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HomeMy WebLinkAbout08/04/2009Ulf- cit Diamond Bar City Council Agenda Tuesday, August 4, 2009 5:00 p.m. — Closed Session 5:30 p.m. — Study Session 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ron Everett Carol Herrera Mayor Mayor Pro Tem Wen P. Ch8ing Jack Tanaka Steve Tye Council Memw,er Council Member Council Member City Manager James De.?-tefano • City Attorney Michael Jenkins • City Clerk; Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file i i the Office of the City Clerk, alid 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 Ac of 1990, the City of Diamond Sar requires that any person in need of any type of special equipment assistance or accommodation(s) in order to comm inicate 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 Di mond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating o,, drinking in the Council Chambers. The City of Diamo) d Bar uses recycled paper and encourages you to do the same. DLINO�D BAH S r7+ 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 IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE.'TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND -ARE ALSO .AVAlLABLE FOR LIVE AND ARCHIVED VIEWING ON,THE CITY'S WEB SITE 'AT ;,WWW.CITYOFDIAMQNDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA August 4, 2009 Next Resolution No. 2009-36 Next Ordinance No. 02 (2009) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Initiation of Litigation — One Case. STUDY SESSION: 5:30 p.m., Room CC -8 ► Presentation of Draft Parks Master Plan — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Darlene Jones, Outreach Pastor Diamond Canyon Christian Church ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett APPROVAL. OF AGENDA: Mayor SPECIAL P'IRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 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. August 4, 2009 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of Asst. Fire Chief Van Mark Madragal with Los Angeles County Fire Department. 2.2 Presentation by Asst. Fire Chief Madragal of Los Angeles County Fire Department Program "Ready Set Go". 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — August 5, 2009 - 6:30 — 8:00 p.m., Cold Duck (70's top 40) — Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 Movies Under the Stars — August 5, 2009 — The Spiderwick Chronicles — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.3 Community Workshop — Presentation of Draft Parks Master Plan — August 8, 2009 — 9:00 a.m. — 11:00 a.m., D.B. Center Grandview Ballroom, 1600 S. Grand Ave. 5.4 Planning Commission Meeting — August 11, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Concerts in the Park — August 12, 2009 - 6:30 — 8:00 p.m., The Wiseguys (Big Band) — Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.6 Movies Under the Stars — August 12, 2009 — Little Giants — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.7 Traffic and Transportation Commission — August 13, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. August 4, 2009 PAGE 3 5.8 City Council Meeting - August 18, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of July 21, 2009 — Approve as submitted. 6.2 Ratification of Check Register — Dated July 16, 2009 through July 29, 2009 totaling $1,546,930.47. Requested by: Finance Department 6.3 Treasurer's Statement - month of June, 2009. Recommended Action: Approve. Requested by: Finance Department 6.4 Approve Exoneration of Surety .Bond No. 275735 Posted by Ratan Hospitality, LLC for a Parcel Map 22987 (Best Western Property) to Complete Private Street Improvements of a Portion of Gentle Springs Ln, Recommended Action: ,Approve. Requested by: Public Works Department 6.5 Approval of Amendment No. 4-A to the Contract with West Coast Arborists for City -Wide Tree Maintenance and Watering Services for FY 2008-09 Adding $1,500 to the Authorized Amount of $177,800 Resulting in a Total Not -to -Exceed Amount of $179,300. Recommended Action: Approve. Requested by: Community Services Department 6.6 fi4dopt Resolution No. 2009 -XX: Approving Installation of "No Parking Vehicles Over 6' High" Signs Between the Intersection of T.4interwood Ln./Amberwick P1.. and 1362 Winterwood Ln. Recommended Action: Adopt. Requested by: Public Works Department August 4, 2009 PAGE 4 6.7 (a) Award of Contract to Mega Way Enterprises for Construction of Sycamore Canyon Park Trail Phase III Project in the Amount of $198,881.50; Plus a Contingency of $19,888 (10%) for a Total Authorization of $218,769.50; and Appropriation of $24,285 from the Park Development Fund to Fully Fund Project. Recommended Action: Award and Approve. (b) Approve Contract Amendment No. 10 with David Evans and Associates, Inc. in the Amount of $2,000 to Provide Construction Observation Services for the Sycamore Canyon Park Trail Phase III Project. Recommended Action: Approve. Requested by: Community Services Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: August 4, 2009 Study Session Staff Report TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana er TITLE: PRESENTATION OF DRAFT PAlR & RECREATION MASTER PLAN DOCUMENT RECOMMENDATION Receive the presentation from staff and the consultant team and provide direction. OVERVIEW The up -date of the Parks Master Plan meets an objective of the Resource Management Element of the City's General Plan. It serves as a resource document for the City Council and staff to make decisions on future plans for park development and recreation programming in Diamond Bar. The original Parks Master Plan document was adopted by the City Council in March, 1998. To stay current with community needs, it is necessary to up -date the Parks Master Plan every ten years. A tremendous amount of research, data and public input has been collected and compiled into the draft Parks Master Plan document that will be presented at this Study Session. A hard copy of the Executive Summary of the document has been presented to each Council Member along with this report. BACKGROUND/DISCUSSION Matlock Associates has completed the following items to obtain public input: 1. Conducted community kick-off meeting in August 2008 to start the Parks Master Plan input process. Written surveys completed by meeting participants. 2. Written surveys similar to those completed by the meeting participants were made available at the Diamond Bar Center. A total of 311 of these written surveys were completed and submitted. 3. Conducted 6 intercept surveys at City parks and Diamond Bar schools. These surveys involved interviewing people who were at that park and school location about their opinion of parks and recreation facilities and programs. 4. Conducted 32 stakeholder interviews in September / October 2008. 5. Received written surveys from the eleven youth and adult sports organizations using Diamond Bar athletic facilities on a regular basis. 6. Received on-line surveys from 165 people. 7. Received 239 written surveys from senior citizens, including 35 completed in mandarin. 8. Completed a scientifically valid telephone survey of 500 residents. August 4, 2009 The results of this input have been analyzed and a community Demand Analysis and Needs Assessment have been developed. The community Demand Analysis and Needs Assessment were presented to the City Council in a Study Session on April 21, 2009. DRAFT PARKS MASTER PLAN All the collected data and information have been compiled into the draft Parks Master Plan document. The draft Parks Master Plan is made up of the following six sections: 1. Executive Summary 2. Existing Park Facilities 3. Existing School Facilities 4. Public Trails 5. Joint Use Opportunities 6. Site Acquisition Opportunities SCHEDULE OF PUBLIC MEETINGS Saturday, August 8, 2009 at 9:00 A.M. at Diamond Bar Center Grandview Ballroom Agenda: Present the draft Parks Master Plan to the community and receive questions. Saturday, September 12, 2009 at 9:00 A.M. at Diamond Bar Center Grandview Ballroom Agenda: Receive public in -put on the draft Parks Master Plan and answer questions. TENTATIVE ADOPTION SCHEDULE 1. Parks and Recreation Commission — Review document and make a recommendation to the City Council regarding the adoption of the Parks Master Plan — Tentatively scheduled for September 24 or October 22, 2009. 2. City Council — Review and Consider Adoption of the Parks Master Plan — Tentatively scheduled for October or November, 2009. Attachment: Power Point Presentation PR 7A D BY: ose Director of Community Services NNk v J F W = e� ^W! 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C I , I I] N O Q i _O F wt, cn r FL- _ W 0 0 0A CN 0 b4 N LIA i0 cu VJ 1^ --4 J • r4 M T Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 21, 2009 D"' R A F T CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: MPT/Herrera led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D 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; David Liu, Public Works Director; Linda Magnuson, Finance Director, Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Isaac Aziz, Network/GIS Engineer; Marsha Roa, Public Information Manager, Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Patrick Gallegos, Management Analyst; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 C/Tanaka presented a City Plaque to Johnathan Chao, owner, Shabu Shabu Station, 2803 S. Diamond Bar Blvd., as New Business of the Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that a structure fire broke out at the strip mall located at 2020 S. Brea Canyon Rd. about 1:30 this morning. He then introduced Interim Asst. Chief Greg Jones who went into more detail about the fire and that the fire appeared to have started at the fagade signage due to an electrical short. Asst. Chief Jones stated that the Fire Department was able to contain the fire to one facility with damage to three offices of the building. Both CM/DeStefano and property management representatiw;s were also onsite and although three businesses are temporarily out of bu:-iness four remain in business. There were no injuries and the building was rot a total loss. Asst. Chief Jones then announced that at the August 4 (,ouncil meeting, his replacement will be introduced to the City Council. CM/DeStefano reported that today s aff was on scene working with a demolition crew cleaning up the property, boarc'.ng up the building and securing the site. In JULY 21, 2009 PAGE 2 CITY COUNCIL the next few days the property owners and their representatives will receive a demolition permit from the City to deal with the three affected businesses. At this time, staff is unable to report a timeline for the three businesses to be up and running but will keep the Council and residents apprised. 3. PUBLIC COMMENTS: None Offered. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — July 22, 2009 — 6:30 — 8:00 p.m. Upstream (Caribbean) - Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 Movies under the Stars — July 22 , 2009 — Igor — immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 Planning Commission Meeting — July 28, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 Concerts in the Park — July 29, 2009 — 6:30 — 8:00 p.m., Present Tense (Jazz) — Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 Movies Under the Stars — July 29, 2009 — Stuart Little — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 Parks and Recreation Commission Study Session — Presentation of Draft Parks Master Plan — July 30, 2009 — 7:00 to 9:00 p.m., City Hall Conference Room B, 21825 Copley Dr. 5.7 Site D Draft EIR Public Forum — August 3, 2009 — 7:00 to 8:30 p.m., Heritage Park Community Room, 2900 S. Brea Canyon Rd. 5.8 City Council Meeting — August 4, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.9 Community Workshop — Presentation of Draft Parks Master Plan — August 8, 2009 — 9:00 a.m. to 11:00 a.m., Diamond Bar Center Grandview Ballroom, 1600 S. Grand Ave. 6. CONSENT CALENDAR: C/Tye moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JULY 21, 2009 PAGE 3 CITY COUNCIL 6.1 CITY COUNCIL MINUTES — Regular Meeting of July 7, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of June 11, 2009. 6.3 RATIFIED CHECK REGISTER — Dated July 1, 2009 to July 15, 2009 totaling $505,097.17. 6.4 ADOPTED RESOLUTION NO. 2009-35: APPROVING PROGRAM SUPPLEMENT NO. 009-N ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-455R FOR UTILIZATION OF FEDERAL FUNDS IN THE AMOUNT OF $1,770,000 ON THE PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 & 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT NO. ESPL- 5455(013). 6.5 APPROVED A CONTRACT WITH BLACKBOARD CONNECT FOR GOVERN MENT/CONN ECT-CTY TO PROVIDE AN EMERGENCY MASS NOTIFICATION FOR ONE YEAR IN THE AMOUNT OF $38,709.97 AND ADOPTION OF THE ASSOCIATED SYSTEM USE POLICY. 6.6 APPROVED CONTRACT AMENDMENT NO. 8 TO EXTEND LICENSE AGREEMENT WITH COCA COLA FOR THE OPERATION OF BEVERAGE -SERVING MACHINES IN CITY PARKS FOR THE PERIOD OF AUGUST 1, 2009 THROUGH JANUARY 31, 2010. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVAL OF MODIFICATIONS FOR DIAMOND RIDE (DIAL -A -CAB) PROGRAM. CM/DeStefano reported that in August 2008 the City Council adopted modifications to the Diamond Ride Program. However, due to higher costs of the program, staff has once again taken a look at the program and is recommending three changes to the program: 1) Transition from the present 24/7 service to a "fixed hour' service of 7:00 a.m. to 8:00 p.m.; 2) Transition from a demand same-day service to a scheduled 24-hour advance notice service; and, 3) Restriction of users requesting specific drivers in order to correct some problems within the program. MA/Gallegos stated that the Diamond Ride Program was established by the City in 1995 to augment the public transportation service options available to Diamond Bar seniors aged 60 years and older as well as, persons with disabilities. To ensure that the program continued meeting JULY 21, 2009 PAGE 4 CITY COUNCIL the needs of its users the City completed a review of Diamond Ride based on ridership trends and with input from users and transportation industry professionals. This review resulted in the City Council approving the following modifications at its August 5, 2008 meeting: 1) Approved unlimited medical trips within 20 miles of medical facilities boundaries; 2) Granted 10 additional non-medical trips within the 20 mile medical facilities boundaries to qualified participants; and, 3) Eliminated special trip request authorizations. Since implementation of these modifications the budget to operate the program has grown significantly. At the beginning of FY 2008-09 the budget for the program was $400,000. In one year Council amended the Diamond Ride . Program twice allocating an additional $100,000 on February 17, 2009 and an additional $60,000 on June 16, 2009 which brought the program budget to $560,000 marking a 40% ($160,000) increase for FY 2008-09. The program budget for FY 2009-10 is also representative of increasing costs to manage the program with an approved budget of $550,000. A portion of this increase may be attributed to the slumping economy which may have played a role in the number of residents registering for this economical mode of transportation. The weakened economy coupled with unparalleled program boundaries and increased participation were the most obvious reasons for expanding costs. For FY 2008-09, participation increased 30% over the previous FY. Although participation has grown dramatically throughout the San Gabriel Valley cities there is no other cab service with such expansive