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08/18/2009
City oi' Diamond City council Agenda Tuesday, August 18, 2009 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 ProTem Wen P. Chang Jack Tanaka Steve Tye Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Caples of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public Inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title ll of the Americans with Disabilities Act of 1990, the City of Diamond Har requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting, most inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondgar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR CITY COUNCIL AGENDA August 18, 2009 Next Resolution No. 2009-37 Next Ordinance No. 02 (2009) STUDY SESSION: 5:30 p.m., Room CC -8 10. Pavement Management Systems Overview — Discussion. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming September 2009 as "L.A. County Fair Month". 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 Dar, California, during normal business hours. August 18, 2009 Page 2 BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Cyclone Services, 23441 Golden Springs Dr., Business of the Month, August, 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by Mike Holmes, General Manager of Walnut Valley Water District re: Water Conservation Measures. 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 19, 2009 - 6:30 — 8:00 p.m., Hollywood U2 (U2 Tribute) — Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 Movies Under the Stars — August 19, 2009 — Bolt —Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.3 "Teen Night Out" — August 21, 2009 — 6:00 — 10:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. Sponsored by D.BAYouth "In Action". 5.4 Planning Commission Meeting — August 25, 2009 — 7:00 p.m. AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Parks and Recreation Commission Meeting — August 27, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.6 City Council Meeting — September 1, 2009 — 6:30 p.m., AQMD/ Government Center Auditorium, 21865 Copley Dr. August 18, 2009 Page 3 5.7 CALTRANS SR 57-60 Confluence Project Public Meeting — September 2, 2009 — 5:00 to 9:00 p.m., - Diamond Bar Center Main Ballroom, 1600 S. Grand Ave. 5.8 National Parks Service — San Gabriel Watershed and Mountains Special Resource Study Public Meeting — September 2, 2009 — 7:00 p.m. to 9:00 p.m., Diamond Bar Center— 1600 Grand Ave. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of August 4, 2009 — Approve as submitted. (b) Regular Meeting of August 4, 2009 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Workshop of June 23, 2009 — Receive and file. (b) Regular Meeting of June 23, 2009 — Receive and file. (c) Regular Meeting of July 14, 2009 — Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of June 25, 2009 - Receive and file. 6.4 Ratification of Check Register — Dated July 30, 2009 through August 12, 2009 totaling $773,586.72. Requested by: Finance Department 6.5 (a) Approve Plans and Specifications and Award the Construction Contract to Hardy & Harper Inc for Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) Federal Project No. ESPL-5455(013), in the Amount of $1,476,000 Plus a Contingency Amount of $147,600 for a Total Authorization of $1,623,600. Recommended Action: Approve and Award (b) Award of Construction Administration Services Contract to DMS Consultants, Inc. for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) Federal Project No. ESPL-5455(013), in the Amount of $127,260 Plus a Contingency Amount of $12,726 for a Total Authorization of $139,986. Recommended Action: Award. August 18, 2009 Page 4 Requested by: Public Works Department 6.6 Adopt Resolution No. 2009 -XX: Modifying Three Sections of the Compensation Plan for all Classifications of Employment and Amending Resolution No. 2008-20. Recommended Action: Adopt Requested by: City Manager 6.7 Approve Appropriation of $43,000 from General Fund Reserves to LLAD No. 41 for Brush Removal Services to Create Newly Required Fire Breaks on Privately Owned Property Within the District. Recommended Action: Approve. Requested by: Community Services Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2009 -XX: Finding the City of Diamond Bar, in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in Accordance with California Government Code Section 65089. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: Public Works Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda # _Study Session Meeting Date: August 18, 2009_ CITY COUNCIL AGENDA REPORT t9Sg TO: Honorable Mayor and Members of the City Council n � VIA: James DeStefano, City Manag' TITLE: Pavement Management System S udy Session DISCUSSION: The information presented herein is a draft presentation which discusses the recent update to the Pavement Management System (PMS) for arterial, collector, and residential roadways in Diamond Bar. This PMS update provides an assessment of the City's street network and discusses a cost-effective maintenance strategy over a multi- year horizon. Prior history of roadway investment is discussed and presentation of a financial plan is included. 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O T r r T 00.: & O r N O - O O O O N N N N N o � O M ` r i o ' O C6 • m LL O O Cfl :LO 06 &C4 N G1 c O M L( LL e• +• f • (0� 1 69- .. 61) y Q • O s CO d Q f' to .� O; O r. a CD a CD CD '.'.N N N N ,:N 0 4 L d R 0 O O M d r O ' O C6 CO m O O O Cfl :LO 06 &C4 N Ct' c O M L( (0� 1 69- .. 61) M O N CO O; O r. a CD a CD CD '.'.N N N N ,:N co o U v v cd bjCV 4- x r ^ v � o Cd 4—d ° v 4, d CZ5 � v � v w ct o 4-1 v +d a� ° "cl� o c O .cn U c O N O U cam• to O cn O WA 8/18/2009 PAVEMENT MANAGEMENT SYSTEM OVERVIEW City Council Study Session August 18, 2009 History • Diamond Bar's Pavement Management System (PMS) was first implemented in 1994 and subsequently updated in 1998 and 2004 • From 1994 to 2004, a 5 -Year Slurry Seal Program had been in place for residential streets only. • In 2004, a 7 -Year Program (including arterial and residential roadways) was implemented per direction of the City Council, The 7 -Year Program was intended to reduce General Fund expenditures and ensure the City would receive maximum return on street rehabilitation investments. Current Status • Fiscal Year 2008/09 - Buckman &Associates performed PMS update • The PMS update by Bucknam & Associates is based on recent inspections conducted in 2008 and provides forecasts for maintenance and rehabilitation efforts • The PMS update included a full inspection of all seven (7) Arterial Zones