crosswalk would isolate all of the pedestrian movement to the south and west for students crossing to get to Chaparral Middle School. City staff, the Sheriff's Department and the City's Traffic Consultant have concluded, after several months of evaluation, that removal of the northerly crosswalk would improve traffic flow and pedestrian circulation. In February 2009 the Traffic and Transportation Commission concurred with the findings and recommendation. During the February Commission meeting Principal Chavez, Chaparral Middle School expressed his support for the removal. During the first week of June notification letters regarding tonight's public hearing were sent to residents within a 500 ft. radius as well as, Chaparral Middle School and Walnut Valley Unified School District. A public notice was posted at the intersection of Diamond Bar Blvd. and Mountain Laurel Way. Upon Council approval, staff will schedule removal for July 2009, by completely removing the crosswalk markings and installing a new pedestrian barricade at the removal location. Pedestrian push buttons and walk/do not walk signs will be removed and new signage will be added to the location. SE/Yee explained to C/Tye that all students will be channeled to the south side and west side for crossing. M/Everett opened the Public Hearing. There was no one present who wished to speak on this item. M/Everett asked if parents were notified. SE/Yee responded that staff has been communicating with school officials and with the school principal. Staff understands that the school officials have communicated with the parents. M/Everett asked if staff received any comments from any residents regarding this item. JUNE 16, 2009 PAGE 12 CITY COUNCIL SE/Yee responded that no written or verbal communication has been received by staff. M/Everett asked SE/Yee to point out on the exhibit where notification was posted. SE/Yee pointed out that signage was placed on the northwest corner. M/Everett said there are 30 -days left for the comment period. SE/Yee agreed and reiterated that staff will not initiate any work until 30 - days from tonight's determination. C/Chang moved, MPT/Herrera seconded, to Adopt Resolution No. 2009- 30: Approving the removal of the northerly crosswalk at Diamond Bar Blvd. and Mountain Laurel Way. 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 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka reported that he had attended the Good Care Adult Day Healthcare Center First Anniversary celebration; D.B.H.S. graduation; the 2009 International Taekwondo Festival at the Industry Expo Center; D.B. Chinese-American Association's Annual Fundraising Dinner; the 4th Annual American Cancer Society D.B. Relay for Life; Pacific Crest Sneak Preview and Fundraiser at Los Altos High School; and, the D.B. Seniors Father's Day luncheon. He wished all fathers a Happy Fathers' Day. C/Chang congratulated this year' high school and college graduates and wished them success in their future ventures. He hoped everyone would join in the 4th of July celebration and hoped the residents would enjoy the summer and be safe. C/Tye spoke about D.B.'s status as a "contract city' and how it has benefited D.B. financially. D.B. has a mean and lean staff and gets more than its money's worth under the contract cities business model. He attended the Los Angeles Division of the League of Cities meeting during which State Controller John Chung delivered a very sobering assessment of what is happening at the State level. Attending the 19th Annual D.B. Chinese-American Association Gala reminded him how D.B. is a very generous community. The Relay for Life was also an expression of the generous spirit of the community and support for those JUNE 16, 2009 PAGE 13 CITY COUNCIL struggling with cancer and hoped residents would join in the 4th of July Blast at D.B.H.S. He wished graduating seniors the best in their future endeavors. MPT/Herrera echoed C/Tye's remarks about D.B. being a contract City and that it is a good business model. Other cities that have hundreds of employees are having very difficult times in this current economic climate. D.B. is not in a situation of having to make decisions to lay off employees. D.B. is very prudent about how it does business and many of the residents compliment the Council on how careful and prudent the City conducts business on behalf of its residents. It bodes well for the City and the City's future. She congratulated and thanked staff for always looking for ways to stretch the City's dollars and pointed out that employees continue to apply for grants to enhance City services. She applauded D.B. for being on the ball and applying to AQMD for two electric vehicles. AQMD serves a lot of cities and conducted a lottery system for these vehicles. D.B. got its application in quickly and was lucky to be selected to receive two electric vehicles that the City can lease for $240 a year which is incredible. She thanked staff for being on the ball with its application and congratulations for receiving the vehicles. She reported that CEO Rick Richmond, Alameda Corridor East Construction Authority received a prestigious award from the Los Angeles Chapter of the American Counsel of Engineering Companies of California, the 2009 Engineering Achievement Award. Alameda Corridor East constructed the grade separation at Brea Canyon Road which eliminates the train blowing its horn at the overpass, increases safety at the intersection and decreases pollution because cars do not have to stop and idle waiting for the train to pass. This project was a win-win project for all involved. She requested that the City Council present Mr. Richmond with a plaque honoring his achievements and would be pleased to attend the next Alameda Corridor East meeting to present the plaque to him. M/Everett said that in addition to the City's recognition and acknowledgement of school graduates, some school district employees are retiring and they too are to be honored for their service to the community. He enjoys the amenities of senior activities and other programs in the City as well as volunteerism. He followed up on the very serious water issue by having General Manager Mike Holmes from the Walnut Valley Water District talk to the City in very direct and thoughtful language. He attended Supervisor Don Knabe's Los Angeles County Water Summit and Symposium and was again reminded about the seriousness of the water situation. He attended Abacus and Mental Arithmetic Contest where students demonstrated great skills. He also attended the Taekwondo event where participants demonstrated great skill, character, respect, focus and attention. He was in Tonner Canyon with CM/DeStefano and the media to observe one of three days of fire fighting drills. He hoped everyone would have an enjoyable summer and would join with the City for the 4th of July celebration. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 7:56 p.m. JUNE 16, 2009 PAGE 14 CITY COUNCIL 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 STUDY SESSION OF THE PLANNING COMMISSION APRIL 28, 2009 CALL TO ORDER: Chairman Torng called the Study Session to order at 6:05 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL Present: Commissioners, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioner Kwang Ho Lee Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; John Douglas, Consultant, Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. ON. Draft Housing Element ACDD/Gubman reminded the Commission that this follow up Housing Element Study Session was a third in a series that began about a year ago on May 13 and May 27, 2008, to get an overview of the requirements of what was required by cities to prepare a Housing Element on a six-year cycle. After receiving the Planning Commission's input, the City Council held a subsequent joint study session on August 5, 2008. Following the City Council Study Session, staff submitted the Draft document to the State Department of Housing and Community Development (HCD) for review, comment and ultimately, certification. Following HCD's review of the document, staff held a joint telephone session to answer their questions and help them complete their comments. Staff received HCD's response letter in mid- October 2008, a letter that details the issues that need to be addressed in order to receive certification of the Housing Element. Key points raised in the comment letter as indicated in the packet provided this evening include: additional verification of how the Regional Housing Needs Assessment (RHNA) numbers would be met; provide more detail about how the City will commit to rezone properties to meet the target housing number; and, indicate how the City will allow and encourage emergency shelters as mandated under SB 2. Staff's goal for tonight's study session is to share the revised document and key points with the Commission and follow up with a joint study session with the City Council next month after which the document will be resubmitted to HCD. APRIL 28, 2009 PAGE 2 PLANNING COMMISSION STUDY SESSION John Douglas, consultant, stated that what Diamond Bar is experiencing with the state is very similar to what every other jurisdiction in southern California is experiencing — a lengthy critique asking for additional commitments and information. As a result, Diamond Bar is in the same boat as everyone else. The Housing Element is different from every other element within the General Plan because it is the only one in which the state has a role to review the document and issuing their opinion as to whether it is in compliance. Having the state's certification of the Housing Development may help the City defend against legal challenges of its General Plan. Under very unusual circumstances, courts can intervene and order that certain projects be approved such, as high density residential projects. If the City's Housing Element cannot demonstrate that the City has adequate sites for low income housing that requirement will carry over and the next time the Housing Element is updated the City will have to demonstrate not only the adequate sites for the new period but also the carry over from the old period which could make it even more difficult to comply. SB 375 (Global Warming Law) is sweeping in its terms that states if a City has a fully compliant Housing Element it has a shelf -life of eight years. If it is not in compliance the Housing Element must be updated on a four- year cycle. Mr. Douglas stated that every city must accommodate at least one emergency shelter, which means that the city must have zoning that would allow an emergency shelter to be established through a simple, streamlined, "by right" procedure. SB 2 deals with emergency shelters as well as transitional and supportive housing. Emergency shelter means a place where a homeless person can drop in on a day- to-day basis. If the shelter has room they must allow the person as long as that person meets the rules of the shelter. Typically, no individual can stay at a shelter for more than six months. Transitional housing is more of a long-term situation such as an apartment or house. People who live in this type of housing are typically placed there through a program. Cities are not required to build these types of facilities. The solution to providing this type of facility should be led by the non-profit sector with government assistance. The RM zone could be designated where there are existing church facilities and that a shelter could be established by a church in the RM zone. Mr. Douglas referred the Commission to the SGVCOG's Regional Homeless Services Strategy Phase I Report, available on the COG's website, for further information on regional homelessness issues. Mr. Douglas further stated that the next discussion item has to do with how the City is going to demonstrate that it can meet its needs with fair share RHNA. Every city is allocated a fair share of new housing to accommodate the region's growth needs for different income categories. The lower income category has to be a certain level of density in order for it to be financially feasible to be built. Based on the current level, Diamond Bar cannot demonstrate any capacity for lower income housing. APRIL 28, 2009 PAGE 3 PLANNING COMMISSION STUDY SESSION Because the City does not have any vacant land that is zoned to allow relatively high density housing (30 -units per acre or typically a three-story building) the law says that the City must commit to identifying areas that will be rezoned within a couple of years to allow that type of housing. As a result, a commitment to survey potential areas that could meet that need has been placed within the Housing Element, which means that within two years the City Council will select and rezone at least 15 '/2 acres to accommodate this need. Four different areas have been identified in the appendix that could potentially meet this need. The ultimate decision is up to the Planning Commission and City Council as to which area makes the most sense. The options are listed in Table B-1 under Residential Land Inventory: 1) Kmart site; 2) Tres Hermanos property; 3) Latter Day Saints Church; and 4) Aera Energy project. A list of potential sites establishes a way for the City to ultimate reach its goal. Once the Housing Element is complete and adopted, follow- up implementation will be to conduct further study (possibly an EI R) on one or more of these properties followed by an ultimate decision as to which site would include a designation for high density housing. ACDD/Gubman elaborated on the potential of each site. VC/Nelson asked how important it was to locate this type of housing close to shopping, etc. He believed the Kmart site would be preferable. Mr. Douglas responded to C/Nolan that even though these are referred to as "low income" units, the issue is really "density." There is no requirement that they be built. The key requirement is that the City has zoning that allows 30 -units per acre to be built. And whether they turn out to be affordable to low income families, perhaps they will and perhaps they will not. The City would probably have to have a non-profit developer that was interested in partnering up in order to make the units affordable to low income. ACA/Wohlenberg stated there is a presumption in affordable housing laws and almost every zoning code that higher density is more desired by property owners. In the last housing cycle this trend flipped on its head and once in awhile that presumption does not work out. Mr. Douglas said that even if a project were built that qualified as lower income affordable one would not be able to determine that by driving by because all development has to meet design standards and development standards. ACDD/Gubman explained that Claremont has an inclusionary housing ordinance wherein if one is doing a development and building seven or more units a certain number must be allocated for lower income households. The requirements are that those units must be fully integrated within the development so that from the exterior they are identical. The interior amenities may be downgraded or the unit sizes might be smaller but in terms of being part of an integrated development there would be no visible difference. APRIL 28, 2009 PAGE 4 PLANNING COMMISSION STUDY SESSION Mr. Douglas responded to Chair/Torng that Diamond Bar's RHNA fair share of the 700,000 units of the SCAG region is about 1000 units. In about five or six years from now there will be another forecast and another assessment of fair -share allocations. If the City does not accomplish its numbers, there is no penalty for not achieving these numbers so long as the City has a Certified Housing Element and it is following through on its commitments. SB 375 may promote in future Housing Element cycles a higher share allocated to the more urbanized areas next to Metrolink and freeways, and lower share allocated to the areas not close to convenient mass transit. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the Study Session at 7:05 p.m. The foregoing minutes are hereby approved this 26th day of May, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director r --TW orng, Chairm n Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 28, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:11 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson, Chairman Tony Torng. Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; 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 MINUTES: 4.1 Minutes of the Regular Meeting of March 24, 2009. C/Lee moved, C/Shah seconded, to approve the Minutes of March 24, 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Nolan ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. APRIL 28, 2009 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 One -Year Time Extension for Development Review No. 2007-11 Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 for a new 4.39 Square Foot Commercial Building with a drive-through ("Project") - Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one-year extension of time to begin construction. The project was approved on April 10, 2007, with a two (2) year timeframe to obtain building permits and begin construction. Project Address: 22438 Golden Springs Drive (Northeast corner of Golden Springs Drive and Lavender Drive in the Target Shopping Center) Diamond Bar, CA 91765 Property Owner: CH Development, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 Applicant: Charlie Shen CH Development, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 SP/Laufenburger presented staff's report and recommended Planning Commission approval of the One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Torng opened the public hearing. Charlie Shen, applicant, reported that the leasing agents are working diligently to get a tenant for the site and he is pushing to construct and open the building this year. Chair/Torng closed the public hearing. C/Nolan moved, VC/Nelson seconded, to approve a One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use APRIL 28, 2009 PAGE 3 PLANNING COMMISSION Permit No. 2007-07 and Minor Variance No. 2007-03, 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 Nolan, Lee, Shah, VC/Nelson Chair/Torng None None 7.2 Conditional Use Permit No. 2009-01 — Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus submitted a requestto provide college counseling and tutoring services to high school age students. ACDD/Gubman asked the Commission to continue this matterto the May 12, 2009, meeting to ensure proper notification in compliance with the City's Development Code. The applicant failed to post the notice on the subject property as required. Chair/Torng opened the public hearing. There was no one present who wished to speak on this matter. C/Nolan moved, C/Shah seconded, to continue the public hearing for Conditional Use Permit No. 2009-01 to the Regular Planning Commission meeting of May 12, 2009. Motion carried by the following Roll Cali vote: AYES: COMMISSIONERS: Nolan, Lee, Shah, VC/Nelson Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan reported that she attended the Planners Institute in Anaheim and found it to be very useful and informative. She felt the best workshop was on Environmental Impact Reports. VC/Nelson stated he was very proud of the City for its handling of the proposed NFL Stadium project. As he indicated at the last Commission meeting he hoped that the City would not fall into a state of hysteria or fear and ultimately cost the City a lot of money and not stop the project. He felt the residents benefited from appropriate APRIL 28, 2009 PAGE 4 PLANNING COMMISSION negotiations and the City demonstrated that it is a good neighbor for which he is happy and pleased. C/Shah also felt the City did a fantastic job in negotiating with the City of Industry and he is very happy about the results and proud .of staff. Chair/Torng commended staff for a very good study session and today's meeting. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman updated the Commission on the Site D Specific Plan. Staff hopes to have the Draft EIR completed and ready for public circulation within the next two to three weeks. Staff will hold a public forum during the 45 -day public review period for comment. If the Commission is interested, he would be pleased to lead a training session on "how to read an EIR." The Commission concurred to hold an EIR Study Session prior to an upcoming Regular Planning Commission meeting. 10. 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 7:25 p.m. The foregoing minutes are hereby approved this 12th day of May, 2009. Attest: Respectfully Submitted, . ........ Greg Gubman Acting Community Development Director T6hy Torng, Chairman Agenda No. 6.2(c) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 12, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:01 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, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioners Kathy Nolan and Jack Shah were 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 Planning Commission Minutes: 4.1.1 Study Session of April 28, 2009 —due to a lack of quorum, the item was continued to May 26, 2009. 4.1.2 Regular Meeting of April 28, 2009 — approved as corrected C/Lee moved, C/Nelson seconded, to approve the Regular Minutes. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan, Shah 5. OLD BUSINESS: None. MAY 12, 2009 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING: 7.1 Conditional Use Permit No. 2009-01— Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus submitted a request to provide college counseling and tutoring services to high school age students. (Continued from April 28, 2009) PROJECT ADDRESS PROPERTY OWNER: 2040 Brea Canyon Road, Suite 230 Diamond Bar, CA 91765 Plaza Diamond Bar Partners LLC 3029 Wilshire Boulevard, Suite 202 Santa Monica, CA 90403 APPLICANT: College Focus 2040 Brea Canyon Road, Suite 230 Diamond Bar, CA 91765 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee asked if liquor was sold near the site. Tami Schmitt, representing the property owner, responded that she believed the sushi restaurant sells only beer and wine. There is a liquor store at 2020 Brea Canyon Road in the building next to the subject site and an Indian Restaurant and Deli in the immediate area as well. There were no ex parte disclosures. Chair/Torng opened the public hearing. Mark Corkery, applicant, gave a background on the company and spoke about the business. He said the company had been located in Diamond Bar for the past three years. MAY 12, 2009 PAGE 3 PLANNING COMMISSION Mr. Corkery responded to C/Lee that the company assists high school students. C/Lee asked how close the business was to the liquor store. Mr. Corkery said he did not understand the reason for C/Lee's question because there is a business catering to a similar age group right next doorto this business. Mr. Corkery said the sushi bar is no more than 30 yards from his door. The liquor store is not in the same building but in the building next door. Since this is a college counseling agency it has a lot to do with the students making decisions about colleges with parental support. Since the parents are paying for college they need to be involved with the process and many times are present at the counseling sessions. If Mr. Corkery is to assume that C/Lee's concern is whether students would have access to alcohol in his facility it would not be the case because parents are with the students. Chair/Torng asked Mr. Corkery if he read and concurred with the conditions of approval including the limitation of five students per session and Mr. Corkery responded affirmatively. There was no one present who wished to speak on this matter. C/Lee moved, VC/Nelson seconded, to approve Conditional Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan, Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None Offered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman stated there would be a Planning Commission meeting on May 26. The only item on the agenda is consideration of the Capital Improvement Program for Fiscal Year 2009/2010 and to make the annual finding of General Plan consistency. The budget is scheduled to be considered by the City Council at its June 2 meeting. MAY 12, 2009 PAGE 4 PLANNING COMMISSION C/Torng reported that a Study Session for Site D Specific Plan EIR would be held on June 9. 10. 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 7:16 p.m. The foregoing minutes are hereby approved this 26th day of May, 2009. Attest: Respectfully Submitted, Greg Gubma Acting Community Development Director ny Torng, Chair n Agenda No. 6.2(d) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 26, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Acting Community Development Director and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1.1 Study Session Minutes of April 28, 2009 VC/Nelson moved, C/Nolan seconded, to approve the Study Session Minutes of April 28, 2009 as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Lee ABSENT: COMMISSIONERS: Shah 4.1.2 Regular Meeting of May 12, 2009 C/Lee moved, C/Nolan seconded, to approve the May 12 Regular Meeting Minutes as corrected. Motion carried by the following Roll Call vote: MAY 26, 2009 PAGE 2 PLANNING COMMISSION AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None Lee, Nolan, VC/Nelson, Chair/Torng None Shah 6.1 Review of Fiscal Year 2009-2010 Capital Improvement Program (CIP) — Conformity with the General Plan. ACDD/Gubman presented staff's report and recommended that the Planning Commission adopt Resolution No. 2009-09 finding the proposed Fiscal Year 2009-2010 Capital Improvement Program in conformance with the General Plan. C/Nolan asked if the repair to the vandalism that occurred in Sycamore Canyon Park was a part of this proposal. ACDD/Gubman responded that the work was not a capital improvement and the judicial court will determine restitution. VC/Nelson asked if the staff had set priorities for the order in which these improvements would be made. ACDD/Gubman said he did not see any prioritization. There is funding available for all of the projects in the coming year. VC/Nelson asked if the projects would begin immediately or be phased to which ACDD/Gubman responded that the sewer improvement plan and slurry seal programs are scheduled. There is funding available for planning efforts onlyforthe Washington Street Park. ACDD/Gubman also responded that the City Council reviews the budget and prioritizes projects. VC/Nelson asked if ACDD/Gubman agreed with the Council's schedule. VC/Nelson wondered if there was any attempt to prioritize these improvements to determine when these things could happen within a year's timeframe. ACDD/Gubman said he was sure there was an attempt to prioritize these items and it is outside of the purview of what he is presenting to the Commission so he is not prepared or qualified to answer the question but would be more than happy to consult with Public Works and Community Services staff to get a better answer for VC/Nelson. VC/Nelson said he did not need an answer but wanted assurance that if ACDD/Gubman saw that there was a public need for a particular project that he would pass that MAY 26, 2009 PAGE 3 PLANNING COMMISSION information on to the individuals who are scheduling the projects. ACDD/Gubman said that his role in capital improvements does not rise to that level of involvement. However, he would take VC/Nelson's input as a vote of confidence that he could advocate for additional involvement in the City's planning effort. C/Nolan asked if every project contained in last year's budget was completed. ACDD/Gubman said there were some carryover projects from last year that are left to be completed. His understanding is that planned phases were completed. Chair/Torng commented that the Chino Hills Parkway rehab project was at the city limits of Diamond Bar. He asked how many people would use the parkway. ACDD/Gubman said he did not know the particulars of the proposed project. Chair/Torng felt the usage was minimal compared to the cost of the project. Chair/Torng asked for an explanation of the last column of the table. VC/Nelson said that to Chair/Torng's point, the total expenditure column was not necessary. There was no one present who wished to speak on this matter. C/Nolan moved, C/Lee seconded to adopt Resolution No. 2009-09 finding the proposed Fiscal Year 2009-2010 Capital Improvement Program in conformance with the General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 7. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan asked if there was movement on the space next to Chili's. ACDD/Gubman responded that the owner was in the process of seeking a tenant after Starbucks, Panda Express and a bank dropped out. The City is working with the owner to help improve visibility via signage along the surface streets to make the pad more enticing to potential builders. VC/Nelson asked if there was any activity on the old Krikorian theater space. ACDD/Gubman said he met with the property owners last week and was told that MAY 26, 2009 PAGE 4 PLANNING COMMISSION they are having trouble finding a tenant for the space. The owners are considering demolishing the current structure and building in-line retail space in its place. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman responded to Chair/Torng that a public comment period is currently open for the planning for the eastbound SR60/Grand Avenue off ramp for the proposed stadium project. The City will be forwarding its comments regarding the issues regarding the design studies and environmental review such as protecting the Honda property. The City is also putting Caltrans and the City of Industry on notice that it is interested in finding a location along that stretch of the freeway frontage for a community message board for Diamond Bar businesses. ACDD/Gubman advised the Planning Commission that the only item scheduled for June 9 is the Study Session on how to read an EIR. 10. 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 7:25 p.m. The foregoing minutes are hereby approved this 23rd day of June, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Tony Torng, Chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive Diamond Bar, CA 91765 MAY 29. 2009 CALL TO ORDER: Chairman Herndon called the Parks and Recreation Commission meeting to order at 7:01 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Grundy led the Pledge of Allegiance. ROLL CALL: Present: Commissioners: Ted Owens, Vice Chairman Dave Grundy, and Chairman Lew Herndon Commissioner Low arrived at 7:05 p.m. Absent: Commissioner Benny Liang was excused. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent, Christy Murphey, Recreation Supervisor; and, Marcy Hilario, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As listed in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1.1 Approval of Minutes for the April 23, 2009 Regular Meeting. VC/Grundy moved, C/Owens seconded, to approve the April 23, 2009 regular Meeting Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 2. INFORMATIONAL ITEMS Low, Owens, VC/Grundy, Chair/Herndon None Liang 2.1 RECREATION PROGRAM REPORT — RS/Murphey C/Low asked if the Easter Egg Hunt is co-sponsored by the Lions Club MAY 29, 2009 PAGE 2 P&R COMMISSION and whether they provide any of the supplies. CSD/Rose responded yes, the Lions Club provides the majority of the supplies. The City provides eggs and setup. The budget shows what is spent by the City only_ C/Owens asked if the City had any problems accommodating D.B. residents for the classes. RS/Murphey said that staff has discussed giving priority to residents. Registration was started mid-March and the classes were not filled until the end of April. RS/Murphey responded to VC/Grundy that staff asks for comment cards from parents, coaches and staff and those recommendations are included in the list. Chair/Herndon asked if he recalled correctly that there would be a maximum of 40 Volunteens. RS/Murphey responded yes, but that staff wanted to give all applicants a chance. Chair/Herndon said he noticed the income from the Diamond Bar Center was up about $13,000 over last year and whether this was a result of increased fees. RS/Murphey responded that most of the revenue was due to the increase in fees. Staff routinely receives comments about fees being too high. 2.2 PARKS REPORT — PMS/Jordan C/Owens asked if staff has noted any problems in the playground sand areas and PMS/Jordan responded no. C/Owens suggested the Commission send a thank you letter to the LDS Church for the park benches on Steep Canyon Trail. The Commission concurred. C/Low recalled that staff was going to purchase benches for some of the parks. CSD/Rose said staff acquired some replacement benches. Additional benches were placed at Sycamore Canyon Park. C/Low stated that someone vandalized the pocket park on Longview north. Chair/Herndon asked if staff still planned to install shade structures and benches on some of the trails. CSD/Rose responded that shade structures might be included in future phases. 2.3 PARKS MASTER PLAN — Update from subcommittee meeting held on Tuesday, May 26 — CSD/Rose CSD/Rose reported that the subcommittee members and project team met with the consultants to talk about the Parks Master Plan priorities. Also provided in Commissioner's packets is a schedule of future meetings. The public meeting date of Saturday, August 8 is confirmed. The first phase of the draft document will be reviewed by the project team on June 30 after which the consultants will revise the document based on their input and the final draft document will come to the Parks and Recreation Commission on Thursday, July 30 for review during a study session following the regular meeting. The first public review and input of the document will take place on Saturday, August 8. Thursday, September 24 MAY 29, 2009 PAGE 3 P&R COMMISSION is slated for the final document to come to the Commission for recommendation to the City Council. If necessary, there will be additional public meetings between August 8 and September 24. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Low asked Commissioners to participate in the Diamond Bar Day at the Fair on Thursday, September 17 and recommend deserving folks for the "Hero" award. VC/Grundy asked for an update on the City of Industry's NFL Stadium project. CSD/Rose said he understood that three lawsuits have been filed against the City of Industry. Two lawsuits have to do with the EIR. One lawsuit was filed by two D.B. residents and one Claremont resident claiming that the City of Industry violated the Brown Act when they approved the EIR. The City of Walnut had a mandatory settlement conference. The stadium cannot move forward until the lawsuits are resolved. Chair/Herndon said that apparently Walnut is asking for significant mitigation. VC/Grundy stated that a resident suggested to him that the City sponsor mountain bike/bike races or running races. During the Parks Master Plan meeting they discussed a walk-a-thon type of activity. Chair/Herndon said he is always in awe of the fine job staff does on behalf of the City. CSD/Rose reported that following staff's report and the Commission's input the Council voted 5-0 not to increase any fees at this time. ADJOURNMENT: VC/Grundy moved and C/Owens seconded to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Herndon adjourned the meeting at 7:43 p.m. Respectfully Submitted, /s/ Bob Rose BOB ROSE, SECRETARY Attest: /s/ Lew Herndon CHAIRMAN LEW HERNDON Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING MAY 14, 2009 CALL TO ORDER: Chair Lin called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chair House led the Pledge of Allegiance. ROLL CALL: Kenneth Mok, Liana Pincher, Michael Shay, Kevin House, Vice -Chair and Jimmy Lin, Chair Also Present: David Liu, Public Works Director; Rick Yee, Senior Civil Engineer; Erwin Ching, Assistant Engineer: Christian Malpica-Perez, Associate Engineer, and Marcy Hilario, Senior Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of the April 9, 2009 regular meeting. C/Shay moved, C/Mok seconded, to approve the April 9, 2009 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Pincher, Mok, Shay, Chair/Lin NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/House ABSENT: COMMISSIONERS: None II. PUBLIC COMMENTS: John Harbaugh, 23347 Wagon Trail, spoke about the lack of parking at the D.B. Library, plastic pillars that prevent the ability to make u -turns, inability to enter the center median to make a safe left turn as well as, the six (6) parking spaces lost to employee parking. He was also concerned about the changes by Pomona Unified School Distract in converting Golden Springs Elementary School into an intermediate school and whether an EIR was required. His third issue was with the Pulte Homes Tract. He thought he understood that the back gate at Highcrest Drive provided a second entry/departure point. As of today he was informed that the second gate was a "fire exit" only. He wanted to know what happened to the original plan to grant permission for an alternate exit. May 14, 2009 PAGE 2 T&T COMMISSION PWD/Liu responded to Mr. Harbaugh that the City has facilitated an arrangement with Century 21 and the Library to possibly allow for extra library parking through a shared parking agreement. The City provided a site plan to both property owners for their consideration. The City has not received information about proposed changes at Golden Springs Elementary School and will contact school administrators to discuss possible traffic increases. With respect to the Pulte Homes Development, he will discuss the second gate issue with the City's Community Development Department. C/Shay asked staff to take a close look at the streets to see if there is a possibility for restructuring to address Mr. Harbaugh's concern regarding left hand turns and to follow up on the potential agreement with Century 21 for additional library parking. He commented on the inadequacies of the current library and the matter of residents leaving the community to use facilities in other cities. Chair/Lin said he lives two homes down from the gate in the Pulte Homes tract and served as Homeowner Association President for three years. There is an existing document between Pulte Homes and the City that states that the gate is to be used for emergency access only. He believed that the Fire Department and Sheriff's Department had keys. In addition, two of the homeowners have keys in the event the residents need to vacate the area in case of fire or other emergencies. Nancy Harbaugh explained that the problem is that residents of the Pulte Homes tract are cutting through their neighborhood. She was disappointed when Council Members voted against a new library and encouraged residents to vote against Measure L because great cities have great libraries and D.B. needs a great library. She invited Commissioners to visit the library on a Wednesday afternoon at 3:30 to observe what happens. She refuses to take her 4 -year old granddaughter to the library. If the City cannot come up with a way to mitigate the traffic issue perhaps staff should recommend to the City Council to provide shuttle service (from Sycamore Canyon Park). On a separate issue, Mrs. Harbaugh requested installation of a traffic signal at the intersection of Diamond Bar Boulevard and Morning Canyon Road because of the pre-school at Diamond Bar Congregational Church. In response to Mrs. Harbaugh's request, Chair/Lin explained that the City must meet the warrant study in order to install anew traffic signal. PWD/Liu responded to Mrs. Harbaugh that staff will proceed with some basic data collection to determine whether the intersection warrants a traffic signal study. C/Pincher shared with Mrs. Harbaugh that there is a procedure for involving their neighbors in a Neighborhood Traffic Management Program and petition process for possible resolution. C/Shay commented that, in his opinion, the concept of shuttle service is very good; however, to have that type of service five days a week might be cost -prohibitive and impractical. If Mrs. Harbaugh is recommending this type of service on particular days at particular times for particular groups it might be feasible. May 14, 2009 PAGE 3 T&T COMMISSION III. ITEMS FROM STAFF: A. Received and Filed Traffic Enforcement Updates for: 1. Citations: February, March & April 2009 2. Collisions: February, March & April 2009 3. Street Sweeping: February, March & April 2009 VC/House said he had not seen the Code Enforcement Officer following the street sweeper any time during this year. There are usually about seven cars parked on the street in the neighborhood in which he lives when the sweeper comes through and he has not seen those cars ticketed. IV. OLD BUSINESS — None V. NEW BUSINESS — None VI. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu stated that at its April 21St meeting, the City Council approved the maintenance agreement with Caltrans for the proposed medians on Pathfinder Road just east of the SR -57. At the May 5th Council meeting, the Council adopted the Fiscal Year 2009-2010 Goals and Objectives, a copy of which has been provided to the Commissioners this evening. VII. ITEMS FROM COMMISSIONERS: C/Shay commented that the maintenance at the City's entries and exits and along the freeways is concerning due to overgrown vegetation and litter. Whatever staff could do to get Caltrans to respond would greatly improve the City's appearance. PWD/Liu reiterated Caltrans' position in not having a set maintenance schedule and said that staff would continue to attempt to influence them to be more responsive. VC/House asked about the USA markings on Grand Avenue. SE/Yee responded that the City is waiting until completion of the work by the current permittee, NextG. In fact, the City has requested a quote from a contractor to determine the cost of removing the markings. VC/House reiterated his concern about the height of the Verizon ROS lines going into residential yards and bending poles. After discussing the matter with MA/Gallegos, they met with Verizon officials at the site. At all four sites there were multiple violations that needed to be corrected and he felt the City should be more aware of substandard work. C/Pincher pointed out that at the southbound SR -57 split, where the SR -60 goes west and the SR -57 goes south, there is a large poorly lit concrete pillar. She expressed May 14, 2009 PAGE 4 T&T COMMISSION her concern about the lack of visibility for freeway drivers. She suggested installing some type of reflector. C/Mok reported that on April 13th there was an NTMP meeting with the Maple Hill Neighborhood. He was fortunate to attend and AE/Molina and AE/Ching conducted an excellent presentation. Attendees appeared to be pleased with the information they received and wanted to continue on to the next step by acquiring the necessary signatures from neighborhood residents. He thanked staff for their continued effort and presentation at the meeting. He wondered why this item was not on the list of Informational Items this evening to provide an update. PWD/Liu reiterated the process and reported that staff is in the data collection process; therefore, no updates are available at this time VIII. INFORMATIONAL ITEMS; A. Diamond Bar TMS/Traffic Signal Interconnect Links — Phase 1 — SE/Yee reported that there are currently 38 intersections connected online with the system awaiting completion of functional testing. Staff is required to participate in a week-long training on operation of the system. It appears that the earliest staff will be able to have the system in use and provide benefit will be August 2009. Phase 11 is out for bid. Chair/Lin suggested the City make a short promotion video to run on DBTV. B. Lycoming Street Rehabilitation Project - SE/Yee stated that staff received project bids and can report that the lowest bid amount was significantly lower than the engineer's estimate. Staff expects to award the contract at the City Council's first June meeting with construction commencing the end of June/beginning of July. C. Sunset Crossing Road/Prospectors Road Traffic Calming Project — SE/Yee reported that improvements have been made to the medians with installation of the landscaping, trees, etc. The final landscape plantings are imminent. A portion of Sunset Crossing Road was slurry sealed today. There will be a slight delay on the landscape plantings as staff works through minor issues with SCE in terms of providing electrical service to the irrigation controls. D. Industry's Grand Avenue Bridge Widening/interchange Project — PWD/Liu reported that at the end of March, DB staff and City of Industry staff met with Senator Feinstein's representative to provide her office with the latest information regarding this project. The staff member concurred that this was indeed a regionally significant project after witnessing the afternoon interchange bottleneck. E. Lemon Avenue On/Off Ramps Project— PWD/Liu stated that this project is still in design phase and anticipates approximately 65 percent of the plans and specs to be completed by July. Staff continues to dialogue with the state regarding the landscape concept, as well as completing the project in two phases. F. SR -57/60 Feasibility Study — PWD/Liu reported that the modeling for the interchange was recently completed and he hoped to be able to receive the final draft report within a month or so. May 14, 2009 PAGE 5 T&T COMMISSION G. Residential Area 5 Slurry Seal Project — AE/Malpica-Perez reported that the project is scheduled for bid opening on Wednesday, May 20th. The award for contract is anticipated to go to the City Council on June 2"d H. Arterial Zone 3/Zone 4 Slurry Seal Project (American Recovery & Reinvestment Act) — AE/Malpica-Perez stated that the Request for Authorization was sent to Caltrans on April 16th. Staff has since been notified that it was forwarded to Sacramento for approval. Authorization is expected by mid-May. Once authorization to proceed with construction is received, plans will be finalized and staff will go out for bid with an expected award of contract by July. I. Chino Hills Parkway Street Rehab Project — AE/Malpica-Perez reported that pavement investigation for the project is underway to help determine the method of rehabilitation with the report of the results expected by the end of May. The award of construction is anticipated by late summer/early fall. C/Shay inquired about the amount of stimulus funds the City will be receiving. PWD/Liu responded to C/Shay that the City will receive $1,770,000 of federal stimulus monies for street improvements. The City will also receive about $550,000 of energy efficiency and conservation block grant program funds. VIII. 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/Lin adjourned the meeting at 8:09 p.m. The foregoing minutes are hereby approved this 11TH day of TVOt _'2009. Respectfully, � AZ id G. iu, Secretary Attest: Chairman Jimmy Li Agenda # 6.5 Meeting Date: July 7, 2009 CITY COUNCILS AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: Ratification of Check Register dated June 11, 2009 through July 1, 2009 totaling $1,979,416.72. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,979,416.72 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 June 11, 2009 through July 1, 2009 for $1,979,416.72 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: Finance Director Assistant City Manager Attachments: Affidavit and Check Register — 06/11/09 through 07/01/09. 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 June 11, 2009 through July 1, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,426,452.24 Community Organization Support Fd 450.00 Prop A - Transit Fund 22,475.23 Prop C - Tranist Fund 3,084.57 Int, Waste Mgt Fund 11,693.61 Traffic Improvement Fund 9,331.34 CDBG Fund 3,368.70 LLAD 38 Fund 31,681.03 LLAD 39 Fund 26,480.63 LLAD 41 Fund 10,713.51 Capital Improvement Projects Fund 433,685.86 $1,979,416.72 Signed: Linda G. Magnuson Finance Director City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/11/2009 09 -PP 12 PAYROLL TRANSFER PIR TRANSFER -09 -PP 12 001 10200 156,095.09 $170,088.68 6/11/2009 85324 PAYROLL TRANSFER PIR TRANSFER -09 -PP 12 112 10200 8,656.54 $298.72 6/11/2009 PAYROLL TRANSFER PIR TRANSFER -09 -PP 12 115 10200 3,911.14 6/11/2009 85325 PAYROLL TRANSFER P/R TRANSFER -09 -PP 12 125 10200 1,425.91 $1,122 00 6/25/2009 09 -PP 13 PAYROLL TRANSFER P/R TRANSFER-09/PP 13 001 10200 163,853.52 $174,306.34 6/25/2009 1 PAYROLL TRANSFER PIR TRANSFER-09/PP 13 112 10200 6,534.75 6/25/2009 85324 PAYROLL TRANSFER PIR TRANSFER-09/PP 13 115 10200 2,907.28 $298.72 6/25/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 13 125 10200 1,010.79 6/11/2009 1 85323 A AMERICAN SELF STORAGE STORAGE-I.T. 1 0014070 1 46230 1 122.00 $122.00 6/11/2009 1 IAT AT & T 1PH.SVCS-GENERAL 0014090 42125 1 25.06 1 6/11/2009 1 85324 AAA FLAG AND BANNER SUPPLIES-D/B FLAG 0014090 1 41200 1 298.72 $298.72 6/11/2009 1 85325 AGI ACADEMY CORP CONTRACT CLASS -SPRING 0015350 1 45320 1 1,122.00 $1,122 00 6/11/2009 1 85326 AGRICULTURAL COM WGHTS & MEASURES COYOTE CONTROL SVCS -APR 0014431 1 45406 1 134.88 $134.88 6/11/2009 1 85327 AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 1 45000 1 138.75 $138.75 6/11/2009 85328 AMERITECH BUSINESS SYSTEMS INC COPIER MAINT-MAY 09 0014090 42100 1,169.47 $1,169.47 6/11/2009 1 85329 CHRISTINE ANN ANGELI CONTRACT CLASS -SPRING 0015350 1 45320 54.00 $54.00 6/11/2009 85330 & T PH.SVCS-GENERAL 0014090 42125 29.36 $54.42 6/11/2009 1 IAT AT & T 1PH.SVCS-GENERAL 0014090 42125 1 25.06 1 6/11/2009 1 85331 DEBBIE AVILA CONTRACT CLASS -SPRING 1 0015350 1 45320 1 459.00 $459.00 6/11/2009 85332 BENESYST FLEX ADMIN SVCS -2ND QTR 0014060 42346 11 85.00 $85.00 6/11/2009 1 85333 BENESYST 6/12/09-P/R DEDUCTIONS 1 001 21105 1 691.07 $691.07 6/11/2009 1 85334 RICK BETACOURT PROF.SVCS-VIDEOGRAPHY 1 0014095 1 44000 1 524.00 $524.00 6/11/2009 1 85335 JOHN E BISHOP CONTRACT CLASS -SPRING 1 0015350 1 45320 1 828.00 $828.00 Page 1 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/11/2009 85336 BOY SCOUT TROOP 730 PROCEEDS -CITY B/DAY 0015350 42353 427.78 $427.78 6/11/2009 1 85337 BOY SCOUT TROOP 730 PROCEEDS -CITY B/DAY 1 0015350 1 42353 427781 $427.78 6/11/2009 1 85338 BOY SCOUT TROOP 777 PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427.78 $427.78 6111/2009 1 85339 BOY SCOUT TROOP 777 PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427781 $427.78 6/11/2009 1 85340 KATHY BREAUX CONTRACT CLASS -SPRING 1 0015350 1 45320 1 276.00 $276.00 6/11/2009 1 85341 BURGER CONTINENTAL FOOD -SR SWING DANCE 0015350 45300 928.63 $928.63 6/11/2009 85342 BILLY CAGANAP FACILITY REFUND -HERITAGE 001 23002 200.00 $200.00 6/11/2009 85343 CAPIO MEMBERSHIP DUES-P/INFO 1 0014095 1 42315 1 525.00 $525.00 6/11/2009 85344 OBDULIA CASE FACILITY REFUND -HERITAGE 001 23002 200 00 $200.00 6/11/2009 1 85345 CAYETANO'S HOME FOR CHILDREN PROCEEDS -CITY B/DAY 0015350 1 42353 1 427.78 $427.78 6/11/2009 1 85346 CENTER ICE SKATING ARENA CONTRACT CLASS -SPRING 0015350 1 45320 1 114.00 $114.00 6/1112009 85347 CENTRAL POWDER COATING SUPPLIES-SYC CYN PK 0015340 41200 508.95 $508.95 6/11/2009 1 85348 CHAPARRAL MIDDLE SCHOOL LEO CLUB PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 327781 $327.78 6/11/2009 1 85349 CHRISTIAN LIFE CENTER PROCEEDS -CITY B/DAY 1 0015350 42353 1 427.78 $427.78 6/11/2009 1 85350 CHRISTIAN LIFE CENTER PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427.78 $427.78 6/11/2009 1 85351 CHRISTIAN LIFE CENTER PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427781 $427.78 6/11/2009 1 85352 CHRISTIAN LIFE CENTER PROCEEDS -CITY B/DAY 0015350 42353 1 427.78 $427.78 6!11/2009 85353 CITY OF ANAHEIM EXCURSION -DAY CAMP 0015350 1 42410 1 579.00 $579.00 6/11/2009 85354 CONEXUS PUBLICATIONS -COM DEV 0015210 1 R44220 1 5,215.00 $5,215.00 Page 2 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Tota! Check Amount 6/11/2009 85355 CUB SCOUT PACK #737 PROCEEDS -CITY B/DAY 0015350 42353 1 327.78 $327.78 6/11/2009 1 85356 CUB SCOUT PACK #737 PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427.78 $427.78 6/11/2009 CAROL DENNIS PROF SVCS-SS/CC MTG 0014030 1 44000 300.00 6/11/2009 1 85357 CUB SCOUT PACK #737 PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 327.78 $327.78 6/11/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 88.34 6/11/2009 1 85358 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 0014095 1 42110 1 24 64 $24.64 6/11/2009 1 85359 DELTA CARE USA JUNE 09 -DENTAL PREMIUMS 001 21104 1 375.81 $375.81 6/11/2009 85360 CAROL DENNIS PROF SVCS -T & T MTG 0015510 44,100 125.00 $425.00 6/11/2009 CAROL DENNIS PROF SVCS-SS/CC MTG 0014030 1 44000 300.00 6/11/2009 1 85361 DIAMOND BAR AAUW PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 327.781 $327.78 6/11/2009 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0015310 42200 148.87 6/11/2009 1 85362 DIAMOND BAR BREAKFAST LIONS PROCEEDS -CITY B/DAY 0015350 1 42353 1 327.78 $327.78 6/11/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 88.34 6/11/2009 1 85363 DIAMOND BAR CHINESE AMERICAN ASSN AD -ANNUAL GALA 616 0114010 42355 150.00 $150.00 6/11/2009 1 85364 DIAMOND BAR COMMUNITY PRE SCHOOL PROCEEDS -CITY B/DAY 0015350 1 42353 1 327.78 $327.78 6/11/2009 85365 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 12.99 $274.18 6/11/2009 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0015310 42200 148.87 6/11/2009 85367 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 23.98 $155.00 6/11/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 88.34 6/11/2009 1 85366 DIAMOND BAR HIGH SCH LEO CLUB PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 42718 $42778 6/11/2009 1 85367 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -4 CORNERS 1 0014090 1 42325 1 155,00 $155.00 6/11/2009 1 85368 DIAMOND BAR REPUBLICAN WOMEN PROCEEDS -CITY B/DAY 0015350 42353 1 427.78 $427.78 6/1112009 1 85369 DIAMOND BAR SENIOR CITIZENS CLUB PROCEEDS -CITY B/DAY 0015350 1 42353 1 327.78 $327.78 6/11/2009 1 85370 DIAMOND BAR WOMANS CLUB PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 327.78 $327.78 6/11/2009 1 85371 DIAMOND RANCH HIGH SCHOOL COMM ORG FUND-FTBALL PGM 1 0114010 1 42355 1 300.00 $300.00 Page 3 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Despription Fund/ Dept Acct # Amount Total Check Amount 6/11/2009 1 85372 DIVERSIFIED PRINTERS PRINT SVCS -CITY NEWS JUN 0014095 44000 3,152.93 $3,152.93 6/11!2009 85373 DMS CONSULTANTS CIVIL ENGINEERS INC ST IMPROVEMNTS-GRAND 2505510 1 R46411 1 4,183.00 $4,183.00 6/11/2009 EVERGREEN INTERIORS PLANT SVCS-D/B LIBRARY 0014090 42210 107.00 6/11/2009 1 85374 DOG DEALERS INC CONTRACT CLASS -SPRING 0015350 1 45320 1 207.00 $207.00 6/11/2009 1 85375 DRESS DRESS REVOLUTION I PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427.78 $427.78 6/11/2009 1 85376 ANNETTE DRUMONDE FACILITY REFUND-PANTERA 1 001 1 23002 1 100.00 $100.00 6/11/2009 85377 EVERGREEN INTERIORS PLANT SVCS -CITY HALL MAY 0014090 42210 230.00 $457.00 6/11/2009 EVERGREEN INTERIORS PLANT SVCS-D/B LIBRARY 0014090 42210 107.00 6/11/2009 85380 EVERGREEN INTERIORS PLANT SVCS-D/B LIBRARY 0014090 42210 120.00 $79.79 6111/2009 85378 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 10,748.06 $26,502.88 6/11/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 6/11/2009 85380 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 $79.79 6/11/2009 1 85379 EXTERMINETICS OF SO CAL INC FIRE ANT REMOVAL -HERITAGE 1 0015340 1 42210 1 125.00 $125.00 6/11/2009 85380 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 1 79.79 $79.79 6/11/2009 1 85381 FEHR & PEERS TRFFC ENG -SR 57/60 JAN 1165510 44000 8,645.09 $8,645.09 6/11/2009 1 85382 DAVID FERNANDEZ CONTRACT CLASS -SPRING 0015350 1 45320 1 999.00 $999.00 6/11/2009 1 85383 FIRST FILIPINO PRESBYTERIAN CHURCH FACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 6/1112009 1 85384 ESPERANZA FLORES CONTRACT CLASS -SPRING 0015350 1 45320 1 810.00 $810.00 6/1112009 1 85385 DANIEL GARCIA ICONTRACT CLASS -SPRING 0015350 1 45320 1 1,311.00 $1,311.00 6/11/2009 1 85386 GIRL SCOUT TROOP 495 PROCEEDS -CITY B/DAY 