boundaries as Diamond Ride. The Diamond Ride Program has grown steadily since 2001 with the monthly average cost of the program increasing 63% from FY 2001-02 to FY 2008-09. In addition, the program showed a monthly average cost increase of 24% from FY 2007-08 to FY 2008-09. FY 2008- 09 experienced the highest monthly average cost at $43,994. It is anticipated that the program budget will continue to increase absent targeted and necessary modifications. Diamond Ride is funded by Prop A Transit Funds which is funded by portions of the '/z cent sales tax measure passed by LA County voters in 1980. For FY 2009-10 the City is expecting to receive approximately $981,900 in Prop A Funds. In addition to funding the Diamond Ride Program, these monies are used to fund contract services, which include popular senior group excursions, special event shuttles such as the Concerts in the Park series as well as, holiday rides. The transit subsidy program is also funded by Prop A funds which allow residents to obtain a discount when using Foothill, Metro and MTA. These discounts amount to 20% for residents and 50% for seniors and persons with disabilities. Prop A Funds will also be used to fund operating expenditures, which include the traffic signal management system and personnel costs. For FY 2009-10 the fund balance reserve for Prop A Funds will be $25,947. With such a low fund balance the City will be hard pressed to incur any dramatic program increases for FY 2009-10 as well as the ability to exchange Prop A Funds with other cities, which in the past has allowed D.B. to utilize funds for a variety of projects including the SR57/60 feasibility study and congestion relief strategy, the Neighborhood JULY 21, 2009 PAGE 5 CITY COUNCIL Traffic Management Program and various speed hump installations and sidewalk repairs throughout D.B. As a first step, staff recommends that the City Council consider three modifications that will serve to quickly reduce program costs with minimal disruption to the large majority of program users: 1) Change from the present 24/7 service to a "fixed hour' service of 7:00 a.m. to 8:00 p.m. D.B. is one of the few remaining cities in the San Gabriel Valley area with 24/7 service. For FY 2008-09, 93% of its users placed trip requests between the hours of 7:00 a.m. and 8:00 p.m. and only 7% of users scheduled trips outside those hours with a majority of those trips made to the Ontario Airport, out-of-town retailers but within the designated boundaries, and trips to residential (relatives and friends) homes. 2) Change the current demand for same-day service to a scheduled 24-hour advance notice service. 24-hour notice would allow the cab company to increase the number of shared rides by allowing them to plan ahead for next day trip requests. In D.B. the number of monthly shared rides has decreased significantly from a high of 427 in FY 2001-02 to a low of 6 shared rides in FY 2008-09. 3) Restrict users from requesting specific drivers to prevent misuse of the program. In the past, the cab company for the Diamond Ride program has, on occasion, allowed users to request a specific driver; however, the cab company has already taken steps to ensure users do not have the ability to request a specific driver nor allow drivers to place trip requests on a rider's behalf, a normal practice for most Dial -A Cab providers. Staff believes there are additional opportunities to reduce costs including but not limited to the following: 1) changes to boundaries based on specific trip analysis; 2) increased fares for trips outside of the City limits; 3) generating a targeted list of designated medical facilities; increasing fares for trips to Ontario Airport and Fullerton Amtrack stations; and, the use of shuttle buses to frequently traveled destination points. MA/Gallegos further stated that staff recommends a phased approach for any new modifications approved, as well as other potential modifications for Council consideration if costs remain high. Based on industry professional experiences, the initial recommendations are projected to result in program savings of between 10% and 20% ($55,000 to $110,000). Staff recommends implementing the initial set of changes Within the next 60-90 days. Many cities have and will continue to consider changes for their Dial -a -Cab programs including cuts in services and ,ncreased fares. Staff is working diligently to develop modifications that will reduce costs while maintaining a high level of service without having to increase fares, Within the coming months staff may bring additional recommendations to Council if necossary, to ensure that the Diamond Ride Program remains a reliable and affordable means of transportation for seniors and persons with disabilities, By considering all transportation options Diamond Ride, Metre, LA Access and Foothill, etc. users can gain JULY 21, 2009 PAGE 6 CITY COUNCIL greater independence while maintaining their transportation needs. MA/Gallegos responding to M/Everett stated that 60% of the trips are to medical and shopping destinations with about 60% of those trips being for medical. The other 40% represents a variety of locations including but not limited to, a family or friends home or local stores within the area. M/Everett asked how staff determined the fixed hours. MA/Gallegos responded that most cities in the San Gabriel Valley run from 8:00 a.m. to 5:00 p.m. Usually, medical appointments and mall shopping fall within that time period. Therefore, it seems to be very liberal to offer the Diamond Ride Program from a fixed hour of 7:00 a.m. to 8:00 p.m. Sharon Young, 1253 Porte Grande Dr., said she reviewed the three modifications and had no problem with the proposed fixed hours of service. She had a sense that the City was mad at a few people who have abused the service and would not want to see those who have used the service responsibly to be penalized by those who have misused the system. From 2001 to present an increase of 10 riders a day does not seem to be unreasonable. She thanked the Council for restoring and maintaining the service in August 2008. Recommendation number 2 (24 - hours notice for service) creates a challenge for individuals who are trying to get to appointments on time and is a disservice to individuals who attempt to keep appointments for legal and medical service. She thanked the City for its very good service to the community. MPT/Herrera knew that the Diamond Ride program was very important to a number of the City's senior citizens and those with medical disabilities who depend on the service to get to their destinations. The City is trying to provide the best possible program while maintaining cost controls which is particularly important this year for the City to maintain as much prudent management as possible in light of the State's attempt to balance its budget by taking monies from the cities. It is possible that D.B. could lose $2.4 million next year and it becomes very important to control costs as much as possible. Residents expect the City to live within its means and do the best it can with its programs. There have been aspects of the program that have gotten out of control and therefore the regulations under consideration tonight is an attempt to regain control of the program for the good of the majority. The City certainly does not want to be punitive but wants the program to be used ethically as originally planned. She said she appreciated staff's analysis and hard work because staff has been studying the program for several months knowing there were serious problems. She said she was prepared to vote to support staff's recommendations to see if the problems can be corrected. JULY 21, 2009 PAGE 7 CITY COUNCIL C/Tye stated that if Sacramento had kept as watchful an eye on expenses as has this Council and staff with programs like this the State would not be in the situation it is in looking to the cities to subsidize the State budget. He asked staff to address Ms. Young's concerns about the "bulking up" of rides and how Ms. Young will be able to get to her appointments on time. MA/Gallegos responding to C/Tye stated that with a 24-hour advance notice it allows the cab company to better schedule pickup and drop offs. In the case of Ms. Young, she would call the cab company 24 -hours in advance and tell them she needs a ride at a certain time and will be picked up on time. As the program exists now users sometimes have to wait up to 40 minutes or longer depending on the number of on -demand calls the company receives. In talking with other cities there are growing pains when a program goes through a change and that is why staff is recommending 60-90 days to implement the program so that everyone becomes comfortable with the changes. C/Tye asked if the cab company in an effort to combine riders might cause residents to miss their appointments. MA/Gallegos stated that staff would work it out with the cab company. The intent of the program is to share rides to reduce cost; however not to the point that the rider would miss their appointment. PWD/Liu wanted to make sure that everyone understood that with the proposed change there is no recommendation for change in the level of service. If the rider needs to get to a 9:00 a.m. appointment they merely makes the arrangement 24 -hours in advance. Since the inception of this program, shared rides have always been a component of the Diamond Ride Program. C/Tanaka and C/Chang spoke in favor of the program and felt that the program must be modified in anticipation of the State's budget shortfall and threat to the cities. M/Everett asked for clarification of the level of service and the 24-hour advance requirement. MA/Gallegos responding to M/Everett stated that the cab company works 24/7 and residents can make the call 24 -hours in advance. M/Everett asked if it were true that residents would be expected to literally call 24 hours in advance of the', appointment. MA/Gallegos said "that would be the hope." JULY 21, 2009 PAGE 8 CITY COUNCIL M/Everett said there was no doubt the program needed fixed hours. A number of seniors he knows tend to be late risers and late operators and 7:00 a.m. is a premium that may not be warranted but 8:00 p.m. is a constraint because many markets are open until 9:00 or 10:00 p.m. and toward that hour crowds have lessened after the rush. He wanted to hear reasons why the hour should not be increased to 9:00 p.m. or 10:00 p.m. at a minimum. MA/Gallegos stated that after looking at other cities' fixed hours generally from 8:00 a.m. to about 7:00 p.m. or 9:00 a.m. to 5:00 p.m., staff concluded that it would be generous to offer 7:00 a.m. to 8:00 p.m. hours. PWD/Liu added that earlier, MA/Gallegos stated that when the City looked at all of the data, especially between the hours of 7:00 a.m. to 8:00 p.m. the number suggested that over 93% of the users were using the program within those hours. M/Everett stated that he was in favor of the concepts and details of the program except for this item. He also felt that local merchants were open until 9:00 p.m. and therefore Diamond Ride participants could take advantage of the extra hour. C/Chang moved, C/Tanaka seconded, to approve modifications for the Diamond Ride (Dial -A -Cab) Program as recommended by staff. MPT/Herrera offered a substitute motion to extend the Dial -A -Ride hours to 9:00 P.M. C/Chang accepted the modification. C/Tanaka commented that he believed the 8:00 p.m. hour was more than generous for a program that was intended to supplement other modes of travel. M/Everett stated that he interpreted C/Tanaka's comment to mean that he did not concur with the modified motion. CA/Jenkins stated that there is a motion on the floor that has been seconded and that M/Everett quite properly sought an informal resolution by determining if the maker of the original motion and the seconder would simply informally accept that modification but it appears that the seconder is not willing. At this point the Council needs to determine if there is a second to MPT/Herrera's substitute motion. If there is, the substitute motion would be voted upon first and if approved, would overlay the original motion. JULY 21, 2009 PAGE 9 CITY COUNCIL M/Everett asked if there was a second to the substitute motion. No second was given. M/Everett called for the question on the original motion to accept staff's recommendation as presented. Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera NOES: COUNCIL MEMBERS: M/Everett ABSENT: COUNCIL MEMBERS: None 8.2 APPROVAL OF SOLID WASTE CONTRACT WITH WASTE MANAGEMENT FOR RESIDENTIAL TRASH HAULING SERVICES. PWD/Liu reported that the exclusive collection of refuse and recyclables contract agreement with Waste Management covers all residential and any temporary roll off box and bin service associated with the residential sector. On December 2, 2008, the City Council directed staff to begin a six-month negotiation with Waste Management. Through a rigorous process of negotiation meetings held with the representatives of Waste Management, a franchise agreement designed to protect and enhance the environment and address the future solid waste and recycling needs for D.B. residents is now ready for Council consideration and approval. The new contract term is for eight (8) years commencing August 16, 2010 and expiring August 15, 2018 with a one-year optional extension. The agreement has been reviewed by Waste Management, HF&H the City Consultant, the City Attorney and City staff. Laith Ezzet, Sr. Vice President, HF&H Consultants, stated that his firm consults with about 250 cities with respect to their solid waste programs and does not work for waste haulers. Both the residential and commercial contract agreements are far more comprehensive than the current contracts the City has. The proposed agreements will benefit the City by enhancing performance and reporting requirements; customers will benefit from additional services; favorable rates when compared to other cities; and, the recycling and waste diversion will increase significantly. A PowerPoint presentation detailing the benefits was provided. Mr. Ezzet reported that household hazardous waste materials (paint, household chemicals, florescent tubes, batteries) will be funded through the regular solid waste program; and, that within six months of the start of the new contract a program for the collection of sharps (needles, syringes, etc.) will be introduced. Further, Waste Management will use vehicles powered by natural gas within 17 months and the amount of waste diverted will increase by 5 percentage points. Waste Management has included in the agreement two mulch giveaway events during each year and a recycling rebate to customers if recycling materials improve in the future. There is a weighted rate adjustment mechanism for fuel, labor and disposal that assures the City will not have to deal with extrf3ordinary or special adjust- JULY 21, 2009 PAGE 10 CITY COUNCIL ment requests as prices move up and down. There are payments remitted by the contractor to the City — franchise payment equal to 5% of gross receipts, A6939 fee payment, road maintenance payment, and sharing of street sweeping costs. In total these fees will generate $656,000 per year. Under the current agreement the fees to the City total approximately $250,000 per year. Mr. Ezzet stated that with respect to customer rates, the charges are based on the size of the refuse container with recycling and green waste being provided as part of the service. The 64 -gallon rate, the most common level