and five (5) Residential Areas • Currently, the City is on track with Residential Area 5 and Arterial Zones 3 and 4 ongoing right now CitywlAe Residential Slurry Seal Program EXHIB17 P. A6-1 q• �' ,�ilz''s IXI�M�11Pf 6Afi r C 4 8/18/2009 2 Citywide Arterial Slurry Seal Program EXHIBIT B meuonv d 1x1' i What is a Pavement Management System? • A Tool to Answer Questions: - What do I have? - What condition is it in? - What do I need to repair it? - How much money do I need? - When should I spend it? - What if? 6 8/18/2009 3 Pavement Management System Steps to Implementation of a PMS: Step 1: Assessment of Existing Pavement Network Step 2: Update Maintenance and Rehab Activities Step 3: Pavement Condition Index (PCI) Survey Step 4: Budgetary Analysis and CIP Reports Step 5: Citywide CIP Report Step 6: Mapping and GIS Update Step 7: On -Call Support Services 2009 Update of Diamond Bar PMS • Assess previous PMS work efforts, street segmentation and work history • PCI Survey • Developed Capital Improvement Program budget and schedule • Submitted report to LACMTA (Metro) for compliance • Linked all MicroPAVER pavement data to the City's GIS 8 8/18/2009 El MicroPAVER • Currently being used by over 600 cities, counties and airports • This includes over 200 cities within California • 23 cities in LA County; 22 cities in Orange County • MicroPAVER's PCI methodology is the only pavement rating methodology recognized for rating road pavements • MicroPAVER allows for the collection of 19 AC and 19 PCC distress types • Three levels of severity can be collected for each distress type s Pavement Condition Index (PCI) *The PCI is a condition rating that ranges from 0 to 100 • Weighted average PCI = pavement section PCI * by its area / by the total square footage of the specific network or pavement area. too Distress type 85 70 -"'-""_"_- Minimum Good Levelof Distress 55 -- Seadce = 65 quantity PCI Fair ao 25 Very Poor Distress 10 severityFailed 0 10 8/18/2009 5 City PMS Network • The City of Diamond Bar PMS includes: • Arterials - 35.3 miles • Residential/Collectors - 108.5 miles • The weighted average PCI for the City's Arterial road network is 73.7 • The weighted average PCI for the City's Collector / Residential network is 61.1 • The citywide weighted PCI is 64.6 8/18/2009 C PCI < 80 Action 4 Surface Treatment (Slurry) I Pcl < 80 Action 4 Surface Treatment (Slurry) PCI < 50 Action --> Structural Improvement (Overlay) ,3 ,4 8/18/2009 N Fair, Current Conditions PCI Distribution for All Street (based on mileage) IN 1-YARIP4110Ie7 w Pavement Life sh,"6a Pci raLng ;:-nlry Ov 5.20 fur 85 slurry here �Slfor 76 GODd — — — — _ — — rehab Y here\ SlgnHlwn[ imp\\ S� Yn Canrtllion WIII $5 � Re kora \ '0 Small%al Pavemanl ula 1 3 5 7 Time lE 19 22 25 28 It is more cost effective to maintain a pavement segment in good condition over its useful life in comparison to letting it deteriorate to the point that it requires a major overlay or reconstruction Common Pavement Rehabilitation Strategies ■ Stop Gap (Crackfilling, Potholing) ■ Slurry Seal ■ CAPE Seal ■ Asphalt Concrete Overlay - Mill & Cap ■ Rubberized Asphalt Concrete Overlay ■ Complete Reconstruction II 18 8/18/2009 9 8/18/2009 Projected Financial Needs for Arterials 2009-10 75,8 78.5 $1,196,103 2010-11 77,2 78.9 $1,142,447 2011-12 77.8 79.1 $1,201,127 2012-13 78.5 78.9 $679,032 20 Total $4216709 19 Projected Financial Needs for Residentials 2009-10 (Area 6) 42.5 63.5 $1,033,756 2010-11 (Area 7) 67.5 76.8 $1,081,063 2011-12 (Area 1) 54.5 71.9 $1,872,664 2012-13 (Area 2) 54.5 71.2 $1,562,531 Total $5,550,016 20 Sample Residential Budget Scenario 70, 5e - 863.5 .61.8 Y40.^, Y58:8Y56.9 x54.8 ,a 50.5 49.5 48 i `— =—_y-- 46 f_ 4 __ --6 i-- _ -'41.6 40 30 10 10 anent 2009 2010 2011 2012 2013 2014 2015 Fiscal Year $1M surq-Cape Budget ♦ $500K Budget 21 Past Street Maintenance Funding in Diamond Bar (Actual Expenditures, Rounded to 51;000) Costs for FY 09/ 10 based on approved budgets, not actual expenditures 22 E:liE. KIIIk7 ill Residential Arterial Total 05/06 .Area2/Grand Ph I/SYalnut Dr $990,000 52,068,000 53,058,000 06/07 Area 3/Zone 1/Grand Ph ll $706,000 51,742,000 52,448,000 07/08 Area 4/Zone 2/1'rospectors Rd %1,866,000 5525,000 32,391,000 Y08/09 Area s/GrandPhIll/L),coming St 51,418,000 31,100,000 52,518,000 °Y 09/10* Area 6/Zone 3&4/Chino Hills Pkoy $1,100,000 $3,120,000 $4,220,000 Costs for FY 09/ 10 based on approved budgets, not actual expenditures 22 E:liE. KIIIk7 ill Past Street Maintenance Funding Levels General Fund Contribution * FY 09/10 based on City Council approved budget Other Sources Total "05/06 Area 2/ Grand Ph I/Walnut 53,058,000 FY06/07 Area 3/Zone 1/Grand Ph R $2,448,000 1'07/08 Area 4/Zone 2/Prospectors $2,391,000 FY08/09 Area S/Grand Ph Ill/Lycoming St 3 2,518,000 '09/10"Area 6/Zone 38-4/Chino Hills PktM1y $4,220,000 * FY 09/10 based on City Council approved budget Other Sources General Fd eeneraz F.d Pertevtage $958,000 $2,100,000 69% $1,062,000 $1,386,000 57% $1,035,000 $1,356,000 57% $1,854,000 $664,000 26% $4,012,000 $208,000 5% Street Maintenance Fund Sources Non-Recurrine -Federal American Recovery and Reinvestment Act (ARRA) -Congressional Appropriations (as available) -State Proposition 113 -Metro Call for Projects (as available) -Industry Settlement Agreement* Annual Allocations (Estimated $1,520,000 oer year) -Federal Surface Transportation Program Local (estimated $175,000 per year) -State Proposition 42 (estimated $600,000 per year) -State Gas Tax (estimated $1,200,000 per year - approx $11M goes to 0&M) -County Measure R (estimated $530,000 per year) -Waste Hauler Road Fee ($115,000 per year) `,..agent upon construction of the NFL stadium 23 24 8/18/2009 W Funding Plan Recommendations Projected Financial Needs 2008-09 $1,560,674 $1,100,000 $2,660,674 2009-10 $1,033,758 81,196,103 $2,229,861 2010-11 $1,081,063 S1,142447 $2,223,510 2011-12 $1,872,664 $1,201.127 $3,073,791 2012-13 $1,562,531 Recommended Financial Plan 2008-09 $1,418,000 $1,100,000 $2,518,000 $1,853,000 $665,000 26% 2009-10 $1,100,000 $3,120,000 $4.220,000 $4,012,000 $208,000 5% 2010-11 $1,081,063 '$472549 $1559612_ $1,520,000 $33,612 2% 2011-12 $1,872,664 $265,614 $2.138,278 $1,520,000 $618,278 29% 2012-13 $1,562,531 $1,520,000 $313,072 17% 25 Next Steps •h3corporate recommendations into future budget cycles of the Capital Improvement Program -Continue to inspect the entire pavement network every three years to maintain a viable PMS Continue to monitor federal, state, and local funding issues and opportunities 27 8/18/2009 13 Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION AUGUST 4, 2009 D RAA F I STUDY SESSION: M/Everett called the Study Session to order at 5:33 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Kimberly Molina, Associate Engineer; Rick Yee, Sr. Civil Engineer; Ryan McLean, Assistant to the City Manager; and Tommye Cribbins, City Clerk. Also Present: Ron Hagan and Jeff Scott, Matlock & Associates ► PRESENTATION OF DRAFT PARKS MASTER PLAN — Discussion and Action. CSD/Rose reported that the entire draft document is presented in electronic form except for the Executive Summary which has been printed. The seven parts include a maintenance component (Section 7) that will not be adopted as part of the Master Plan and will be maintained as a "user" manual in the City's Parks Department. He stated that tonight's Power Point presentation is similar to what will be presented at the public presentation on Saturday morning at the Diamond Bar Center. C/Tye reported that Section 3 was missing. Mr. Hagan stated that Section 3 was an inventory of the existing parks and pools that will be included in the final document. Responding to MPT/Herrera, Mr. Hagen stated that the draft copy will undergo changes depending on input from the City Council and the public and thus far there have been 50 comments received from the project team. CSD/Rose stated that following tonight's presentation the document will be posted on the City's website. Mr. Hagan reported that he has roceived great cooperation from the project team made up of Parks and Recreation Commission Subcommittee, staff and City administration. He believed the draft document was a tremendous format for the Parks Master Plan and that each section is a workable document. The City Council is looking, at just the Executive Summary that is provided for their use only and can be U'sed as a reference document to be used in future meetings. There is also a complete "trails" -,action in the Master Plan and once individuals learn the way the document is set ip it becomes a very workable document so AUGUST 4, 2009 PAGE 2 CC STUDY SESSION that specific sections can be pulled out for specific meetings. To date, the consultant has done all the initial information gathering, research, analysis, park visits, spoken to numerous park users, conducted a number of community input sessions, citywide phone survey, community center surveys, focus surveys, spoken to support groups, senior group surveys and finished the demands and needs assessment. Eventually, consultants will offer priority recommendations and produce a screen check document that will bring back another set of questions to the City Council before actually coming back for approval. Mr. Hagan explained that in Section 5 Needs and Assessment Analysis, shows the community input tools that were used. Some of the key findings were divided into what the consultant believes the City's short-term needs are as well as the long-term needs for the next 10-20 years. The Master Plan also contains a number of strategies to help address the needs. In terms of short term needs, trail improvements for hiking and exercise, was the number one activity that came out of the surveys. About 70% of the City's population participates in these types of activities at least once a month or more. The second short term need is sports field improvements to existing sites including infield upgrades, protection upgrades, lights and restrooms; Tot lot improvements in neighborhood parks and suggestions; and ADA retrofit improvements. Long term needs include additional space for recreational use for seniors, teens and youth (the number one identified long-term need) for fee-based classes, meeting rooms, computer classes, gym and fitness programs and sports classes and fitness classes; additional lighted baseball, soccer, football and multi -purposes fields to meet future field demands; completion of the Trails Master Plan; additional picnic facilities, walkways, open space and possible future park acquisitions; and, park security measures. Mr. Hagan said that in terms of strategies for meeting the short-term needs the Master Plan contains recommendations for trails improvements to the Peterson Park trail, Pantera Park trail, Sycamore Canyon Park trail, Summitridge trails and the Larkstone Trail. In the long term the need is to implement the Trails Master Plan. In that plan there have been a number of areas for viewpoints with paths and benches, trailhead improvements such as signage, habitat restoration areas, rest area shelters and connection to urban walkways (a big issue with the community); public trails map is a fold up map — an item that is highly desired by the community and very well used; future trail connections to regional trails such as the Schabarum trail; and trails standards. One of the big issues is the need for sports fields. The short term needs for improvements at Peterson Park, Sycamore Canyon Park, Pantera Park include infield improvements, bleachers improvements, etc. and Diamond Ranch High School, restroom and lighting for existing batting cages. The long-term sports field needs are for multi-purpose fields. D.B. enjoys year-round sports such as soccer, Girls Softball, Jr. All- American and Pop Warner Football, Pony League, etc. There are in excess of 4,000 youth involved in those sports programs. A prior study revealed two recommendations for sports fields in D.B. 1) acquire a 60 -acre site to accommodate a centralized sports complex and 2) about two -hundred different AUGUST 4, 2009 PAGE 3 CC STUDY SESSION configurations in improvements to school and park fields. Mr. Hagan said that he did not believe the City could afford 60 -acres of flat land for purposes of building a multi -purposes sports complex. There may be option for sports complexes down the line if certain things come on board. In the short term (the next decade or two) there is an opportunity with the two middle schools (Lorbeer and South Pointe that have existing field spaces that are not being utilized and, both are in locations that would accommodate lighted fields and not impact surrounding residential neighborhoods. Mr. Hagan's firm also looked at elementary school sites but since they are placed within residential neighborhoods, there would be a lot of negative feedback. The two middle schools offer opportunities for a number of soccer fields and overlay baseball fields as well as, multi -use for football. These fields can be lighted from the perimeter — they have existing parking and they will present no noise and lighting impact to surrounding residential neighborhoods. Mr. Hagan