0015350 1 42353 1 427.78 $427.78 6/1112009 1 85387 IGIRL SCOUT TROOP 495 PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 327.78 $327.78 6/11/2009 1 85388 JELIZABETH GONZALES RECREATION REFUND 1 001 1 34720 1 32.00 $32.00 Page 4 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ DeptAcct # L44030 Amount Total Check Amount 6/11/2009 85389 GOVPARTNER REQUEST PARTNER -JUN 0014070 JISALES SALES TAX INFO SVCS -2ND 1 85000 $850.00 6/1112009 85390 IGRAND MOBIL IVEH MAINT-COMM SVCS 1 0015310 1 42310 1 8.65 $8.65 6!11/2009 85391 HINDERLITER, DE LLAMAS & ASSOCIATES TAX AUDIT -4TH QTR 0014090 44010 4,106 55 $5,006.55 6/11/2009 HINDERLITER, DE LLAMAS &ASSOCIATES JISALES SALES TAX INFO SVCS -2ND 0014090 44010 900 00 6/11/2009 85392 KEVIN HOUSE IT & T COMM -MAY 14 1 0015510 1 44100 1 45001 $45.00 6/11/2009 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV MAY 0014020 44020 35.60 6/11/2009 85393 INLAND EMPIRE MAGAZINE AD -JUNE DBC 0014095 1 42115 1 1,295001 $1,295.00 6/11/2009 85394 JENKINS & HOGIN, LLP LEGAL SVCS -MAY 09 0014020 44020 2,776.80 $9,168.60 6/11/2009 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV MAY 0014020 44020 35.60 6/11/2009 85396 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS MAY 0014020 44020 5500 $136.00 6/11/2009 JENKINS & HOGIN, LLP LEGAL SVCS-PiWORKS MAY 0014020 44020 6,301 20 6/11/2009 1 85395 JUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN -APR 09 0014411 1 45405 1 595201 $595.20 6/11/2009 KENS HARDWARE SUPPLIES -DBC 0015333 41200 144.65 6/11/2009 1 85396 IKENNETH L DESFORGES REIMB-CISCO CONF 1 0014070 1 42330 1 136.00 $136.00 6/11/2009 85397 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 138.57 $378.02 6/11/2009 KENS HARDWARE SUPPLIES -DBC 0015333 41200 144.65 6/11/2009 85399 KENS HARDWARE SUPPLIES -RECREATION 0015350 41200 52.35 $498.00 6/11/2009 KENS HARDWARE EQ MAINT-COMM SCVS 0015310 42200 42.45 6/11/2009 1 85398 jKIDZ LOVE SOCCER CONTRACT CLASS -SPRING 1 0015350 1 45320 1 1,674.00 $1,674.00 6/11/2009 1 85399 IYOUNG SEUNG KIM CONTRACT CLASS -SPRING 1 0015350 1 45320 1 498.001 $498.00 6/11/2009 1 85400 IGABRIELA KLEIN CONTRACT CLASS -SPRING 1 0015350 1 45320 1 1,452.001 $1,452.00 6111/2009 1 85401 ILAE ASSOCIATES INC PROF.SVCS-ENGINEERING 0015551 1 45222 3,855.00 $3,855.00 6/11/2009 1 85402 LANDS' END BUSINESS OUTFITTERS SUPPLIES-NGHBRHD IMP 0015230 1 41200 1 327.391 $327.39 6/11/2009 1 85403 ILEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 1 42113 1 19.671 $19.67 Page 5 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/11/2009 85404 LIANA PINCHER T & T COMM -MAY 14 0015510 44100 1 45.00 $45.00 6/1112009 85407 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 34430 -136.80 $11,92250 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-337 001 23010 136.80 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 34430 -51.30 6/1112009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 23010 51.30 6/1112009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-254 001 34430 -17.10 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-254 001 23010 17.10 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-347 001 34430 -51.30 6/1112009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-347 001 23010 51.30 6/1112009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 34430 -25.65 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 25.65 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 34430 -128.25 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 23010 128.25 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-321 001 34430 -51.30 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-321 001 23010 51.30 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-340 001 34430 -316.35 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-340 001 23010 316.35 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -17.10 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 17.10 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-65 001 34430 -34.20 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-65 001 23010 34.20 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-63 001 23010 -85.50 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-63 001 34430 85.50 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 34430 -162.45 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 23010 162.45 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 34430 -34.20 6/11/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 23010 34.20 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-341 001 23010 17.10 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-341 001 34430 -17.10 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG 0015210 44250 5,367.50 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-09 001 23010 190.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-337 001 23010 760.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-63 001 23010 475.00 6/11/2009 ILILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-147 1 001 23010 902.50 Page 6 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct.# Amount Total Check Amount 6/11/2009 85407.. LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 95.00 $11,922.50 ... 6/11/2009 85412 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-65 001 23010 190.00 $205.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-340 001 23010 1,75750 6/11/2009 85413 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-321 001 23010 285.00 $60.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-341 001 23010 9500 6/11/2009 85414 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 142.50 $200.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-259 001 23010 712.50 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG 0015210 44250 285.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-347 001 23010 285.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-345 001 23010 285.00 6/11/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-254 1 001 23010 95.00 6/11/2009 1 85408 IJIMMY LIN IT & T COMM -MAY 14 0015510 1 44100 1 45.001 $45.00 6/11/2009 1 85409 DORA LONYAI ICONTRACT CLASS -SPRING 0015350 1 45320 1 421.201 $421.20 611112009 85410 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-APR 09 0015340 42210 144.85 $2,579.33 6/1112009 1 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -JAN 0015510 45530 1,284.54 6/1112009 85412 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -FEB 0015510 45530 1,149.94 $205.00 6/11/2009 1 85411 ILOS ANGELES COUNTY SHERIFF'S DEPT. ISTAR DEPUTY SVCS -MAY 09 0014411 1 45401 9,245.71 $9,245.71 6/1112009 1 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -LIGHT BULB 11155515 44000 1 544.06 6/11/2009 1 85412 JEMMA MA IRECREATION REFUND 1 001 1 34760 1 205.00 $205.00 6/1112009 1 85413 IWENDY MARINOFF IRECREATION REFUND 001 1 34780 1 60.001 $60.00 6/11/2009 1 85414 ICAROL MARTINDALE IFACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 6/11/2009 85415 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BATTERIES 1155515 44000 34.30 $578.36 6/1112009 1 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -LIGHT BULB 11155515 44000 1 544.06 6/11/2009 1 85416 MENDY MIAO IRECREATION REFUND 1 001 1 34760 1 205.001 $205.00 6/11/2009 85417 MICHAEL BRANDMAN ASSOCIATES INC. PROF.SVCS-NFL STADIUM 0014090 44000 5,000.00 $6,700.00 6/11/2009 MICHAEL BRANDMAN ASSOCIATES INC. 1PROF.SVCS-NFL STADIUM 0014090 44000 1,700.00 Page 7 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/11/2009 6/11/2009 85418 MINUTEMAN PRESS R & D BLUEPRINT MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-PJWORKS PRINT SVCS-P/WORKS 0015510 0015510 42110 42110 79.50 1 83.36 $16286 6/11/2009 1 85419 IKENNETH MOK IT & T COMM -MAY 14 0015510 1 44100 1 45.00 $45.00 6/11/2009 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 22.83 6/11/2009 1 85420 IPATRICK MONTOYA ICONTRACT CLASS -SPRING 0015350 1 45320 1 87.001 $87.00 6/1112009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 96.08 6/11/2009 1 85421 IMT CALVARY LUTHERAN CHURCH & SCHOOL PROCEEDS -CITY B/DAY 0015350 1 42353 1 327.78 $32778 6/11/2009 85422 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 17.11 $2,690.83 6/11/2009 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 22.83 611112009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 166.28 6/1112009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 96.08 6/11/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 69.30 6111/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 249.40 6/11/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 36.64 6/11/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 33.98 611112009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 180.37 6/1112009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 279.88 6/11/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 249.40 6/11/2009 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 62.43 6/11/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 9.54 6/1112009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 9.54 6/1112009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 184.24 6/1112009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 297.99 6/11/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 384.85 6/11/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 19.63 6/11/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 18.70 6/11/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 179.41 6/11/2009 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 56.36 6/1112009 OFFICEMAX INC SUPPLIES-P/WORKS 1 0015510 1 41200 66.87 6/11/2009 85423 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $24,770.82 6/11/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,759.79 6/1112009 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,964.53 Page 8 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/11/2009 6/1112009 85424 PROTECTION ONE INC PROTECTION ONE INC ALARM SVCS -DBC ALARM SVCS -HERITAGE 0015333 0015340 42210 42210 52.50 78.50 $131.00 6/11/2009 1 85425 IMOHAMAD R JAHANVASH PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427.781 $427.78 6/11/2009 85426 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 10.00 $20.00 6/11/2009 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 10.00 6/1112009 85428 REGIONAL CHAMBER OF COMMERCE MTG-CMGR 0014010 42325 1000 $40.00 6/1112009 REGIONAL CHAMBER OF COMMERCE MEMO CREDIT -EVENT COUPON 0014010 42325 -1000 6/11/2009 1 85427 REINBERGER PRINTWERKS IPRINT SUPPLIES -LETTERHEAD 1 0014090 1 42110 1 86.31 $86.31 611112009 SIMPSON ADVERTISING INC DESIGN SVCS -AD DBC 0014095 44000 900.35 6/11/2009 1 85428 RIO HONDO COLLEGE TRNG-R FREIHOLTZ 1 0015230 1 42340 1 40.00 $40.00 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 30.95 6/11/2009 85429 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 554.63 $554.63 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 431.64 6/11/200985430 SECTRAN SECURITY INC. COURIER SVCS -JUN 09 0014090 44000 299.73 $299.73 6/11/2009 SOUTHERN CALIFORNIA EDISON JELECT SVCS -DIST 41 1 1415541 42126 1 130.38 6/11/2009 85431 MICHAEL SHAY IT & T COMM -MAY 14 0015510 1 44100 1 45.00 $45.00 6/11/2009 1 85432 IJERRYL LYNN SHORT CONTRACT CLASS -SPRING 1 0015350 1 45320 1 1,450.801 $1,450.80 6/11/2009 85433 SIMPSON ADVERTISING INC DESIGN SVCS -DBC 0014095 44000 485.98 $3,401.33 611112009 SIMPSON ADVERTISING INC DESIGN SVCS -AD DBC 0014095 44000 900.35 6/11/2009 SIMPSON ADVERTISING INC GRAPHIC DESIGN -CITY NEWS 0014095 44000 2,015.00 6/11/2009 85434 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 39.04 $4,790.15 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 8.73 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 222.79 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 30.95 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 3,544.54 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 431.64 6/11/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 382.08 6/11/2009 SOUTHERN CALIFORNIA EDISON JELECT SVCS -DIST 41 1 1415541 42126 1 130.38 6/11/2009 1 85435 ISPARKLETTS SUPPLIES -WATER C/HALL 1 0014090 1 41200 1 182.301 $193.05 Page 9 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/1112009 1 85435... SPARKLETTS EQ RENTAL -MAY 09 0014090 42130 1 10.75 $193.05 ... 6/1112009 1 85436 ST DENIS ITALIAN CATHOLIC FEDERATIO PROCEEDS -CITY B/DAY 0015350 1 42353 1 327.78 $32778 6/11/2009 �US US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 42345 785.00 6/11/2009 1 85437 ST DENIS KNIGHTS OF COLUMBUS PROCEEDS -CITY B/DAY 0015350 1 42353 1 427.78 $427.78 6/11/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 87.93 6/11/2009 1 85438 CHERISSE SURIO FACILITY REFUND -HERITAGE 001 23002 1 200 00 $200.00 6/1112009 1 85439 DARREN TAN FACILITY REFUND -HERITAGE 001 23002 1 200.00 $200.00 6/11/2009 1 85440 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS-SJUN 0014070 1 44030 1 924.75 $924.75 6/11/2009 1 85441 TENNIS ANYONE CONTRACT CLASS -SPRING 0015350 1 45320 1 5,086.60 $5,086.60 6/11/2009 1 85442 THEATHAIS FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 6/11/2009 1 85443 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -AREA 5 ST MAINT 1 2505510 1 46411 1 158.00 $158.00 6/11/2009 85444 THE WHOLE ENCHILADA INC MTG SUPPLIES-CNCL 0014090 42325 264.42 $264.42 6/11/2009 1 85445 TIME WARNER INTERNET SVCS -1 T. 0014070 1 44030 1 252.60 $252.60 6/11/2009 1 85446 TOGETHER WE RISE PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 427.78 $427.78 6/11/2009 1 85447 UCN INC LONG DIST SVCS -MAY 09 1 0014090 1 42125 1 52901 $52.90 6/11/2009 85448 HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 42345 471.00 $1,256.00 6/11/2009 �US US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 42345 785.00 6/11/2009 1 85449 VANTAGEPOINT TRNSFR AGNTS-303248 6/12/09-P/R DEDUCTIONS 1 001 1 21108 1 26,088.87 $26,088.87 6/11/2009 85450 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 89.26 $581.17 6/11/2009 VERIZON CALIFORNIA PH.SVCS-REAGAN 0015340 42125 87.93 6/11/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 257.06 6/11/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 87.93 6/11/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 58.99 Page 10 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/11/2009 1 85451 WALNUT VALLEY ROTARY PROCEEDS -CITY B/DAY 0015350 42353 327.78 $327.78 6/11/2009 85452 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 9,132.83 $29,224.42 6/11/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 2,876.65 6/11/2009 85454 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 2,276.19 $2,100.00 6/11/2009 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 14,637.82 6/11/2009 85460 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 300.93 $327.78 6/11/2009 1 85453 WALNUT VALLEY WATER DISTRICT UTILITIES-EASTGATE SITE 0014440 1 42126 1 39.78 $39.78 6/1112009 WEST COAST ARBORISTS INC WATERING SVCS -APR 09 0015558 45510 670.00 6/11!2009 85454 WARREN SIECKE PROF.SVCS-TRAFFIC 1 0015510 1 45221 1 2,100.00 $2,100.00 6/11/2009 85455 WEST COAST ARBORISTS INC TREE MAINT-APR 09 0015558 45509 12,182.25 $13,522.25 6/1112009 WEST COAST ARBORISTS INC WATERING SVCS -APR 09 0015558 45510 670.00 6/11/2009 85459 WEST COAST ARBORISTS INC WATERING SVCS -MAY 09 0015558 45510 670.00 $250.00 6/1112009 85456 WEST COAST MEDIA FF JUN DBC 0014095 1 42115 1 504.00 $504.00 6/11/2009 1 85457 IWILLDAN GEOTECHNICAL PROF.SVCS-GEOTECH MAY 0015510 1 45221 3,580.00 $4,675.00 6/11/2009 WILLDAN GEOTECHNICAL PROF.SVCS-GEOTECH MAY 0015510 45221 1,095.00 6/11/2009 1 85458 PAUL WRIGHT A/V SVCS-CNCL MTG 1 0014090 1 44000 1 122.50 $122.50 6/18/2009 ADVANTEC CONSULTING ENGINEERS INC CITYWIDE SIGNAL -APR 09 1135553 44000 1,794.57 6/11/2009 1 85459 CAROL WU RECREATION REFUND 1 001 1 34780 1 250.00 $250.00 6/11/2009 1 85460 YMCA INDIAN PRINCESSES PROCEEDS -CITY B/DAY 1 0015350 1 42353 1 327.78 $327.78 6/18/2009 85461 ADVANTEC CONSULTING ENGINEERS INC TRAFFIC MGMT.SYS-JAN 09 0015510 R44000 990.00 $4,074.57 6/18/2009 ADVANTEC CONSULTING ENGINEERS INC CITYWIDE SIGNAL -APR 09 1135553 44000 1,794.57 6/18/2009 85464 ADVANTEC CONSULTING ENGINEERS INC CITYWIDE SIGNAL -MAY 09 1135553 44000 1,290.00 $9500 6/18/2009 85462 ALBERTSONS SUPPLIES -RECREATION 0015350 41200 44.52 $64.71 6/18/2009 ALBERTSONS SUPPLIES-DB4 YOUTH 0015350 41200 20.19 6/18/2009 1 85463 AMERICOMP GROUP INC COMP SUPPLIES-I.T. 1 0014070 1 45000 1 539.68 $539.68 6/18/2009 1 85464 SAMIA ATEIA RECREATION REFUND 001 34780 1 95.00 $9500 Page 11 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 85465 NOMAAN BAIG FACILITY REFUND -DBC 001 23002 800.00 $77450 6/18/2009 1 NOMAAN BAIG STAFF CHARGES -DBC 001 36615 -25.50 6/18/2009 1 85466 IMAYRA BEDOLLA IRECREATION REFUND 1 001 1 34780 1 60-001 $60.00 6/1812009 1 IBELMONT BLACK STAFF CHARGES -DBC 001 1 36615 1 -51.00 6/18/2009 1 85467 JANN BIASETTI IRECREATION REFUND 1 001 1 34780 1 65.001 $65.00 6/18/2009 1 85468 BELMONT BLACK FACILITY REFUND -DBC 001 23002 500.00 $449.00 6/1812009 1 IBELMONT BLACK STAFF CHARGES -DBC 001 1 36615 1 -51.00 6/18/2009 1 85469 IMARGEAN BURG IRECREATION REFUND 001 34780 6000 $60.00 6/1812009 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 58.27 6/18/2009 1 85470 ICALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 1 41200 1 181.251 $181.25 6/18/2009 CDW GOVERNMENT INC. COMP EQ -13. 0014070 46230 801.90 6/18/2009 1 85471 ICATHY CALLEN IRECREATION REFUND 001 1 34780 1 58.001 $58.00 6/18/2009 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 4,106.33 6/18/2009 1 85472 ICASTLE PARK EXCURSION -RECREATION 1 0015350 1 42410 1 1,135.061 $1,135.06 6/18/2009 85473 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 36.82 5153.36 6/1812009 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 58.27 6/18/2009 85476 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 58.27 $50.00 6/18/2009 85474 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 80.27 $9,099.33 6/18/2009 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46235 3,482.27 6/18/2009 85476 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 60.09 $50.00 6/18/2009 CDW GOVERNMENT INC. COMP EQ -13. 0014070 46230 801.90 6/1812009 85477 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 439.47 $350.00 6/18/2009 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46230 4,106.33 6/1812009 CDW GOVERNMENT INC. ICOMP EQ-I.T. 0014070 1 46230 129.00 6/18/2009 1 85475 JAUTAR CHAHAL IFACILITY REFUND -DBC 001 23002 1 500.001 $500.00 6/18/2009 1 85476 XIANGXU CHEN FACILITY REFUND-REAGAN 1 001 23002 1 50.00 $50.00 6/18/2009 1 85477 IVICK1 CHIA IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 Page 12 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 85478 STACY CHIEN RECREATION REFUND 001 34760 317.00$317.00 46420 6/18/2009 1 85479 KATHERINE CROKER FACILITY REFUND-REAGAN 001 23002 50 00 $50.00 6/18/2009 DMS CONSULTANTS CIVIL ENGINEERS INC LANDSCAPE PROJ-PATHFINDER 2505510 46420 2,200.00 6/18/2009 1 85480 DAVID J. GRUNDY I P & R COMM -5/28 0015350 44100 45.00 $45.00 6/18/2009 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -SUNSET 2505510 46412 7,207.50 6/18/2009 1 85481 CAROL DENNIS PROF.SVCS-P&R MTG 0015310 44000 75.00 $75.00 6/18/2009 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -SUNSET 2505510 46412 15,077.50 6/18/2009 1 85482 DEPARTMENT OF JUSTICE FINGERPRINTING -HIR 0014060 42345 194.00 $194.00 6/18/2009 1 85483 DIAMOND BAR HIGH SCHOOL FACILITY REFUND -DBC 001 23002 500.00 $500.00 6/18/2009 1 85484 DIAMOND BAR HIGH SCH LEO CLUB FACILITY REFUND-PANTERA 001 23002 25001 $25.00 6/18/2009 1 85485 DISCOUNT SCHOOL SUPPLY SUPPLIES -DAY CAMP 0015350 1 41200 86381 $86.38 6/18/2009 85486 DMS CONSULTANTS CIVIL ENGINEERS INC LANDSCAPE PROJ-PATHFINDER 2505510 46420 1,686.25 $55,028.75 6/18/2009 DMS CONSULTANTS CIVIL ENGINEERS INC LANDSCAPE PROJ-PATHFINDER 2505510 46420 2,200.00 6/18/2009 85488 DMS CONSULTANTS CIVIL ENGINEERS INC LANDSCAPE PROJ-PATHFINDER 2505510 46420 807.50 $330.00 6/18/2009 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -SUNSET 2505510 46412 7,207.50 6/18/2009 85489 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -SUNSET 2505510 46412 12,510.00 $136.80 6/18/2009 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -SUNSET 2505510 46412 15,077.50 6/18/2009 1 1DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -SUNSET 2505510 1 46412 15,540.00 $246.00 6/18/2009 1 85487 NICOLE DURAN FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 6/18/2009 1 85488 EDUCATION TO GO CONTRACT CLASS -SPRING 0015350 1 45320 1 330.00 $330.00 6/18/2009 1 85489 FARONICS TECHNOLOGIES USA INC COMP MAINT-I.T. 0014070 42205 136.80 $136.80 6/18/2009 1 85490 SONIA FERGUSON RECREATION REFUND 001 1 34780 246.00 $246.00 6/18/2009 1 85491 FIRST FILIPINO PRESBYTERIAN CHURCH FACILITY REFUND-PANTERA 001 1 23002 50.00 $50.00 6/18/2009 1 85492 GREG FLORES FACILITY REFUND-SYC CYN 001 1 23002 50.001 $50.00 6/18/2009 1 85493 GO LIVE TECHNOLOGY INC ICITY VIEW PROJ-WK 6/12 1 23005 1 3,000.00 $3,000.00 Page 13 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 6/18/2009 85496 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 23012 842.03 Check Date Check Number Vendor Name HALL & FOREMAN, INC. Transaction Description 001 Fund/ Dept Acct # I Amount I Total Check Amount 85500 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 23012 218.51 $898.00 $350.00 6/18/2009 85494 LOURBETH GOMEZ IFACILITY REFUND -DBC 001 1 23002 1 350,001 6/18/2009 85501 HALL & FOREMAN, INC. PROF.SVCS-EN 08-608 001 23012 6/18/2009 85495 ROXANNE GUTIERREZ IFACILITY REFUND -DBC 001 1 23002 1 350.001 $350.00 6/18/2009 85496 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 23012 842.03 $10,605.40 6/18/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 34650 -842.03 6/18/2009 85500 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 23012 218.51 $898.00 6/18/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 34650 -218.51 6/18/2009 85501 HALL & FOREMAN, INC. PROF.SVCS-EN 08-608 001 23012 8,420.28 $6,603.00 6/18/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 08-60B 001 23012 2,185.12 6/18/2009 85497 HARDY & HARPER INC SIDEWALK MAINT-PALOMINO 0015554 45506 16,313.40 $77,486.40 6/18/2009 HARDY & HARPER INC SIDEWALK MAINT-PALOMINO 0015554 45504 1 61,173.00 6/18/2009 85498 RAQUEL HERNANDEZ FACILITY REFUND -SYS CYN 001 23002 50.00 $70.00 6/1812009 RAQUEL HERNANDEZ FACILITY REFUND-SYC CYN 001 36625 20.00 6/18/2009 85499 ILEW HERNDON IP & R COMM -5/28 1 0015350 1 44100 1 45.001 $45.00 6/18/2009 1 JGLORIA GLORIA JARBOE FACILITY REFUND -DBC 001 36615 -39.00 6/18/2009 85500 HEWLETT PACKARD COMPANY COMP EO-I.T. 0014070 46230 898.00 $898.00 6/18/2009 1 85501 HP EXPRESS SERVICES 1HARDWARE MAINT-I.T. 1 0014070 1 42205 1 6,603.001 $6,603.00 6/18/2009 1 85502 JINLAND EMPIRE STAGES TRANSPORTATION -CASINO 11125350 1 45310 1 1,316.251 $1,316.25 6/18/2009 1 85503 JINLAND VALLEY DAILY BULLETIN ILEGAL AD -AREA 5 ST MAI NT 1 2505510 1 46411 1 145.001 $145.00 6/18/2009 85504 JARBOE FACILITY REFUND -DBC 001 23002 500.00 $461.00 6/18/2009 1 JGLORIA GLORIA JARBOE FACILITY REFUND -DBC 001 36615 -39.00 6/18/2009 1 85505 JIN KIM DDS IFACILITY REFUND -DBC 1 23002 1 100.00 $100.00 6/18/2009 1 85506 JOHN'S INCREDIBLE PIZZA COMPANY EXCURSION -DAY CAMP 1 0015350 1 42410 1 1,243.551 $1,243.55 6/18/2009 85507 AHMAD KAHIL RECREATION REFUND 001 36615 400.00 $400.00 Page 14 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 85508 KENNETH L DESFORGES TUITION REIMB-IT 210 0014060 42341 453.99 $453.99 6/18/2009 1 85509 CHARLES KIM RECREATION REFUND 1 001 34780 85.001 $85.00 6/18/2009 1 85510 NANCY KIM FACILITY REFUND -DBC 1 001 1 23002 1 550.00 $550.00 6/18/2009 85511 KATHLEEN LAUREL FACILITY REFUND -DBC 001 23002 200.00 $275.00 6/18/2009 85516 KATHLEEN LAUREL IFACILITY REFUND -DBC 001 36615 75.00 $400.00 6/18/2009 85512 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 121.68 $144.08 6/18/2009 85516 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 22.40 $400.00 6/18/2009 1 85513 ILOS ANGELES COUNTY PUBLIC WORKS ITRAFFIC SIGNAL MAINT-APR 0015554 1 45507 1 383.04 $383.04 6/18/2009 85514 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -MAY 09 0014411 45401 408,022.23 $415,934.62 6/18/2009 85516 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -MAY 09 1 0014411 45402 1 7,912.39 $400.00 6/18/2009 1 85515 LOS ANGELES SIGNAL CONSTRUCTION DEP REFUND -EN 08-614 1 001 23012 1 6,195.00 $6,195.00 6/18/2009 85516 JAMYLOU FACILITY REFUND -DBC 001 36615 400.00 $400.00 6/18/2009 MCE CORPORATION STORM DRAIN MAINT-MAY 0015554 45512 59.46 6/18/2009 1 85517 ART MAEDA RECREATION REFUND 001 34780 1 91.00 $91.00 6/18/2009 85518 MCE CORPORATION ROAD MAINT-MAY 0015554 45502 8,005.11 $17,763.58 6/18/2009 85522 MCE CORPORATION RIGHT-OF-WAY MAINT-MAY 0015554 45522 1,550.18 $400.00 6/18/2009 MCE CORPORATION STORM DRAIN MAINT-MAY 0015554 45512 59.46 6/18/2009 MCE CORPORATION VEGETATION CONTROL -MAY 0015558 45508 8,148.83 6/18/2009 1 85519 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BULBS 1155515 1 44000 1 634.82 $634.82 6/18/2009 85520 MINI OF MONROVIA 2 BMW MINI ELECTRIC VEH 0014090 42130 254.36 $0.00 6/18/2009 85522 MINI OF MONROVIA 2 BMW MINI ELECTRIC VEH 0014090 42130 254.36 $400.00 6/18/2009 1 85521 MICHELLE MYERS IFACILITY REFUND -HERITAGE 001 23002 50.00 $50.00 6/18/2009 1 85522 NATIONAL COMEDY THEATRE EXCURSION -DAY CAMP 1 0015350 42410 400.00 $400.00 Page 15 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 85523 NORRIS REPKE INC SLURRY SEAL PROJ-APR 2505510 46411 1 5,342.50 $5,342.50 6/18/2009 1 85524 JOAK TREE LANES INC EXCURSION -DAY CAMP 1 0015350 1 42410 1 420.001 $420.00 6/18/2009 85525 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 242.69 $346.00 6/18/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 11.05 6/18/2009 85528 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 48.65 $45.00 6/18/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 43.61 6/18/2009 85526 OLYMPIC STAFFING SERVICES TEMP SVCS -COMM SVCS 0015310 44000 635.52 $1,271.04 6/18/2009 OLYMPIC STAFFING SERVICES TEMP SVCS -COMM SVCSWK 6/7 0015310 44000 63552 6/18/2009 85527 JORANGE COUNTY ROPES COURSE EXCURSION -DAY CAMP 0015350 1 42410 1 1,000.00 $1,000.00 6/18/2009 KANU PATEL FACILITY REFUND -DBC 001 23002 500.00 6/18/2009 85528 TED OWENS P & R COMM -5/28 0015350 1 44100 1 45.001 $45.00 6/18/2009 85529 KANU PATEL FACILITY REFUND -DBC 001 23002 100.00 $400.00 6/18/2009 KANU PATEL FACILITY REFUND -DBC 001 23002 500.00 6/18/2009 85532 KANU PATEL ADDL STAFF TIME -DBC 001 36615 -200.00 6/18/2009 85530 POUK & STEINLE INC RETENTION PAYMENT 250 20300 17,040.00 $23,736.74 6/18/2009 POUK & STEINLE INC RETENTION PAYABLE 250 20300 -775.00 6/18/2009 85532 POUK & STEINLE INC MEMO CREDIT 2505510 46412 -278.26 6/18/2009 POUK & STEINLE INC TRFFC SIGNAL MODIFCTN 2505510 R46412 7,750.00 6/18/2009 1 85531 IMELANIE PRITCHETT RECREATION REFUND 1 001 1 34780 1 25.00 $25.00 6/18/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-OCT 0015554 45507 3,915.00 6/18/2009 1 85532 IR F DICKSON COMPANY ST SWEEPING SVCS -MAY 1 0015554 1 45501 1 9,864.091$9,864.09 6/18/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-FEB 0015554 45507 4,035.00 6/18/2009 1 85533 CATHERINE REAL IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 6/18/2009 85534 REPUBLIC ELECTRIC PROF.SVCS-EN 08-623 001 23012 850.00 $23,998.00 6/18/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-OCT 0015554 45507 3,915.00 6/18/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-OCT 0015554 45507 1,594.52 6/18/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-FEB 0015554 45507 4,035.00 6/18/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-FEB 0015554 45507 5,567.30 Page 16 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 6/18/2009 85534. REPUBLIC ELECTRIC REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-MAR TRFFC SIGNAL MAINT-MAR 0015554 0015554 45507 45507 4,035.00 4,001.18 $23,998.00 .. 