of service, is $21.03 with rate adjustments normally occurring on an annual basis. The new agreement will begin August 2010 at which time the rate will increase by $2.31 per home per month. The rates in the proposed contract compare favorably with six other cities surveyed. The current and proposed rate will put D.B. as the second lowest of the six surrounding cities noting that rates for surrounding cities will increase by the time the proposed D.B. contract is scheduled to take effect in 2010. PWD/Liu said the State has mandated that it is the City's responsibility to ensure proper disposal and recycling of refuse and hazardous waste in the community. Staff believes it is extremely important to secure a responsible and resourceful waste hauler that will guarantee recycling levels and ensure that the City disposes of its waste and maintains a diversion rate in compliance with State mandates. Staff requests that the City Council consider approval of this comprehensive residential refuse and recycling franchise agreement with Waste Management. C/Tanaka asked PWD/Liu to address the annual rate increase limits in the contract under consideration. PWD/Liu stated that there is a specific methodology that has been built into the contract. Mr. Ezzet explained that there is no cap on the increase. The rate is based on the actual disposal fee in place at the time. It is possible that the waste hauler may not go to Puente Hills even though there is rail hauling in the future. Waste Management owns their own landfills and may utilize more cost-effective alternatives. At this point it would be too early to speculate on what those alternatives may be. C/Tanaka asked Mr. Ezzet to explain the termination clause. Mr. Ezzet responded that there are provisions for default and other matters and more importantly, there are liquidated damages — fines and penalties, for not meeting performance requirements. Short of terminating the contract there would first be a series of remedies that would allow for JULY 21, 2009 PAGE 11 CITY COUNCIL assessing damages for non-performance in accordance with the contract requirements. C/Tanaka thanked HF&H, CA/Jenkins, and staff for their participation in negotiating this contract. C/Chang asked if the increase was based on the CPI. Mr. Ezzet stated that the increase was based on a better formula than the CPI because the CPI has very little to do with collection of trash. HF&H developed a much better index that uses the cost of labor in a solid waste operation, the cost of fuel, the cost of equipment, etc. so it ensures that the City's rate payers are treated fairly and that the company is more likely compensated in accordance with what is happening with its cost structure. Mr. Ezzet stated that the waste hauler would propose the rate increase and in turn the City would review the increase. Although the review is limited to an administrative action the formula and rate adjustment is very specific. C/Chang thanked Mr. Ezzet for negotiating on behalf of the City for recycling. He asked if the $45 per ton is a reasonable price. Mr. Ezzet said that if the target is hit the money is rebated to the customers on their bill and would not go to the City. The $45 per ton was figured based on historical evidence over the last few years. Companies have historically retained recycling revenues and used that money as an offset to its operating costs so it is reflected in the rates. The goal was if there is a windfall (a big rise in prices) the rate payers would be able to share in it. It really depends on China, because a large amount of recycling materials go to China and those markets are down right now. If the world market booms again there is a good chance that the price of recyclables could exceed the historical averages of the past and there could indeed be a rebate to the customers. Mr. Ezzet said he believed the price was right if the City's goal was to share any windfall and big rises in recycling prices. MPT/Herrera asked Susan Moulton, Director of Public Sector Services for Waste Management what plans her company has for adjusting to the closing of Puente Hills landfill in a few years and whether there would be a big jump in fees to the customer3. Ms. Moulton stated that because Waste Management has disposal infrastructures set up in the San Gabriel Valley they are working on permitting a transfer station in Azusa and that their company has the largest infrastructure disposal si es throughout Los Angeles. Since the disposal rate adjustment rates are based on actual disposal the City gets the benefit of Waste Managements' local disposal sites and will not have JULY 21, 2009 PAGE 12 CITY COUNCIL to be dependent on a rail hauling and outside parties such as Puente Hills. D.B. rates will be much more stable and in short, residents will enjoy much better rates. M/Everett asked how the annual increase formula compared to the formula in the current contract. Mr. Ezzet stated that the current contract does not include a weighted index using the price indices that are more related to the solid waste industry. The current contract includes the CPI. The new contract is based on industry standards and where the industry is headed. Most cities are basing their contracts on the new index to avoid extraordinary cost requests due to the fact that the CPI is dominated by residential real estate, which does not have a lot to do with picking up solid waste. M/Everett stated that he was concerned about the rise in rates and wanted assurance because there is a known quantity in the CPI and it has worked well for the City for nine years. He was concerned that the residents may see some volatility. Mr. Ezzet responded by saying that HF&H conducted an analysis by looking back over five and ten years when other Council's have asked the same question. HF&H took historical data using the new rate adjustment formulas and actually went up by a little less than the CPI. Historically, the increases have been reasonable and favorable. M/Everett said he was also concerned that the new contract included a 10% increase with the economy as it is today. Other service providers have buffered their increases and he wanted to know what options D.B. may have to buffer the stepping up from the normal CPI of 2% to 3% a year that the residents are used to budgeting. Are there any options to buffer or step up the implementation of this increase? ACM/Doyle stated that the bulk of increase in the rate is about $2.31 a month. Certainly there are options available to the Council to phase the rate in from the standpoint that certain elements of the cost of doing business could be phased in. However, staff feels that the minimal cost impact to the residents of $2.31 a month is sufficient for staff to be able to bring the item to Council for full implementation remembering that this contract does not go into effect until August 2010. ACM/Doyle said he felt it was important to note that what D.B. has seen in recent years is fuel costs increasing significantly and waste haulers coming forward with those extraordinary cost requests to the City Council due to those fuel costs. The fuel costs in the actual weighted index used for purposes of this contract compose only about 5% of the ultimate formula. Staff believes that this will be a much better stabilizing factor to JULY 21, 2009 PAGE 13 CITY COUNCIL reduce those kinds of dramatic increases as the fuel prices swing wildly upward. John Rowe, 1229 Porto Grande, Board Member, Montefino Townhomes, believed that Montefino has been and remains an exemplary property in D.B. with outstanding maintenance and landscaping practices. He stated that the residents of Montefino are now being confronted with an 11 % refuse rate increase which will result in $11,000 of additional annual fees to Montefino residents in addition to other service increases for water, etc. Montefino pays $2600 a year of this fee for street sweeping, a service that is not provided to Montefino. The new fee for road maintenance on residential streets will cost Montefino an additional $3600, a service not provided for the three miles of streets inside the association. He asked the City to negotiate rate reductions to offset these services which Montefino will never see, particularly in the current economic climate. He also would like to have the data include the 20-25 cities surrounding D.B. and within a 12 -mile radius of the City. He intends to contact other associations to advise them of the services for which they pay and do not receive from the City. ACM/Doyle stated that Mr. Rowe represents a homeowners association and the residents therein. Previous conversations with Mr. Rowe included the fact that the homeowner's association apparently pays the dues for the waste hauler fees and those dues are currently passed on to the residents through their homeowner's association dues. One of their critical issues is attempting to raise the dues through their election process. Moreover, to speak directly to Mr. Rowe's comments regarding street sweeping and road maintenance, Montefino has privately owned streets and the City is precluded by law from providing maintenance on privately owned streets and on private property. Residents do enjoy the fact that other streets in D.B. will be well -paved and that all streets are swept. ACM/Doyle said that staff understands Mr. Rowe's concerns and would be willing to help facilitate discussions with the waste hauler to see what options are available to the association. His understanding is that in the past there was some previous experience with Waste Management and their excellent customer service providing for their landscaping in that they do their own landscaping services and that green waste is provided through alternative services which then resulted in a lowering of the association's rate. C/Chang commented on the contract and said that it was the first time he had heard about an eight-year contract. PWD/Liu responded that originally, the City proposed a ten-year contract and subsequently, during a Study Session it was modified from a ten-year contract to an eight-year contract with a one-year extension. Working together with HF&H it is fairly typical to see an eight to nine year contract JULY 21, 2009 PAGE 14 CITY COUNCIL term. With a ten-year term the City would not want to preclude itself from meeting future State mandates. Staff believes that an eight-year contract is a reasonable term with a one-year extension. C/Chang said he would support the proposal and reminded the waste haulers that they should remain good partners with D.B. and its residents. MPT/Herrera moved, C/Tanaka seconded, to approve the solid waste contract with Waste Management for residential trash hauling services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera NOES: COUNCIL MEMBERS: M/Everett ABSENT: COUNCIL MEMBERS: None 8.3 APPROVAL OF COMMERCIAL REFUSE AND RECYCLING FRANCHISE AGREEMENT WITH VALLEY VISTA SERVICES. PWD/Liu reported that this franchise agreement covers all bin served accounts, temporary roll off box service and residential units that use bins. On December 2, 2008, Council directed staff to begin the six-month negotiation process with Valley Vista Services. A rigorous process resulted in a franchise agreement that will address the future solid waste and recycling needs for D.B. businesses. The new contract term is for eight years commencing on August 16, 2010 and expiring on August 15, 2018 with a one-year option provision. The proposed contract has been reviewed by Valley Vista Services, HF&H the City's Consultant, the City Attorney and staff. Mr. Ezzet stated that the biggest change in the proposed contract is that all commercial waste will be taken to a material recovery facility to be processed and recyclables recovered which will offer significant benefits to the City's waste diversion rate and help keep D.B. in compliance with the State's requirements to divert. Currently, the commercial sector is recycling 8 Y2% of everything collected. Valley Vista owns a facility so they are in a good position to handle this mandate. Similarly to Waste Management, Valley Vista will collect construction and demolition debris for commercial customers and recycle 75% of that material. The same indices are being used for commercial as residential. Valley Vista will also be using natural gas trucks within 12 months of the start of the agreement. Similar to the residential contract, a franchise fee of 5% will be paid to the City (AB939). Total fee payments under this contract would be $429,000 per year, a significant increase from the $220,000 per year under the existing agreement. Two of the most common levels of service for small businesses are the three cubic yard business service once a week with an JULY 21, 2009 PAGE 15 CITY COUNCIL increase of $14.58 per month and twice a week service with an increase of $25.29 inclusive of City fees. Comparing commercial rates to other cities, the commercial rate is the second lowest of the cities surveyed and third lowest based on the rates in effect today, rates which will increase by next August. PWD/Liu stated that the State has mandated that it is the City's responsibility to ensure proper disposal and recycling of all refuse and hazardous waste in the community and continued partnership with Valley Vista Services will help the City accomplish these goals. Staff requests that the City Council consider approval of this comprehensive commercial refuse and recycling franchise agreement with Valley Vista Services. M/Everett asked if there were significant differences in services included in contracts with comparative cities. For example, is MRF a part of each of the contracts. Mr. Ezzet stated he did not believe it was a part of each contract. D.B. has a very aggressive recycling program and probably more comprehensive services than most other cities. PWD/Liu stated that the City of Walnut does not use MRF. D.B.'s rate reflects the new mixed -waste processing. Mr. Ezzet commented that by recycling 25% of every ton there is less to take to the landfill. So when one adds in the landfill fees as C/Tanaka spoke about that may occur when Puente Hills closes, it will not be as extreme for D.B. because there will not be as much waste to deliver to the landfill. C/Tye said that if one looks at the rates of other cities one cannot determine what fees are included for the residents. Mr. Ezzet explained how the rates were arrived at. What this presentation shows is how it compares to what the customer sees in other cities. HF&H was very careful to look at all of the services that the Council was concerned about. David Perez, Valley Vista Services, thanked the City Council and staff and especially PWD/Liu and ACM/Doyle and their consultant. The City is getting increased recycling processing and rates reflecting the cost to process the waste and whatever additional City fees are involved. The service component is about the same as it was in the current contract. Staff has done an excellent job in achieving its goal of increasing recycling efforts and negotiating a very aggressive price. It is very evident why this City in the current climate where other cities are melting down, is well- suited to move on to the next 20 -years because the City is well run. He JULY 21, 2009 PAGE 16 CITY COUNCIL thanked the Council for what he hoped would be their vote of confidence in his family and in Valley Vista Services. MPT/Herrera said she was very pleased that recycling was being increased for commercial, a very important component. MPT/Herrera moved, C/Tanaka seconded, to approve the commercial refuse and recycling franchise agreement with Valley Vista Services as recommended by staff. M/Everett said he was troubled about the step up and would prefer to have some way of buffering. He is also fiscally prudent but if there were any way the City could underwrite and allow a step up from one to two years in the rate he believed it would be the right thing to do. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera NOES: COUNCIL MEMBERS: M/Everett ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said that he and his wife have been enjoying the Concerts in the Park and Movies under the Stars events. He reminded everyone about the Diamond Bar Family Festival sponsored by the D.B. Pony Baseball League and Pop Warner Football at the Little League field on Sunset Crossing Rd. from Thursday, July 23 to Sunday, July 26. C/Tye congratulated State Senator Bob Huff on his being named Senate Republican Caucus Chairman by Republican leader Dennis Hollingsworth. Apparently, the State has a budget and the supervisors were quick to say they would be filing a lawsuit and that the Executive Director of the California League of Cities would be filing a lawsuit on behalf of the cities to protect their resources. The reason D.B. is in its good fiscal condition is because it negotiates well, it saves well, it plans well and because D.B. has done all of those things now the State wants to come and raid the rainy day fund the City has put aside. C/Tye asked everyone to participate on August 3 at Heritage Park in the Site D Draft EIR Public Forum because it is important that the City has the public's input for the record. C/Chang also encouraged everyone to participate in the Site D Draft EIR Public Forum and to participate in the Parks Master Plan Town Hall Meeting at the Diamond Bar Center on Saturday, August 8. Residents can see from tonight's meeting that the Council is working hard to maintain a tight budget and remain lean and mean. He commented on the Dial -A -Ride program and the desire to JULY 21, 2009 PAGE 17 CITY COUNCIL keep the service for the benefit of all. He also spoke about the consulting service for the proposed 911 reverse system. MPT/Herrera thanked the Sheriff's Department and the Fire Department for their excellent response to last night's fire where most of the businesses were saved. She announced that at the San Gabriel Council of Governments meeting on July 16, Council Member Tom King from Walnut was elected President. She congratulated Mr. King and stated that Diamond Bar and Walnut frequently collaborate on many issues and D.B. looks forward to working with President King. M/Everett also asked residents to participate and provide input at the Site D Draft EIR Public Forum August 3 at Heritage Park and the August 8 Parks Master Plan Town Hall meeting at the Diamond Bar Center. Take time to review the documents on the City's website. He congratulated FD/Magnuson and her staff for once again being awarded a Certificate of Excellence in financial reporting. M/Everett reminded residents that from now until the end of September they can watch replays of the Concerts in the Park on Saturday and Sunday at 12:00 noon and Wednesday at 8:00 p.m. on DBTV3 and Channel 47. He said he voted tonight against three items; however, he is in full support of Dial -A -Ride; it was the hour or two that he was concerned about and felt he needed to express himself. The solid waste contracts were very significantly exercised thanks to the consultant, staff and vendors who worked to put together the details. He really likes both programs and is proud of them. He is concerned with delivery to the customers in the marketplace. With the way the economy is other agencies are deferring rates and he would have preferred D.B. to do so as well. He wished his mother-in-law Marion Hillner a happy 97th Birthday. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 8:33 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2009. RON EVERETT, MAYOR CITY COUNCIL Agenda # 6.2 Meeting Date: August 4, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register tV July 16, 2009 through July 29, 2009 totaling $1,546,930.47. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,546,930.47 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 July 16, 2009 through July 29, 2009 for $1,546,930.47 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: d�. hl-1Yr--� Financg Director Assistant City M nager Attachments: Affidavit and Check Register — 07/16/09 through 07/29/09. 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 July 16, 2009 through July 29, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,056,166.53 Prop A - Transit Fund 62,236.83 Int. Waste Mgt Fund 3,901.17 CDBG Fund 11,160.89 CA Law Enforcement Equip Fd 6,265.54 LLAD 38 Fund 21.12 LLAD 41 Fund 19.84 Capital Improvement Projects Fund 41,502.55 Self Insurance Fund 365,656.00 $1,546,930.47 Signed: Linda G. Man son Finance Director City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 09-PP15 PAYROLL TRANSFER PAYROLL TRANSFER-PP15 115 10200 3,901.17 $175,485.63 7/23/2009 85822 PAYROLL TRANSFER PAYROLL TRANSFER-PP15 125 10200 804.14 $847.75 7/23/2009 PAYROLL TRANSFER PAYROLL TRANSFER-PP15 001 10200 162,227.44 7/23/2009 85826 PAYROLL TRANSFER PAYROLL TRANSFER-PP15 112 10200 8,552.88 $240.00 7/16/2009 1 85821 JACADEMY SUCCESS REFUND -TEMP SIGN I 001 134430 1 100.001 $100.00 7/16/2009 ALLIANT INSURANCE SERVICES INC MEMO CREDIT -APR -JUN 09 001 23004 -2,542.52 7/16/2009 1 85822 JADVANTEC CONSULTING ENGINEERS INC ITRFFC SIGNAL SVCS -MAR 09 12505510 1 R46412 1 847.751 $847.75 7/16/2009 85823 ALLIANT INSURANCE SERVICES INC SPECIAL EVENT INS -APR -JUN 001 23004 11,651.44 $9,108.92 7/16/2009 ALLIANT INSURANCE SERVICES INC MEMO CREDIT -APR -JUN 09 001 23004 -2,542.52 7/16/2009 1 85824 JEMAN ALSHURAFA RECREATION REFUND 1 001 1 34740 1 79.001 $79.00 7/16/2009 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 23010 288.00 7/16/2009 85825 1GABRIELALVAREZ RECREATION REFUND 1 001 1 36615 1 400.00 $400.00 7/16/2009 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 1,200.00 7/1612009 1 85826 JAMERICAN RED CROSS TRNG-REC STAFF 0015350 1 42340 1 240.001 $240.00 7/1612009 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -216.00 7/16/2009 1 85827 JAMERICOMP GROUP INC SUPPLIES -TONERS 0014070 1 45000 1 563.73 $563.73 7/16/2009 1 85828 JAMERITECH BUSINESS SYSTEMS INC COPIER MAINT-JUN 09 0014090 42100 1,347.371 $1,347.37 7/16/2009 85829 BENESYST FLEX ADMIN SVCS -3RD QTR 10014060 1 42346 1 85.00 $85.00 7/16/2009 85830 IGUYBLACKMAN ENTERTAINMENT -CONCERT 1 0015350 1 45305 1 1,000.001 $1,000.00 7/16/2009 85831 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 001 23010 1,600.00 $2,800.00 7/16/2009 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 23010 288.00 7/16/2009 85833 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 34430 -288.00 7/16/2009 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 1,200.00 7/1612009 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 216.00 7/1612009 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -216.00 7/16/2009 1 85832 ICALIFORNIA CONTRACT CITIES ASSOC. JCCCA MTG-COUNCIL 1 0014010 1 42330 1 335.001 $335.00 7/16/2009 1 85833 1JEFFREYCALIMBAS JADDLCHARGES-DBC 1 001 1 36615 1 -50.001$476.15 Page 1 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/16/2009 7/16/2009 85833... JJEFFREY CALIMBAS JEFFREY CALIMBAS FACILITY REFUND -DBC FACILITY REFUND -DBC 001 001 23002 23004 350.00 176.15 $476.15 ... 7/16/2009 1 85834 JANTONIO CAMPOS IRECREATION REFUND 1 001 1 34760 1 196.001 $196.00 7/16/2009 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -COMM SVC 0015350 45300 136.68 7/16/2009 1 85835 JAMEDEO CASTAGNO IFACILITY REFUND -DBC 1 001 1 23002 1 500.001 $500.00 7/16/2009 1 85836 ICENTER ICE SKATING ARENA 1CONTRACT CLASS -SPRING 1 0015350 1 45320 1 60.001 $60.00 7/16/2009 1 85837 IDORIS CHANG IRECREATION REFUND 134780 1 155.00 $155.00 7/16/2009 1 85838 IJULIA CHEN IRECREATION REFUND 1 001 1 36615 1 700.001 $700.00 7/16/2009 1 85839 CHINO LUMBER & HARDWARE MAINT-COMM SVCS 1 0015340 1 42210 89.57 $89.57 7/16!2009 1 85840 JAPRIL CONOVER IRECREATION REFUND 1 001 134760 1 495.001 $495.00 7/16/2009 1 85841 ICORONA CLAY COMPANY SUPPLIES -HERITAGE 1 0015340 1 41200 1 69.951 $69.95 7/16/2009 85842 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -JUN 09 0015220 45201 19,291.67 $19,468.25 7/16/2009 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -COMM SVC 0015350 45300 136.68 7/16/2009 85844 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS-P/WKS 0015510 44000 39.90 $3,976.58 7/16/2009 85843 1 BARBARA DAHL IFACILITY REFUND -DBC 0015333 1 23002 1 100.001 $100.00 7/16/2009 DFS FLOORING CORP MAINT SVCS-PANTERA PK 0015340 42210 385.00 7/16/2009 85844 IDE LA ROSA & COMPANY IBOND REMRKTNG-APR-JUN 1 0014090 1 42129 1 3,976.581 $3,976.58 7/16/2009 1 85845 IDEPARTMENT OF JUSTICE PRE-EMPLOYMENT FINGERPRNT 1 0014060 1 42345 1 51.001 $51.00 7/16/2009 85846 DFS FLOORING CORP MAINT SVCS -DBC 0015333 42210 1,085.00 $1,855.00 7/16/2009 DFS FLOORING CORP MAINT SVCS-PANTERA PK 0015340 42210 385.00 7/16/2009 DFS FLOORING CORP MAINT SVCS -HERITAGE PK 0015340 42210 385.00 7/16/2009 85847 DH MAINTENANCE ADDL MAINT-DBC JUN 0015333 45300 125.00 $13,111.00 7/16/2009 DH MAINTENANCE JANITORIAL SVCS -DBC JUL 0015333 45300 12,250.83 7/16/2009 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 Page 2 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/16/2009 85848 DIAMOND BAR HAND CAR WASH CAR WASH-P/WORKS 0015554 42200 55.00 $250.83 7/16/2009 85855 DIAMOND BAR HAND CAR WASH CAR WAS H-NGHBRHD IMP 0015230 42200 47.96 $5,610.00 7/1612009 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 99.91 7/16/2009 85856 DIAMOND BAR HAND CAR WASH ICAR WASH -COMM SVCS 1 0015310 42200 47.96 $155.00 7/16/2009 1 85849 IDIAMOND BAR MOBIL FUEL-NGHBRHD IMP 1 0015230 1 42310 1 80.301 $80.30 7/16/2009 85850 DIAMOND BAR PETTY CASH MTG-CITY CLERK 0014030 42325 6.00 $358.66 7/16/2009 DIAMOND BAR PETTY CASH PARKING -DAY CAMP 0015350 42410 46.00 7/16/2009 85855 DIAMOND BAR PETTY CASH MTG-COMM DEV 0015210 42325 20.00 $5,610.00 7/16/2009 DIAMOND BAR PETTY CASH EMP RECOG-H/R 0014060 42347 39.99 7/16/2009 85856 DIAMOND BAR PETTY CASH PARKING -DAY CAMP 0015350 42410 40.00 $155.00 7/16/2009 DIAMOND BAR PETTY CASH SUPPLIES -RECREATION 0015350 41200 11.73 7/16/2009 85857 DIAMOND BAR PETTY CASH MTG-P/WORKS 0015510 42325 20.00 $136.02 7/16/2009 DIAMOND BAR PETTY CASH SUPPLIES -SHERIFF 0014411 41200 42.83 7/16/2009 85858 DIAMOND BAR PETTY CASH SUPPLIES -DBC 0015333 41200 97.50 $482.66 7/16/2009 DIAMOND BAR PETTY CASH MTG-GENERAL 0014090 42325 12.82 7/1612009 DIAMOND BAR PETTY CASH SUPPLIES -GENERAL 0014090 41200 21.79 7/16/2009 1 85851 DIAMOND BAR/WALNUT YMCA CDBG CHILD CARE -MAR -JUN 1255215 1 42355 1 6,290.001 $6,290.00 7/16/2009 85852 DIANA CHO & ASSOCIATES PROF.SVCS-CDBG MAY 09 1255215 1 44000 1 825.00 $3,075.00 711 612 0 0 9 DIANA CHO & ASSOCIATES PROF.SVCS-CDBG JUN 1255215 44000 2,250.00 7/16/2009 85853 PAUL DIAZ FACILITY REFUND -DBC 001 23002 800.00 $766.00 7/16/2009 PAUL DIAZ 1ADDL CHARGES -DBC 001 36615 -34.00 7/16/2009 1 85854 IDISNEYLAND EXCURSION -DAY CAMP 7/28 1 0015350 1 42410 1 5,170.001 $5,170.00 7/16/2009 1 85855 IDISNEYLAND EXCURSION -DAY CAMP 8118 1 0015350 1 42410 1 5,610.00 $5,610.00 7/16/2009 1 85856 ROBERT EMERICK RECREATION REFUND 1 001 1 34780 1 155.001 $155.00 7/16/2009 1 85857 JEWING SAN DIMAS SUPPLIES -COMM SVCS 1 0015310 1 41200 1 136.021 $136.02 7/16/2009 1 85858 IFEDEX EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 351.271 $482.66 Page 3 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/16/2009 7/1612009 85858... FEDEX FEDEX EXPRESS MAIL -GENERAL EXPRESS MAIL -GENERAL 0014090 0014090 42120 42120 77.07 1 54.32 $482.66... 7/16/2009 1 85859 IJOSEPHINE FU IRECREATION REFUND 1 001 1 34780 1 99.001 $99.00 7/16/2009 85860 MAYRA GALVAN ADDL STAFF TIME -DBC 001 36615 -100.00 $400.00 7/16/2009 MAYRA GALVAN IFACILITY REFUND -DBC 001 23002 500.00 $432.00 7/16/2009 85861 GASTINELL FACILITY REFUND -HERITAGE 001 23002 50.00 $70.00 7/16/2009 GASTINELL FACILITY REFUND -HERITAGE 001 36625 20.00 $432.00 7/16/2009 1 85862 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VEIW 7/10 1001 123005 1 4,875.001 $4,875.00 7/16/2009 HOME DEPOT CREDIT SERVICES SUPPLIES -DBC 0015333 41200 50.24 $432.00 7/16/2009 1 85863 IGOVIS LLC ICOMP MAINT-TRANSIT SYSTEM 1 1125553 1 42205 1 5,000.001 $5,000.00 7/16/2009 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 61.70 7/16/2009 1 85864 JGOVPARTNER IREQUEST PARTNER -JULY 10014070 1 44030 1 850,001 $850.00 7/16/2009 1 85865 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL -JUN 09 1 0015230 1 45520 1 5,200.001$5,200.00 7/1612009 1 85866 IGRAND MOBIL IVEH MAINT-ROAD MAINT 0015554 1 42200 1 167.461 $167.46 7/16/2009 1 85867 ISHERYL HAYES IRECREATION REFUND 1 001 1 34720 1 43.001 $43.00 7/16/2009 1 85868 IJOYCE HELMER IRECREATION REFUND 1 001 1 34780 1 72.001 $72.00 7/16/2009 1 85869 JAMOND HENDERSON IFACILITY REFUND -DBC 1001 1 36615 1 400.00 $400.00 7/16/2009 1 85870 IMIGUALIA HERNANDEZ RECREATION REFUND 1 001 1 34780 1 495.00 $495.00 7/16/2009 85871 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015350 41200 345.07 $590.57 7/16/2009 HOME DEPOT CREDIT SERVICES SUPPLIES -DBC 0015333 41200 50.24 $432.00 7/16/2009 85873 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 133.56 7/16/2009 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 61.70 7/16/2009 1 85872 JAMBER HUMMEL IFACILITY REFUND -DBC 1001 1 23002 1 550.001 $550.00 $432.00 7/16/2009 1 85873 IRIZWANA HUSSAIN JADDL STAFF TIME -CLEAN UP 1 001 1 36615 1 -68.001 Page 4 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/16/2009 85873... RIZWANA HUSSAIN FACILITY REFUND -DBC 001 23002 500.00 $432.00 ... 