believed it would be a good opportunity for a joint -use with the schools. Although the schools lack operating money there is facility money that will be available in the future and there may be ways in which to fund such a project. Another option that came out of the community meetings was to do a joint project with Little League, Pony League, YMCA and possibly Lanterman to reconfigure the current Little League property, Sunset Crossing, the YMCA property and do a master plan development for a multi -field support complex. Logistically it works well. However, it is a complicated project to attempt to put together because the City does not own the property and there are multiple individual owners. Other strategies include Specific Plans for Paul C. Grow Park and Maple Hill Park and two tot lot areas that need to be replaced. The plan also contains recommendations for improvements to a number of other smaller parks throughout the City to make the Tot Lots more functional. Picnic facilities and Tot Lots were big with families. Mr. Hagan said that part of his firm's charge was to take a look at Summitridge Park to come up with a conceptual master plan that fit the needs assessment. As previously mentioned, one of the highest priority needs was program space — for classes, computer classes, seniors, and teen center types of activities. At some point D.B. will need a new community center that has those types of facilities contained within it. Certainly, if any new development takes place on the east or south side of town the City might be able to negotiate property for a community park that would have such a facility in it. Mr. Hagan's firm also came up with a conceptual plan to place another facility that would be compatible with the Diamond Bar Center above Summitridge. The site plan also uses the formerly designated library pad at the site that could be used for a library, a new city hall site, a new community center, etc. The community center could sit at the library site or at the top of Summitridge. In any event, more parking would be required with any additional programs. His firm designed a single -level (or multi- level) below grade parking lot that fits into the bank area. C/Tye suggested a multi-level structure with facilities on top. AUGUST 4, 2009 PAGE 4 CC STUDY SESSION Mr. Hagan stated that that was a possibility as well. Because of the terrain it makes a lot of sense to look at that type of use where the structure is built back into the slope and put the parking underground with the facility on top of the parking lot to keep the lower area as green space/open space. The Parks and Recreation Commission wanted an alternative for the concept plan for Summitridge that had one facility pad and preserved more green/open space landscape for Summitridge. Some of the additional long-term space needs for recreation programming in the Master Plan including building expansion at Sycamore Canyon Park that would expand the Summer Day Camp programs. People wanted more outdoor recreation space so there are two strategies included in the Master Plan 1) to create an outdoor meadow/recreation area at Sycamore Canyon; and 2) to create an outdoor meadow area at Pantera Park that could be used by the Summer Day Camp programs and would provide Girl and Boy Scouts and other groups a designated outdoor recreation area. Also included are plans for the Sunset Crossing and Maple Hill branches of the YMCA to include swimming pools and expansion of their facilities for programs and activities. He believes that one way the City can meet the swimming and aquatic needs is to help facilitate the YMCA to meet those needs. DBHS plans to build a new swimming pool so there may be opportunities for partnering with the high school to be a facilities coordinator for summer programs. Mr. Hagan continued stating some of the other recommendations and strategies include different picnic facilities, walkways and open spaces in various existing parks. There are other desired improvements that are not priorities but came out of public input as "desirable" such as security measures, emergency call facilities along the trails, concepts for improving slope and parks landscaping. Everyone surveyed said they would like to see more basketball courts and a number of parks have been identified that could add basketball courts if funding is available. His firm also looked at site acquisition opportunities, desirable for the future and probably funded from restricted funding sources (grants/donations). Mr. Hagan stated that the City has an updated Master Plan for at least the next ten years and probably for the next 20 years. The document should be viewed in five-year increments. When the City does its annual work program and Capital Improvement Program it will be able to take a section and update it. The Trails Master Plan will be updated with the trails map. Youth and Senior program recommendations are included. His firm analyzed and included recommendations for athletic facility usage for the next decade in the way of improvements to existing sites and recommendations for the two lighted sports complexes at the two middle schools and with these recommendations his firm believes that the City will meet its field standards and demands for at least the next 20 years if funding can be found. ADA recommendations, possible site acquisition opportunities, conceptual plan for Summitridge Park, specific plans and updated maintenance standards for parks and facilities have all been included in the Parks Master Plan. AUGUST 4, 2009 PAGE 5 CC STUDY SESSION Mr. Hagan further stated that this Saturday is the first public presentation of the Master Plan followed by a public comment period ending September 12. He will then return for another Public forum at which time he will take further public input and comments. Then in the fall he will return to the Parks and Recreation Commission, Planning Commission and ultimately to the City Council with a screen -check document that incorporates all of the changes and comments from the public. CM/DeStefano commented that the focus for sports field needs is on Lorbeer and South Pointe but there are other opportunities at Chaparral and/or Golden Springs. Mr. Hagan stated that both are included in the Master Plan; however, the problem with the Chaparral and Golden Springs sites and why his firm is not recommending them is because perimeter lights would spill over into the residential neighborhoods and those two sites do not offer the parking that Lorbeer and South Pointe offer. Additionally, the Lutheran