6/18/2009 1 85535 JENNIFER RIVERA RECREATION REFUND I 001 34780 1 90.00 $90.00 6/18/2009 SMART & FINAL SUPPLIES -RECREATION 0015350 41200 84.30 6/18/2009 1 85536 RUTH M. LOW P & R COMM -5/28 1 0015350 1 44100 1 45.00 $45.00 6/18/2009 1 85537 S & S WORLDWIDE INC SUPPLIES -DAY CAMP 1 0015350 1 41200 1 722.61 $722.61 6/18/2009 1 85538 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 152.25 $152.25 6/18/2009 1 85539 EMCEL SCHLAG RECREATION REFUND 1 001 1 34780 1 167.00 $167.00 6/18/2009 1 85540 ANIL SHAH FACILITY REFUND 1 001 1 23002 1 700.00 $700.00 6/18/2009 1 85541 ISHRED IT LOS ANGELES DISPOSAL OF CITY FILES 1 0014030 1 44000 1 115.00 $115.00 6/18/2009 1 85542 SILVER STATE COACH INC EXCURSION -TRANSPORTATION 1 1125350 1 45310 1 831.06 $831.06 6/18!2009 1 85543 SIMPSON ADVERTISING INC SUPPLIES -RECYCLING 1 1155516 1 41200 1 592.30 $592.30 6/1812009 85544 SMART & FINAL SUPPLIES -EXCURSION 0015350 41200 49.79 $134.09 6/18/2009 SMART & FINAL SUPPLIES -RECREATION 0015350 41200 84.30 6/18/2009 1 85545 SO COAST AIR QUALITY MGT DISTRICT HOT SPOTS PROG FEE -08/09 1 0015333 1 42210 1 146.90 $146.90 6/18/2009 85546 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 18.56 $5,439.53 6/18/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1415541 42126 19.20 6/18/2009 85548 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 5,401.77 $110.00 6/18/2009 1 85547 SOUTHWEST SALES INC SUPPIES-DAY CAMP 1 0015350 41200 1 2,561.80 $2,561.80 6/18/2009 1 85548 STEVE AND GINA GOMEZ FACILITY REFUND-PANTERA 1 001 23002 110.00 $110.00 6/18/2009 85549 1 ROBERT SULLIVAN RECREATION REFUND 1 001 1 34780 1 65.00 $65.00 6/18/2009 85550 GARY TAM FACILITY REFUND-PANTERA 1 001 1 23002 1 200.00 $200.00 Page 17 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 6/18/2009 85551 THE COMDYN GROUP INC THE COMDYN GROUP INC PROF.SVCS-I.T. WK 6/5 PROF.SVCS-LT. WK 6/5 0014070 0014070 44000 44000 94080 812.50 $1,753.30 6/18/2009 1 85552 ITHOMAS CRAND AND TRUCKING CO., INC DEP REFUND -EN 08-615 001 1 23012 1 2,702 50 $2,702.50 6/18/2009 US BANK PHOTOGRAPHY-P/INFO 0014095 42112 6650 6/18/2009 1 85553 TOMARK SPORTS 4 PITCHING MACHINES-C/S 0015340 1 46250 1 10,440 68 $10,440.68 6/1812009 US BANK MTG SUPPLIES-P/WORKS 0015510 42325 4479 6/18/2009 85554 TRANSCORE LLC TRFFC MNGMNT SYS -APR 2505510 1 R46412 1 74,877 30 $74,877.30 6/18/2009 US BANK MAINT-COMM SVCS 0015340 42210 24700 6/1812009 85555 TERESA TSAI FACILITY REFUND -SYS CYN 1 001 1 23002 1 50.00 $50.00 6/1812009 85557 US BANK PROF SVCS-P/INFO 0014095 44000 119.00 $11,930.49 6/18/2009 US BANK PHOTOGRAPHY-P/INFO 0014095 42112 6650 6/18/2009 US BANK SUPPLIES-P/INFO 0014095 41200 225.86 6/1812009 US BANK MTG SUPPLIES-P/WORKS 0015510 42325 4479 6/18/2009 US BANK COMP MAINT-I T. 0014070 42205 995.00 6/18/2009 US BANK MAINT-COMM SVCS 0015340 42210 24700 6/18/2009 US BANK EQ MAINT-COMM SVCS 0015310 42200 712.06 6/18/2009 US BANK FUEL -COMM SVCS 0015310 42310 159.68 6/18/2009 US BANK FUEL -ROAD MAINT 0015554 42310 180.03 6/18/2009 US BANK SUPPLIES -ROAD MAINT 0015554 41250 571.21 6/18/2009 US BANK FUEL -COMM SVCS 0015310 42310 112.00 6/18/2009 US BANK RSA CONF-DESFORGES 0014070 42330 327.21 6/18/2009 US BANK PUBLICATIONS-I.T. 0014070 42320 45.00 6/18/2009 US BANK SUPPLIES-I.T. 0014070 41200 49.47 6/18/2009 US BANK MTG SUPPLIES-I.T. 0014070 42325 19820 6/18/2009 US BANK CACEO CONF-FLACKS 0015230 42330 33500 6/18/2009 US BANK MEMBERSHIP DUES -FLACKS 0015230 42315 75.00 6/18/2009 US BANK MTG SUPPLIES-PLNG COMM 0015210 42325 115.97 6/18/2009 US BANK SEMINAR -S MARQUEZ 0015210 42340 19900 6/18/2009 US BANK PUBLICATIONS -COMM DEV 0015210 42320 127.00 6/18/2009 US BANK SUPPLIES -RECREATION 0015350 41200 86.88 6/18/2009 US BANK VEH MAINT-NGHBRHD IMP 0015230 41200 553.31 6/18/2009 US BANK MTG SUPPLIES-H/R 0014060 42325 18.57 6/18/2009 US BANK MEMO CREDIT -DBC 0015333 41200 -14328 6/18/2009 US BANK SUPPLIES -RECREATION 0015350 41200 245.42 Page 18 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 85557. US BANK SUPPLIES -RECREATION 0015350 41200 86.22 $11,930 49 .. 6/1812009 US BANK EXCURSION -RECREATION 0015350 45310 583.98 6/18/2009 US BANK SUPPLIES -DBC 0015333 41200 138.50 6/18/2009 US BANK MTG-RECREATION 0015350 42330 51.15 6/1 81200 9 US BANK MTG-COUNCIL 0014010 42325 42.00 6/1812009 US BANK LEAGUE MTG-COUNCIL 0014010 42330 724.07 6/1812009 US BANK SCAG MTG-COUNCIL 0014010 42330 95.09 6/18/2009 US BANK LEAGUE MTG-COUNCIL 0014010 42330 279.20 6/1812009 US BANK SUPPLIES -COUNCIL 0014010 41200 95.34 6/18/2009 US BANK MTGS-COUNCIL 0014010 42325 79.51 6/18/2009 US BANK MTGS-CMGR 0014030 42325 68.67 6/1812009 US BANK CCCA CONF-CMGR 0014030 42330 410.47 6/18/2009 US BANK SUPPLIES -RECREATION 0015350 41200 575.28 6/1812009 US BANK CCCA MTG-COUNCIL 0014010 42330 584.97 6/1812009 US BANK MTG-COUNCIL 0014010 42325 42.00 6/1812009 US BANK FUEL -COMM SVCS 0015310 42310 168.50 6/18/2009 US BANK MTG-H/R 0014060 42325 93.37 6/18/2009 US BANK PUBLICATIONS-H/R 0014060 42320 74.00 6/18/2009 US BANK FUEL -COMM SVCS 0015310 42310 29.00 6/18/2009 US BANK FUEL -GENERAL 0014090 42310 340.00 6/18/2009 US BANK FUEL -GENERAL 0014090 42310 6.31 6/18/2009 US BANK FUEL -ROAD MAINT 0015554 42310 31.76 6/1812009 US BANK FUEL -COMM SVCS 0015310 42310 59.00 6/18/2009 US BANK FUEL -GENERAL 0014090 42310 20.00 6/18/2009 US BANK FUEL -COMM SVS 0015310 42310 213.06 6/18/2009 US BANK FUEL -COMM SVS 0015310 42310 67.20 6/1812009 US BANK FUEL -ROAD MAINT 0015554 42310 381.32 6/18/2009 US BANK FUEL-NGHBRHD IMP 0015230 42310 164.14 6/1812009 US BANK MTG SUPPLIES -GENERAL 0014090 42325 316.62 6/1812009 US BANK MTG SUPPLIES -COUNCIL 0014010 42325 20.48 6/18/2009 US BANK CCCA CONF-MCLEAN 0014030 42330 423.40 6/18/2009 1 85558 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 1 0014060 1 42345 1 235.00 $235.00 6/18/2009 1 85559 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PETERSON 0015340 1 42210 1 369.41 $1,067.45 Page 19 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/18/2009 85559.. VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-REAGAN PK 0015340 42210 295.23 $1,06745 ... 6/18/2009 85567 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-REAGAN 0015340 42210 115.97 $276.32 6/1 8120 09 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-SUMMTRDG 0015340 42210 286.84 6/18/2009 1 85560 VISION INTERNET PROVIDERS INC MONTHLY HOSTING -JUN 09 1 0014070 1 44030 1 150.00 $150.00 6/18(2009 85561 KIMMY MIU YIN WANG REFUND -EN 04-414 001 23012 541 97 $784.97 6/18!2009 IKIMMY MIU YIN WANG GRADING BOND REFUND 001 23001 24300 6/18(2009 1 85562 WARREN SIECKE TRFFC SGNL-INTERCNCT LINK 2505510 R46412 1 300.00 $300.00 6/1812009 85563 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 42.32 $691.55 6/18/2009 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 439.67 6/18/2009 85567 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE 0015340 42210 45.87 $276.32 6/18/2009 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE 0015340 42210 163.69 6/18/2009 1 85564 WELLDYNERX PROF.SVCS-SHARPS MAY 1 1155515 1 44000 1 190.60 $190.60 6/18/2009 1 85565 ANGELA YANG RECREATION REFUND 001 34780 86.00 $86.00 6/18/2009 1 85566 SUN Yl RECREATION REFUND 001 34780 1 20.00 $20.00 6/25/2009 ADVANTEC CONSULTING ENGINEERS INC ENG SVCS -APR 0015554 44520 310.00 6/24/2009 1 85567 MINI OF MONROVIA 2 BMW MINI ELECTRIC VEH 0014090 42130 276.32 $276.32 6/25/2009 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-634 001 23012 190.00 6/25/2009 85568 A AMERICAN SELF STORAGE STORAGE RENTAL-I.T. 0014070 46230 1 122.00 $122.00 6/25/2009 85569 ADVANTEC CONSULTING ENGINEERS INC TRFFC ENG SVCS -MAR �TRFIFC 0015554 44520 380.00 $1,790.00 6/25/2009 ADVANTEC CONSULTING ENGINEERS INC ENG SVCS -APR 0015554 44520 310.00 6/25/2009 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-639 001 23012 910.00 6/25/2009 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-634 001 23012 190.00 6/25/2009 1 85570 AZRAAHMEDI RECREATION REFUND 1 001 1 34780 1 112.00 $112.00 6/25/2009 1 85571 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -APR 0014411 1 45410 1,705,32 $9,734.54 6/25/2009 1 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -MAY 0014411 45410 8,029.22 6/25/2009 1 85572 AMERICOMP GROUP INC SUPPLIES -TONER 1 0014070 1 45000 1 478.52 $478.52 Page 20 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date j Check Number I Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 6/25/2009 1 85573 JAPRIL I BATSON REIMB-ADULT EXCURSION 10015350 1 45310 1 80.00 $80.00 6/25/2009 1 BEAR STATE AIR CONDITIONING SVCS IN MAINT-PANTERA 0015340 42210 85.00 6/25/2009 1 85574 IAT & T PH.SVCS-GENERAL 1 0014090 1 42125 1 29.361 $29.36 6/25/2009 85575 BEAR STATE AIR CONDITIONING SVCS IN MAINT-HERITAGE PK 0015340 42210 15500 $1,013.00 6/25/2009 1 BEAR STATE AIR CONDITIONING SVCS IN MAINT-PANTERA 0015340 42210 85.00 6/2512009 85579 BEAR STATE AIR CONDITIONING SVCS IN MONTHLY MAINT-DBC 0015333 45300 773.00 $500.00 6/25/2009 1 85576 IBENESYST 6/26/09-P/R DEDUCTIONS 001 121105 1 691.071 $691.07 6/25/2009 85577 BEST LIGHTING PRODUCTS MAINT-SYC CYN PK 0015340 42210 153.09 $1,229.24 6/25/2009 1 BEST LIGHTING PRODUCTS MAINT-HERITAGE PK 0015340 42210 112.69 6/25/2009 85579 BEST LIGHTING PRODUCTS MAINT-DBC 0015333 42210 533.56 $500.00 6/25/2009 BEST LIGHTING PRODUCTS SUPPLIES-REAGAN PK 0015340 42210 155.80 6!2512009 85580 BEST LIGHTING PRODUCTS SUPPLIES-LORBEER SCH 0015340 45300 274.10 $153.00 6/25/2009 1 85578 IKATHY BREAUX ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 27.601 $27.60 6/25/2009 1 1CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41300 1 49.12 6/25/2009 1 85579 IBRIAN HUGHES CONSTRUCTION IHIP PROG-23421 STIRRUP 1 125 1 20300 1 500.00 $500.00 6/25/2009 1 85580 CALIFORNIA BUILDING STANDARDS COMM 113LDG STANDARD SPECIAL REV 1 001 1 34355 1 153.00 $153.00 6/25/2009 1 85581 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 1 41200 1 81.94 $81.94 6/25/2009 85582 MARIA DEL CAMPO RECREATION REFUND 001 34720 1 91.00 $91.00 6/25/2009 85583 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41300 56.50 $105.62 6/25/2009 1 1CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41300 1 49.12 6/25/2009 1 85584 ITINA CHANG ICONTRACT CLASS -SPRING 0015350 1 45320 1 144.001 $144.00 6/25/2009 1 CHICAGO TITLE TITLE INFO -509 CRKED ARRW 1255215 44000 65.00 6/25/2009 1 85585 ICHARTER OAK GYMNASTICS, INC. CONTRACT CLASS -SPRING 1 0015350 1 45320 1 300.001 $300.00 6/25/2009 1 85586 CHICAGO TITLE TITLE INFO -23510 GRAND RM 1255215 44000 12.00 $77.00 6/25/2009 1 CHICAGO TITLE TITLE INFO -509 CRKED ARRW 1255215 44000 65.00 Page 21 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 1 Amount Total Check Amount 6/25/2009 85587 TYA CLARK RECREATION REFUND 001 34760 1 120.00 $120.00 6/25/2009 1 85588 CONSTANCE J. LILLIE CONTRACT CLASS -SPRING 1 0015350 1 45320 1 408.00 $408.00 6/25/2009 JDH DH MAINTENANCE JANITORIAL SVCS -PARKS JUN 0015340 42210 73517 6/25/2009 1 85589 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -MAY 0015220 1 45201 1 22,334.48 $22,334.48 6/25/2009 EXCEL LANDSCAPE ADDL MAI NT -DIST 38 1385538 42210 483.16 6/25/2009 1 85590 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 0014095 1 42110 1 467.59 $467.59 6/25/200985591 85593 MAINTENANCE JANITORIAL SVCS -DBC JUNE 0015333 45300 12,250 83 $12,986.00 6/25/2009 JDH DH MAINTENANCE JANITORIAL SVCS -PARKS JUN 0015340 42210 73517 6/25/2009 1 85592 DIAMOND BAR MOBIL FUEL-NGHBRHD IMP 0015230 1 42310 1 98.58 $98.58 6/25/2009 85593 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 10,748.06 $26,986.04 6/25/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 6/25/2009 85598 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,14387 $225.00 6/25/2009 EXCEL LANDSCAPE ADDL MAI NT -DIST 38 1385538 42210 483.16 6/25/2009 85594 EXTERMINETICS OF SO CAL INC RODENT CONTROL 0015340 42210 50.00 $120.00 6/25/2009 EXTERMINETICS OF SO CAL INC RODENT CONTROL -HERITAGE 0015340 42210 40.00 6/25/2009 85598 EXTERMINETICS OF SO CAL INC RODENT CONTROL-PANTERA 0015340 42210 30.00 $225.00 6/25/2009 1 85595 STEPHEN FALLER FACILITY REFUND -DBC 1 001 1 23002 1 550.00 $550.00 6/25/2009 85596 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 120.71 $277.85 6/25/2009 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 37.96 6/25/2009 85598 FEDEX EXPRESS MAIL -FPL 2005-147 001 23010 30.58 $225.00 6/25/2009 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 88.60 6/25/2009 1 85597 1 FEHR & PEERS TRFFC ENG SVCS -DIB 1 1165510 1 44000 1 686.25 $686.25 6/25/2009 1 85598 FUN AND DISCOVERY ENTERTAINMENT INC BUBBLE SHOW -TINY TOTS 1 0015350 1 45300 1 225.00 $225.00 6/25/2009 1 85599 ELIZABETH GALL GALLEGOS FACILITY REFUND -DBC 1 001 36615 1 500.00 $500.00 6/25/2009 1 85600 WILLIAM GIEBE CONTRACT CLASS -SPRING 1 0015350 1 45320 1 777.60 $777.60 Page 22 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/25/2009 85601 GLADWELL GOVERNMENTAL SVCS INC ELECT SVCS -CITY CLERK 0014030 42390 33250 $332.50 6/25/2009 1 85602 IGOVIS LLC ICOMP EQ -SOFTWARE 1 1125553 1 46235 1 5,000001 $5,000.00 6/25/2009 HARDY & HARPER INC CONSTRUCTION -GRAND AVE 2505510 R46411 2,529.47 6/25/2009 1 85603 SHANNON GRIFFITHS CONTRACT CLASS -SPRING 0015350 1 45320 1 273.00 $273.00 6/25/2009 HARDY & HARPER INC RETENTION PAYABLE 250 20300 -2,347.22 6/25/2009 1 85604 1HALL & FOREMAN, INC. PROF.SVCS-SITE D 0015510 1 45221 1 750001 $750.00 6/25/2009 85605 HARDY & HARPER INC CONSTRUCTION -GRAND AVE 2505510 R46411 105,183.79 $128,585.30 6/25/2009 HARDY & HARPER INC CONSTRUCTION -GRAND AVE 2505510 R46411 2,529.47 6/25/2009 85607 HARDY & HARPER INC CONSTRUCTION -GRAND AVE 2505510 R46411 23,472.23 $80.00 6/25/2009 HARDY & HARPER INC RETENTION PAYABLE 250 20300 -2,347.22 6/25/2009 85608 HARDY & HARPER INC RETENTION PAYABLE 250 20300 -25297 $643.04 6/25/2009 1 85606 DANA IWAMOTO RECREATION REFUND 1 001 1 34780 1 165.001 $165.00 6/25/2009 rLOS OS ANGELES COUNTY SHERIFF'S DEPT. ICLICK IT OR TICKET -MAY 09 0014411 45402 4,238.10 6/25/2009 1 85607 IJOY JUAREZ RECREATION REFUND 1 001 1 34760 1 80.00 $80.00 6/25/2009 85608 IJUDICIAL DATA SYSTEM CORP PARKING CITE ADMIN -MAY 09 1 0014411 1 45405 1 643.04 $643.04 6/25/2009 1 85609 JKATHRYN KEYS ICONTRACT CLASS -SPRING 10015350 1 45320 1 420.001 $420.00 6/25/2009 1 85610 ICITY OF LA VERNE PRKG CITE HRGS-MAY 09 0014411 1 45405 1 130.001 $130.00 6/25/2009 1 85611 LANDS' END BUSINESS OUTFITTERS ISTAFF SHIRTS-P/INFO 0014095 1 41400 1 252.281 $252.28 6/25/2009 85612 IJACKIE LE RECREATION REFUND 001 34780 1 140.00 $140.00 6/25/2009 85613 LEAD TECH ENVIRONMENTAL IHIP PROG-509 CRKED ARRW 1255215 1 44000 1 355.001 $355.00 6/25/2009 1 85614 ILEIGHTON & ASSOCIATES, INC. jTRFFC MGMT PROJ-SUNSET 0015554 1 44520 1 535.001 $535.00 6/25/2009 1 85615 JAMY LIN IRECREATION REFUND 001 1 34780 1 95.001 $95.00 6/25/2009 85616 ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -MAY 09 1125553 45402 136.63 $4,374.73 6/25/2009 rLOS OS ANGELES COUNTY SHERIFF'S DEPT. ICLICK IT OR TICKET -MAY 09 0014411 45402 4,238.10 Page 23 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/25/2009 6/25/2009 85617 LOS ANGELES SUPERIOR COURT LOS ANGELES SUPERIOR COURT PARKING CITATION FEES -MAR PARKING CITATION FEES -APR 001 001 32230 32230 2,745.50 2,935.50 $5,681.00 6/25/2009 85618 LOWE'S BUSINESS ACCOUNT SUPPLIES -RECREATION 0015350 41200 169.61 $391 39 6/25/2009 LOWE'S BUSINESS ACCOUNT SUPPLIES-P/INFO 0014095 41200 221.78 6/25/2009 85619 SURENDRA MEHTA CONTRACT CLASS-SPRING0015350 0015333 45320 1,025 40 $1,025.40 6/25/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 88.40 6/25/2009 85620 NINYO & MOORE INC PROF.SVCS-SITE D 0015551 1 45221 1 1,600.53 $1,600.53 6/25/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 259.83 6/25/2009 1 85621 NORRIS REPKE INC PROF.SVCS-CHINO HLL REHAB 2505510 1 46411 1 46,778.50 $46,778.50 6/25/2009 1 85622 OAK TREE LANES INC CONTRACT CLASS -SPRING 0015350 1 45320 1 72.00 $72 00 6/25/2009 85623 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 316.54 $892.50 6/25/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 88.40 6/25/2009 85625 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 227.73 $23,570.00 6/25/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 259.83 6/25/2009 1 85624 P F PETTIBONE & CO SUPPLIES -CITY CLERK 0014030 1 41200 1 217.241 $217.24 6/25/2009 PERS HEALTH JULY 09 -HEALTH INS PREMS 0014090 40086 505.00 6/25/2009 1 85625 PERFECTION PAINTING PRESSURE WASH MAINT-DBC 0015333 1 42210 1 23,570.001 $23,570.00 6/25/2009 85626 PERS HEALTH JULY 09 -HEALTH INS PREMS 0014060 40093 148.76 $29,629.63 6/25/2009 PERS HEALTH JULY 09 -HEALTH INS PREMS 0014090 40086 505.00 6/25/2009 PERS HEALTH JULY 09 -HEALTH INS PREMS 001 21105 28,975.87 612512009 85627 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 $537.16 6125/2009 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 208.88 6/25/2009 PERS RETIREMENT RETIRE CONTRIB-ER 001 21109 320.28 6/25/2009 85628 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $24,830.55 6/25/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,783.38 6/25/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 15,000.67 6/25/2009 1 85629 PHILIP H WILLIAMS REIMS -SUPPLIES DBC 0015333 1 41200 103.55 $103.55 Page 24 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/25/2009 85630 PTM GENERAL ENGINEERING CORP TRFFC SIGNAL-INTERCNNCT 2505510 R46412 44,63227 $44,632.27 6/25/2009 85631 IR F DICKSON COMPANY IDEBRIS COMPOSTING -MAY 1 1155515 1 45500 1 2,879.111 $2,879.11 6/25/2009 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 65.00 6/25/2009 1 85632 IREBECCA SIU JEMP COMP PURCHASE PROG 1 001 1 13135 1 697.201 $697.20 6/25/2009 85633 REGIONAL CHAMBER OF COMMERCE MTG-CMGR 0014030 42325 65.00 $260.00 6/25/2009 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 65.00 6/25/2009 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 65.00 6/25/2009 REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 65.00 6/25/2009 85634 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 42110 150.77 $226.15 6!25/2009 IREINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 42110 1 75.38 6/25/2009 85635 REPUBLIC ELECTRIC TRFFC SIGNAL -GOLDEN SPRGS 0015554 45507 3,935.00 $20,719.00 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL-BREA CYN 0015554 45507 1,044.14 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL-BREA CYN 0015554 45507 4,01720 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL-BREA CYN 0015554 45507 42418 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL-DBB 0015554 45507 376.00 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL-MONTEFINO 0015554 45507 376.00 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL -QUAIL SMMT 0015554 45507 376.00 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL-MONTEFINO 0015554 45507 93.76 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL -APR 09 0015554 45507 1,619.02 6/2512009 REPUBLIC ELECTRIC TRFFC SIGNAL -APR 09 0015554 45507 4,035.00 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-MAY 0015554 45507 4,035.00 6/25/2009 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-MAY 0015554 45507 2,837.95 6/25/2009 REPUBLIC ELECTRIC MEMO CREDIT -EN 08-614 001 23012 -1,092.50 6/25/2009 REPUBLIC ELECTRIC MEMO CREDIT -EN 08-615 001 23012 -52.12 6/25/2009 REPUBLIC ELECTRIC MEMO CREDIT -EN 08-615 001 23012 -1,205.63 6/25/2009 REPUBLIC ELECTRIC MEMO CREDIT -EN 08-614 001 23012 -100.00 6/25/2009 85636 RONALD M EVERETT REIMB-LEAGUE OF CA 0014010 1 42330 213.75 $352.55 6/25/2009 RONALD M EVERETT REIMB-SCAG MTG 0014010 1 42330 138.80 6/25/2009 1 85637 JSCMAF TRNG-REC STAFF 1 0015350 1 42330 1 80.00 $80.00 Page 25 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/25/2009 85638 SIMPSON ADVERTISING INC DESIGN SVCS -CITY NEWS 0014095 1 44000 1 1,375 00 $1,375.00 6/25/2009 85639 SMART & FINAL SUPPLIES -SUMMER CAMP 0015350 41200 420.27 $57640 6/2512009 SMART & FINAL SUPPLIES -SUMMER CAMP 0015350 41200 50.54 6/25/2009 85646 SMART & FINAL SUPPLIES -SUMMER CAMP 0015350 41200 16.54 $330.00 6/25/2009 SMART & FINAL SUPPLIES -SUMMER CAMP 0015350 41200 89.05 6/25/2009 85640 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 18.72 $1,163.82 6/25/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 19.84 6/25/2009 85646 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 20.64 $330.00 6/25/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 20.48 6/25/2009 85647 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 449.30 $49,918.50 6/25/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 376.58 6/25/2009 85648 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 1 42126 25826 $5,000.00 6/25/2009 85641 LORRIE ST GERMAIN FACILITY REFUND -DBC 00123002 21112 1 100.00 $25.00 6/25/2009 ILORRIE ST GERMAIN IFACILITY REFUND -DBC 001 36615 -75.00 6/25/200'8E;642 56 .4 811, STANDARD INSURANCE OF OREGON JULY 09-STD/LTD 001 21112 1,758.38 $3,096.26 6/25/2009 STANDARD INSURANCE OF OREGON JULY 09-SUPP LIFE INS PRE 001 21106 167.00 6/25/2009 85646 STANDARD INSURANCE OF OREGON JULY 09 -LIFE INS PREMS 001 21106 1,170.88 $330.00 6/25/2009 1 85643 STELLA MARQUEZ REIMB-SITE D FILING 1 0015210 1 44220 1 75.00 $75.00 6125/2009 56 .4 811, THE GAS COMPANY GAS SVCS-HRTG COMM CTR 0015340 42126 60.59 $202.38 6125/2009 THE GAS COMPANY GAS SVCS -DBC 0015333 42126 141.79 6125/2009 85645 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -NOTICE TO BIDDER 1 0015510 1 42115 1 151.75 $151.75 6/25/2009 85646 WILLIAM F THOMAS REFUND -PARKING CITATION 1 001 1 32230 1 330.00 $330.00 6125/2009 85647 TRANSCORE LLC TRFFC MGMNT SYS -MAR 2505510 1 R46412 1 49,918.50 $49,918.50 6/25/2009 1 85648 TRES HERMANOS CONSERVATION AUTHORIT MEMBERSHIP DUES-FY08/09 0014090 1 44000 1 51000.00 $5,000.00 6/25/2009 1 85649 TRIFYTT SPORTS CONTRACT CLASS -SPRING 0015350 1 45320 1 936.00 $936.00 Page 26 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/25/2009 85650 STEPHEN TUGMON REFUND -PARKING CITATION 001 32230 30.00 $30.00 6/25/2009 1 85651 US POSTAL SERVICE (HASLER) MAIL SYS -POSTAGE METER 0014090 1 42120 1 5,000.00 $5,000.00 6/25/2009 85652 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.51 $30,499.62 6/25/2009 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11 6/25/2009 85654 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER SCH 0015340 42210 250.00 $4,652.54 6/25/2009 1 85653 VALLEY TROPHY SUPPLIES -RECREATION 1 0015350 1 41200 1 546.25 $546.25 6/25/2009 VERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 120.69 6/25/2009 1 85654 VANTAGEPOINT TRNSFR AGNTS-303248 6/26/09 -PIR DEDUCTIONS 1 001 1 21108 1 4,652.54 $4,652.54 6/25/2009 85655 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 35.04 $855.38 6/25/2009 VERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 120.69 6/25/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.94 6/25/2009 VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACIS 0014090 42125 173.88 6/25/2009 VERIZON CALIFORNIA PH SVCS -PAY PHONE PTRSN 0015340 42125 8793 6/25/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE 0015340 42125 36.99 6/25/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 107.12 6/25/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE 0015340 42125 87.93 6/25/2009 VERIZON CALIFORNIA PH.SVCS-PANTERA 0015340 42125 87.93 6/25/2009 IVERIZON CALIFORNIA PH.SVCS-SYC CYN PK 10015340 142125 187.93 6/25/2009 1 85656 ERIKA VIEYRA CONTRACT CLASS -SPRING 1 0015350 1 45320 1 55.20 $55.20 6/25/2009 85657 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAY 09 0015350 42140 680.00 $1,424.00 6/25/2009 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAY 09 0015350 42140 240.00 6/25/2009 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -APR -JUN 0015350 42140 224.00 6/25/2009 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -APR -JUN 0015350 42140 280.00 6/25/2009 85658 WEST COAST ARBORISTS INC TREE MAINT-MAY 09 0015558 45509 1,442.00 $7,827.00 6/25/2009 WEST COAST ARBORISTS INC WATERING SVCS -MAY 09 0015558 45510 670.00 6/25/2009 WEST COAST ARBORISTS INC TREE MAINT-JUN 09 0015558 45509 5,045.00 6/25/2009 WEST COAST ARBORISTS INC WATERING SVCS -JUN 09 0015558 45510 670.00 6/25/2009 1 85659 PAUL WRIGHT AN SVCS-PLNG COMM 6116 1 0014090 1 44000 1 227.50 $227.50 Page 27 City of Diamond Bar - Check Register 06/11/09 thru 07/01/09 $1,979,416.72 Page 28 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount $83.00 6/25/2009 85660 CANDACE YEATS RECREATION REFUND 1 001 1 34780 1 83.00 6/25/2009 1 WT # 009 UNION BANK OF CALIFORNIA, NA LEASE PAYMENT-JUL 09 DBC 0014090 1 42140 1 28,704.49 $28,704.49 $1,979,416.72 Page 28 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Treasurer's Statement — May 2009 RECOMMENDATION: Approve the May 2009 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6-6. Meeting Date: Jul 7, 2009 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director ryll"111 � Wew�� cm Departtndnt Head Assistant ' Manager Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31, 2009 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN,(OUT) BALANCE GENERAL FUND $32,277,192.62 3,768,737.58 $2,041,037.79 $10,568.88 $34,015,461.29 LIBRARY SERVICES FUND 0.00 41,604.46 CHANGE FUND 0.00 COMMUNITY ORG SUPPORT FD (3,246.18) 1,000.00 210.00 TOTAL DEMAND DEPOSITS (3,456.18) GAS TAX FUND (417,467.01) $1,076,131.39 LOCAL AGENCY INVESTMENT FD (417,467.01) TRANSIT TX (PROP A) FD 469,059.07 140,264.18 211,648.45 US TREASURY Money Market Account 397,674.80 TRANSIT TX (PROP C) FD 1,641,696.22 51,001.31 (343.00) 1,692,354.53 ISTEA Fund (711,451.32) (711,451.32) INTEGRATED WASTE MGT FD 352,907.19 21,016.00 29,230.45 344,692.74 TRAFFIC IMPROVEMENT FUND 425,038.31 2,185.72 422,852.59 AB2928-TR CONGESTION RELIEF FD 344,426.30 10,864.06 355,290.36 AIR QUALITY IMPRVMNT FD 129,949.67 129,949.67 TRAILS & BIKEWAYS FD 0.00 0.00 Prop 1B Bond Fund 1,184,408.51 1,184,408.51 PARK FEES FD 416,184.37 416,184.37 PROP A - SAFE PARKS ACT FUND 133,566.23 133,566.23 PARK & FACILITIES DEVEL. FD 665,117.17 (45,664.15) 619,453.02 COM DEV BLOCK GRANT FD (49,327.58) 4,953.51 (54,281.09) CITIZENS OPT -PUBLIC SAFETY FD 90,634.62 25,000.00 115,634.62 NARCOTICS ASSET SEIZURE FD 371,986.46 7,982.00 364,004.46 CA LAW ENFORCEMENT EQUIP PRGI 73,168.04 73,168.04 LANDSCAPE DIST #38 FD 93,214.44 27,824.82 36,496.33 84,542.93 LANDSCAPE DIST #39 FD 9,122.37 19,057.91 17,765.00 10,415.28 LANDSCAPE DIST #41 FD 119,782.40 14,402.72 9,862.98 124,322.14 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (265,995.82) 8,313.95 24,574.21 (249,735.56) SELF INSURANCE FUND 1,126,990.96 1,126,990.96 EQUIPMENT REPLACEMENT FUND 226,664.36 226,664.36 COMPUTER REPLACEMENT FUND 362,335.65 23,061.96 339,273.69 PUBLIC FINANCING AUTHORITY FUN[ 262,332.49 27,359.92 4,319.43 285,372.98 TOTALS $39,328,289.54 $4,094,664.44 $2,397,067.57 $0.00 $41,025,886.41 SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACCOUNT ($131,627.62) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($88,773.16) INVESTMENTS: US TREASURY Money Market Acct. $1,076,131.39 LOCAL AGENCY INVESTMENT FD 36,324,583.78 FED HOME LOAN BANK NOTES 3,428,571.42 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 285,372.98 TOTAL INVESTMENTS $41,114,659.57 TOTAL CASH $41,025,886.41 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeStefano, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the month of May 2009 Totals for month Less Investments matured during the month Total Investments: 2007-08 Actual Interest Income 2008-09 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget ` Source of Fair Market Value: Wells Fargo Institutional Securities, LLC $ 41,114,659.57 0.00 $ 41,114,659.57 $1,702,255.90 $1,015,700.00 $786,596.84 77.444% TYPE OF INVESTMENTS: $ 41,202,566.56 Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Federal Agency Security Federal Agency Securities are issued by direct U.S Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. The City Investment Policy places a 40% limit on this type of investment. Note: The fair market value is the value of a security if it was sold on the date of this report. Since interest rates fluctuate from day to day the fair market value may rise or fall accordingly. It is the intention of the City to hold all securities (with the exception of LAIF) to maturity or until called by the issuer. At that time, the security is redeemed at face value regardless of the current interest rate. Purchase Maturity Amount Current Par / Fair Market Institution Type of Investment Rating Date Date Term At Cost Original Par Value * Rate State of California Local Agency Inv Fund AAA 36,324,583.78 36,391,040.77 1.530% Wells Fargo Bank US Treasury Money Market AAA 1,076,131.39 1,076,131.39 