7/16/2009 1 85874 ICHANG YEOL HYUN IRECREATION REFUND 001 1 34780 1 155.00 $155.00 7/16/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2008-337 001 23010 280.50 7/16/2009 1 85875 JIMPACTSIGNS SUPPLIES -RECREATION 0015350 1 41200 1 163.881 $163.88 7/16/2009 85876 INLAND VALLEY DAILY BULLETIN LEGAL AD -NOTICE OF ELECTN 0014030 42390 111.25 $1,891.50 7/16/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2008-337 001 23010 280.50 7/16/2009 85879 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2009-350 001 23010 266.75 $91.00 7/16/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-259 001 23010 290.50 7/16/2009 85880 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2009-352 001 23010 317.50 $91.00 7/16/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2009-352 001 23010 317.50 7/16/2009 85881 INLAND VALLEY DAILY BULLETIN ILEGAL AD -FPL 2007-296 001 23010 307.50 $415.00 7/16/2009 85877 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS JUN 0014020 44020 3,684.60 $7,832.00 7/16/2009 JENKINS & HOGIN, LLP LEGAL SVCS -GENERAL JUN 0014020 44020 2,830.20 7/16/2009 85879 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV JUN 0014020 44020 1,157.00 $91.00 7/16/2009 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS 0014020 44020 160.20 7/16/2009 1 85878 IKEITH JOHNSON ENTERTAINMENT -SR LUAU 1 0015350 1 45300 1 350.001 $350.00 7/16/2009 1 85879 IJIN KANG IRECREATION REFUND 001 34780 1 91.001 $91.00 7/16/2009 1 85880 jHYE YUNG KIM IRECREATION REFUND 1 001 1 34780 1 91.001 $91.00 7/16/2009 1 85881 ICHARLEY KUO IRECREATION REFUND 1 001 1 34760 1 415.001 $415.00 7/16/2009 1 85882 KUSTOM SIGNALS INC ISPEED TRAILER -SHERIFF 1 1284411 1 46250 6,265.541$6,265.54 7/16/2009 1 85883 ILA OPINION LEGAL AD -NOT OF ELECTION 0014030 1 42390 1 277.501 $277.50 7/16/2009 1 85884 ILANGUAGE LINK TRANSLATION -ELECTION 0014030 1 42390 1 462.00 $462.00 7/16/2009 1 85885 JLASER QUEST CHINO EXCURSION -DAY CAMP 0015350 1 42410 1 1,332.001 $1,332.00 7/16/2009 1 85886 JLDM ASSOCIATES INC. PROF.SVCS-HIP PROG JUN 1255215 1 44000 1 991.751 $991.75 Page 5 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 1 Amount Total Check Amount 7/16/2009 85887 KWANG HO LEE PLNG COMM -5/26 0015210 44100 1 $65.00 7/16/2009 85888 LEWIS ENGRAVING INC. SUPPLIES -COMM SVCS 0015350 41200 44.25 $83.76 7/16 0 0 9 1 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILES 1 0014090 42113 1 1 39.51 7/16/2009 85889 JULIANNA LIN RECREATION REFUND 001 34780 34.00 $34.00 7/16/2009 1 VERONIQUE NUNEZ FACILITY REFUND -DBC 001 23002 500.00 7/1612009 1 85890 ILIVESOUND CONCEPTS SOUND SYS -CONCERTS 1 0015350 1 45305 1 640.00 $640.00 7/16/2009 1 85891 LOS ANGELES COUNTY PUBLIC WORKS jTRFFC SIGNAL MAINT-MAY 1 0015554 1 45507 1 504.21 $504.21 7/1612009 1 85892 ILOS ANGELES COUNTY SHERIFF'S DEPT. ISTAR DEPUTY SVCS -JUN 1 0014411 1 45401 1 9,245.711 $9,245.71 7/1612009 1 85893 LOS ANGELES SUPERIOR COURT PARKING CITATION FEES -MAY 001 1 32230 1 2,736.00 $2,736.00 7/1612009 1 85894 JULY MA IRECREATION REFUND 001 34780 193.001 $193.00 7/16/2009 1 85895 IVIRGINIA MENDEZ RECREATION REFUND 001 1 34780 1 155.001$155.00 7/16/2009 1 85896 IMERCHANTS BUILDING MAINTENANCE LLC MAINT-DBC 0015333 1 42210 1 2,499.00 $2,499.00 7/1612009 1 85897 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015333 1 41200 1 8.001 $8.00 7/16/2009 1 85898 MT CALVARY LUTHERAN CHURCH & SCHOOL FACILITY RENTAL -MAR -JUN 1 0015350 1 42140 1 5,100.00 $5,100.00 7/16/2009 85899 ANAND NAYAK RECREATION REFUND 001 34760 1 120.00 $120.00 7/16/2009 1 85900 ISTEVE G NELSON JPLNG COMM -5/26 1 0015210 1 44100 1 65.00 $65.00 7/16/2009 1 85901 INEXTEL COMMUNICATIONS ICELL CHRGS-GENERAL 1 0014090 1 42130 1 511.38 $511.38 7/16/2009 1 85902 1KATHLEEN ERIN NOLAN PLNG COMM -5126 0015210 1 44100 1 65.001 $65.00 7/16/2009 1 85903 ITHERESA NORTON IFACILITY REFUND -DBC 1 001 1 36615 1 533.32 $533.32 7/16/2009 1 85904 VERONIQUE NUNEZ ADDL RENTAL FEE -DBC 001 36615 -200.00 $500.00 7/16/2009 1 VERONIQUE NUNEZ FACILITY REFUND -DBC 001 23002 500.00 Page 6 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/16/2009 85904... VERONIQUE NUNEZ FACILITY REFUND -DBC 001 1 23002 1 20D.001 $500.00 ... 7/16/2009 1 85905 1 IDANELIS PALED IRECREATION REFUND 1 001 1 34780 1 145.001 $145.00 7/16/2009 1 IREBECCA RIOS FACILITY REFUND -DBC 001 1 23002 700.00 7/16/2009 1 85906 ILORETTA PEREZ IRECREATION REFUND 1 001 1 34780 1 60.001 $60.00 7/16/2009 1 85907 VERONICA PEREZ IFACILITY REFUND -HERITAGE 001 1 23002 1 50.001 $50.00 7/16/2009 1 85908 ISOPHIA PRADO IRECREATION REFUND 1 001 1 34760 1 120.001 $120.00 7/16/2009 1 85909 IPRIORITY MAILING SYSTEMS INC SUPPLIES -MAILING SYS 1 0014090 1 41200 1 234,151 $234.15 7/16/2009 1 85910 IREPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-DBB 1 0015554 1 45507 1 1,118.881 $1,118.88 7/16/2009 1 85911 IMARY ANN REYES IRECREATION REFUND 1 001 1 34760 1 320.501 $320.50 7/16/2009 85912 REBECCA RIOS ADDL STAFF TIME -DBC 001 1 36615 34.00 $666.00 7/16/2009 1 IREBECCA RIOS FACILITY REFUND -DBC 001 1 23002 700.00 7/16/2009 1 85913 IMONICA RODRIGUEZ IFACILITY REFUND -DBC 001 136615 1 400.001 $400.00 7/16/2009 1 85914 PATSY RODRIGUEZ STAFF TIME -CLEAN UP 001 36615 -17.00 $533.00 7/16/2009 1 PATSY RODRIGUEZ FACILITY REFUND -DBC 001 23002 1 550.00 7/16/2009 1 85915 ICHRISTINE SALVADOR IRECREATION REFUND 1 001 1 34760 1 317.001 $317.00 7/16/2009 SEMPRA ENERGY MTG-COUNCIL 0014010 1 42325 35.40 1 7/16/2009 1 85916 ISAN GABRIEL VALLEY CITY MGR ASSC IMEMBERSHIP DUES -09/10 1 0014030 1 42315 1 55.001 $55.00 7/16/2009 1 85917 1HEATHER SAN LUIS IFACILITY REFUND-PANTERA 1 001 1 23002 1 50.001 $50.00 7/16/2009 1 85918 ISECTRAN SECURITY INC. COURIER SVCS -JULY 09 1 0014090 1 44000 1 299.731 $299.73 7/16/2009 85919 SEMPRA ENERGY MTG-COUNCIL 0014010 42325 35.40 $70.80 7/16/2009 SEMPRA ENERGY MTG-COUNCIL 0014010 1 42325 35.40 1 7/16/2009 1 85920 IRANIASHAHWAN IRECREATION REFUND 1 001 1 34740 1 153.001 $153.00 Page 7 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/16/2009 85921 JULIE SOSA FACILITY REFUND -DBC 001 23002 1 350.00 $350.00 7/16/2009 1 85922 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 529.47 $1,176.22 7/16/2009 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 1 1 646.75 7/16/2009 85923 ISOUTHWEST SALES INC SUPPLIES -RECREATION 0015350 1 41200 1 356.811 $356.81 7/16/2009 STITCHES UNIFORMS & EMBROIDERY UNIFORMS -RECREATION 0015350 41200 5,770.68 7/16/2009 1 85924 ISTEVE AND GINA GOMEZ IFACILITY REFUND-PANTERA 1 001 1 23002 1 990.001 $990.00 7/16/2009 85925 STITCHES UNIFORMS & EMBROIDERY SUPPLIES -RECREATION 0015350 41200 59.13 $6,635.41 7/16/2009 STITCHES UNIFORMS & EMBROIDERY UNIFORMS -RECREATION 0015350 41200 5,770.68 7/1612009 85927 STITCHES UNIFORMS & EMBROIDERY UNIFORMS -RECREATION 0015350 41200 607.00 $15,786.10 7/16/2009 STITCHES UNIFORMS & EMBROIDERY UNIFORMS -RECREATION 0015350 41200 198.60 7/16/2009 1 85926 IKATHY SUEN I RECREATION REFUND 001 1 34760 1 100.001 $100.00 7/16/2009 THE COMDYN GROUP INC PROF.SVCS-I.T. WK 6/30 0014070 44000 2,031.25 7/1612009 1 85927 ITAMANG ELECTRIC INC CONSTRCTN-GENERATOR DBC 250 1 20300 1 15,786.10 $15,786.10 7/16/2009 1 85928 IJESSIE TANG IRECREATION REFUND 001 1 34780 1 60.00 $60.00 7/16/2009 1 85929 ITELEPACIFIC COMMUNICATIONS ITI INTERNET SVCS -JULY 0014070 1 44030 1 924.871 $924.87 7/16/2009 1 85930 ITENNIS ANYONE ICONTRACT CLASS -SPRING 0015350 1 45320 5,083.40 $5,083.40 7/16/2009 85931 THE COMDYN GROUP INC PROF.SVCS-I.T. WK 6126 0014070 44000 201.60 $2,568.85 7/16/2009 THE COMDYN GROUP INC PROF.SVCS-I.T. WK 6/30 0014070 44000 2,031.25 7/16/2009 85935 THE COMDYN GROUP INC PROF.SVCS-I.T. WK 7/3 0014070 44000 336.00 $116.01 7/16/2009 1 85932 ITHE KOREA TIMES INC I LEGAL AD -NOT OF ELECTION 1 0014030 1 42390 1 244.001 $244.00 7/16/2009 85933 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-TRFFC INTRCNNCT 0015510 42115 151.75 $422.25 7/16/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FAMILY FESTIVAL 0015210 42115 270.50 7/16/2009 1 85934 ITIME WARNER JINTERNET SVCS-I.T. 1 0014070 1 44030 1 252.601 $252.60 7/16/2009 1 85935 ITIME WARNER IMODEM SVCS -HERITAGE PK 1 0015340 1 42126 1 116.011 $116.01 Page 8 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/16/2009 85936 KIM TRAN RECREATION REFUND 001 34780 32.00 $32.00 7/16/2009 1 85937 ITRANSCORE LLC ITRFFC MNGMNT SYS -JUN 09 1 2505510 1 R46412 1 9,365.00 $9,365.00 7/16/2009 VERIZON CALIFORNIA PH.SVCS-REAGAN 0015340 42125 87.93 7/16/2009 1 85938 JTRG LAND INC 1PROF SVCS -SITE "D" PLAN 0015240 1 R44000 1 10,530.461 $10,530.46 7/16/2009 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 175.12 7/16/2009 1 85939 TRI -CITIES POOL SERVICE & REPAIR FOUNTAIN MAINT-DBC 1 0015333 1 45300 1 160.00 $160.00 7/16/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL P/P 0015340 42125 87.93 7/16/2009 1 85940 ISTEVEN TSAO RECREATION REFUND 1 001 1 34780 1 120.001 $120.00 7/16/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 87.93 7/16/2009 1 85941 JUCN INC ILONG DIST SVCS -JUN 1 0014090 1 42125 1 51.531 $51.53 7/16/2009 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 73.95 7/16/2009 1 85942 JUNION BANK OF CALIFORNIA ILOC FEE -MAR -JUN 09 0014090 1 42129 1 16,958.331 $16,958.33 7/16/2009 85943 VERIZON CALIFORNIA PH.SVCS-HERITAGE/ALARM 0015340 42125 58.98 $1,015.93 7/16/2009 VERIZON CALIFORNIA PH.SVCS-REAGAN 0015340 42125 87.93 7/16/2009 85946 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 88.33 $670.00 7/16/2009 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 175.12 7/16/2009 85947 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 59.88 $500.00 7/16/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL P/P 0015340 42125 87.93 7/16/2009 85948 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 258.95 $100.00 7/16/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 87.93 7/16/2009 VERIZON CALIFORNIA PH.SVSC-HERITAGE CTR 0015340 42125 36.93 7/16/2009 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 73.95 7/16/2009 85944 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -APR -MAY 0015350 42140 4,248.00 $6,648.00 7/16/2009 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -MAY 09 0015350 42140 360.00 7/16/2009 85946 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY REFUND -MAY 09 0015350 42140 2,040.00 $670.00 7/16/2009 1 85945 IWAYNE PERRY INC IROW DEPOSIT -PW 1469 001 1 23012 1 500.00 $500.00 7/16/2009 1 85946 IWEST COAST ARBORISTS INC IWATERING SVCS -JUN 09 1 0015558 1 45510 1 670.001 $670.00 7/16/2009 1 85947 IWILDLIFE CORRIDOR CONSERVATION AUTH IMEMBERSHIP DUES -09/10 1 0014090 1 42315 1 500.001 $500.00 7/16/2009 1 85948 1 LYNN WONG IRECREATION REFUND 1 001 1 34760 1 100.001 $100.00 Page 9 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date ICheckNumberl Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 7/16/2009 1 85949 IJUDY YANG RECREATION REFUND 001 1 34760 1 205.001 $205.00 7/23/2009 1 A AMERICAN SELF STORAGE STORAGE RENTAL-I.T. 0014090 42140 122.00 7/16/2009 1 85950 JYI TONY TORNG PLNG COMM -5/26 0015210 1 44100 1 65.001 $65.00 7/23/2009 ANDREA D TARAZON SUPPLIES -JULY 4TH 0015350 41200 20.88 7/16/2009 1 85951 IMAGGIE ZHAO IRECREATION REFUND 001 1 34760 1 317.00 $317.00 7/23/2009 1 85952 3CMA MEMBERSHIP DUES-P/INF 0014095 1 42315 1 800.00 $800.00 7/23/2009 85953 AAMERICAN SELF STORAGE STORAGE RENTAL -RECREATION 0014090 42140 259.00 $1,676.00 7/23/2009 1 A AMERICAN SELF STORAGE STORAGE RENTAL-I.T. 0014090 42140 122.00 7/23/2009 85955 AAMERICAN SELF STORAGE STORAGE RENTAL-I.T. 0014090 42140 1,295.00 $594.00 7/23/2009 1 85954 JENNIFERABELEDA PK REFUND -R REAGAN PK 001 23002 1 50.00 $50.00 7/23/2009 1 ALISON D MEYERS SUPPLIES REIMB-DAY CAMP 0015350 41200 1 1 25.84 7/23/2009 1 85955 JAJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 1 14.39$14.39 $594.00 7/23/2009 ANDREA D TARAZON SUPPLIES -JULY 4TH 0015350 41200 20.88 F --7/-23-1-20-0-9-T 85956 JALBERTSONS SUPPLIES -ADULT EXCULSION 0015350 1 41200 1 42.13 $42.13 7/23/2009 1 85957 ALISON D MEYERS SUPPLIES REIMB-DAY CAMP 0015350 41200 113.35 $139.19 7/23/2009 1 ALISON D MEYERS SUPPLIES REIMB-DAY CAMP 0015350 41200 1 1 25.84 7/23/2009 1 85958 ITHOMAS ALKAM PK REFUND -DBC 1 001 1 23002 1 466.001 $466.00 7/2312009 85959 ANDREA D TARAZON SUPPLIES -JULY 4TH 0015350 41200 82.09 $145.75 7/23/2009 ANDREA D TARAZON SUPPLIES -YOUTH BASEBALL 0015310 41200 21.93 7/23/2009 85961 ANDREA D TARAZON SUPPLIES -CONCERT 0015350 41200 20.85 $594.00 7/23/2009 ANDREA D TARAZON SUPPLIES -JULY 4TH 0015350 41200 20.88 7/23/2009 1 85960 JARMIJO NEWSPAPER & PR AD -CONCERTS IN PARK 1 0014095 1 42115 1 300.00 $300.00 7/23/2009 PUNITA BAKSHI RECREATION REFUND 001 34780 94.00 7/23/2009 1 85961 DEBBIE AVILA CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 594.00 $594.00 7/23/2009 85962 PUNITA BAKSHI RECREATION REFUND 001 34780 193.00 $287.00 7/23/2009 PUNITA BAKSHI RECREATION REFUND 001 34780 94.00 7/23/2009 1 85963 BENESYST 7/24/09 P/R DEDUCTIONS 1 001 1 21105 1 691.07 $691.07 Page 10 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 85964 BUSINESS TELECOMMUNICATION SYS INC. CONTRACT SVCS-CH0014070 0015350 45000 4,486.68 $6,451.92 7/23/2009 BUSINESS TELECOMMUNICATION SYS INC. CONTRACT SVCS -DBC 0014070 45000 1,965.24 7/23/2009 1 85965 IMYRA BUSTAMANTE jPK REFUND -R REAGAN PK 1 001 1 23002 1 50.00 $50.00 7/23/2009 85966 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-BATSON 0015350 42315 140.00 $1,160.00 7/23/2009 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-MURPHEY 0015350 42315 140.00 7/23/2009 85968 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-MEYERS 0015350 42315 140.00 $1,350.00 7/23/2009 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES -ROSE 0015310 42315 450.00 7/23/2009 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-SEILER 0015310 42315 135.00 7/23/2009 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-MEYER 0015350 1 42315 1 155.00 7/23/2009 1 85967 ISHIRLEY CARTER IRECREATION REFUND 0015333 134730 1 55.001 $55.00 7/23/2009 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 50.15 7/23/2009 1 85968 ICASINO DE PARIS CORP ENTERTAINMENT -SR CASINO 0015350 1 45300 1 1,350.001 $1,350.00 7/23/2009 85969 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 219.23 $437.84 7/23/2009 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 50.15 7/23/2009 85972 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 168.46 $99.00 7/23/2009 85970 CDW GOVERNMENT INC. SOFTWARE-I.T. 0014070 46235 1,763.20 $10,673.70 7/23/2009 CDW GOVERNMENT INC. SOFTWARE-I.T. 0014070 46235 1,058.38 7/23/2009 85972 CDW GOVERNMENT INC. EQUIP -TR MGT SYS 1125553 46230 849.00 $99.00 7/23/2009 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 46230 173.51 7/23/2009 CDW GOVERNMENT INC. EQUIP - TR MGT SYST 1125553 46230 3,130.01 7/23/2009 CDW GOVERNMENT INC. EQUIP - I.T. 0014070 46250 1,073.93 7/23/2009 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41300 402.04 7/23/2009 CDW GOVERNMENT INC. SUPPLIES -17. 0014070 42205 523.31 7/23/2009 CDW GOVERNMENT INC. SUPPLIES-I.T_ 0014070 46230 65.55 7/23/2009 GDW GOVERNMENT INC. SUPPLIES -17. 