Church is next to Lorbeer and one recommendation is that one parking lot could be shared to eliminate the need for a second parking lot. CM/DeStefano asked if there were any specific recommendations in the document that came directly from any specific ethnic groups. Mr. Hagan said there are strategies for meeting needs of specific ethnic groups, particularly in the program section. A number of programs that reflect a cultural history of certain ethnic groups are recommended in the document. Facilities are designed for all uses and all ethnic groups. As an example, members of the Asian community requested cooking classes. MPT/Herrera pointed out that several years ago the City Council proposed a swimming pool for what the consultant refers to in the Master Plan for Summitridge Park as location 3 and after learning that this was a potential landslide area that proposal was dropped. Mr. Hagan confirmed that the site is a landslide area and that if the City wanted to build a swimming pool it could be mitigated for such a facility but it would be very expensive. Mr. Hagan said he did not believe the City needed an aquatic facility with the high school's pool and if the YMCA proceeds with their two branch improvements the City will have three pools that will attract individuals for recreation, lessons, Mommy and Me classes, etc. MPT/Herrera said she was concerned about Senior and Tiny Tots swim lessons. Mr. Hagan responded that the YMCA has a plan to offer those group lessons as well. Certainly there is a need in town but when his firm weighed the cost of building and maintaining an aquatics complex versus the demand they felt a AUGUST 4, 2009 PAGE 6 CC STUDY SESSION more sustainable approach was to work with the YMCA and schools and help them coordinate those programs. MPT/Herrera asked if there is a fault at the No. 10 location. Mr. Hagan responded that the entire Summitridge area is within a fault zone. The fault area goes through the canyon. Just as the foundation for the Diamond Bar Center had to be a suspended foundation so would other facilities in the area which adds to the cost. M/Everett asked for an overview of the prioritized recommendations. Mr. Hagan responded that this is the first draft. At the back of the Executive Summary there is a pull out sheet that prioritizes the recommendations that the team feels are urgent, needed but not urgent and desired priorities if funding is available. The Summitridge Park Master Plan is in the "needed but not urgent" category, for example. One of the two pads would be good for a community/senior center with gym with parking. MPT/Herrera reminded Council that C/Tye suggested a parking facility with a use facility on top. Mr. Hagan said he could include that as an option within the updated draft document. CM/DeStefano said one of the issues is financing and wondered if there was an estimate of what these proposed facilities would cost because regardless of the cost the City does not have any resources. Often building the facility is not the issue so much as is the resources to maintain those facilities. CSD/Rose and his team are challenged by that issue and will be coming back with suggested financing schemes to help the City construct, maintain and operate these types of facilities and programs for the City's future. To some extent this ties into the opportunities that the Council Lighting and Landscape subcommittee is looking at creating a list of projects and opportunities that the City may take to the community. Again, the City will not have the funds to construct these facilities and most certainly will not have the funds to maintain them. So it is a challenge that the City must face. Staff will come back to the Council with how all of that might be accommodated. Mr. Hagan said that CM/DeStefano is correct with his analysis of the situation particularly with the level of satisfaction the residents currently have with the existing facilities maintenance which is very high at 94% satisfaction — the highest of all of the three dozen master plans he has done. MPT/Herrera asked if the team was exploring solar lighting. AUGUST 4, 2009 PAGE 7 CC STUDY SESSION Mr. Hagan said they were and that they had discussed that at the last study session, particularly for park security measures called out in the Master Plan — particularly around Tot Lots and walkways within the parks. Solar lighting is certainly feasible for those uses. They are also looking at solar for possible field lighting. The technology is such that it is not really recommended at this time because the maintenance for the solar lighting almost equals the cost savings for wired lighting. Mr. Hagan responding to ACM/Doyle stated that solar is being subsidized in Europe and Asia. M/Everett felt the southwest area was perfect for solar. Mr. Hagan said they are looking at the possibility of "sustainability" programs including solar. C/Tye said it was not unlike turf because if D.B. had turfed parks when it was first available it would have cost a fortune and the latest generation of turf is longer lasting and more cost-effective and within a few years there will be solar lighted fields that will also be cost-effective. C/Tye asked if everything in the notebook would remain in the notebook as changes and updates are made. C/Tye asked Mr. Hagan to look at Page 19, Section 2, and the last paragraph which he said made no sense to him. Mr. Hagan said it should read ".....give input" at the end of the sentence. This community wants to be involved so when the City and Council are planning it wants to make sure that there are a lot of methods for the community to provide their input. C/Tye said there was a reference on Page 31 of the document to "Diamond Bar Ranch High School' and there is no such place. In the appendix where there are question marks and highlights, does that designate information is to come. Mr. Hagan responded that C/Tye was correct. C/Tye said Item 12, Page 36 wondered how it was statistically possible for residents to most frequently get information about local parks and recreational activities from the Diamond Bar Weekly News (39%) and the community recreation guide (23%) and wondered if it was because of the particular individuals that were being asked the question. Mr. Hagan responded that it was. C/Tye referred to Page 37 and the discussion about facilities it states that `over 90% reported the two most important facilities residents want the City to provide are walking and hiking trails and the public library. Does that come from the AUGUST 4, 2009 PAGE 8 CC STUDY SESSION