0.010% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 285,372.98 285,372.98 0.070% Wells Fargo Inst Securities FHLB - Federal Home Note AAA 02/18/09 08/18/11 2.5 Yrs 428,571 1,000,000 428,571.42 2.150% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 03/23/09 09/23/11 2.5 Yrs 1,000,000 1,000,000 1,006,450.00 2.125% Wells Fargo Inst Securities FNMA - Fannie Mae Note AAA 03/23/09 12/23/11 2.75 Yrs 1,000,000 1,000,000 1,010,000.00 2.400% Wells Fargo Inst Securities FHLB - Federal Home Loan Nc AAA 02/17/09 02/17/12 3.0 Yrs 1,000,000 1,000,000 1,005,000.00 2.250% Totals for month Less Investments matured during the month Total Investments: 2007-08 Actual Interest Income 2008-09 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget ` Source of Fair Market Value: Wells Fargo Institutional Securities, LLC $ 41,114,659.57 0.00 $ 41,114,659.57 $1,702,255.90 $1,015,700.00 $786,596.84 77.444% TYPE OF INVESTMENTS: $ 41,202,566.56 Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Federal Agency Security Federal Agency Securities are issued by direct U.S Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. The City Investment Policy places a 40% limit on this type of investment. Note: The fair market value is the value of a security if it was sold on the date of this report. Since interest rates fluctuate from day to day the fair market value may rise or fall accordingly. It is the intention of the City to hold all securities (with the exception of LAIF) to maturity or until called by the issuer. At that time, the security is redeemed at face value regardless of the current interest rate. CITY COUNCIL Agenda # 7 Meeting Date: 7/7/09 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man e TITLE: AWARD OF CONTRACT TO DAVIV DESIGN IN THE AMOUNT NOT TO EXCEED $47,500 FOR THE DESIGN OF CONSTRUCTION DOCUMENTS FOR THE DEVELOPMENT OF WASHINGTON STREET MINI -PARK; AMOUNT INCLUDES 10% CONTINGENCY OF $4,150 AND $2,000 FOR REIMBURSABLES. RECOMMENDATION: Award contract. FINANCIAL IMPACT: $50,000 of Quimby Funds are included in the 2009/10 FY Budget for this project. BACKGROUND: The City of Diamond Bar recently acquired a vacant parcel of land at the corner of Washington Street and Lincoln Avenue to develop as a City Park. To develop the park, it is necessary to contract with a consultant team to design the park and to complete the construction documents. The design team will consist of, at minimum, a Landscape Architect, Civil Engineer, Survey Team and Electrical Engineer. To obtain a qualified consultant team, staff released a Request for Proposals (RFP) on February 23, 2009. Four (4) firms responded to the RFP with proposals on the March 19 due date. Staff has reviewed the proposals, checked references and interviewed the three firms deemed most responsive to the RFP. After careful review and consideration, staff recommends that a contract be awarded to David Volz Design. DISCUSSION: The vacant parcel that will be developed is rather small, 15,800 sq ft, or just over a third of an acre. Because of its small size and the fact that it is located on Washington Street, staff has attached the working name for this project as "Washington Street Mini -Park". City Council may wish to select another name for the park prior to its opening. The process to develop this site will start with meetings with the neighbors to see what they envision for the park. Their ideas will be incorporated into a conceptual design by the consultant that will be presented at a second neighborhood meeting for additional input. A final conceptual plan will be developed for review by the Parks and Recreation Commission and approval by the City Council. After approval of the conceptual plan, which will include construction cost estimates, the consultant will develop the construction documents. Staff expects to have the construction plans ready for consideration as a potential CIP project for the 2010/11 FY budget. The consultant that staff recommends for this project, David Volz Design, has a tremendous amount of experience hosting neighborhood meetings and designing parks for small sites similar to this one in Diamond Bar. They just opened a .75 acre park in Lawndale this past week. They previously designed the 1.8 acre George Washington Park in Anaheim and the .69 acre Aroma Park in West Covina, just to name a few. Staff believes Dave Volz Design will do an excellent job working with the community, staff and City officials to develop a quality design for Diamond Bar's site. The four (4) firms that submitted proposals for this project and their fees are: Estimated Fee Company Name Base Fee for Reimbursables David Volz Design* $41,350 $2,000 Matlock Associates $43,570 $2,350 Architerra Design Group $44,059 $2,000 David Evans & Associates $81,070 $4,050 * Firm recommended by staff for award of contract. PR A AND REVIEWED BY: P j 1 �t � Bob Rose Director of Community Services Attachment: Consulting Services Agreement Total $43,350 $45,920 $46,059 $85,120 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 7, 2009 by and between the City of Diamond Bar, a municipal corporation ("City") and Dave Volz Design , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, ir, consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated March 19, 2009 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect July 7, 2009, and shall continue until December 31. 2011 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant, performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Forty -One Thousand Three Hundred and Fifty dollars ($41,350) plus $2.000 for reimbursables for a total authorization of $43,350. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: Dave J. Volz City of Diamond Bar Dave Volz Design 21825 Copley Drive 151 Kalmus Drive, Suite M8 Diamond Bar, CA 91765-4177 Costa Mesa, CA 92626 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY (meaning that CONSULTANT shall indemnify and defend CITY notwithstanding any alleged or actual passive negligence of CITY which may have contributed to the claims, damages, costs or liability). Should CITY in its sole discretion find CONSULTANT'S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. 0411101 ATTEST: CITY OF DIAMOND BAR By: Tommye Cribbins City Clerk Approved as to form: By: City Attorney By: Ron Everett Mayor "CONSULTANT" Dave Volz Design Name of Company By: Representative Its: Title 06/30/2009 10:30 714593330 DAVID VOLZ DESIGN PAGE 02 06125/2009 05:52 98$8613111 CITY OF bIAMOND BAR PAGE 05/06 refers to this Agreement. Arnendmenh3 an behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Cleric. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference, above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written "CITY" ATTEST: ray: Tommye Crlbbins City Clark Approved as to form: CITY OF DIAMOND BAR By: Ron Everett Mayor "CONSULTANT" sy, Dave rolz Desio _ I A.1e,jyy� nt. City Attorney f Company i • y: presentative Its: Title Agenda # 6-8 Meeting Date: July 7, 2009 CITY COUNCIL AGENDA REPORT .. rA't:oRroH�Tw9 198` TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana er TITLE: CONSENT TO INDIRECT TRANS ER OF CONTROL OF NEXTG NETWORKS OF CALIFORNIA, INC. RECOMMENDATION: Approve. FISCAL IMPACT: None. BACKGROUND: The City of Diamond Bar entered into a Right-of-way Use Agreement with NextG Networks of California ("NextG") on November 18, 2008. The agreement allows NextG to place seven (7) micro wireless communications antennas that connect to City owned street lights or utility poles, and serve as repeater stations in locations with poor cellular coverage. NextG leases its equipment to cellular companies and provides the City with a yearly use fee, estimated at $5,000 annually. On June 1, 2009, the City was notified that NextG's parent company, NextG Networks, Inc ("Parent") would be entering into a Merger Agreement with Nodes Merger Corp. Under the terms of the agreement with the City, NextG is requesting that the City Council adopt the attached resolution consenting to the Indirect Transfer of Control of NextG Networks. The City Attorney and staff have reviewed the request and recommend the resolution be adopted by the City Council. The transfer will have no impact on the terms of NextG's agreement with the City. Prepared by: Anthony Santds Management Analyst Reviewed David Do Assistant City Manager Attachment: 1. Resolution Consenting to Indirect Transfer of Control of NextG Networks of California, Inc. RESOLUTION 2009 -XX CONSENT TO INDIRECT TRANSFER OF CONTROL OF NEXTG NETWORKS OF CALIFORNIA, INC. A. RECITALS. WHEREAS, NextG Networks of California, Inc. ("NextG"), a wholly-owned subsidiary of NextG Networks, Inc. ("Parent"), is a party to a Right -of -Way Use Agreement ("Agreement") with the City of Diamond Bar ("City"); and WHEREAS, on May 15, 2009, Parent and Nodes Merger Corp. ("Nodes") have entered into a Merger Agreement and Plan ("Merger Agreement"), which contemplates the merger of Nodes into Parent, with Parent continuing as the surviving corporation; and WHEREAS, pursuant to the terms of the Merger Agreement, investment funds affiliated with Madison Dearborn Partners, LLC ("Madison Dearborn") will collectively own approximately 61 % of the outstanding shares of Parent's capital stock; and WHEREAS, pursuant to Section 11.1 of the Agreement between NextG and the City, the consent of the City Council is necessary for the consummation of the above desired transaction; and WHEREAS, the City Council has considered and approves of the Indirect Transfer of Control described above. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: 1. The forgoing recitals are approved and incorporated herein by reference. 2. The City Council consents to the Indirect Transfer of Control described herein. 3. This Resolution shall be deemed effective upon adoption. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2009. Ron Everett, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 7th day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar CITY COUNCIL Amended Report Agenda # 6.9 Meeting Date: 7/7/09 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: APPROVAL OF AMENDMENT #1 TO CONTRACT WITH VALLEYCREST TO ADD PURCHASE AND INSTALLATION OF A CENTRALIZED IRRIGATION CONTROL SYSTEM AT THE CITY'S PARKS, DIAMOND BAR CENTER, FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, THE TRAIL / TRAIL HEAD AT SYCAMORE CANYON PARK, AND LLAD'S #38,39 & 41, IN THE AMOUNT OF $516,647.14, PLUS A CONTINGENCY OF $59,352.86, FOR A TOTAL AUTHORIZATION OF $576,000; AND APPROPRIATION OF $576,000 FOR THE 2009/10 FY BUDGET FROM GENERAL FUND RESERVES; AND AUTHORIZATION FOR USE OF THE REMAINING CONTINGENCY FUNDS TO REPLACE TURF HEADS WITH ROTATING NOZZLES ON MEDIANS IN LLAD #38. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to $576,000 during the 2009/10 FY for a centralized irrigation control system City-wide by ValleyCrest Landscape Maintenance. Total estimated cost to install the centralized system city-wide, including contingencies, is $576,000. This is also the total amount that needs to be appropriated from General Fund reserves for this project. The City has received a grant from Metropolitan Water District (MWD) for $166,800. The City is also eligible for a $41,700 grant from Walnut Valley Water District (WVWD) after the controllers are installed. This results in a net cost to the City for this project of $367,500. Anticipated water savings of 32% annually will result in the City recovering its General Fund investment in about 4 years. BACKGROUND: The City of Diamond Bar currently has 80 irrigation controllers that are needed to irrigate all of the landscaped areas maintained by the City. Currently, each of the controllers is programmed manually by a contract irrigation specialist. When rain or other weather condition requires a change to the program that regulates the irrigation system, the contractor must manually make the change at each location. Also, when leaks, broken heads, stuck valves or other irregularities occur, they must be found during the weekly inspection of the system, or discovered by someone driving by and reporting the irrigation problem. The current system has the potential for time delays in correcting problems resulting in the potential waste of water. Eliminating these delays through the use of technology is the primary way that water savings is achieved. Additional savings are achieved by use of a weather station that automatically determines the exact amount of water needed for irrigation and up -dates the time on each controller automatically. The use of a centralized irrigation control system is the best use of the technology available to save water. MWD has conducted independent studies that demonstrate an average water savings of 32% per year when using a centralized system compared to a manually programmed system. With this savings as justification, MWD offered a grant program to Cities to install a centralized system. Staff applied for this grant and the City of Diamond Bar has been awarded $166,800. WVWD also recognizes the potential for water savings from a centralized system and will provide a 25% match to the MWD grant, which for Diamond Bar is a one-time WVWD grant of $41,700. Diamond Bar currently spends $310,000 per year on irrigation water. If we achieve the 32% savings as anticipated, the cost savings will be about $99,200 per year. With a net cost of the centralized system of $367,500, the annual savings in water use will pay back the General Fund in about 4 years. Also, with the existing drought conditions Southern California is experiencing, cities are being asked to conserve water. The centralized system will help Diamond Bar achieve this goal as well. DISCUSSION: The following locations will receive centralized irrigation controllers that will be installed by ValleyCrest: 1. Diamond Bar Center - 1600 S. Grand Ave. 2. Paul C. Grow Park - 23281 Forest Canyon Drive 3. Heritage Park .- 2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) - 501 S. Diamond Bar Blvd. 5. Maple Hill Park - 1309 S. Maple Hill Road 6. Pantera Park - 738 Pantera Drive 7. Peterson Park - 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park - 2201 Peaceful Hills Road 9. Starshine Park - 20839 Starshine Road 10. Summitridge Park - 1425 Summitridge Drive 11. Sycamore Canyon Park - 22930 Golden Springs Drive 12. Sycamore Canyon Trail & Trail Head 13. Lighting and Landscape Maintenance District #38 14. Lighting and Landscape Maintenance District #39 15. Lighting and Landscape Maintenance District #41 Section 1 of their contract authorizes the City Council to add the centralized irrigation controller project to the scope of work ValleyCrest performs. Another issue that Diamond Bar faces related to irrigation is the overspray onto the street that occurs on the grass medians throughout the City. A new type of sprinkler head has been developed that helps control this overspray, the rotating nozzle. Staff is also seeking City Council approval to utilize any contingency funds remaining after the installation of the centralized system to replace as many of the old sprinkler heads as possible with rotating nozzles. There are over 2,635 sprinkler heads that need to be replaced and it will cost over $47,500 to replace them all. If the City Council authorizes this alternate use of contingency funds, sprinkler head replacement will not commence until the centralized system is installed and operating properly and a Change Order for sprinkler head replacement is approved by the City Manager. PREPAR ND REVIEWED BY: Bo se Community Services Director Attachment: Amendment #10 to Landscape Maintenance Contract with ValleyCrest for the period of July 1, 2009 through June 30, 2011. AMENDMENT #10 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 7th day of July, 2009 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for Landscape Maintenance services at locations listed in Exhibit A effective April 1, 2003. b. The CITY has regularly extended its Landscape Maintenance Contract with CONTRACTOR, most recently for the period of July 1, 2009 through June 30, 2011 in the lump sum amount of $362,995 for each fiscal year, for a total two year authorization of $725,990. C. Parties desire to amend the agreement to add purchase and installation of a centralized irrigation control system at the City's Parks, Diamond Bar Center, Football Field and Slope at Lorbeer Middle School, the Trail / Trail Head at Sycamore Canyon Park, and LLAD's #38, 39, & 41 to the Scope of Work, and to increase the contract amount by $516,647.14 for this work. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Scope of Work provided in Section 1 of the agreement is amended to add purchase and installation of a centralized irrigation control system at the City's Parks, Diamond Bar Center, Football Field and Slope at Lorbeer Middle School, the Trail / Trail Head at Sycamore Canyon Park, and LLAD's #38, 39, & 41 per proposal dated July 7, 2009. Section 2 — Contract price of AGREEMENT provided in Section 11 is amended by increasing the price by $516,647.14 for the 09/10 FY to a not to exceed amount of $879,642.14, as detailed in Exhibit A. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #10 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Ron Everett Title: Mayor APPROVED TO FORM City Attorney VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title City Clerk Exhibit A VALLEYCREST LANDSCAPE MAINTENANCE Facility Maintenance Locations and Installation of centralized irrigation control system at following locations: 1. Diamond Bar Center — 1600 S. Grand Ave. 2. Paul C. Grow Park — 23281 Forest Canyon Drive 3. Heritage Park — 2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd. 5. Maple Hill Park — 1309 S. Maple Hill Road 6. Pantera Park — 738 Pantera Drive 7. Peterson Park — 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park — 2201 Peaceful Hills Road 9. Starshine Park — 20839 Starshine Road 10. Summitridge Park — 1425 Summitridge Drive 11. Sycamore Canyon Park — 22930 Golden Springs Drive 12. Sycamore Canyon Trail & Trail Head Installation of centralized irrigation control system only at following locations: 13. Lighting and Landscape Maintenance District #38 14. Lighting and Landscape Maintenance District #39 15. Lighting and Landscape Maintenance District #41 2009/10 FY —Contract Amount: $362,995.00 2009/10 FY — Purchase and Installation of Centralized Irrigation System at above locations: $516,647.14 Total 2009/10 FY Contract Amount; $879,642.14 CITY COUNCIL Agenda # 6.9 Meeting Date: 7/7/09 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVAL OF AMENDMENV#1T ONTRACT WITH VALLEYCREST TO ADD PURCHASE AND INSTALLATENTRALIZED IRRIGATION CONTROL SYSTEM AT THE CITY'S PARKS, DIAMOND BAR CENTER, FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE TRAIL /TRAIL HEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF $133,400, PLUS A CONTINGENCY OF $5,000, FOR A TOTAL AUTHORIZATION OF $138,400; AND APPROPRIATION OF $138,400 FOR THE 2009/10 FY BUDGET FROM GENERAL FUND RESERVES. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to $138,400 during the 2009/10 FY for a centralized irrigation control system at the locations maintained by ValleyCrest Landscape Maintenance. Total estimated cost to install the centralized system city- wide, including contingencies, is $576,000. This is also the total amount that needs to be appropriated from General Fund reserves for this project. The City has received a grant from Metropolitan Water District (MWD) for $166,800. The City is also eligible for a $41,700 grant from Walnut Valley Water District (WVWD) after the controllers are installed. This results in a net cost to the City for this project of $367,500. Anticipated water savings of 32% annually will result in the City recovering its General Fund investment in about 4 years. BACKGROUND: The City of Diamond Bar currently has 80 irrigation controllers that are needed to irrigate all of the landscaped areas maintained by the City. Currently, each of the controllers is programmed manually by a contract irrigation specialist. When rain or other weather condition requires a change to the program that regulates the irrigation system, the contractor must manually make the change at each location. Also, when leaks, broken heads, stuck valves or other irregularities occur, they must be found during the weekly inspection of the system, or discovered by someone driving by and reporting the irrigation problem. The current system has the potential for time delays in correcting problems resulting in the potential waste of water. Eliminating these delays through the use of technology is the primary way that water savings is achieved. The use of a centralized irrigation control system is the best use of the technology available to save water. MWD has conducted independent studies that demonstrate an average water savings of 32% per year when using a centralized system compared to a manually programmed system. With this savings as justification, MWD offered a grant program to Cities to install a centralized system. Staff applied for this grant and the City of Diamond Bar has been awarded $166,800. WVWD also recognizes the potential for water savings from a centralized system and will provide a 25% match to the MWD grant, which for Diamond Bar is a one-time WVWD grant of $41,700. Diamond Bar currently spends $310,000 per year on irrigation water. If we achieve the 32% savings as anticipated, the cost savings will be about $99,200 per year. With a net cost of the centralized system of $367,500, the annual savings in water use will pay back the General Fund in about 4 years. Also, with the existing drought conditions Southern California is experiencing, cities are being asked to conserve water. The centralized system will help Diamond Bar achieve this goal as well. DISCUSSION: The following locations are maintained by ValleyCrest and all will receive centralized irrigation controllers: 1. Diamond Bar Center — 1600 S. Grand Ave. 2. Paul C. Grow Park — 23281 Forest Canyon Drive 3. Heritage Park — 2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd. 5. Maple Hill Park —1309 S. Maple Hill Road 6. Pantera Park — 738 Pantera Drive 7. Peterson Park — 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park — 2201 Peaceful Hills Road 9. Starshine Park — 20839 Starshine Road 10. Summitridge Park — 1425 Summitridge Drive 11. Sycamore Canyon Park — 22930 Golden Springs Drive 12. Sycamore Canyon Trail & Trail Head Section 1 of their contract authorizes the City Council to add the centralized irrigation controller project to the scope of work ValleyCrest performs. PREPARED AND REVIEWED BY: Bo e + Community Services Director Attachment: Amendment #10 to Landscape Maintenance Contract with ValleyCrest for the period of July 1, 2009 through June 30, 2011. AMENDMENT #10 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 7th day of July, 2009 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for Landscape Maintenance services at locations listed in Exhibit A effective April 1, 2003. b. The CITY has regularly extended its Landscape Maintenance Contract with CONTRACTOR, most recently for the period of July 1, 2009 through June 30, 2011 in the lump sum amount of $362,995 for each fiscal year, for a total two year authorization of $725,990. C. Parties desire to amend the agreement to add purchase and installation of a centralized irrigation control system at the City's Parks, Diamond Bar Center, Football Field and Slope at Lorbeer Middle School, and the Trail / Trail Head at Sycamore Canyon Park to the Scope of Work, and to increase the contract amount by $133,400 for this work. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Scope of Work provided in Section 1 of the agreement is amended to add purchase and installation of a centralized irrigation control system at the City's Parks, Diamond Bar Center, Football Field and Slope at Lorbeer Middle School, and the Trail / Trail Head at Sycamore Canyon Park, per proposal dated November 10, 2008. Section 2 — Contract price of AGREEMENT provided in Section 11 is amended by increasing the price by $133,400 for the 09/10 FY to a not to exceed amount of $496,395, as detailed in Exhibit A. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #10 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Ron Everett Title: Mayor APPROVED TO FORM VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title City Attorney City Clerk Exhibit A VALLEYCREST LANDSCAPE MAINTENANCE Facility Maintenance Locations 1. Diamond Bar Center — 1600 S. Grand Ave. 2. Paul C. Grow Park — 23281 Forest Canyon Drive 3. Heritage Park — 2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd. 5. Maple Hill Park — 1309 S. Maple Hili Road 6. Pantera Park — 738 Pantera Drive 7. Peterson Park — 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park — 2201 Peaceful Hills Road 9. Starshine Park — 20839 Starshine Road 10. Summitridge Park — 1425 Summitridge Drive 11. Sycamore Canyon Park — 22930 Golden Springs Drive 12. Sycamore Canyon Trail & Trail Head 2009/10 FY —Contract Amount: $362,995 2009/10 FY — Purchase and Installation of Centralized Irrigation System at above locations: $133,400 Total 2009/10 FY Contract Amount: $496,395 CITY COUNCIL Agenda Meeting Date: 7/7/09 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: APPROVAL OF AMENDMENT #10 TO CONTRACT WITH EXCEL TO ADD 9`�7PURCHASE AND INSTALLATION OF A CENTRALIZED IRRIGATION CONTROL SYSTEM AT LLAD'S #38, 39 & 41, IN THE AMOUNT OF $390,500, PLUS A CONTINGENCY OF $47,100, FOR A TOTAL AUTHORIZATION OF $437,600; AND APPROPRIATION OF $437,600 FOR THE 2009/10 FY BUDGET FROM GENERAL FUND RESERVES; AND AUTHORIZATION FOR USE OF THE REMAINING CONTINGENCY FUNDS TO REPLACE TURF HEADS WITH ROTATING NOZZELS ON MEDIANS IN LLAD #38. Recommendation: Approve. Financial Impact: Approval of this contract amendment will authorize staff to expend up to $437,600 during the 2009/10 FY for a centralized irrigation control system at the locations maintained by Excel Landscape. Total estimated cost to install the centralized system city-wide, including contingencies, is $576,000. This is also the total amount that needs to be appropriated from General Fund reserves for this project. The City has received a grant from Metropolitan Water District (MWD) for $166,800. The City is also eligible for a $41,700 grant from Walnut Valley Water District (WVWD) after the controllers are installed. This results in a net cost to the City for this project of $367,500. Anticipated water savings of 32% annually will result in the City recovering its General Fund investment in about 4 years. Background: The City of Diamond Bar currently has 80 irrigation controllers that are needed to irrigate all of the landscaped areas maintained by the City. Currently, each of the controllers is programmed manually by a contract irrigation specialist. When rain or other weather condition requires a change to the program that regulates the irrigation system, the contractor must manually make the change at each location. Also, when leaks, broken heads, stuck valves or other irregularities occur, they must be found during the weekly inspection of the system, or discovered by someone driving by and reporting the irrigation problem. The current system has the potential for time delays in correcting problems resulting in the potential waste of water. Eliminating these delays through the use of technology is the primary way that water savings is achieved. Additional savings are achieved by use of a weather station that automatically determines the exact amount of water needed for irrigation and up -dates the time on each controller automatically. The use of a centralized irrigation control system is the best use of the technology available to save water. MWD has conducted independent studies that demonstrate an average water savings of 32% per year when using a centralized system compared to a manually programmed system. With this savings as justification, MWD offered a grant program to cities to install a centralized system. Staff applied for this grant and the City of Diamond Bar has been awarded $166,800. WVWD also recognizes the potential for water savings from a centralized system and will provide a 25% match to the MWD grant, which for Diamond Bar is a one-time WVWD grant of $41,700. Diamond Bar currently spends $310,000 per year on irrigation water. If we achieve the 32% savings as anticipated, the cost savings will be about $99,200 per year. With a net cost of the centralized system of $367,500, the annual savings in water use will pay back the General Fund in about 4 years. Also, with the existing drought conditions Southern California is experiencing, cities are being asked to conserve water. The centralized system will help Diamond Bar achieve this goal as well. Discussion: The following locations are maintained by Excel and all will receive centralized irrigation controllers: Lighting and Landscape Maintenance District #38 Lighting and Landscape Maintenance District #39 Lighting and Landscape Maintenance District #41 Section 1 of their contract authorizes the City Council to add the centralized irrigation controller project to the scope of work Excel performs. Another issue that Diamond Bar faces related to irrigation is the overspray onto the street that occurs on the grass medians throughout the City. A new type of sprinkler head has been developed that helps control this overspray, the rotating nozzle. Staff is also seeking City Council approval to utilize any contingency funds remaining after the installation of the centralized system to replace as many of the old sprinkler heads as possible with rotating nozzles. There are over 2,300 sprinkler heads that need to be replaced and it will cost over $40,000 to replace them all. If the City Council authorizes this alternate use of contingency funds, sprinkler head replacement will not commence until the centralized system is installed and operating properly and a Change Order for sprinkler head replacement is approved by the City Manager. Attachment: Amendment #10 dated July 7, 2009. PREPARED -AND REVIEWED BY: Bob R69e a Community Services Director AMENDMENT #10 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 7th day of July, 2009 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and EXCEL LANDSCAPE, ("CONTRACTOR") Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective July 1, 2002 ("the AGREEMENT") for Landscape Maintenance at locations listed in Exhibit A. b. The CITY has regularly extended the contract term with CONTRACTOR, most recently for the period of July 1, 2009 through June 30, 2010 in the lump sum amount of $328,355. C. Parties desire to amend the AGREEMENT to add purchase and installation of a centralized irrigation control system to LLAD's #38, 39 & 41 to the Scope of Work, and to increase the contract amount by $390,500 for this work. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Scope of Work provided in Section 1 of the agreement is amended to add purchase and installation of a centralized irrigation control system to LLAD's #38, 39 & 41 per proposal dated December 10, 2008. Section 2 — Contract price of AGREEMENT provided in Section 11 is amended by increasing the price by $390,500 to a not to exceed amount of $718,855 for the 09/10 FY, as detailed in Exhibit A. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #10 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Ron Everett Title: Mayor APPROVED TO FORM: City Attorney EXCELLANDSCAPE Contractor Signed Title City Clerk Agenda # 6.11 Meeting Date: July 7, 2009 CITY COUNCIL �\ Ra a.�� AGENDA REPORT r989 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Award a Three Year Contract to SJC 3 Consulting to administer the City's Home Improvement Program (HIP) for an amount not to exceed $20,000 for FY 2009-10. RECOMMENDATION: Approve FINANCIAL IMPACT: The FY 2009-10 CDBG Program Budget includes $100,000 allocated to the City's Home Improvement Program. Per CDBG guidelines, the maximum amount that can be spent on administrative costs is 20% of the HIP program budget ($20,000). The CDBG Program does not impact the City's General Fund budget. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in the program Eligible participants may apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner -occupied homes. In addition, emergency grants of up to $2,000 are available on an as needed basis. DISCUSSION In June 2008, the City entered into a three-year contract with LDM Associates, Inc. (LDM) to administer the Home Improvement Program. However, earlier this year, the City received City received notice from LDM that they would no longer be able to provide services to the City, effective July 1, 2009. In June 2009, the City issued a Request for Proposal to 5 qualified firms. We received three proposals from the following firms: Wildan SJC3 Consultants Housing Programs Following the submittal of the proposals, City staff conducted interviews with key staff of each of the three firms. Based on the results of the interview process, staff recommends the contract be awarded to SJC 3 Consulting (SJC 3). SJC 3 has extensive experience administering programs similar to the City's HIP. Also, as former employees of the Los Angeles County Community Development Commission (CDC), SJC 3 staff has extensive experience in CDC rule compliance and reporting. The attached contract is for a not -to exceed amount of $20,000 for FY 2009-10. The attached contract allows for two additional one-year extensions. The value of those extensions will not exceed 20% of the City's HIP program budget for the year the contract is effective. PREPARED BY: YEc9 David Doyle, Ass City Manager Attachment: AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME IMPROVEMENT PROGRAM CONSULTING SERVICES This Agreement is made and entered into this 7th day of July 2009 by and between the City of Diamond Bar (hereinafter referred to as "CITY"), and SJC 3 Consulting (hereinafter referred to as "CONSULTANT"). DESCRIPTION OF WORK CONSULTANT shall provide housing rehabilitation consultant services for CITY'S Home Improvement Program. The specific services to be provided shall be set forth in Exhibit "A" CONSULTANT Proposal, which is attached hereto and made a part hereof. TIME OF PERFORMANCE This Agreement shall commence as of July 7, 2009 and shall remain in full force and effect until June 30, 2010. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional twenty-four (24) months until June 30, 2012. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $ 20,000 in Community Development Block Grant (CDBG) funds for the services performed. All invoices submitted must include a detailed accounting of services rendered and time spent on each task. In no event should CONSULTANT billing exceed the not -to -exceed amount without prior written authorization by the CITY. TERMINATION OF AGREEMENT This Agreement can be terminated by either party by giving written notice at least thirty (30) days prior to the effective termination date in the written notice, 5. RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84.53) 6. COMPLIANCE WITH FEDERAL REGULATIONS This Agreement is subject to and incorporates the terms of Subpart K of the CDBG Regulations and all other applicable Federal Standards Provision, inclusive of the following: Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following; employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONSULTANT setting forth the provisions of this nondiscrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title, Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and the CONSULTANT shall take appropriate steps to assure compliance. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public officials of such locality, who exercises any functions or responsibilities in connection with planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. 9. INTEREST OF CONSULTANT AND EMPLOYEES The CONSULTANT covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any otner interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this Agreement, no person having such interest shall be employed. 2 10. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the CITY or under CITY supervision or control. This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the CONSULTANT. 11. SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign or transfer any interest in the Agreement without the prior written consent of the CITY. Claims for money by CONSULTANT from the CITY under this Agreement may not be assigned to bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 12. INDEMNIFICATION CONSULTANT shall defend, indemnify and save harmless the CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including but not limited to, all consequential damages, to the maximum extent permitted by law. 13. INSURANCE A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only, B. All Insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. 3 D. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 14. SEVERABILITY In the event that any covenant, condition or other provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope of breadth permitted by law. 15. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 16. AMENDMENTS This writing, with attachments expressly referenced and incorporated herein, embodies the whole of the Agreement of the parties hereto. Except as herein provided, addition to or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment of this Agreement formally approved and executed by both parties. 17. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 18. CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of the City Manager. The CITY will monitor and evaluate the CONSULTANT in the performance of this Agreement. 19. CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement, 0 20. REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 21. PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY, All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 22. LOBBYING CERTIFICATION A. Federal Requirements The CONSULTANT CERTIFIES THAT: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer of employee of employee of any agency, Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (3) The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. B. County of Los Angeles Requirement The CONSULTANT certifies that: (1) It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of Los Angeles County Chapter 2,160, (Los Angeles County Ordinance 93-0031) and; (2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 5 (3) That any person/entity/firm who seeks a contract with Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23. NOTICES Notices, herein shall be presented in person or by U. S. Mail, as follows: CITY: James Destefano City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 24. COMPLIANCE WITH LAWS CONSULTANT: SJC 3 Consulting Attn: Regina Collins 6320 Canoga Avenue, Suite 1500 Woodland Hills, CA 91367 All parties agree to be bound by applicable Federal, State, and local laws, ordinances, regulations and directives as they pertain to the performance of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: By: Tommye A. Cribbins, City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: Its: CITY OF DIAMOND BAR James DeStefano, City Manager A Agenda # 6.12 Meeting Date: July 7, 2009 CITY COUNCIL 7 ,YAGENDAREPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Approve Amendment No. 3 to the Consulting Services Agreement with Diana Cho and Associates for Community Development Block Grant (CDBG) Labor and Contract Compliance services ($21,600) for FY 2009- 10 RECOMMENDATION: Approve FINANCIAL SUMMARY: These services are paid for by Community Development Block Grant funds and there are sufficient funds allocated in the FY 2008-09 budget for this expenditure. The expenditure of $21,600 is within the 10% spending cap for the CDBG administrative costs for FY 2009-10. BACKGROUND: Each year the City receives Community Development Block Grant funds. These funds are disbursed by the Federal Housing and Urban Development Department through the Los Angeles County Community Development Commission. The City uses these funds for a variety of programs and capital projects. Due to the significant restrictions on the use of these funds and the numerous regulations governing the spending and accounting of these funds, it is prudent to utilize the expertise of a CDBG specialist to monitor the expenditures and complete the reporting requirements. The Federal government recognizes this and as such authorizes a portion of the funds to be used for these services. DISCUSSION In July 2007 the City entered into a one-year contract with Diana Cho and Associates to provide CDBG contract compliance and monitoring services to ensure the funds are spent appropriately. The contract provides for two, one-year extensions for a maximum contract period of 3 years. In May 2008 Amendment No. 1 in the amount of $4,000 was approved by the City Manager to cover additional costs in the first year of the contract.. The original contract and Amendment No. 1 were within the purchasing authority of the City Manager. In FY 2008-09 staff recommended the Council approve Amendment No. 2, extending the contract for services until June 30, 2009. By extending the contract for a second year, the City Council authorized a total contract amount of $43,308. With Amendment No. 3, City staff is recommending the City Council approve extending the current contract with Diana Cho and Associates for a third year, from July 1, 2009 to June 30, 2010. If approved, the total contract amount for three years of services will be $64,908. PREPARED BY: I David Doy e, Asst. Ci y Manager Attachment: AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT LABOR AND CONTRACT COMPLIANCE SERVICES This Amendment to the Consulting Services Agreement is made and entered into this 7th day of July 2009, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DIANA CHO AND ASSOCIATES (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 1, 2007, with CONSULTANT to provide planning consulting services (hereinafter referred to as the "AGREEMENT"). (ii) In July 2008, the City extended the existing agreement for 12 months from July 1, 2008 to June 30, 2009. (iii) The CONSULTANT has requested and CITY has approved to extend the existing agreement for an additional 12 months effective July 1, 2009. (iv) CONSULTANT will provide additional "as -needed" labor, contract compliance services, and technical assistance services for the City's Community Development Block Grant ("CDBG") for FY 2009-10 at a cost not to exceed Twenty -One Thousand Six Hundred dollars ($21,600.00.). (v) It is in the City's best interest to extend the AGREEMENT for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: "3. Compensation and Method of Payment. City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Consulting Services Agreement, but in no event to exceed SIXTY FOUR THOUSAND NINE HUNDRED EIGHT DOLLARS ($64,908.00), which fees include all labor, materials, printing and other costs incurred in connection with the project. " Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: City Of Diamond Bar M James DeStefano, City Manager City Manager Approved As To Form: City Clerk N Diana Cho And Associates Diana Cho, Principal City Attorney CITY COUNCIL TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: RESOLUTION LEVYING AN ASS SSMENT ON BAR LANDSCAPING ASSESSMENT DISTRICT FISCAL YEAR 2009-2010. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: Agenda # 7. 1. (a) Meeting Date: July 7, 2009 AGENDA REPORT CITY OF DIAMOND NO. 38 FOR THE The requested District 38 levy rate of $15.00 per parcel will generate $267,810 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2009-10 operation and maintenance budget. The total annual budget of the District is $329,080. The itemized budget for District 38 is included in the attached Engineer's Report, Financial Analysis, Page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the streetscape improvements along Brea Canyon Road (between Pathfinder Road and the Southerly City Limit); and the medians throughout the City. The maintenance areas are further detailed in Exhibit "B-1 " of the Engineer's Report. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,854 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 2008-09 was $15.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: Date Prepared: June 30, 2009 Patrick Gallegos, Management Analyst REVIEWE David G. Liu Director of Public Works Attachments: Resolution No. 2009 -XX Engineer's Report 2 RESOLUTION NO. 2009- A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2009-2010 A. RECITALS. (i) By its Resolution No. 2009-04, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2009-2010. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California on July 7, 2009, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2009-10 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2009-10 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2009-10. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. 2 ADOPTED AND APPROVED this 7th day of July, 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 the regular meeting of the City Council of the City of Diamond Bar held on the 7th day of July, 2009, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 SHEET10F1SHEET -� 1 •�,� _ : COUNTY •� 7. `. ;� EXHIBIT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.38 % FISCAL YEAR 2009-10-- for the CITY OF DIAMOND BAR ooe.�e w GFB�FRIEDRICH ; �� & •., =`INC • SHEET OF 1SHEET ,�•,,...:.. 1 -:;r. 'rff(ff LEGEND •- - - - _ - - - - ���.: - - - ., •'�' ASSESSMENT DISTRICT BOUNDARY o•ooio•• _-'� - • - - _ - - - _ . - -. _ _ MEDIANS --_ i R•.� w-arwa PARKWAYS - •\� -\ - _ _ - - - - - _ a .n TURF AREAS _ AREAS TO BE MAINTAINED _ _ - • - _ - - ' J ` �`4`i�, MID BAR BLVD. _ - j - ' _ :•• - •••)AVE - , _ EN SPRINGS RD. E57 FWY OVERCROSSMG 'ST - _ + CITY LIMITS - _ - ' - — _ - i •)AVE- SUMMIT RIDGE TO -• ND BAR BLVD- NORTH SDE I - - •, • _ - - -• .E - DIAMOND BAR BLVD. TO ), SPRINGS RD„ SOUTH SIDE ' I _ - - - -i - AEA - 4 ACRES vr.•..m• - • I,j ; COVER 0.83 ACRES rr�' �•-----_ •--� - EXHIBIT "B-1D - -iii _ - f• - ASSESSMENT DISTRICT N0.38 of FISCAL YEAR 2009-10' _;T�.•�••'''• r for the Aw Y CITY OF DIAMOND BAR j�x-,—•---•-----F---- - `� ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2009-10 CITY OF DIAMOND BAR Preliminary: May 5, 2009 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 (951)781-0811 INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-V - Assessment Diagram Exhibit "B-1" - Improvement Map Page 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2009-10 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report — FY 2009-2010 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 2 Engineer's Report — FY 2009-2010 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscanints Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 38 Engineer's Report -- FY 2009-2010 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 3 8 for the 2009-10 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2008-09) Property Tax — Special Assessments Interest Revenue Transfer in -- General Fund TOTAL AWropriations: Personnel Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance -Grounds / Bldgs Professional Services Contract Services Capital Outlay Capital Improvements Reserve for Future Capital Improvements TOTAL * Contract Services this Contract Maintenance (Excel) $ 128,980 Extra Gopher Control Contract at S. Brea Canyon Road/Along 57 Freeway $ 1,000 Maint. Of New Areas: Prospectors at Sunset Crossing; Pathfinder at Brea Canyon Road $ 12,000 Assessment District No. 38 4 Engineer's Report — FY 2009-2010 2009-10 Recommended Budget $ 0 267,810 200 61,070 $ 329,080 $ 0 0 0 0 0 0 0 3,100 165,000 15,000 4,000 141,980 0 0 $ 329,080 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 38 Engineer's Report -- FY 2009-2010 METHOD OF APPORTIONMENT The'net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements 'installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 38 6 Engineer's Report— FY 2008-2010 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $267,810 Estimated Number of Parcels: 17,854 Estimated Assessment Per Parcel: $ 15.00 2008-09 Assessment Per Parcel: 2009.10 Assessment Per Parcel: Difference; Assessment District No. 38 7 Engineer's Report — FY 2009-2010 $ 15.00 $ 15.00 $ 0.00 ASSESSMENT ROLL The individual 2009-10 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated:/ 2009 C., Q xA 14o. C27861 * Exp. 3-31-10 CIVIL Assessment District No. 38 8 Engineer's Report— FY 2009-2010 GFB-FRIEDRICH & ASSOC., INC. EXHIBITS SHEET 70F 1 SHEET P• �/ _ - _ `'!`�•\�- - �_'_- it - - .00 N M.L. COUNTY , ` I _• - `.- r •• _ � - nna °•e.wm�r..`a.n'.,e.`a,°.' wra . - - EXHIBIT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 38 FISCAL YEAR 206.9-10.- 009.10..CITY CITYOF DIAMOND BAR V -------------I �v�W GFE• EORICH . SHEET I OF 1 SHEET Cf / - X1•••,••1••• - •; - ,. LEGEND ASSE f �.. S M T DISTRICT 8011NOPR '•� S N r :. ••t: - - - S rC(••e � / ••••.•.• MEDIANS - '�•.. - _ . _ _ s - "R••� PARKWAYS _ 77 •. TURF AREAS N;',• ` AREAS TO BE MAINTAINED i�'• t :5 _ :.•+OND BAR BLVD YO AVE C. )EN SPRINGS RD 157 FWY OVERCROSSING • dEST CITY LIMITS ±., VD AVE -SUMMIT RIDGE J -ONO BAR BLVD, NORTH SIDE - V -LE - DIAMOND BAR BLVD TO )EN SPRINGS RD., SOUTH SIDE AREA T-- 54 ACRES --_%O _%O COVER. 0.63 ACRES EXHIBIT ))B -P' ASSESSMENT DISTRICT N0.38 FISCAL YEAR 2009-10 for the CITY OF DIAMOND BAR . GFR-FRIFORIfIi CITY COUNCIL Agenda # 7. 1 (b) Meeting Date: July 7, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: RESOLUTION LEVYING AN ASSESSMENT DIAMOND BAR LANDSCAPING ASSESSMENT 39 FOR THE FISCAL YEAR 2009-2010. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: ON CITY OF DISTRICT NO. The requested District 39 levy rate of $130.00 per parcel will generate $164,190 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2009-10 operation and maintenance budget. The District budget totals $234,332. The itemized budget for District 39 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes, and open space areas within the Assessment diagram as reflected in Exhibit "B- 2" of the Engineer's Report. This reflects a total maintenance area of 60.67 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,263 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 2008-09 was $130.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Date Prepared: June 30, 2009 Patrick Gallegos, Management Analyst REVIEWED Da id G. Liu Director of Public Works Attachments: Resolution No. 2009 -XX Engineer's Report RESOLUTION NO. 2009- A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2009-2010. A. RECITALS. (i) By its Resolution No. 2009-05, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2009-10. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California on July 7, 2009 and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2009-10 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2009-10 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2009-10. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 1 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 7th day of July, 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 the regular meeting of the City Council of the City of Diamond Bar held on the 7th day of July, 2009, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar ra ■ • r • r to i %Sa. 1.Mir,FIX �idol. � i %�'`� psi �•' �0� INS �� •9�I�, PRO N iRj^ nun �r ��� �� ..•lip still 12 Ip i.0 iW .,,•I ///// ghi�r IIS++ � mil\� ♦ �. � . `� '�'''-.. Illy .�;•� ..;;•.isit •••r= -; ,► ON IIYIAu •. ilii . •I�.� �,'I � ��I •�� ±fie/'i � I • I ♦ l �f1II1; ♦ r s gun/!� ii ♦♦�i �i�I�� tw Uri/ i � FAV: r•. iii►�`�� `� Aso % '►�%� �iinii► km ♦• pig .► .�/j..r •� i111111l ....., � Qj�� r����3� - - - - 11 e�,9i�I��•.�,�f flir 11�� �\����� NAPA WOO (4�i�+moi is �►���� .�`� _ �� I♦IIl �i�►0��� ��I � tip.♦♦ �� - �ii1Ti1.6 �.� .'7ipaf0Y0� a►iigp� ae" ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2009-10 CITY OF DIAMOND BAR Preliminary: May 5, 2009 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside; CA 92506 (951) 781-0811 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map Paye 1 2 3 4 6 8 1NVI iTOMWOR Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2009-10 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are, levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 39 Engineer's Report — FY 2009-2010 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-21). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 39 2 Engineer's Report -- FY 2009-2010 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: l . Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 39 Engineer's Report — FY 2009-2010 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2009-10 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2008-09) Property Tax and Assessments Interest Revenue Transfer In — General Fund TOTAL$ Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Stang Cafeteria Benefits Operating Expenses Advertising Utilities Water & Edison Maintenance -Grounds & Bldg. Professional Services Contract Services Contract Services (Excel Landscape Maint.) Weed/Pest Abatement (L.A. County Ag) Capital Outlays Miscellaneous Equipment Reserve for Future Capital Improvements TOTAL Assessment District No. 39 4 Engineers Report — FY 2009-2010 2009-10 Recommended Budget $ 0 164,190 0 70.142 $ 234,332 $ 0 0 0 0 0 0 0 2,600 59,500 10,000 5,000 139,332 17,900 0 0 $ 234,322 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 39 Engineer's Report — FY 2009-2010 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in'Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 39 6 Engineer's Report — FY 2009-2010 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $164,190 Estimated Number of Parcels: 1,263 Estimated Assessment Per Parcel: $ 130.00 2008-09 Assessment Per Parcel: 2009-10 Assessment Per Parcel: Difference: Assessment District No. 39 % Engineer's Report — FY 2009-2010 $ 130.00 $ 130.00 $ 0.00 ASSESSMENT ROLL The individual 2009-10 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Cleric of the City of Diamond Bax as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: , 2009 GFB-FRIEDRICH & ASSOC., INC. No. C27861 is Exp. 3-31-10 s, Civil. �P O A. F D 4� cr CPI \ Assessment District No. 39 Engineer's Report — FY 2009-2010 EXHIBITS ,nil �11�11:/�U •p/ fit♦♦♦�I��� B: 1 ms's i�r,1� ►�� I �� � � ii - ♦p,4 � ` : it\IIS /% / /''� •iii r113 ,` r�'�', \ •gyp ��. ♦ ♦� �� .► •. ♦ ♦. i� �� O� ♦ o •iii itt• ,'111/,i ��*� `fy� �� .►f•� ^. �� :� /11111�� aa.... .5011 I• J�p•1n11�pu1►I'm- �M►p`O``�Y00 O"tel_. sollowerAr ra 17. ZVI `fl EXHIBIT "°13-2" ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2009-10 for the CITY OF DIAMOND BAR SHEET 1 OF 1 SHEET LEGEND ASSESSMENT DISTRICT BOUNDARY .........:: BRUSH .—S PARKS 69 ACRES ` SLOPES —,— TURF 6,ACNESTURF .1. ACHE. PA— ANE ATAF VP Ac S—E t30 Ac OTNER CITY COUNCIL Agenda: #7. 1 (c ) Meeting Date: July 7, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council '1 VIA: James DeStefano, City Ma a TITLE: RESOLUTION LEVYING AN AS ESSMENT ON BAR LANDSCAPING ASSESSMENT DISTRICT FISCAL YEAR 2009-2010. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: CITY OF DIAMOND NO. 41 FOR THE The requested District 41 levy rate of $220.50 per parcel will generate $122,157 in assessment revenue. The assessment rate remains the same as the rate applied at the date of incorporation of the City of Diamond Bar. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2009-10 operation and maintenance budget. The District budget totals $167,890. The itemized budget for District 41 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes, and open space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the Engineer's Report. This reflects a total maintenance area of 15.6 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 2008-09 was $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Date Prepared: June 30, 2009 Patrick Gallegos, Management Analyst REVIEWED . ;� David G. Liu Director of Public Works Attachments: Resolution No. 2009 -XX Engineer's Report RESOLUTION NO. 2009 - RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2009-2010. A. RECITALS. (i) By its Resolution No. 2009-06, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2009-10. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium/Government Center, 21865 Copley Drive, Diamond Bar, California on July 7, 2009, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2009-10 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2009-10 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2009-10. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 7th day of July, 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 the regular meeting of the City Council of the City of Diamond Bar held on the 7th day of July, 2009, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar EX14181T NA -3" SHEET t OF 1 SHEET ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0. FrscaL YEAR 200a_�.o. 41 for the ! City OF DIAMOND BAR J arg L, �oF�Knln,°.ono a.n �' li 1 1111 111<'I' 11 � 1.11'. 1•.!' EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2009-10 for the CITY OF DIAMOND BAR v TMwse uv oanrts a c cnr eE weuauoew o goo as Sao Mme SHEET 1 OF 1 SHEET L, LEGEND 4SSESSMEM OISTRICT SOUNDARY df yr�ti}i: BRUSH A K s WWII.=: SLOPES RU6 ncREs NRF CPDd'RIEDRICH & AS'S INC. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2009-10 CITY OF DIAMOND BAR Preliminary: May 5, 2009 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Paye 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2009-10 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 41 Engineer's Report — FY 2009-2010 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -P). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 41 2 Engineer's Report— FY 2009-2010 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 41 3 Engineer's Report --FY 2009-2010 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2009-10 Fiscal Year is as follows; Revenue: Appropriation Fund Balance (from FY 2008-09) Property Tax and Assessments Interest Revenue Transfer In — General Fund TOTAL Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance of Grounds / Bldgs Professional Services Contract Services Contract Services (Excel Landscape Maint.) Weed/Pest Abatement Capital Outlays Miscellaneous Equipment Capital Improvements ** Reserve for Future Capital Improvements TOTAL ** No Capital Improvements this Fiscal Year. Assessment District No. 41 4 Engineer's Report — FY 20D9-2010 2009-10 Recommended Budget $ 36,311 122,157 1,000 8,422 $ 167,890 0 0 0 0 0 0 0 3,500 77,000 10,000 5,060 49,730 22,600 0 0 0 $ 167,890 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 41 Engineer's Report— FY 2009-2010 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 41 6 Engineer's Report — FY 2009-2010 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: Estimated Assessment Per Parcel: 2008-09 Assessment Per Parcel: 2009-10 Assessment Per Parcel: Difference: Assessment District No. 41 7 Engineer's Report — FY 2009-2010 554 $ 220.50 $ 220.50 $ 220.50 $ 0.00 ASSESSMENT ROLL The individual 2009-10 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: l 2009 eRofessro,\ GFB-FRIEDRICH & ASSOC., INC. NF1 C No. C27861 4� Exp. 3-31-10 CIVIL A. F EDRIC \ CF CALIF Assessment District No. 41 Engineer's Report — FY 2009-2010 E HIBUS SHEET 1 OF I SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2009-M for the CITY OF DIAMOND BAR .M DD lr GuaEr. un Q S B B � 1 .AI FNEO OTHEOFFICE OPTGE . AW OF iME O OF TMIS l BA0. COUNtt Of lO6 ANOElF6, efATE OF CAOFOPNIA. TNI6 * DAY OF ZD_ CRY C1EAA OFTHE CRY OF D"OND FAO TNCOi FICEO IN THE OFFICE OF TNF CCO— AOOROR ODHNTY OF LOG AHOF , U.T. OF CAOFOP -$ OAY OF 20,. CRY CLEPP OP 1GE OTY OF OIANOXO 1. T5f AESESSMCNS NUMBED PoP fACM lO5 OP PAPCEC WIiNIM illE OIBIiGCf 5 M ABBFSSOWB PAPC[U MIMBOI Afi A86N5MED BY TME COUHfY Of L06 AX6fLB A58FGGORY OfflCF. TNF ON6G ANO OIMOKpHG FOP FACM COT OP FMCCL OF lAXO WITNB! �^ TXE nfPCIIE OFTM C06 AtroflFG C05UNN 85FSSOP nOwl. N1 •BASEHFPfOl1CIF5T aF f11?tf"IfiflRlf 11 THE COI'60NHOIm B/A 1 \',r Ql�. 11: •. 500 500 uw SHEET 1 OF 1 SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2009-10 for the CITY OF DIAMOND BAR J _ 1 sGi.E t'_300 I s.ni e LEGEND ASSESSMENT DISTRICT BOUNDARY 6 ....... -.-. BRUSH Soo ACRES P - SLOPES I -- TURF IT.sOD sr. J '3ASE MAP COURTESY DP G}'l3-I�RII'D}i}C}i, TR[cltt ap aAM]M9 sea .� AS50('., INC_ �--: eoa CITY COUNCIL Agenda # 7 , 2 Meeting Date: July 7, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: AN ORDINANCE OF THE Cl Y OF DIAMOND BAR EXTENDING ORDINANCE NO. 04 (2008) PROHIBITING CERTAIN GROUP RESIDENTIAL USES INCONSISTENT WITH RESIDENTIAL ZONES AND PROVIDING REASONABLE ACCOMMODATION PROVISIONS FOR THE DISABLED, PURSUANT TO GOVERNMENT CODE SECTION 65858(d). RECOMMENDATION: Adopt Ordinance No. XX (2009). BACKGROUND/ANALYSIS: On July 15, 2008, the City Council adopted Interim Urgency Ordinance No. 04 (2008), instituting a 45 -day ban on the establishment of certain group residential uses inconsistent with residential zones and provided reasonable accommodation provisions for the disabled. The reason for the adoption of the Interim Urgency Ordinance was to provide temporary relief from the potential impacts of noise, traffic, parking and law enforcement from certain group residential uses in residential zones. On August 19, 2008, the City Council adopted Ordinance No. 4A (2008), which extended the moratorium an additional 10 months and 15 days to provide additional time to conduct research and propose changes to the City's Development Code. Staff has begun its initial review of new development standards and locational criteria for group residential uses and residential facilities. It is likely that new development standards for these uses will change as a result of the study. Due to the time required to prepare the new standards and locational criteria, staff anticipates that the adoption of the new regulations and updating the Development Code will not be completed before the Interim Urgency Ordinance's July 15, 2009, expiration date. While the City is completing the research and preparing new standards, there is an immediate threat to the public health, safety and welfare posed by group residential uses inconsistent with residential zones. Therefore, the extension of the Urgency Ordinance is necessary to alleviate and address that threat until a more permanent remedy can be implemented. Government Code Section 65858 authorizes Council to extend the Urgency Ordinance for one additional year at a noticed public hearing. If the new development standards and criteria are complete prior to the expiration of the one year extension, staff will bring the proposed changes to council for review. ENVIRONMENTAL REVIEW: In accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 26, 2009, in a 1/8 page display. According to Planning and Zoning Law Government Code Section 65091(a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 1/8 page in one newspaper of general circulation. PREPARED BY: REVIEWED BY: Greg Gubman, AICP David Doyle Acting Community Development Director Assistant City Manager Attachments: 1. Ordinance No. XX (2009). 2. Ordinance No. 04A (2008). 3. Interim Ordinance No. 04 (2008). 2 ORDINANCE NO. XX (2009) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 04 (2008) PROHIBITING CERTAIN GROUP RESIDENTIAL USES INCONSISTENT WITH RESIDENTIAL ZONES AND PROVIDING REASONABLE ACCOMMODATION PROVISIONS FOR THE DISABLED ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858 AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Moratorium Extended. Ordinance No. 04 (2008), adopted July 15, 2008, and subsequently extended by Ordinance No. 4A (2009) on August 19, 2009, is hereby extended for one year. Section 2. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 3. Severability. If any part or provision of this Ordinance or the application to any peon or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 4. Purpose and Findings: The land use impacts associated with different types of group residential uses in residential zones and the City's authority to address those impacts have not been addressed in light of recent legal developments. The secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement can adequately be addressed following review and updating of the City's current regulations. The City is currently studying new development standards and locational criteria for group residential uses and residential care facilities in order to ensure proper and appropriate regulation of the use and occupancy of single-family properties throughout the city in order to preserve the residential character of the neighborhoods. It is likely that zoning standards for these uses will change as a result of this update. Due to the time required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new facilities and uses in residential zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. Notwithstanding the above, in accordance with Federal and State fair housing laws, this ordinance also provides for reasonable accommodations in the City's zoning and land use regulations, policies, and practices, during the term of this Ordinance or any extension thereof, when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption of a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of 10months and 15 days from August 29, 2008, unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. Section 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any other City code, ordinance, resolution or policy. Section 6. California Environmental Quality Act Finding. According to the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. PASSED, APPROVED AND ADOPTED this 7th day of July 2009. Ron Everett, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of August and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the 7th day of July by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 2 ATTEST Tommye Cribbins, City Clerk ORDINANCE NO. 04A (2008) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 04 (2008) PROHIBITING CERTAIN GROUP RESIDENTIAL USES INCONSISTENT WITH RESIDENTIAL ZONES AND PROVIDING REASONABLE ACCOMMODATION PROVISIONS FOR THE DISABLED ACCORDING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65858 AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Moratorium Extended. Ordinance No. 04 (2008), adopted July 15, 2008, is hereby extended for 10 months and 15 days from August 28, 2008 to July 15, 2009, Section 2. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (60 months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 3. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 4. Purpose and Findings: Urgency. The land use impacts associated with different types of group residential uses in residential zones and the City's authority to address those impacts have not been addressed in light of recent legal developments. The secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement can more adequately be addressed following review and updating of the City's current regulations. The City is currently studying new development standards and locational criteria for group residential uses and residential care facilities in order to ensure proper and appropriate regulation of the use and occupancy of single-family properties throughout the city in order to preserve the residential character of the neighborhoods. It is likely that zoning standards for these uses will change as a result of this update. Due to the time required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new facilities and uses in residential zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. Notwithstanding the above, in accordance with Federal and State fair housing laws, this ordinance also provides for reasonable accommodations in the City's zoning and land use regulations, policies, and practices, during the term of this Ordinance or any extension thereof, when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. Based on the findings set forth in this section, certain group residential uses pose a current and immediate threat to the public, health, safety and welfare. This ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new specified group residential uses that may be inconsistent with new zoning standards currently being developed until those revised standards can be established and adopted. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption of a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of 10 months and 15 days from August 28, 2008 to July 15, 2009 unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. Section 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any other City code, ordinance, resolution or policy. Section 6. California Environmental Quality Act Finding. Pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15305, the City has determined that this activity is categorically exempt. PASSED, APPROVED AND ADOPTED this 19th day of August 2008. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of August and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the 19'" day of August by the following vote: AYES: Council Members: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None Tommye Cribbins, City Clerk ORDINANCE NO. 04(2008) AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING CERTAIN GROUP RESIDENTIAL USES INCONSISTENT WITH RESIDENTIAL ZONES AND PROVIDING REASONABLE ACCOMMODATION PROVISIONS FOR THE DISABLED AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. The land use impacts associated with different types of group residential uses in residential zones and the City's authority to address those impacts have not been addressed in light of recent legal developments. The secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement can more adequately be addressed following review and updating of the City's current regulations. The City is currently studying new development standards and locational criteria for group residential uses and residential care facilities in order to ensure proper and appropriate regulation of the use and occupancy of single-family properties throughout the city in order to preserve the residential character of the neighborhoods. It is likely that zoning standards for these uses will change as a result of this update. Due to the time required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new facilities and uses in residential zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. Notwithstanding the above, in accordance with Federal and State fair housing laws, this ordinance also provides for reasonable accommodations in the City's zoning and land use regulations, policies, and practices, during the term of this Ordinance or any extension thereof, when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. SECTION 3. Definitions. For purposes of this Ordinance, the following terms shall be defined as set forth below: "Boarding or Rooming House" means a residence or dwelling unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. "Fair housing laws" means the Federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act, as each Act may be amended from time to time, and each Act's implementing regulations. "Family" means one or more persons living together as a single housekeeping unit in a dwelling unit. ' "Group Residential" means shared living quarters, occupied by two or more persons not living together as a single housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities (general, small licensed, and small unlicensed). "Individual with a disability," as more specifically defined under the fair housing laws, means a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. "Parolee -Probationer Home" means any residential structure or unit, whether owned and/or operated by an individual or a for-profit or nonprofit entity, which houses two or more parolees -probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee -probationer and/or any public or private entity or person on behalf of the parolee -probationer. A parolee -probationer includes: (1) any individual who has been convicted of a Federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a Federal Parole Officer; (2) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any Federal, State, or County Parole or Probation Officer. For the purposes of this section, "felony" means a felony as defined by any California or United States statute. "Residential Care Facilities, General" means any place, site or building, or groups of places, sites or buildings, licensed by the State or unlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding the licensee, members of the licensee's family, or persons employed as facility staff) is an individual with a disability. "Residential Care Facilities, Small Licensed" means State -licensed facilities that provide care, services, or treatment in a community residential setting for six or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes. Small licensed residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units. This term does not include child day care facilities or adult day care facilities as those terms are defined in the Diamond Bar Municipal Code. "Residential Care Facilities, Small Unlicensed" means any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. "Single-family residential" means a building or buildings containing one dwelling unit 4 located on a single lot for occupancy by one family. This classification includes mobile homes and factory -built housing. ' "Single housekeeping unit" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. SECTION 3. Prohibition of Certain Uses. A. The establishment of the following uses, whether or not a permit of any kind is required from the City, are prohibited during the term of this Ordinance in the RR, RL, and RLM residential zoning districts as those zoning districts are defined in the Diamond Bar Municipal Code, except as approved through the reasonable accommodation process set forth below in Section 4: 1. Group Residential 2. Residential Care Facilities, General 3. Residential Care Facilities, Small Unlicensed. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for such uses shall be approved or issued in the RR, RL and RLM zoning districts in the City during the term of this Ordinance or any extension thereof, except as approved through the reasonable accommodation process set forth below in Section 4. B. The establishment of Parolee -Probationer Homes shall be prohibited in all residential zones during the term of this Ordinance. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for such uses shall be approved or issued in residential zoning districts in the City during the term of this Ordinance or any extension thereof. SECTION 4. Reasonable Accommodation. In accordance with Federal and State fair housing laws, it is the purpose of this section to provide reasonable accommodations in the application of this interim ordinance and to the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. A. Application for Reasonable Accommodation. An application for a reasonable accommodation from this ordinance or other zoning regulation, policy, or practice shall be made to the Community Development Director and shall include: 1. The provision of this ordinance or other zoning regulation, policy, or practice from which accommodation is being requested. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. 2. Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability; 5 3. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; 4. Any other information that the Planning Director reasonably concludes is necessary to determine whether the findings required by subsection 4.13. below can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. B. Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: 1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. C. Factors. In making a decision regarding the reasonableness of the requested accommodation, the following factors may be considered: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. 4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 5. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 6. Whether the accommodation would result in a substantial increase in traffic or insufficient parking; 7. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan; 8. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. D. Hearing and Decision. Any request for reasonable accommodation shall be reviewed by the Planning Commission at a public hearing and may be approved, conditionally 6 approved or denied by the Planning Commission. The Planning Commission may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 5. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, certain group residential uses pose a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new specified group residential uses that may be inconsistent with new zoning standards currently being developed until those revised standards can be established and adopted. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. SECTION 8. This Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA") because the proposed code amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines); moreover, this ordinance is also exempt from CEQA pursuant to Section 15305 of the CEQA Guidelines (minor alterations in land use). PASSED, APPROVED AND ADOPTED this 15th day of July, 2008. ' Jack Tanaka, Mayor 7 I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond held on the 15th day of July. Zoos and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 15 th , day of July , 2008, by the following vote: AYES: Council Members: Chang, Herrera, Tye, MPT/Everett, M/Tye NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None 0 L;1-1- Tommye'Cribbins, City Clerk REQUEST FOR PROPOSALS HOME IMPROVEMENT PROGRAM (HIP) SERVICES Description of Proiect The City of Diamond Bar's Home Improvement Program provides housing rehabilitation assistance to low- and moderate -income homeowners residing in owner -occupied single family dwelling units. Federal Community Development Block Grant (CDBG) Program Funds are used for the Home Improvement Program (HIP). The City has allocated $100,000 in FY 2009-2010 CDBG Funds for implementation of HIP. The types of financial assistance are: • Grants up to a maximum of $5,000 to eligible low- and moderate -income homeowners. • Deferred loans up to a maximum of $10,000 for low- and moderate -income homeowners. Scope of Work The Scope of Work shall include but not be limited to the following items: • Answer public inquiries concerning the program. • Conduct preliminary interviews to determine owner's eligibility status and owner's desired improvements for dwelling unit. • Obtain all required supporting documentation including income verification and grant deed. • Conduct property inspections and estimate costs for rehabilitation work. • Complete all applicable documents for CDBG Housing Rehabilitation activities, i.e., lead- based paint warning, historical preservation review, etc. • Obtain asbestos testing and lead based paint testing, abatement and clearance requirements for the dwelling unit, if necessary. • Prepare specifications and bid documents, and review bids received with the homeowner. • Obtain contractor clearance through the Federal Excluded Parties List System and State Contractor's License Board. • Award contract, prepare and execute documents for grants, deferred loans and below market interest loans. • Ensure that the following forms are completed, executed and/or recorded: Promissory Note, Notice of Right to Cancel, Deed of Trust, Request for Notice(s), Truth in Lending Disclosure, and any other forms and documents required by the City. • Conduct preconstruction conference to review all projected work with the homeowner and the contractor. • Conduct progress inspections to make certain that work is proceeding in a timely manner and to authorize progress payments. • Execute notice of completion upon final inspection certifying that the rehabilitation has been completed in accordance with contract specifications. • Acquire lien releases from contractor and subcontractors, obtain homeowner's authorization for final payment, and execute close-out of rehabilitation work by ensuring that permanent file contains complete documentation required for County and Federal monitoring and audit purposes. • Prepare monthly progress reports to the City. • Conduct procurement of loan document preparation, asbestos testing, and lead-based paint testing, if necessary. Costs Provide a summary of the costs of implementing the scope of work described above. The cost proposal should include personnel, equipment and supplies, overhead and other additional costs. The fee shall be on a "Not to Exceed" basis, with hourly rates for personnel. Required Proposal Contents The proposal must include the following: 1. Name, address, and telephone number of the company. The designated principal, project manager, and key staff shall be named. Resumes for each shall be provided. 2. Proposed approach to be used in accomplishing the scope of work described herein. 