0014070 41300 1,634.77 7/23/2009 85971 IJAMES CENTENO JPK REFUND -DBC 1 001 23002 1 500.001 $500.00 7/23/2009 1 85972 ICENTER ICE SKATING ARENA ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 99.001 $99.00 Page 11 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 85973 BETTY CHANG RECREATION REFUND 001 34780 1 69.00 $69.00 7/23/2009 1 85974 JEN-CHUN CHAD IRECREATION REFUND 1 001 1 34760 1 350.001 $350.00 7/23/2009 DUNN'S FENCE COMPANY TEMP FENCE-LORBEER FIELD 0015340 42210 1 1,746.25 7/23/2009 1 85975 IJUDY CHEN IRECREATION REFUND 1 001 1 34780 1 171.001 $171.00 7/23/2009 1 85976 IVICKY CHEN IRECREATION REFUND 001 134780 1249.001 $249.00 7/23/2009 1 85977 ICHINESE DAILY NEWS, INC AD -ELECTION 1 0014030 1 42390 1 200.001 $200.00 7/23/2009 1 85978 IKAREN CHIU RECREATION REFUND 1 001 1 34780 1 70.001 $70.00 7/23/2009 1 85979 ICHRIS CHOI IRECREATION REFUND 1001 34780 1 330.00 $330.00 7/23/2009 1 85980 JABEL COSS IRECREATION REFUND 1 001 1 34780 1 94.001 $94.00 7/23/2009 1 85981 ICTS LANGUAGE LINK ITRANSLATION SVCS-P/IN 1 0014095 1 44000 1 277.501 $277.50 7/23/2009 1 85982 ICAROL DENNIS PROF SVCS-P&R MTG 1 0015310 1 44000 1 100.001 $100.00 7/23/2009 1 85983 IDEPARTMENT OF CONSERVATION ISMIP FEES -APR -JUN 09 001 1 34350 1 260.57 $260.57 7/23/2009 1 85984 IDIAMOND BAR HIGH SCH LEO CLUB JPK REFUND-PANTERA PK 1001 1 23002 1 50.00 $50.00 7/23/2009 1 85985 IDIEHL EVANS AND COMPANY LLP IPROF SVCS -AUDITING 1 0014050 1 44010 1 ,000.00 $3,000.00 7/23/2009 1 85986 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE -MAY 09 1 1125553 1 45529 1 43,826.691 $43,826.69 7/23/2009 1 85987 IDIVERSIFIED PRINTERS PRINT SVCS -CITY NEWS 1 0014095 1 44000 1 3,449.731 $3,449.73 7/23/2009 1 85988 IDOGGIE WALK BAGS INC SUPPLIES -COMM SVCS 1 0015340 1 41200 1 1,692.25 $1,692.25 7/23/2009 85989 DUNN'S FENCE COMPANY TEMP FENCE-PANTERA PK 0015340 42210 2,212.50 $3,958.75 7/23/2009 DUNN'S FENCE COMPANY TEMP FENCE-LORBEER FIELD 0015340 42210 1 1,746.25 7/23/2009 1 85990 JEDUCATION TO GO ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 110.00 $110.00 Page 12 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 85991 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 115.00 $440.00 7/23/2009 85993 EXTERMINETICS OF SO CAL INC PEST CONTROL-SYC CYN PK 0015340 42210 100.00 $20.00 712312009 EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON PK 0015340 42210 100.00 7/23/2009 85994 EXTERMINETICS OF SO CAL INC PEST CONTROL-PCGROW PK 0015340 42210 125.001 1 7/23/2009 1 85992 BRUCE FINN JPK REFUND -HERITAGE PK 1 001 1 23002 1 200.00 $200.00 7/2312009 ILANDS'END BUSINESS OUTFITTERS CREDIT MEMO 0015350 412011 1 -262.24 7/23/2009 1 85993 IMARY FUENTES RECREATION REFUND 1 001 1 34780 1 20.00 $20.00 7/23/2009 1 85994 IDIANA GARCIA IRECREATION REFUND 1 001 1 34780 1 40.001 $40.00 7/23/2009 1 85995 IGLOBAL LEARNING SYSTEMS ICOMP MAINT-I.T. 0014070 1 42205 1 2,995.00 $2,995.00 7/23/2009 1 85996 IGRANICUS INC SVCS -07/09 - 06110 0014070 1 44030 1 12,000.00 $12,000.00 7/23/2009 1 85997 ISHANNON GRIFFITHS ICONTRACT CLASS- SUMMER 1 0015350 1 45320 1 249.60 $249.60 7/2312009 1 85998 HARBHAYAN HANJAN PK REFUND -DBC 001 123002 1 350.00 $350.00 7/2312009 1 85999 MIN -1 HSU IRECREATION REFUND 1 001 1 34780 1 70.00 $70.00 7/23/2009 1 86000 1 D E A S LLC TRNG-P/INF 0014095 1 42340 1 995.00 $995.00 7/23/2009 1 86001 INLAND EMPIRE MAGAZINE AD-DBC/JUL 09 0014095 1 42115 1,295.00 $1,295.00 7/23/2009 1 86002 YASMEEN KADRI IRECREATION REFUND 001 1 34780 1 100.001 $100.00 7/23/2009 1 86003 VINOD KUMAR JPK REFUND -DBC 001 23002 1 350.00 $350.00 7/23/2009 1 86004 CHE-JEN KUO IRECREATION REFUND 001 1 34780 1 145.00 $145.00 7/23/2009 1 86005 CONNIE KWAN IRECREATION REFUND 001 1 34780 1 55.00 $55.00 7/2312009 1 86006 ICYNTHIA LAI RECREATION REFUND 001 1 34780 1 165.00 $165.00 7/23/2009 1 86007 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS-REC 0015350 41200 779.29 $517.05 7/2312009 ILANDS'END BUSINESS OUTFITTERS CREDIT MEMO 0015350 412011 1 -262.24 Page 13 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 7/23/2009 86015 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -JUN 09 0014411 45402 7,017.50 $416,111.70 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 1 86008 ILANTERMAN DEV CENTERICOMM INDUSTRIE IPARKING MAINT-JUN 09 0015558 1 45503 1 1,982.761 $1,982.76 7/23/2009 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -JUN 09 1125553 45402 136.63 7/23/2009 1 86009 ILASERLOCK SPECIALTIES INC EQUIP -LASER HOLSTER 0014411 1 41300 1 1,283.251 $1,283.25 7/23/2009 1 86010 IJACKIE LE jPK REFUND-PANTERA PK 001 1 36625 1 20.001 $20.00 7/23/2009 1 86011 ILEWIS ENGRAVING INC. JENGRAVING SVCS -BADGES 0014090 1 42113 1 49.23 $49.23 r-7—/2-3—/2-0-09-7 86012 ILINDA G MAGNUSON REIMB-GFOA 6/28-07/01 1 0014050 1 42330 1 323.51 $323.51 7/23/2009 1 86013 ILIVESOUND CONCEPTS ISOUND SYS -CONCERTS 1 0015350 1 45305 1 640.001 $640.00 7/23/2009 1 86014 JIRINA LOFTON IRECREATION REFUND 1 001 1 34780 1 70.001 $70.00 7/23/2009 86015 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -JUN 09 0014411 45402 7,017.50 $416,111.70 7/23/2009 LOS ANGELES COUNTY SHERIFF'S DEPT. CLICK IT OR TICKET -JUN 09 0014411 45402 273.27 7/23/2009 86017 LOS ANGELES COUNTY SHERIFF'S DEPT. LAW ENF SVCS -JUN 09 0014411 45401 408,684.30 $400.00 7/23/2009 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -JUN 09 1125553 45402 136.63 7/23/2009 1 86016 ILOS ANGELES SUPERIOR COURT IPARKING CITATION FEES 1 001 1 32230 1 2,432.001 $2,432.00 7/23/2009 MCE CORPORATION RIGHT -OF -WAY -JUN 09 0015554 45522 965.49 7/23/2009 1 86017 IYUTSUNG LU jPK REFUND -DBC 1 001 1 36615 1 400.001 $400.00 7/23/2009 86018 MCE CORPORATION ROAD MAINT-JUN 09 0015554 45502 7,579.01 $8,812.07 7/23/2009 MCE CORPORATION RIGHT -OF -WAY -JUN 09 0015554 45522 965.49 7/23/2009 NICE CORPORATION STORM DRAIN MAINT-JUN 09 0015554 45512 267.57 7/23/2009 86019 MERCURY DISPOSAL SYSTEMS INC BATTERY RECYCLING 1155515 44000 428.04 $0.00 7/23/2009 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BATTERIES 1155515 44000 -428.04 7/23/2009 MERCURY DISPOSAL SYSTEMS INC BATTERY RECYCLING 1155515 44000 -428.04 7/23/2009 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BATTERIES 1155515 44000 428.04 7/23/2009 86020 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 2505510 46411 138.70 $242.93 7/23/2009 MINUTEMAN PRESS R & D BLUEPRINT PRINTING - STREET MAINT 0015510 42110 56.38 7/23/2009 MINUTEMAN PRESS R & D BLUEPRINT PLANS -TRAFFIC SIGNAL 0015510 42110 47.85 Page 14 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 86021 MISAC TECH PROGRAM 0014070 42315 100.00 $740.00 7/23/2009 86024 MISAC MEMBERSHIP DUES-DESFORGES 0014070 42315 240.00 $317.76 7/23/2009 MISAC MEMBERSHIP DUES-DOYLE 0014070 42315 200.00 7/23/2009 86032 MISAC MEMBERSHIP DUES-AZIZ 0014070 42315 200.00 $9,864.09 7/23/2009 86022 MUNICIPAL SOFTWARE CORPORATION COMP MAINT-I.T. 0014070 422059,150.00 15,365.00 $29,150.00 7/23/2009 1 MUNICIPAL SOFTWARE CORPORATION DEV SVCS SOFTWARE-I.T. 0014070 R46235 1 20,000.00 7/23/2009 1 86023 NORRIS REPKE INC ST REHAB -CHINO HILLS PKWY 2505510 1 46411 1 15,365.00 $15,365.00 7/23/2009 1 ONCE UPON A TIME CREATIONS SUPPLIES -SR CASINO NIGHT 0015350 45300 1 193.91 1 7/23/2009 1 86024 JOLYMPIC STAFFING SERVICES TEMP SVCS -COMM SVCS 0015310 1 44000 1 317.761 $317.76 7/23/2009 1 86025 ONCE UPON A TIME CREATIONS SUPPLIES -SR CASINO NIGHT 0015350 45300 1,507.65 $1,701.56 7/23/2009 1 ONCE UPON A TIME CREATIONS SUPPLIES -SR CASINO NIGHT 0015350 45300 1 193.91 1 7/23/2009 1 86026 KIRK PARENT IRECREATION REFUND 1 001 1 34780 1 55.00 $55.00 7/23/2009 86027 PERS HEALTH HEALTH INS PREM-AUG'09 001 21105 30,750.46 $31,399.06 7/23/2009 PERS HEALTH HEALTH INS PREM-AUG'09 0014090 40086 505.00 7/23/2009 86031 PERS HEALTH HEALTH INS PREM-AUG'09 0014060 40093 143.60 $1,200.00 7/23/2009 86028 PERS RETIREMENT RETIRE CONTRIB-ER 001 21109 313.32 $530.20 7/23/2009 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 7/23/2009 86031 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 208.88 $1,200.00 7/23/2009 86029 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,718.93 $24,578.07 7/23/2009 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 7/23/2009 86031 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,812.64 $1,200.00 7/23/2009 1 86030 PERVO PAINT CORP SUPPLIES -ROAD MAINT 0015554 1 41250 1 1,756.00 $1,756.00 7/23/2009 1 86031 PRESENT TENSE BAND -CONCERT IN THE PARK 0015350 1 45305 1 1,200.00 $1,200.00 7/23/2009 1 86032 R F DICKSON COMPANY IST SWEEPING SVCS -JUN 09 1 0015554 1 45501 1 9,864.091 $9,864.09 7/23/2009 1 86033 IREINBERGER PRINTWERKS IPRINT SVCS -BUS CARDS 1 0014095 1 42110 1 394.00 $394.00 Page 15 City of Diamond Bar -Check Register 07/16/09 thru 07/29/09 7/23/2009 86037 SAFEWAY SIGN COMPANY SUPPLIES -ROAD MAINT 0015554 41250 1,078.83 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 86034 jRHF INC. JEQ MAINT-SHERIFF DEPT 0014411 1 42200 1 247.121 $247.12 1 23002 1 100.00 $100.00 7/23/2009 86035 CHARLENE RUBIO IRECREATION REFUND 1 001 1 34780 1 72.001 $72.00 IMEMBERSHIP DUES -ROA 1 0014095 1 42315 1 75.001 $75.00 7/23/2009 86036 S & S WORLDWIDE INC SUPPLIES -DAY CAMP 0015350 41200 57.001 $57.00 7/23/2009 86037 SAFEWAY SIGN COMPANY SUPPLIES -ROAD MAINT 0015554 41250 1,078.83 $1,485.24 7/23/2009 ISAFEWAY SIGN COMPANY SUPPLIES -ROAD MAINT 0015554 41250 1 406.41 1 7123/2009 1 86038 JALEJANDRA SAMPSON JPK REFUND -HERITAGE PK 1 001 36610 1 200.001 $200.00 7/23/2009 SIMPSON ADVERTISING INC DESIGN SVCS -CITY NEWS 0014095 44000 1,175.00 7/23/2009 1 86039 1HEATHER SAN LUIS jPK REFUND-PANTERA PK 1 001 1 23002 1 100.00 $100.00 7/23/2009 1 86040 ISCAN NATOA IMEMBERSHIP DUES -ROA 1 0014095 1 42315 1 75.001 $75.00 7/23/2009 1 86041 ISILVER STATE COACH INC IEXCURSION-HLLYWD BOWL 1125350 1 45310 1 741.621 $741.62 7/23/2009 86042 SIMPSON ADVERTISING INC DESIGN SVCS -BROCHURES 0014095 44000 875.00 $3,970.00 7/23/2009 SIMPSON ADVERTISING INC DESIGN SVCS -CITY NEWS 0014095 44000 1,175.00 7/23/2009 SIMPSON ADVERTISING INC DESIGN SVCS -CITY NEWS 0014095 44000 1,920.00 7/23/2009 1 86043 JED SLEDGE ENTERTAINMNT-TEEN NIGHT 0015350 1 45300 1 675.00 $675.00 7/23/2009 86044 SOLARWINDS.NET INC. COMP MAINT-RENEWAL 0014070 42205 495.00 $890.00 7/23/2009 SOLARWINDS.NET INC. COMP MAINT-RENEWAL 0014070 42205 395.00 7/23/2009 1 86045 IJENNY SONG RECREATION REFUND 1 001 1 34780 1 70.001 $70.00 7/23/2009 86046 SOUTHERN CA EDISON ELECT SVCS -DIST 38 1385538 42126 21.12 $9,366.15 7/23/2009 SOUTHERN CA EDISON ELECT SVCS -DIST 41 1415541 42126 19.84 7/23/2009 SOUTHERN CA EDISON ELECT SVCS -DBC 0015333 42126 9,325.19 7/23/2009 1 86047 ISOUTHERN CA EDISON SVCS -GOLDEN SPRINGS 1 0015510 1 42126 1 271.791 $271.79 7/23/2009 86048 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 110.94 $629.49 7123/2 ISOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 1 1 56.74 Page 16 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 86048... SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 46.10 $629.49... 7/23/2009 86053 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 58.23 $40.00 7/23/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 55.38 7/23/2009 86057 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 50.59 $46.95 7/23/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 84.68 7/23/2009 86058 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 42126 96.99 $547.20 7/23/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFF CONTRL 0015510 1 42126 69.84 7/23/2009 86049 STANDARD INSURANCE OF OREGON AUG 09 -LIFE INS PREMIUM 001 21106 1,152.88 $3,056.11 7/23/2009 1 STANDARD INSURANCE OF OREGON AUG 09-SUPP LIFE INS 001 21106 167.00 7/23/2009 86053 STANDARD INSURANCE OF OREGON AUG 09-STD/LTD 001 21112 1,736.23 $40.00 7/23/2009 86050 SUNGARD PUBLIC SECTOR PENTAMATION COMP MAINT-RENEWAL 0014070 42205 15,665.09 $22,078.53 7/23/2009 1 SUNGARD PUBLIC SECTOR PENTAMATION COMP MAINT-RENEWAL 0014070 42205 880.30 7/23/2009 86053 SUNGARD PUBLIC SECTOR PENTAMATION COMP MAINT-RENEWAL 0014070 42205 5,533.14 $40.00 7/23/2009 86051 SUNSHINE ROOFING REFUND-PERMIT427408 001 34110 96.40 $97.20 7/23 1 ISUNSHINE ROOFING IREFUND-PERMIT#27408 001 34350 0.80 7/23/2009 86052 SUPERCO SPECIALTY PRODUCTS SUPPLIES -PARKS 1 0015340 1 41200 1 203.46 $203.46 7/23/2009 1 ICHARISMA TEJONES 1PK REFUND -HERITAGE PK 001 23004 -83.32 7/23/2009 1 86053 ISUSAN TAKESHITA RECREATION REFUND 1 001 1 34780 40.00 $40.00 7/23/2009 86054 CHARISMA TEJONES PK REFUND -HERITAGE PK 001 23002 200.00 $116.68 7/23/2009 1 ICHARISMA TEJONES 1PK REFUND -HERITAGE PK 001 23004 -83.32 7/23/2009 86055 ITHE RIGHT CONNECTION INC SUPPLIES -RECREATION 0015350 41200 590.111 $590.11 7/23/2009 1 86056 THE SAN GABRIEL VALLEY NEWSPAPER GR SUBSCRIPTION RENEWAL 0014090 1 42320 1 240.001 $240.00 7/23/2009 1 86057 ITIME WARNER MODEM SVCS --COUNCIL 0014010 42130 46.951 $46.95 7/23/2009 1 86058 TRIFYTT SPORTS ICONTRACT CLASS -SUMMER 1 0015350 45320 547.201 $547.20 7/23/2009 86059 UNITED PARCEL SERVICE EXPRESS MAIL-- GENERAL 1 0014090 1 42120 1 50.48 $50.48 Page 17 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 86061 US BANK PWKS - MEETINGS 0015510 42325 123.44 $13,370.99 7/23/2009 US BANK PUB INFO -ADVERTISING 0014095 42115 504.00 7/23/2009 US BANK PWKS - SUPPLIES 0015510 41200 95.70 7/23/2009 US BANK PWKS - PUBLICATIONS 0015510 42320 672.60 7/23/2009 US BANK PUB INFO - SUPPLIES 0014095 41200 42.81 7/23/2009 US BANK PUB INFO - EQUIP 0014095 46250 1,233.00 7/23/2009 US BANK PRINTING - PHOTO CONTEST 0014095 42110 225.59 7/23/2009 US BANK ICMA AWARD FEES 0014095 42315 255.00 7/23/2009 US BANK PUB INFO - PHOTOS 0014095 42112 83.12 7/23/2009 US BANK PUB INFO - PUBLICATIONS 0014095 42320 32.71 7/23/2009 US BANK NBRHD IMPR-FUEL 0015230 42310 149.13 7/23/2009 US BANK MEETING SUPPLIES -GENERAL 0014090 42325 276.92 7/23/2009 US BANK NBRHD IMPR - FUEL 0015230 42310 177.02 7/23/2009 US BANK CS -FUEL 0015310 42310 401.42 7/23/2009 US BANK CS -FUEL 0015310 42310 217.84 7/23/2009 US BANK RD MAINT - FUEL 0015554 42310 463.90 7/23/2009 US BANK CS -FUEL 0015310 42310 192.59 7/23/2009 US BANK FUEL - POOL VEHICLES 0014090 42310 186.07 7/23/2009 US BANK ROAD MAINT - FUEL 0015554 42310 40.10 7/23/2009 US BANK CS -FUEL 0015310 42310 269.00 7/23/2009 US BANK TRAINING - GONZALES 0014030 42340 199.00 7/23/2009 US BANK CS - FUEL 0015310 42310 64.00 7/23/2009 US BANK TINYTOTS SUPPLIES 0015350 41200 12.96 7/23/2009 US BANK REC - STAFF TRAINING 0015350 42340 20.00 7/23/2009 US BANK MTGS - WASTE CONTRACTS 0014030 42325 129.29 7/23/2009 US BANK EXCUR-ROSE BOWL 0015350 45310 280.00 7/23/2009 US BANK MYR/COUNCIL - EXEC FORUM 0014010 42330 244.07 7/23/2009 US BANK DAYCAMP SUPPLIES 0015350 41200 652.44 7/23/2009 US BANK REC - CONF - MURPHEY 0015350 42330 283.72 7/23/2009 US BANK REC - SUPPLIES 0015350 41200 528.64 7/23/2009 US BANK DBC - SUPPLIES 0015333 41200 17.58 7/23/2009 US BANK HR - PUBLICATIONS 0014060 42320 23.98 7/23/2009 US BANK HR - SCRMA MBRSHP 0014060 42315 150.00 7/23/2009 JUS BANK REC - SR PGM SUPPLIES 0015350 41200 155.75 Page 18 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 86061... US BANK CONCERTS -SUPPLIES 0015350 41200 139.68 $13,370.99... 7/23/2009 86063 US BANK REC SUPPLIES - CREDIT 0015350 41200 -264.05 $5,010.11 7/23/2009 US BANK YOUTH BASEBALL -SUPPLIES 0015350 41200 47.47 7/23/2009 86067 US BANK CS - EQUIP MAINT 0015310 42210 250.00 $6,840.00 7/23/2009 US BANK IT-CONF/TRNG-DESFORGES 0014070 42330 402.67 7/23/2009 86068 US BANK IT -COMPUTER MAINT 0014070 42205 1,223.97 $200.00 7/23/2009 US BANK RD MAINT-UNIFORMS-FUENTES 0015554 41250 452.74 7/23/2009 86069 US BANK CS - FUEL 0015310 42310 129.00 $40.00 7/23/2009 US BANK CS-WRK BOOTS -JORDAN 0015310 41200 360.51 7/23/2009 US BANK DAY CAMP SUPPLIES 0015350 41200 60.02 7/23/2009 US BANK RD MAINT - FUEL 0015554 42310 231.21 7/23/2009 US BANK RD MAINT - VEHICLE MAINT 0015554 42200 25.43 7/23/2009 US BANK CS - FUEL 0015310 42310 150.00 7/23/2009 US BANK PARK - MAINT 0015340 42210 465.48 7/23/2009 US BANK DBC - MAINT 0015333 42210 125.00 7/23/2009 US BANK IT- MEETING-DESFORGES 0014070 42325 19.71 7/23/2009 US BANK PWKS CONF-PWKS STAFF 0015510 42330 660.00 7/23/2009 US BANK ICS - VEHICLE MAINT 0015310 1 42200 487.76 7/23/2009 1 86062 IVALLEY CREST LANDSCAPE MAINT INC CLEAN UP - JULY 4TH 1 0015340 1 42210 1 675.001 $675.00 7/23/2009 IVERIZON CALIFORNIA PH. SVCS - SYC CYN PK 0015340 42125 1 1 88.07 7/23/2009 1 86063 IVANTAGEPOINTTRNSFRAGNTS-303248 P/RDEDUCTIONS-7/24/09 001 1 21108 1 5,010.11 $5,010.11 7/23/2009 86064 VERIZON CALIFORNIA PH. SVCS - PANTERA PK 0015340 42125 1 88.07 $176.14 7/23/2009 IVERIZON CALIFORNIA PH. SVCS - SYC CYN PK 0015340 42125 1 1 88.07 7/23/2009 1 86065 BRYAN WALKER JPK REFUND -DBC 1 001 1 23002 1 350.00 $350.00 7/23/2009 1 86066 IWEST COAST MEDIA AD -CONCERTS IN PARK 1 0014095 1 42115 1 504-001 $504.00 7!23/2009 1 86067 IWESTBROOK TECHNOLOGIES INCMAINTSOFTWARE RENEWAL 0014070 1 42205 1 6,840.001 $6,840.00 7/23/2009 1 86068 IJOHN XING 1PK REFUND -R REAGAN PK 1 001 1 23002 1 200.001 $200.00 7/23/2009 1 86069 1 ESTRELLA YABES RECREATION REFUND 1 001 1 34780 1 40.001 $40.00 Page 19 City of Diamond Bar - Check Register 07/16/09 thru 07/29/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/23/2009 86070 JENNY YANG PK REFUND -R REAGAN PK 001 23002 50.00 $50.00 7/21/2009 WT - 97 CALIFORNIA JPIA MRS COMP- EXCESS DEP 001 21111 2,242.00 $414,562.00 7/21/2009 CALIFORNIA JPIA MRS COMP - RETRO DEP 001 21111 23,007.00 7/21/2009 CALIFORNIA JPIA GEN LIAB INS - DEPOSIT 5104081 47210 248,153.00 7/21/2009 CALIFORNIA JPIA GEN LIAB INS - RETRO DEP 5104081 47200 117,503.00 7/21/2009 CALIFORNIA JPIA MRS COMP - DEPOSIT 001 21111 23,657.00 $1,546,930.47 Page 20 Agenda # 6.3 Meeting Date: Aug. 4, 2009 CITY COUNCIL ,�K g1��y AGENDA REPORT �98g� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Preliminary Treasurer's Statement June 2009 RECOMMENDATION: Approve the June 2009 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary 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. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 08-09 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized a revised June treasurer's statement will be presented to the City Council for approval. PREPARED BY: Linda G. Magnuson, Finance Director A9 Depa t ent Head Assistant ity Manager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT June 30, 2009 (preliminary) BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $34,015,461.29 603,568.16 $1,900,450.63 GENERAL ACCOUNT $32,718,578.82 LIBRARY SERVICES FUND 0.00 41,604.46 CHANGE FUND 0.00 COMMUNITY ORG SUPPORT FD (3,456.18) 1,000.00 450.00 TOTAL DEMAND DEPOSITS (3,906.18) GAS TAX FUND (417,467.01) 404,786.99 LOCAL AGENCY INVESTMENT FD (12,680.02) TRANSIT TX (PROP A) FD 397,674.80 154,326.88 67,287.86 US TREASURY Money Market Account 484,713.82 TRANSIT TX (PROP C) FD 1,692,354.53 54,830.91 3,084.57 1,744,100.87 ISTEA Fund (711,451.32) 421,446.32 (290,005.00) INTEGRATED WASTE MGT FD 344,692.74 31,410.00 11,812.48 364,290.26 TRAFFIC IMPROVEMENT FUND 422,852.59 18,446.84 404,405.75 AB2928-TR CONGESTION RELIEF FD 355,290.36 355,290.36 AIR QUALITY IMPRVMNT FD 129,949.67 17,226.39 147,176.06 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 2,646.00 418,830.37 PROP A - SAFE PARKS ACT FUND 133,566.23 133,566.23 PARK & FACILITIES DEVEL. FD 619,453.02 619,453.02 COM DEV BLOCK GRANT FD (54,281.09) 57,428.00 2,436.70 (2,646.00) (1,935.79) CITIZENS OPT -PUBLIC SAFETY FD 115,634.62 115,634.62 NARCOTICS ASSET SEIZURE FD 364,004.46 364,004.46 CA LAW ENFORCEMENT EQUIP PRGI 73,168.04 10,556.58 62,611.46 LANDSCAPE DIST #38 FD 84,542.93 22,125.76 62,417.17 LANDSCAPE DIST #39 FD 10,415.28 15,318.04 (4,902.76) LANDSCAPE DIST #41 FD 124,322.14 6,853.38 117,468.76 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (249,735.56) 302,764.72 440,407.09 (387,377.93) SELF INSURANCE FUND 1,126,990.96 1,126,990.96 EQUIPMENT REPLACEMENT FUND 226,664.35 226,664.36 COMPUTER REPLACEMENT FUND 339,273.69 339,273.69 PUBLIC FINANCING AUTHORITY FUNI 285,372.98 28,718.25 3,020.18 311,071.05 TOTALS $41,025,886.41 $2,076,506.62 $2,502,250.11 $0.00 $40,600,142,92 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $37,400.47 PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS $80,254.93 INVESTMENTS: US TREASURY Money Market Acct. $584,233.16 LOCAL AGENCY INVESTMENT FD 33,624,583.78 FED HOME LOAN BANK NOTES 6,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 311,071.05 TOTAL INVESTMENTS $40,519,887.99 TOTAL CASH $40,600,142.92 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. 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( `m E m E > ayi o c U� w U -r- -u) - O y C T O) N a w E E d o y y c o E > N > U N N N u (0 O to ' -c - n 0 c cWOC Y T d N C E L CO rn E caQ OTE N O amO i o :1 LL LL CT E (0 co co w W? 1.> Agenda # 6.4 Meeting Date: August 4, 2009 CITY COUNCIL AGENDA REPORT �'�R'POLtrT�4 r9S9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana*--'� TITLE: EXONERATION OF SURETY BO D O. 275735 POSTED BY RATAN HOSPITALITY, LLC FOR PARCEL MAP 22987 (BEST WESTERN PROPERTY) TO COMPLETE PRIVATE STREET IMPROVEMENTS OF A PORTION OF GENTLE SPRINGS LANE RECOMMENDATION: Approve. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with the subdivider, Ratan Hospitality, LLC, to complete street improvements for PM 22987. The subdivider posted, with the City, a surety bond for private street improvements which included roadway repair, sidewalk, curb, gutter and street light installation along a portion of Gentle Springs Lane. In 2007 at the meeting of August 21, Council approved a 90% reduction of the $70,000 bond since roadway, sidewalk, curb and gutter improvements have been completed and were acceptable to the City. The remaining 10% was being held while the installations of two street lights (one on Prospectors and one on Gentle Springs) were pending. Staff has confirmed that the street lights have been installed by Edison as conditioned on the map. DISCUSSION: Upon receiving written request from Ratan Hospitality, LLC dated June 15, 2009, the Public Works Department has verified that all improvements as conditioned by the Parcel Map have been met. The following surety bond is recommended for exoneration: Surety Bond No. 275735 in the amount of $7,000. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: July 27, 2009 REVIEWED BY: Z� David G. Liu, Director of Public Works Attachments: LETTER OF REQUEST, June 15, 2009 X36115'2009 16:12 816-553-1137 PRO -AM INS AGENCY PAGE 01/02 Page 1 of I . . ......... .... ­.'­.'_ ... .... ... . ............... . ......... ... . .. ............ ... . .... ... bond ­­­ .......... ......... . ...... ......... .......... u jert:... . ... Best Western Diamond Bar, Parcel # 22987, Release :From: piiglandora@aol.com 'Date IVQnday, June 15, 2009 4:22 PM .To: kimtterly.rnolina@ci.diamond-bar.ca.us �'Utbueo laojzorn :q I., I-- I'll 111.1. 1-....'..1..'..'-.- 1.11, . ............. .......... -1-1 ...... . ........ . . . ....... . ....... .... . ....... . ".11.1111 ................... Hi Kimberly; With reference to bond # 275735 expiring 09/07/2009 against parcel # 275735, all the street improvement has been completed, please release this bond,. Thanks, for all your expertise help. Regards, PN 818-5553-1120 cell 626-627-3490 fax 818-553-1130 . ........... . . . .. ........ 11 ...................... ""­ .. ........... I ................................. ........................ A Good Credft Score is 700 or Above. .......... 'XS --A-., T,.-- 15 ')I)f)Q Arng-rireo ()nlinm- 06115'2009 16:12 818-553-1137 PRO -AM INS AGENCY PAGE 02102 Steve lye A4r7yar lack Timaka Mayor Pro Tcm Wen P. Chang Council Memlmr Ron Everett Cnunc:il Member Carol Herrera Council Memlier R,r rbd paper August 22, 2007 City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 - Fax (909) 861-3117 Purshottam N. Patel Ratan Hospitality, LLC Best Western Diamond Bar 1205 West Sierra Madre Avenue Glendora, CA 91741 Dear Mr. Patel: www.C1tyofQ1amond8ancom It is my pleasure to inform you, the principal, that at their meeting of August 21, 2007, the Diamond Bar City Council approved the reduction of Bond No. 275735 by Ratan Hospitality, LLC (Parcel Map 22987 — Best Western Property) to complete Street Improvements from the original amount of $70,000 to $7,000. Enclosed is a copy of the Bond for your use in obtaining a reduced Bond. Once you receive the new bond, please forward it to this office for our records. If you have any questions, please feel free to contact me at (909)839-7010 or Kimberly Molina 909)839-7044, Sinlerely, 1 Tommye Cribbins City Clerk Enc. c" Public Works CITY COUNCIL Agenda # 6.5 Meeting Date: 08/04/09 AGENDA REPORT TO: Honorable Mayor and Members of the City Council 1 VIA: James DeStefano, City Man TITLE: APPROVAL OF AMENDMENT # -A TO CONTRACT WITH WEST COAST ARBORISTS FOR CITY-WIDE TREE MAINTENANCE AND WATERING SERVICES IN THE CITY OF DIAMOND BAR FOR THE 2008/09 FISCAL YEAR ADDING $1,500 TO THE AUTHORIZED AMOUNT OF $177,800 RESULTING IN A TOTAL NOT TO EXCEED AMOUNT OF $179,300. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend an additional $1,500 for City -Wide Tree Maintenance and Watering Services during the 2008/09 fiscal year, for a total authorization of $179,300. Funds for this increase are included in the 2008/09 FY budget and will be transferred to the Tree Maintenance / Watering account from the Vegetation Control account as follows: Funding Source Current Funding Adjustment Adjusted Budget Vegetation Control (45508) 104,815 (1,500) 103,315 Tree Maintenance / Watering 177,795 1,500 179,295 BACKGROUND / DISCUSSION: On June 3, 2008, the City Council approved contract Amendment #4 to extend the contract with West Coast Arborists for city-wide tree maintenance services for the 2008/09 fiscal year in the amount of $177,800. Due to additional work requested by staff in June, 2009, West Coast Arborist exceeded the contract amount by $1,500. Staff is seeking City Council approval to increase the contract amount by $1,500, for a total authorization of $179,300 for the 2008/09 Fiscal Year. Funds for this increase are available from unexpended funds in the 2008/09 FY budget. Attachment: Amendment #4-A to Tree Maintenance Services Contract for the period of July 1, 2008 — June 30, 2009 PREPARED,A,ND REVIEWED BY: Community Services Director AMENDMENT #4-A TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 4th day of August, 2009 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and WESTCOAST ARBORISTS, INC, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5, 2005 in the amount of $150,000 for the period of July 1, 2005 — June 30, 2006. b. Amendment #1 was approved on February 21, 2006 to increase tree maintenance services to the amount of $235,125. C. Amendment #2 was approved on June 20, 2006 to extend the contract for the period of July 1, 2006 — June 30, 2007 in the amount of $230,000. d. Amendment #3 was approved on May 1, 2007 to extend the term from July 1, 2007 through June 30, 2008 in the amount not to exceed $238,050. e. Amendment #4 was approved on June 3, 2008 to extend the term from July 1, 2008 through June 30, 2009 in the amount not to exceed $177,800. Parties desire to amend the contract to add $1,500 to the contract for a total authorized amount not to exceed $179,300 for the 2008/09 FY. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Contract price of AGREEMENT provided in Section 11 is amended to a not to exceed amount of $179,300 for the 2008/09 FY. 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 #4-A TO CONTRACT 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 WEST COAST ARBORISTS, INC. Contractor Signed Title City Clerk Agenda: 6.6 Meeting Date: August 4, 2009 CITY COUNCIL -AGENDAREPORT �RYc1RT�� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: RESOLUTION NO. 2009 -XX: A PROVING THE INSTALLATION OF "NO PARKING VEHICLES OVER 6' HIGH" SIGNS BETWEEN THE INTERSECTION OF WINTERWOOD LANE/AMBERWICK PLACE AND 1362 WINTERWOOD LANE RECOMMENDATION: Approve. FINANCIAL IMPACT: The installation of three "No Parking Vehicles Over 6' High" signs will cost approximately $200 and will be funded by the City's signing and striping maintenance budget for FY 2009-2010. BACKGROUND/DISCUSSION: Concerns have been raised by residents regarding the continuous parking of oversized trailers along the east side of Winterwood Lane near the intersection of Winterwood Lane and Amberwick Place and 1362 Winterwood Lane. Residents in the area have informed staff that these trailers are apparently used to store and transport motor vehicles (Passenger cars). The concerns conveyed to staff indicated that oversized trailers parked near the intersection block the view of oncoming vehicles traveling southbound along Winterwood Lane. This condition was confirmed by staff on several occasions. Winterwood Lane has an approximate slope of 8% and is 36 feet wide. Motorists traveling downhill in the southbound direction are obstructed by oversized trailer parked on the east side of Winterwood. This situation can make it difficult for traffic in the northbound direction to see oncoming traffic traveling downhill in the southbound direction. In addition, vehicles turning onto Winterwood Lane from Amberwick Place may find their view of oncoming vehicles traveling southbound along Winterwood Lane obstructed (see Exhibit B). Staff observed more than one oversized trailer parked at the subject location shown in the Exhibit A photos. The black triple axle trailer shown in the photos has approximate dimensions of 8 feet wide x 8 feet tall x 36' long. The white double axle trailer shown in the photos has approximate dimensions of 8 feet wide, by 8 feet tall by 20' long. The City's Municipal Code Section 10.16.490 states, 'Whenever the City Council finds that the parking of vehicles, with a height of six feet or more, within 100 feet of an intersection, creates a visibility limitation resulting in a potential traffic hazard, the City Engineer shall erect signs or markings stating that the parking of vehicles with a height of six feet or more is prohibited within 100 feet of an intersection. No person shall park or leave standing any vehicle in violation of such prohibition". An Attempt has been made by the Sheriff's Department to speak to the owner of the oversize trailer but the owner continues to park at this location. Staff recommends installing three "No Parking Vehicles Over 6' High" at the locations shown in Exhibit B. The request was reviewed and discussed at the Traffic and Transportation Commission meeting of June 11, 2009. Staff received four letters as well as one phone call in support of staff's recommendation to install signs prohibiting parking of vehicles over 6' in height prior to the Traffic and Transportation Commission meeting and were documented into the record minutes. The Commission concurred with the installation of three "No Parking Vehicles Over 6' High" at the locations along Winterwood Lane. The owner of the oversized trailers and residents in the surrounding area have been invited to the August 4 Council meeting. PREPARED BY: Erwin Ching, Assistant Engineer REVIEWED BY: id G. Liu Director of Public Works Attachments: Resolution No. 2009 -XX Traffic and Transportation Commission Minutes, June 11, 2009 (pages 2 & 3) Exhibit A- Photos showing parked oversized vehicles along Winterwood Lane Exhibit B- Aerial showing proposed locations of sign installations K RESOLUTION NO. 2009 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF "NO PARKING VEHICLES OVER 6' HIGH" SIGNS BETWEEN THE INTERSECTION OF WINTERWOOD LANE/AMBERWICK PLACE AND 1362 WINTERWOOD LANE Recitals (i) At the public meeting of June 11, 2009, the Traffic and Transportation Commission determined that the installation of "No Parking Vehicles Over 6' High" signs between the intersection of Winterwood Lane/Amberwick Place and 1362 Winterwood Lane will enhance and improve the public health, safety and welfare. (ii) The Traffic and Transportation Commission recommends the installation of three (3) signs between the intersection of Winterwood Lane/Amberwick Place and 1362 Winterwood Lane. Resolution NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Said action is pursuant to Section 10.16.490 of the City of Diamond Bar Municipal Code, as heretofore adopted; 2. The City Council hereby finds the public health, safety and welfare will be best protected by the installation of "No Parking Vehicles Over 6' High" signs between the intersection of Winterwood Lane/Amberwick Place and 1362 Winterwood Lane as herein prescribed; 3. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said signs to be installed. 