group of 28 groups that were surveyed. Mr. Hagan said it comes from its own survey. These are key findings from the telephone survey only. It does not come from all of the public input tools. About 90% of the 500 who agreed to do the survey reported that when they were given the list of facilities in the City that were important to them, walking and hiking trails and public library were the two main concerns. When the user survey was conducted he found that only about 12% of the community actually used the off- road trails so while it is a high priority it is not necessarily for them to actually use the trails. Even though 90% said trails were important when they actually conducted the user survey they found that it was only about 12% of the community actually used the off-road trails so while it is a high priority it is not necessary due to their potential use but more as a perceived aesthetic quality that defines the perception of the quality of life in D.B. — country living, open space, quality of life, etc. C/Tye asked how the consultant factors in a web -based survey to make sure that it is not duped. If one looks at Page 39, 95.7% of the web -based survey individuals said they visited D.B. parks in the past 12 months on a frequent basis. C/Tye said that his question was whether of 165 responses it was statistically significant. Mr. Hagan responded that the only statistically valid survey was the phone survey. The rest were input tools that were used. Starting on Page 47 there is a summary of all of the input tools that were used and the community survey, the focus group, stakeholder interviews, etc. were weighted to come up with the priorities from the community input. M/Everett asked how significant the numbers and priorities for the community center survey were. Mr. Hagan said that the document represents the demand and needs analysis so when looking at what aquatic features the City needs to provide, for example, the top five are definitely the areas in which the City needs to concentrate and the same was true for sports facilities. The number one priority for community events was concerts in the park and art was number two. Web programs provide a very good analysis of what the community wants. C/Tye asked where the library would fall in the list of priorities. Mr. Hagan said they started to look at the library and options for it but the library is not owned by the City but by the county and the Master Plan addresses a joint use project with the County for an expanded library, either on its current site or possible pad site at Summitridge or commercial property that might become available for a library in the future and that the City should work with the County because it is a need in the community. However, it is not part of the Parks and Recreation Master Plan to solve the library — it would only be how it might relate to the park that it is included in this document. AUGUST 4, 2009 PAGE 9 CC STUDY SESSION MPT/Herrera said she had only half sentences on Page 22. Mr. Hagan said it was the same in his document and it will be fixed for the public meeting. MPT/Herrera said she was very impressed with the consultant's background investigation leading to the current draft document including the previous history of the area pre and post cityhood as well as, the demographics, age level, education level and income earning levels. The analysis was very thorough. MPT/Everett asked if Mr. Hagan was comfortable that staff could pick up on the document's goals and objectives. Mr. Hagan assured MPT/Everett that there is a great project team made up of Commissioners, City staff, administration, consultants, all of whom learn from one another. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Everett adjourned the Study Session at 6:28 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of , 2009 RON EVERETT, Mayor Agenda No. 6.1 (b ) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 4, 2009 CLOSED SESSION: 5:00 p.m., Room CC -8 DRAFT Public Comments on Closed Session Agenda — None Offered. ► Government Code Section 54956.9(c) Initiation of Litigation — One Case STUDY SESSION: M/Everett called the Study Session to order at 5:33 p.m. in Room CC -8 of the SCAQMD/Government Center. ► Presentation of Draft Parks Master Plan — Discussion and Action. Public Comments: None Offered. M/Everett recess the Study Session to the Regular City Council meeting at 6:28 p.m. in the Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:36 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that during tonight's Closed Session no public comments were offered and that after discussion the Council took action to approve the proposed settlement for a matter of potential initiation of litigation that involved a dispute between the contract cities that obtain their law enforcement services through the County of Los Angeles over an allocation of liability regarding the criminal behavior of Sheriff's Deputies. CA/Jenkins further stated that the County Board of Supervisors will address this issue next week. CM/DeStefano stated that during tonight's Study Session the Council received an outstanding presentation by Ron Hagan with Matlock & Associates regarding the ongoing development and current status of the Parks Master Plan, a master planning document for Parks and Recreation needs for the next 10-20 years. Public participation is widely sought to help in the creation process of this document. There is a scheduled public presentation on Saturday, August 8 and a public workshop on September 12 with scheduled public meetings to follow with the Parks and Recreation Commission, Planning Commission and City Council. PLEDGE OF ALLEGIANCE: C/Tanaka led the Pledge of Allegiance. INVOCATION: Outreach Pastor Darlene Jones, Diamond Canyon Christian Church, led the invocation. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, and Mayor Everett. AUGUST 4, 2009 PAGE 2 CITY COUNCIL 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, Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Erwin Ching, Assistant 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: None offered. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 CM/DeStefano introduced Assistant Fire Chief Van Mark Madragal with Los Angeles County Fire Department. 2.2 Assistant Fire Chief Madragal, Los Angeles County Fire Department, presented a brief resume and gave a power point presentation on the Fire Department's program "Ready, Set, Go" and showed a brief public service announcement. C/Tye recommended the program be put on DBTV Channel 3. 