3. Description of the tasks to be accomplished in performing the scope of work. 4. Proposed costs to complete the scope of work. 5. List of three cities that involved a similar scope of work, including the name and telephone number of an individual who can be contacted as a reference. Proposal Schedule Proposals due at City Hall June 15, 2009, by 5:00 p.m. Consultant Interviews June 18 — June 23, 2009 Selection of Consultant at City Council Meeting July 7, 2009 Start of Services July 8, 2009 Consultant Selection Process Each proposal will be evaluated to determine if it meets the submittal requirements specified above. Failure to meet the requirements will be cause for rejection of the proposal. The City will evaluate the proposed approach, scope of work, and costs to determine the best value to the City. The lowest priced proposal will not necessarily be selected. The selected consultant will be a consultant to the City. The City may reject any proposal if it is conditional or contains irregularities. The City may waive deviations in any proposal if it is determined to be otherwise responsive, but this shall not modify the proposal document or excuse the Consultant from compliance with contract requirements if the Consultant is awarded a contract. The City expressly reserves the right to reject any and all proposals responding to this RFP without indicating any reason for such rejection(s). The City shall not be liable in any way for any expenses incurred by Consultants in responding to this RFP. Consultants shall not include any such expenses as part of the costs to complete the scope of work. In addition, since this program is funded with Federal funds, the selected firm shall comply with all applicable Federal requirements and regulations. June 3, 2009 Albert V. Warot Willdan Engineering 13191 Crossroads Parkway North, Suite 405 City of Industry, CA 91746-3443 SUBJECT: Request for Proposals for Home Improvement Program Services The City of Diamond Bar is interested in contracting with a qualified consulting firm to provide services for the administration and implementation of the Home Improvement Program (HIP). The Home Improvement Program provides housing rehabilitation assistance to low- and moderate -income homeowners residing in owner -occupied single family dwelling units. Federal Community Development Block Grant (CDBG) Program funds are used for the Home Improvement Program. The City is seeking to enter into a one-year agreement, with a possibility of a two-year extension with the selected firm. A copy of a one-year agreement is attached. The consultant is required to be approved by the Diamond Bar City Council at its July 7, 2009 meeting. To meet this schedule, your response to this RFP must be received by 5:00 p.m., on Monday, June 15, 2009. All proposals shall be delivered to: David Doyle, Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Please contact me at (909) 839-7012 if any additional information is required. Sincerely, David Doyle Assistant City Manager Enclosures June 3, 2009 Jennifer A. Lilley, AICP Lilley Planning Group 440 South Brea Blvd., Suite E Brea, CA 92821 SUBJECT: Request for Proposals for Home Improvement Program Services The City of Diamond Bar is interested in contracting with a qualified consulting firm to provide services for the administration and implementation of the Home Improvement Program (HIP). The Home Improvement Program provides housing rehabilitation assistance to low- and moderate -income homeowners residing in owner -occupied single family dwelling units. Federal Community Development Block Grant (CDBG) Program funds are used for the Home Improvement Program. The City is seeking to enter into a one-year agreement, with a possibility of a two-year extension with the selected firm. A copy of a one-year agreement is attached. The consultant is required to be approved by the Diamond Bar City Council at its July 7, 2009 meeting. To meet this schedule, your response to this RFP must be received by 5:00 p.m., on Monday, June 15, 2009. All proposals shall be delivered to: David Doyle, Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Please contact me at (909) 839-7012 if any additional information is required. Sincerely, David Doyle Assistant City Manager Enclosures June 3, 2009 Vivian and Billy Moss FRJ and Associates 14110 Moonridge Drive Riverside, CA 92503 SUBJECT: Request for Proposals for Home Improvement Program Services The City of Diamond Bar is interested in contracting with a qualified consulting firm to provide services for the administration and implementation of the Home Improvement Program (HIP). The Home Improvement Program provides housing rehabilitation assistance to low- and moderate -income homeowners residing in owner -occupied single family dwelling units. Federal Community Development Block Grant (CDBG) Program funds are used for the Home Improvement Program. The City is seeking to enter into a one-year agreement, with a possibility of a two-year extension with the selected firm. A copy of a one-year agreement is attached. The consultant is required to be approved by the Diamond Bar City Council at its July 7, 2009 meeting. To meet this schedule, your response to this RFP must be received by 5:00 p.m., on Monday, June 15, 2009. All proposals shall be delivered to: David Doyle, Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Please contact me at (909) 839-7012 if any additional information is required. Sincerely, David Doyle Assistant City Manager Enclosures June 3, 2009 John Sottek Housing Programs 7342 Orangethorpe Avenue, Suite B-115 Buena Park, CA 90621 SUBJECT: Request for Proposals for Home Improvement Program Services The City of Diamond Bar is interested in contracting with a qualified consulting firm to provide services for the administration and implementation of the Home Improvement Program (HIP). The Home Improvement Program provides housing rehabilitation assistance to low- and moderate -income homeowners residing in owner -occupied single family dwelling units. Federal Community Development Block Grant (CDBG) Program funds are used for the Home Improvement Program. The City is seeking to enter into a one-year agreement, with a possibility of a two-year extension with the selected firm. A copy of a one-year agreement is attached. The consultant is required to be approved by the Diamond Bar City Council at its July 7, 2009 meeting. To meet this schedule, your response to this RFP must be received by 5:00 p.m., on Monday, June 15, 2009. All proposals shall be delivered to: David Doyle, Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Please contact me at (909) 839-7012 if any additional information is required. Sincerely, David Doyle Assistant City Manager Enclosures June 3, 2009 Regina Collins SJC 3 Consulting 6320 Canoga Avenue, Suite 1500 Woodland Hills, CA 91367 SUBJECT: Request for Proposals for Home Improvement Program Services The City of Diamond Bar is interested in contracting with a qualified consulting firm to provide services for the administration and implementation of the Home Improvement Program (HIP). The Home Improvement Program provides housing rehabilitation assistance to low- and moderate -income homeowners residing in owner -occupied single family dwelling units. Federal Community Development Block Grant (CDBG) Program funds are used for the Home Improvement Program. The City is seeking to enter into a one-year agreement, with a possibility of a two-year extension with the selected firm. A copy of a one-year agreement is attached. The consultant is required to be approved by the Diamond Bar City Council at its July 7, 2009 meeting. To meet this schedule, your response to this RFP must be received by 5:00 p.m., on Monday, June 15, 2009. All proposals shall be delivered to: David Doyle, Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Please contact me at (909) 839-7012 if any additional information is required. Sincerely, David Doyle Assistant City Manager Enclosures Housing Programs ■ 7342 Orangethorpe Avenue, Suite B-115 Buena Park, CA 90621 (714) 523-2033 Fax: (714) 333-9326 June 15, 2009 City of Diamond Bar Attn: David Doyle, Assistant City Manager 21825 Copley Drive Diamond Bar, CA 91765 RE: Proposal for Home Improvement Program Services Dear Mr. Doyle: Housing Programs (HP) is pleased to submit this response to the City of Diamond Bar's request for professional consulting services for your consideration. HP understands the importance of administering effective and efficient housing rehabilitation loan programs. Having worked with several local governments in designing and implementing housing rehabilitation programs, HP believes it is qualified to assist the City of Diamond Bar in the implementation of its Home Improvement Program (HIP). The staff of HP is well versed in the area of California Redevelopment Law, Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs. This knowledge allows us to administer and create programs that are consistent with the applicable state, local and federal laws associated with the funding source. Our inspector is knowledgeable in State of California Health and Safety Code Division 24, Title 25 of the State of California Housing Code, California Health and Safety Code and Federal rehabilitation standards as well as the Uniform Building Code. We look forward to your evaluation of our proposal for consulting. Should you have any questions during the qualification evaluation please contact John Sottek at (714) 523-2033. Sincerely, John ottek Consultant Enclosures Housing Programs 7342 Orangethorpe Avenue, Suite B-115 Buena Park, CA 90621 Phone: (714) 523-2033 Fax: (714) 333-9326 e-mail: john housingprograms.com PROPOSAL FOR: PROFESSIONAL CONSULTING SERVICES FOR City of Diamond Bar Home Improvement Program (HIP) Administration SUBMITTED FOR CONSIDERATION TO: David Doyle Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 June 15, 2009 QUALIFICATIONS OF PERSONNEL John Sottek, Princi al/Ins ector PrinciplelInspector John Sottek has over ten years of experience in housing rehabilitation and redevelopment. With his professional skills has implemented redevelopment agency -funded housing and economic development programs to include multi- and single family rehabilitation and first time homebuyer programs. He has provided program administration services for local agencies in areas of Community Development Block Grant and HOME including environmental reviews. In addition he has provided loan processing services as well as Davis -Bacon monitoring. John Sottek is masterful in his field because of his extensive background in inspection and the applicable skills within his field such as: • Bachelor's degree in Business Administration from California State University Long Beach. • Passed State of California Certification exam as an "Inspector Assessor" for lead based paint inspections. • Over 10 years of experience with "Title 24" of the State of California Housing Code. • Completed all HUD Training courses pertaining to Lead Construction Supervision; Project Administration Monitoring and its workers. • "California Redevelopment Law'; well versed as to the relationship to affordable housing requirements. • Oversee the substantial rehabilitation of both single and multi -family residences including development of detailed work specifications. Ongoing training is critical and mandatory to ensure code compliance. Mr. Sottek is currently obtaining additional certification from the "International Code Council"(ICC). Many cities have depended on his services to perform rehabilitation construction consulting. Such cities as Chino, Cypress, San Juan Capistrano, Buena Park, Lawndale and Corona have depended on "Housing Programs" to assist their rehabilitation programs. Primary proposed responsibilities for City of Diamond Bar's Home Improvement Program: Property inspections, work write-ups, document signings, pre -construction meetings, meetings with applicants as needed, oversight of all aspects of program expenditures and reporting. Availability for program: On and off-site as required, 5 days per week. Kathy Redman, Administrative Assistance Kathy Redman has over 20 years of experience as an office administrative assistant. Ms. Redman currently assists HP in providing off-site program administrative services to the Cities of Corona, Cypress and Buena Park. Her duties include: Scheduling inspections (initial, progress and final), Verifying contractor qualifications (licensing, insurance, etc.), Pulling Credit Reports, Compiling contractor bids for comparison purposes, Following up with homeowners and contractors on bid and project status, Grant, loan and construction contract document preparation, Data entry for project disbursements and change orders and coordination of change orders. Primary proposed responsibilities for City of Diamond Bar's Home Improvement Program: Coordinator of inspections, bids and doc signings, filing and releasing liens, record maintenance, notary services. Availability: On and off-site as required (on site as required for document signings only) Rick Iraheta, Financial & Administrative Assistance Rick Iraheta has experience as an office manager and loan underwriting for the Cities of Buena Park and Chino. Mr. Iraheta currently assists HP in providing program administrative and application processing services to the Cities of Corona, Cypress and Buena Park. His duties include: Application loan and grant processing, pulling credit reports, grant/loan document and construction contract preparation. Tracking project disbursements, contingency and fund verification. Primary proposed responsibilities for City of Diamond Bar's Home Improvement Program: Application review, preparing loan documents, monitoring expenditures and program income. Availability: Off site only, 5 days per week. If additional on-site time is needed to meet with applicants, answer phone calls, handle daily program business HP can accommodate on a limited basis of two half days or one full day per week billed at an hourly rate, separate from "HIP Implementation". Sub -consultants 11 Chicago Title 1003 E. Cooley Dr., #109 Colton, CA 92324 Chicago Title Company provides Title Insurance, Preliminary Title Reports and Appraisals for loans. Emerald Escrow, Inc. 462 S. Corona Mall Corona, CA 92879 Emerald Escrow, Inc. provides escrow disbursement services for housing rehabilitation loans and grants. Emerald Escrow, Inc. is bonded and insured and is able to provide construction disbursements in conjunction with the City of Corona Home Improvement Program. Fidelity National Financial Company 3100 New York Drive, Suite 100 Pasadena, CA 91107 Fidelity National Financial Company provides credit reports for HP for the purpose of providing home loans and grants to city home improvement programs. Barr & Clark Independent Environmental Testing 12684 Hoover Street Garden Grove, CA 92841 Barr & Clark provides DHS certified inspectors for the presence of asbestos and lead based paint, risk assessments and clearance inspections for all our city projects with pre 1978 housing. LIST OF REFERENCES City of Corona (Redevelopment Housing Set-aside Single-family Home Improvement Program) Redevelopment Agency Contracted Since 1995 400 South Vicentia Corona, CA 92878 (909) 739-4963 Cynthia Lara, Redevelopment Manager Current administration (construction management) of the City's single-family Home Improvement (HIP) Grant and Loan Programs, Mobile Home Improvement Grant and Loan (MHIP) Programs. Under the HIP and MHIP Loan Programs, HP inspection staff conducts on-site inspections of mobile homes and single-family units and prepares work description of items to be completed and costs estimate of repairs. HP coordinates pre -construction meetings between the homeowner and contractor. Duties include preparation and grant/loan closing of City's required loan documents (i.e., Deed of Trust, Promissory Note, Request for Notice) and recordation at the County and/or processing of the proper mobile home paperwork (title and registration) through the State Department of Housing and Community Development (HCD). HP also coordinates the disbursement of contractor funds (i.e., checking permits, contractor invoices and material and labor release forms), which includes progress, and final inspections of work and filing of the notice of completion at the County Recorders office. DAHousing Programs\HP\Proposals\Diamond Bar\Diamond Bar Proposal.doc City of Chino (CDBG and RDA Housing Set-aside Single-family Home Improvement Program) Community Development Department Contracted Since 2000 - 2008 13220 Central Avenue Chino, CA 91710 (909) 464-0775 Ms. Lizzet Avalos, Housing Programs Specialist Administration of the City's single-family Home Improvement (HIP) Loan & Grant Programs. Single Family Residence and Mobile Home. HP was responsible for determining applicant eligibility including: Household income, Assessment of credit worthiness, Confirmation of ownership and equity status of property. Under the HIP Loan Programs, HP inspection staff conducts on-site inspections of mobile homes and single-family units and prepares work description of items to be completed and costs estimate of repairs. HP also coordinated with the lead and asbestos inspector/assessor to identify hazards to be coordinated with the work descriptions when necessary (outside service). HP coordinated pre -construction meetings between the homeowner and contractor. Duties also included preparation of City's required loan and grant documents (i.e., Deed of Trust, Loan Agreement, Promissory Note, and Request for Notice) and recordation at the County and/or processing of the proper mobile home paperwork through the State Department of Housing and Community Development (HCD). HP also coordinated the disbursement of contractor funds (i.e., checking permits, contractor invoices and material and labor release forms), which included progress, and final inspections of work and filing of the notice of completion at the County Recorders office. City of Buena Park (CDBG and Cal -Home Single-family Home Improvement Program) Economic Development Department Contracted Since 2006 6650 Beach Boulevard Buena Park, CA 90622 (714) 562-3585 May Wong Hui, Deputy Executive Director Administration of the City's single-family Home Improvement (HIP) Loan & Grant Programs. Single Family Residence and Revitalization Neighborhood Renovation Program (RNRP). HP was responsible for determining applicant eligibility including: Household income, Assessment of credit worthiness, Confirmation of ownership and equity status of property. Under the HIP Loan Programs, HP inspection staff conducts on-site inspections of single- family units and prepares work description of items to be completed and costs estimate of repairs. HP also coordinated with the lead and asbestos inspector/assessor to identify hazards to be coordinated with the work descriptions when necessary (outside service). HP coordinated pre -construction meetings between the homeowner and contractor. Duties also included preparation of City's required loan and grant documents (i.e., Deed of Trust, Loan Agreement, Promissory Note, and Request for Notice) and recordation at the County and/or processing of the proper mobile home paperwork through the State Department of Housing and Community Development (HCD). HP also coordinated the disbursement of contractor funds (i.e., checking permits, contractor invoices and material and labor release forms), which included progress, and final inspections of work and filing of the notice of completion at the County Recorders office. Scope of Work Program Implementation — Rehabilitation Loan Program Public Inquiries: HP is able to provide off-site support to answer public inquiries regarding the program. 2. Preliminary Interviews: HP has developed a "pre -application" form for the purpose of screening applicants prior to providing a program application package. The form is used to preliminarily determine owner and improvement eligibility. In conjunction with phone and in person interviews (as necessary) this will reduce the number of unqualified applicants. 3. Supporting Documentation: Provided the applicant's income qualifies and the documentation is complete a "preliminary approval" can be made and the initial property inspection can be performed shortly after application acceptance. Following through with formal verifications can happen simultaneously with other aspects of the program to keep the process from becoming stagnant (verifications can sometimes take up to a month or more to complete, this time is better used going to the next phase of the program process). a. Credit Report: Completed at initial file set-up. b. Verifications: Income and other verifications. Requested at initial file set-up and completed during inspection and bidding process in preparation for final loan approval. c. Underwritinq: Title searches and appraisals can also coincide with the bidding process. 4. Initial Inspection: Initial property inspections will check that the property is in compliance with City building and zoning codes and HUD Housing Quality Standards. When necessary the building jacket will be pulled for permit history. All project work will fall within HIP and CDBG guidelines. a. Environmental/SHPO Forms: inspection. b. Lead -Base Paint and Asbestos: initial property inspection, once the identified. Forms are completed upon the initial Inspections are ordered after the scope and cost of work has been 5. Preparation of Work Write-Up/Cost Estimate: After the initial property inspection the initial work write-up (WWU) and cost estimate will be ready in 5-7 days for Homeowner review. Once the Homeowner reviews and approves the work scope a final copy for the bidding process will be prepared and a final Cost Estimate will be prepared for the City. a. Lead -Based Paint and Asbestos: The final WWU will not be completed until the lead report has been completed so that any findings can be incorporated into the WWU prior to going out to bid. 6. Contractor Selection: HP will coordinate a bid "walk-through" with contractors and homeowner at one time, coordinated so that five contractors will be invited to attend. A bid submission time of approximately two weeks will be allotted to contractors. All submitted bids are compiled for owner review and contractor selection. HP maintains a list of contractors to assist homeowners in obtaining bids. All Contractors have been cleared through the Federal Excluded Parties List System and the State Contractor's License Board. They also maintain minimum insurance requirements for Liability and Workman's' Compensation. Homeowners are not limited to this list in any way and are encouraged to find their own local contractor to bid on their project. 7. Contract Award and Document Execution: After contractor selection the loan closing and pre -construction meeting is scheduled. HP will prepare all required documentation. Owner, Contractor and Consultant meet at the City offices to sign Construction and Loan Documents. Pre -construction meeting with the contractor is held prior to funding document signing. 8. Construction Management: Construction time allotted is generally 30 — 60 calendar days; retention release is 30 days after completion of construction and filing of "Notice of Completion" with the County Recorder. a. Construction Monitorinq: HP construction contracts have a time limit and liquidated damages written -in to help facilitate the completions of the construction project in a timely manner. b. Change Orders: must meet program requirements and receive City Agency approval, Homeowner and Contractor signatures. c. Progress and Final Payments: HP schedules progress inspections on a once per week basis, for predictability and consistency of contractor payments. Invoices from contractors are required and all work must follow the written specifications in order to be paid. HP recommends that City loan funds are deposited into an escrow account for quicker contractor payment turn -around. All lien releases and any preliminary notices are verified paid prior to the release of contractor retention. 7. Loan Portfolio Management: HP keeps a detailed database record of all loan applicants, applicant eligibility, contractors and contracts, progress payments etc. This will assist allow HP to easily reconcile with monthly statements from the City's loan collection agent and preparation of the year-end loan report for the City Finance Department and City Treasurer. If HP assistance is needed with processing loan payoffs, processing demands, reconveyances and any other paperwork necessary, this would be billed at an hourly rate. HP monthly progress/status reports are computer generated and emailed with monthly invoices. 8. Construction and Program -Related Consultation: HP assumes and includes any daily and normal borrower and contractor complaints and routinely document complaints, delays, assisting with filing formal complaints with the CSLB etc. as part of any construction project. Any additional time involved for time at court as a witness would be billed at an hourly rate. Availability for auditor questions is also part of any completed project; projects in progress may be another situation and could be billed hourly. The nature of rehabilitation projects is such that delays are commonplace in all areas of the project from the initial property inspection to the final construction inspection. Housing Programs (HP) understands that the timely completion of projects is paramount. HP coordinates with the City, Homeowner and Contractor so that every step of the process is streamlined in order to minimize the time a project can take. HP has implemented the use of databases; log sheets and filing system to easily track projects from start to finish to minimize unnecessary delays. HP is also very amenable to City preferences when implementing a program. City of Diamond Bar - Schedule of Service fees — Housing Programs Housing Programs does not have hourly billing. All projects are billed according to the piece. The fees below encompass all related phone calls etc. required to facilitate the program effectively. HP uses database software to streamline all aspects of home improvement programs and we work as a team to complete projects in a timely manner. Grant and Loan Service Fees Preliminary Interviews: Notice of Completion: $10 or fee charged by County Recorder Unless Mobile Home Lien: $35 to $100 (as charged by HCD) Off site per application or pre -application received. To be inclusive of public inquiries regarding program. $100.00 On site billed per hour @ $75 per hour $48 to $68 market cost Eligibility Determination: $200 market cost, fee charged by appraisal company) According to HCD/City Guidelines $350.00* Including application and all supporting documentation review. $350.00 — Asbestos additional Property Inspection & Work Specifications: City Review of WWU, Owner Review of WWU, follow-up, Preliminary Cost Estimate, SHPO and $600.00 Environmental Reviews Bid Process: Coordination of Bid Process with Homeowner & Contractors Bid -Walk (one time at property) Owner Review of Bid, Consultant Review of Bid, follow-up $350.00 Selection & Award of Contract Verification of License & Insurance Additional bid -walks, owner reviews, contractor verifications billed hourly $75.00 Document Processing: Document Preparation (Grant docs and Construction Contract) Grant: $300.00 Grant Closing Loan: $400.00 Pre -construction Contract Meeting (at time of Grant Closing) Combo: $500.00 Multiple contracts, new/changed contracts and additional meetings billed hourly $75.00 Construction Management (two months service): Construction "transition time" Contractor, Homeowner & other related phone calls, site visits. $400.00"" Progress Payments/Final Inspection (up to three inspections) (billed $200 Change Orders monthly) Contractor Lien Releases Owner/Contractor Mediation, if necessary u to one hour File Maintenance: All final close-outs of paperwork to prepare file for audit. $150.00 Loan Total: $2,350.00** Not to exceed per Loan project., $2,950.00 Grant Total: $2,250.00** Not to exceed per Grant project: $2,850.00 Additional Hourly rate ($75) average at 1 hour per funded project for unexpected site visits, on site meetings with $1,125.00 preliminary applicants. Based on 15 funded projects. 15 hours at $75 Yearly Cost Based on 15 funded Projects 10 grants 5 loans): $35,375.00 Not to Exceed for 15 funded Projects 10 grants 5 loans)**: $44,375.00 If loans and grant funds can be combined, only the loan fees will be assessed, with additional $100 per for document preparation. *$200.00 for loan/grant applications processed and applicant is denied or approved but homeowner withdraws, before inspection of property. **Up to two months of Construction Management Service, additional months billed @ $200.00 per month or partial month not to exceed $1,000.00 per project. Other Loan Fees It is understood that the Borrower will pay for certain fixed material costs as part of the total loan/grant amount. In cases where Housing Programs has provided such materials and the Borrower(s) elect to withdraw from the Home Improvement Loan and/or grant Program Housing Programs reserves the right to bill the City directly for these costs. Material Costs are identified as follows: Recording Notice of Completion: $10 or fee charged by County Recorder Unless Mobile Home Lien: $35 to $100 (as charged by HCD) Title Report $125.00 - $225.00 title company fees Tax Service $48 to $68 market cost Appraisal $200 market cost, fee charged by appraisal company) Credit Report $25 per person Lead -Based Paint Report $350.00 — Asbestos additional TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK 12SL'F,e e— tom-- DATE: I expect to address the Council on the subject agend reflect my name and address as written above. Please have the Council Minutes 3W4L'a ku-- Signature This document is a public record subject to disclosure under the Public Records Act. nrxnw'R� \1A8� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITYCLERK FROM:& DATE: ADDRESS: _ ��U ��k PHONE: 1�c�9- _3 y6 %6�6 ORGANIZATION: AGENDA#/SUBJECT: Y �� �iv4Ci I expect to address the Council on the subject agenda/subject item reflect my name and address as written above. This document is a public record subject to disclosure under the Public Records Act. Please have the Cot mr;il Minutes J&8 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:T_ el"11�16l DATE: ADDRESS: _ PHONE: ORGANIZATION: ���'% yI •��� AGENDA#!SUBJECT: I expect to address the Council on the subject agenda/subject item. Please h ve the Council Minutes reflect my name and address as written above. Si nat e This document is a public record subject to disclosure under the Public Records Act. pD'W 101I'D -BAR �llllipt�r w a---� t VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK n� o.. -7 FROM: � DATE: _ 7 - ADDRESS: ADDRESS: I �S M;�Sko/-SPHONE: 'zW ` q L(tL ORGANIZATION: AGENDA#/SUBJECT: j& ' 'V� t ) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act.