1 The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4tt' day of August, 2009. Ron Everett, Mayor ATTEST: Tommye A. Cribbins, City Clerk I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 4t" day of August, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar 2 JUNE 11, 2009 PAGE 2 T&T COMMISSION V. NEW BUSINESS: A. Request for "No Parking Vehicles Over 6' High" signs to be installed between the intersection of Winterwood Lane/Amberwick Place and 1362 Winterwood Lane. AE/Molina presented staff's report and recommended that the Traffic and Transportation Commission receive public comments and concur with staff to forward the proposed installation of signage prohibiting parking of vehicles over 6 feet in height to City Council for approval. AE/Ching reported that staff received four letters and one telephone call from concerned residents. He read excerpts from each communication and all indicated that they supported staff's recommendation. Chair/Lin asked in which residence the truck owner lived and AE/Ching responded that the owner lives at 1403 Winterwood Lane. VC/House said he concurred with staffs recommendation and asked if the City could red zone the area close to the intersection. He wanted to know if the problem was the width of the vehicle or the length of the vehicle. AE/Molina responded that residents who have broughtthis matterto staff's attention have complained about the height of the vehicle. PWD/Liu explained that the current municipal code does not have provisions for the City to deal with oversized vehicles, only the height of a vehicle or trailer, hence staff's recommendation. C/Mok asked whether the truck was a commercial vehicle. AE/Ching responded that it is a semi -trailer and not considered to be a commercial vehicle. Although the photos do not indicate such, residents stated that at times there are commercial vehicles parked in the same area. C/Mok asked if there is a home-based business operated from the residence. AE/Ching replied that residents believe it is, based on what they observed. Staff has checked with the Planning Department to see if the resident has a business license. PWD/Liu explained to C/Mok that once the City Council approves the Commission's recommendation, the legal authority will be in place and the signage would offer warning that violators can immediately be cited. PWD/Liu acknowledged that the trailer could be moved to a different location on the street causing the same concerns. Staff is attempting, on an incremental approach, to force the trailer owner to cooperate with his neighbors. In addition, red curbing would tend to penalize the very individuals who are seeking the City's help. AE/Molina read Municipal Code Section 10.16.490 for C/Shay. C/Shay believed this was a citywide problem and that one solution would be to put JUNE 11, 2009 PAGE 3 T&T COMMISSION signs up throughout the City or, to simply have law enforcement give a warning ticket to anyone in violation of the code and subsequently, a ticket with a fine. PWD/Liu said that D.B. has been dealing with this issue since inception. There has been no final decision about how to deal with oversized vehicles. Other cities struggle with this problem as well and at this time, there is no firm solution about how to address oversized vehicles in residential neighborhoods. C/Shay said that if this law is on the books it should be enforced. AE/Molina explained that the code says that Council must find that there is an intersection or situation that exists that would constitute erecting the signs. PWD/Liu said that according to the code, staff would have to investigate every intersection throughout the City before the signs can go up. C/Mok agreed that enforcement is probably the answer but on the June P memorandum, Page 2, at the top, it states that "in order for the Sheriff's Department to enforce Municipal Code Section 10.16.490, signs must be properly posted indicating that vehicles over six feet in height are prohibited." C/Shay felt the Council should look at rewriting the code to enforce this throughout the City. Chair/Lin said that he agreed with PWD/Liu that this is probably the best solution to deal with the problem at hand. He also agreed with C/Pincher that once the signs are erected, the owner of the vehicle will likely move to another spot on the street. When that happens, further action may be required. VC/House moved, C/Shay seconded, to recommend that the City Council concur with staff to approve installation of signage prohibiting parking of vehicles over 6 feet in height. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS VI. STATUS OF PREVIOUS ACTION ITEMS: Pincher, Mok, Shay, VC/House Chair/Lin None None PWD/Liu reported that at its June 2nd meeting, the City Council reviewed and adopted FY 2009/10 budget that includes the Capital Improvement Projects listed in tonight's packet with funding from a variety of sources, the most significant of which is $1.77 million from the federal government's stimulus money. Yesterday, staff received notification that Caltrans authorized the project to proceed and staff will be advertising the project for bids. PWD/Liu stated that on June 2nd, the City Council also approved a three-year tH crossing guard services contract with All -City Management Services. On June 16 EXHIBIT A: PHOTOS OF OVERSIZE VEHICLES PARKED ALONG WINTERWOD LN VIEW OF OVERSIZE VEHICLE IN FRONT OF 1362 WINTERWOOD LANE VIEW OF OVERSIZE VEHICLE FROM ACROSS THE STREET VIEW OF OVERSIZE VEHICLE AT THE INTERSECTION OF AMBERWICK PL ACE AND WINTERWOOD LANE VIEW OF OVERSIZE VEHICLE FROM ACROSS THE STREET "Viet on f Ln IL ® dr M T M sF fi n �wLL Y U W S C1 = W — • a,a �wLL Y U 2 (� = W a»= C9WLL Y 0 W S Lr (� 2 W = • a>p "Viet on f Ln IL ® dr M T M sF fi n CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.7 (a) Meeting Date: 8/04/09 AGENDA REPORT FROM: James DeStefano, City Mana e TITLE: AWARD OF CONTRACT TO MEGP, WAY ENTERPRISES FOR THE CONSTRUCTION OF SYCAMORE CANYON PARK TRAIL — PHASE III IN THE AMOUNT OF $198,881.50, PLUS A CONTINGENCY OF $19,888 (10%) FOR A TOTAL AUTHORIZATION OF $218,769.50; AND APPROPRIATION OF $24,285 FROM THE PARK DEVELOPMENT FUND TO FULLY FUND THIS PROJECT. RECOMMENDATION: Award contract and approve appropriation. FINANCIAL IMPACT: Contractor cost to construct this project is $198,881.50, plus a contingency amount of $19,888 (10%) for a total contractor authorization of $218,769.50. Costs for design, plan check, bidding process and construction inspection should total approximately $77,515, bringing the total cost of this project to $296,285. There is $272,000 appropriated in the 2009/10 FY Budget for this project. Therefore, an additional $24,285 appropriation from the Park Development Fund is necessary to fully fund this project. After appropriation of these additional Park Development Funds for this project, the remaining balance in the Park Development Fund will be $388,506. BACKGROUND: This project will improve the trail in Sycamore Canyon Park from the trail head (at Diamond Bar Blvd.) to the junction of the trail to the water fall. The timber steps from the trail head to the v -ditch will be replaced with concrete stairs with handrails. A retaining wall will be constructed along the v -ditch to create space to widen the trail along the v -ditch to the existing concrete stairs. Decomposed granite will be added to the trail from the existing concrete stairs to the junction of the trail to the water fall. Severe cross slopes will be eliminated and the chain link fence will be replaced with lodge pole fencing that matches the existing wood fence along the trail. Plans and specifications for this project were released to receive bids from construction contractors on June 30, 2009. Eight (8) bids were received and opened on July 28, 2009. Bids ranged from a low of $198,881.50 to a high of $339,585. The apparent low bidder is Mega Way Enterprises. DISCUSSION: Staff checked the status of the contractor license of Mega Way Enterprises with the State of California and it is active and clear. Staff checked references provided by the contractor and there were no concerns presented. If this contract is awarded on August 4, construction by the contractor should begin after Labor Day. The contract allows 60 days to complete the work, so it should be completed by November or early December. Construction observation services will be provided by David Evans and Associates and Architerra Design Group. Geotechnical inspection services will be provided by Leighton & Associates. Plan check and building inspection services will be provided by D & J Municipal Services. Director of Community Services Attachments: Agreement Bid Submittal / Opening Results AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Mega Way Enterprises hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Mega Way Enterprises and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Construction of Sycamore Canyon Park Trail — Phase III in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Construction of Sycamore Canyon Park Trail — Phase III in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 30, 2009 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated July 28, 2009 , together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. The CONTRACTOR agrees to complete the work within 60 calendar days from the date of the notice to proceed. 4, The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 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. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated July 28, 2009. 13. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. CONTRACTOR'S NAME ADDRESS Date CONTRACTOR'S Business Phone: CONTRACTOR'S Emergency Phone: CITY OF DIAMOND BAR, CALIFORNIA By: TITLE: By: Date RON EVERETT MAYOR ATTEST: By: Date TOMMYE CRIBBINS CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Date CITY OF DIAMOND BAR Rin Qi IRMITTAI /nPFNING WORKSHEET PROJECT: Sycamore Canyon Park Trail Project - Phase III BID OPENING DATE: July 28, 2009 2:00 p.m. NO. CONTRACTOR AMOUNT OF BID BB D N a D MA COMMENTS D V01173.? T X7 S -W 16 G¢Af,VX 1-4 , 0 PAGE __OF _ a 0 CITY OF DIAMOND BAR Qin Qi IRMITTAI 1r)P1=NINr. WORKSHEET PROJECT: Sycamore Canyon Park Trail Project - Phase III BID OPENING DATE: July 28, 2009 2:00 p.m. NO. CONTRACTOR AMOUNT OF BID BB o o A D COMMENTS VA L a.. (its PAGE o2 OF -.-:;?- Zoo CITY COUNCIL Agenda # 6.7 (b) Meeting Date: 08/04/09 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVAL OF CONTRACT AME DMENT #10 WITH DAVID EVANS AND ASSOCIATES, INC FOR $2,000 TO PROVIDE CONSTRUCTION OBSERVATION SERVICES FOR THE SYCAMORE CANYON PARK TRAIL — PHASE III PROJECT. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for the cost of this amendment are included in the 2009/10 FY budget for the Sycamore Canyon Park Trail — Phase III project. BACKGROUND: David Evans and Associates has developed the majority of the construction documents for this project. They provided this work under their on-call Landscape Architect Services contract. The design by David Evans and Associates represents about 2/3 of the project. The remainder of the project, the upper 1/3, was designed by Architerra Design Group. This contract amendment will allow David Evans and Associates to provide construction observation services while the project is under construction, for the portion of the project they designed. Architerra is already under contract with the City to provide these services for the portion of the project they designed. DISCUSSION: David Evans and Associates has been the City's on-call landscape architect since February, 2002. They developed the majority of the construction documents for the Sycamore Canyon Park Trail — Phase III project (Architerra Design Group completed the upper portion of the project). Construction observation services will assist staff and the construction contractor with any issues that come up during the construction of the project. This project will improve the trail in Sycamore Canyon Park from the trail head (at Diamond Bar Blvd.) to the junction of the trail to the water fall. The timber steps from the trail head to the v -ditch will be replaced with concrete stairs with handrails. A retaining wall will be constructed along the v -ditch to create space to widen the trail along the v -ditch to the existing concrete stairs. Decomposed granite will be added to the trail from the existing concrete stairs to the junction of the trail to the water fall. Severe cross slopes will be eliminated and the chain link fence will be replaced with lodge pole fencing that matches the existing wood fence along the trail. PREPARED BY: Director of Community Services ATTACHMENT: Amendment #10 to Agreement dated August 4, 2009. Consulting Services Agreement dated February 5, 2002 AMENDMENT #10 TO AGREEMENT THIS AMENDMENT #10 TO AGREEMENT is made this 4th day of August 2009, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City") and DAVID EVANS AND ASSOCIATES, INC. ("CONSULTANT"). Recitals: a. CONSULTANT entered into an agreement with CITY on February 5, 2002 (the "AGREEMENT") in the amount not to exceed $25,000 for as -needed Landscape Architect Services for the term of February 5, 2002 through February 5, 2005. b. Additional Landscape Architect services were added to the AGREEMENT per Amendments #1 through #9 and extended the term and increased the contract to an amount not to exceed $371,676. C. Parties desire to amend the AGREEMENT to add construction observation services for the Sycamore Canyon Park Trail — Phase III project for an amount not to exceed $2,000 and to extend the term to June 30, 2011. d. 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, the parties agree to amend the AGREEMENT as follows: Section 1 — Attachment "B" to the AGREEMENT is amended by adding thereto the following additional landscape architect services: Construction Observation Services for the Sycamore Canyon Park Trail — Phase III project. Section 2 -- Section 2 of the AGREEMENT is revised to read: Term of Agreement. This contract shall take effect February 5, 2002, and shall continue until June 30, 2011, with the possibility of one (1) additional annual renewal, unless earlier terminated pursuant to the provisions herein. Section 3 -- Section 3 of the AGREEMENT is amended to add compensation in the amount of $2,000 for a total authorization not to exceed $373,676. 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 Mayor APPROVED TO FORM City Attorney DAVID EVANS AND ASSOCIATES, INC. Consultant Signed Title City Clerk 07!30%20p15 04:14 5955513117 CITY OF DIAMOND BAR PAGE 03103 ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Ran Everett Mayor APPROVED TO FORM City Attorney --- ---- DAVID EVANS AND ASSOCIATES, INC. Consultant Title CityClerkClerk CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 5, 2002, by and between the City of Diamond Bar, a municipal corporation ("City") and David Evans and Associates, Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide "As Needed" landscape architectural review consulting services to City as set forth in Exhibit "A", the City's Request for Proposals, dated October 24, 2001. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated November 19, 2001, to the City's Request for Proposal. 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 February 5, 2002, and shall continue until February 5, 2005, with the possibility of two (2) additional annual renewals, 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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00). 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: David Evans and City of Diamond Bar Assoicates, Inc. 21825 E. Copley Drive 800 N. Haven Ave., Diamond Bar, CA 91765-4177 Suite 300 Ontario, CA 91764 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person,ir�Cn��� entity, corporation, political subdivision or other organization arising out of theyd�fs�, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $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 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. 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 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, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 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. "City" ATTEST: CITY OF DIAMOND BAR By Lynda Burgess', City Clerk Approved as to form: By: City Attorney "CONSULTANT" pavi d Evans V' Assec io-+Cs, Inc. Its: Vise. Pres idenf