2.3 CM/DeStefano reported that a few months ago City staff brought a Resolution to the City Council as staff was gearing up for an application to receive Energy Efficiency and Conservation Block Grant money. As part of the recent American Recovery and Reinvestment Act of 2009 there was a special grant program for which cities and states were eligible. D.B. submitted a grant in the amount of approximately $516,000 and was advised today that the City was awarded the entire grant amount, one of two cities in California to date, and one of the first in the nation to receive the award. ACM/McLean chaired the group of staff members that worked very hard to bring this matter to fruition. ACM/McLean reported that in creating the proposal the team attempted to come up with a w0 -balanced proposal and touched on many of the different offerings of the City. Today, when staff learned that D.B. was one of two cities in California that were the first awardees, the team was very excited. Some of the projects that will be pursued as part of the Grant include installation of a solar energy system at the Diamond Bar Center; installation of energy efficiency lighting at the Diamond Bar Center and Heritage Park Community Center; installation of traffic signal interconnect and synchronization at seven freeway on/off ramp intersections; installation of video communications equipment which will connect major intersections to the City's Intelligence Transportation System at City Hall; installation of an energy efficiency air conditioning AUGUST 4, 2009 PAGE 3 CITY COUNCIL system at Heritage Park; putting energy efficient lighting in the City's traffic signal signage throughout the community; and, promote outreach and educational events to involve the public in these improvements and changes through special events such as a green open house, and an expanded enviro-link publication. The next steps will be to pursue the implementation of these aforementioned projects and complete the reporting requirements for the grant. ACM/McLean thanked MA/Gallegos and MA/Santos for their help on the grant. M/Everett congratulated the team. CM/DeStefano thanked the City Council for adopting the first ever Sustainability Report last year, a document that spoke to going after these kinds of opportunities. With the variety of projects that the grant dollars will go toward, greenhouse gas emissions will be reduced by 333 metric tons annually, a huge contribution for the small City of D.B. The energy of ACM/McLean, MA Gallegos and Santos and others is quite contagious. It is a pleasure to work with this group of individuals who put together an outstanding report, a variety of daily activities that often go unnoticed including the outstanding work by CSD/Rose in putting together the Parks Master Plan. 3. PUBLIC COMMENTS: None Offered. 4. RESPONSE TO PUBLIC COMMENTS: None 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 Springs Dr. 5.2 Movies Under the Stars — August 5, 2009 — The Spiderwick Chronicles — Immediately following concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 Community Workshop — Presentation of Draft Parks Master Plan — August 8, 2009 — 9:00 a.m. to 11:00 a.m., D.B. Center Grandview Ballroom, 16800 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., Wiseguys (Big Band) — Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 Movies Under the Stars — August 12, 2009 — Little Giants — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. AUGUST 4, 2009 PAGE 4 CITY COUNCIL 5.7 Traffic and Transportation Commission — August 13, 2009 — 7:00 to 9:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.8 City Council Meeting — August 18, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr 6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded, to approve the Consent Calendar as presented with the exception of Item 6.6 pulled by MPT/Herrera. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES — Regular Meeting of July 21, 2009 — Approved as submitted. 6.2 RATIFIED CHECK REGISTER — Dated July 16, 2009 to July 29, 2009 totaling $1,546,930.47. 6.3 APPROVED TREASURER'S STATEMENT — Month of June 2009. 6.4 APPROVED 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 LANE. 6.5 APPROVED AMENDMENT NO. 4-A TO THE CONTRACT WITH WEST COAST ARBORISTS FOR CITYWIDE 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. 6.7 a) AWARDED 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, APPROPRIATED $24,288 FROM THE PARK DEVELOPMENT FUND TO FULLY FUND THE PROJECT. b) APPROVED 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. AUGUST 4, 2009 PAGE 5 CITY COUNCIL ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.6 ADOPT RESOLUTION NO. 2009-36: APPROVING INSTALLATION OF "NO PARKING VEHICLES OVER 6' HIGH" SIGNS BETWEEN THE INTERSECTION OF WINTERWOOD LAND/AMBERWICK PLACE AND 1362 WINTERWOOD LANE. MPT/Herrera said she asked for this item to be pulled from the Consent Calendar in order to give residents an opportunity to speak on this matter. Ellen Wyse, 23403 Robinbrook PI., said that she was very much in favor of this resolution and was very appreciative of everything that Erwin Ching had done to mitigate this safety issue. There have been so many near misses at this blind intersection. C/Tye disclosed that he drove the area when he learned about the problem and it is a true visual hindrance and fortunate that no one has been hurt. He appreciated the positive feedback. C/Tye moved to adopt Resolution No. 2009-36: Approving installation of "No Parking Vehicles Over 6' High" signs between the intersection of Winterwood Lane/Amberwick Place and 1362 Winterwood Lane. MPT/Herrera said she asked staff earlier about this matter because one of the Traffic and Transportation Commissioners made the comment that if the City puts signs up along the side of the street of Winterwood the owner of the trailers would most likely move the trailers to a different spot further down the street. She wondered why the signs would not be placed on both sides of the street 100 ft. from the intersection. PWD/Liu stated this has been an ongoing concern for the residents. Staff began working on this item last year and has pursued all lines of mitigation including speaking with the owner of the two trailers. In order to address the immediate concerns of the residents, staff researched the available provisions in the Municipal Code and quoted Section 10.16.490. The codes do not offer many options. Specifically, in order to prohibit this kind of condition from happening, the City can mitigate only within 100 ft. of any given intersection. The specific requirement is that the vehicle/trailer has to be in excess of six ft. high. Unless the City had more options available within the Municipal Code staff must look at each incident on a case-by- case basis. Even if signs were placed on that side of Winterwood, it would not prevent the trailers from being moved down the street or to any other location the owner deems convenient. Staff has to work within the existing and very specific code. MPT/Herrera said she was speaking about directly across the street from the current designated area. Is the City not able to put signs on both sides AUGUST 4, 2009 PAGE B CITY COUNCIL of the street leading to the intersection. PWD/Liu stated that it would be physically impossible for those trailers to be able to park on the opposite side of the street due to their length. MPT/Herrera seconded C/Tye's motion. C/Tanaka said he had been approached by several residents seeking remedy and felt that staff had drawn an excellent conclusion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye said he visited as many restaurants as possible this weekend to let them know about a seminar provided by the gas company regarding food equipment service one -of -a -kind ventilation and baking lab that offers at least 150 pieces of energy efficient equipment from more than 60 manufacturers. The Gas Company is not interested in selling the equipment - it is merely an opportunity to show small businesses and restaurants how to be more energy efficient. If businesses are looking to replace equipment this is a great opportunity to see what is available. He told the managers he spoke with that his goal was to make them more efficient and help them save money so that they can continue to do business in D.B. He asked for help in getting the message out about the August 12 seminar from 10:00 a.m. to noon at the California Gas Company's Food Service Equipment Center in Downey. The number for RSVP is 800-427-6584. Last Saturday C/Tye attended the Grand Reopening for Ona Dance in the center at Golden Springs Dr. and Diamond Bar Blvd. D.B. is grateful that Sherry and Bob Levy decided to stay in D.B. Last night he joined C/Tanaka and M/Everett for the Site D public forum. His only comment was that there was not enough time for all the input. Forty plus residents attended and he believed that was where residents had the best opportunity to bring their concerns and recommendations to the City Council. C/Tye said he was chosen by President Garcia of the Los Angeles County Division of the League of California Cities to serve on the Los Angeles County Solid Waste Committee and the Integrated Waste Management Task Force, an issue that will be a great challenge for the area in the years ahead. He looks forward to representing D.B. and the southern California area on the task force. He encouraged residents to attend this AUGUST 4, 2009 PAGE 7 CITY COUNCIL Saturday's Parks Master Plan meeting from 9:00 a.m. to 11:00 a.m. at the Diamond Bar Center. The draft document is very impressive. Included in the document is the following statement: "The project team was impressed with both the dedication of the Community Services and Parks staff to providing quality programming in the City and the high rate of approval from the community with regards to the program offering. The Recreation Division that is responsible for delivering the recreation programs and services appears to be doing an outstanding job with the resources that they have available." Kudos to staff. He also wished his son a Happy 21 s` birthday this Sunday. C/Chang echoed C/Tye's comments about the Parks Master Plan and encouraged residents to participate in the Saturday meeting at 9:00 a.m. at the Diamond Bar Center. The Council is pleased with the initial draft of the Master Plan and that the public's input is very important. This Master Plan has taken almost 12 years to compile and Council is very happy that staff has diligently pursued this matter. He congratulated the consultant on doing a fine job on the document as well. The Master Plan includes a listing of all City Parks and fields, what is lacking, what needs to be improved and what staff and the consultant have proposed. About 94% of residents said they were satisfied with the quality of life and programs the City provides. C/Tanaka said that during the past several weeks he has enjoyed the Concerts in the Park and movies following the concerts. He congratulated D.B.'s newest Eagle Scout, Nazareth Segura from Troop 730. Last week was Parole Officer's Week; this past weekend he attended the D.B. Family Festival; last Monday he attended the D.B. Day at the LA County Fair Community meeting. This year's event will take place on Thursday, September 17. Community heroes for D.B. are Mike and Marny Shay and Elizabeth Fan. This year's youth hero is Anantha Singarajah. He stated that all the heroes will ride in the parade and be, honored during a ceremony immediately following the parade. He thanked residents for attending the Site D presentation. MPT/Herrera felt that D.B. has excellent City staff members who are constantly working toward making D.B. better. Staff and Council selected an outstanding consultant to put together the Draft Parks Master Plan document. The consultant did a lot of background research on the beginnings of D.B., its demographics, age level, incomes levels, etc. to find out who the residents are before commencing to put together recommendations. She applauded the consultant for their work and she applauds other staff members who take the initiative to find out what grants are available and write prospective that are accepted — another example of making D.B. better in light of the most recent grant award of $516,000, a fabulous conclusion. Thanks to staff for all of the good work they do. She hoped everyone was enjoying their summer. M/Everett talked about the $516,000 grant award and emphasized that communication was essential. The Council appreciates the opportunity for communication with the residents on Site D, parking and traffic issues and the Agenda No. 6.2(a) MINUTES OF THE CITY OF DIAMOND BAR WORKSHOP OF THE PLANNING COMMISSION JUNE 23, 2009 CALL TO ORDER: Chairman Torng called the workshop to order at 6:12 p.m. in the South Coast Air Quality Management District/Government Center Room CC -8,21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, and Chairman Tony Torng. Absent: Vice Chairman Steve Nelson Also present: Greg Gubman, Acting Community Development Director, Brad Wohlenberg, Assistant City Attorney, David Alvarez, Assistant Planner; Natalie Tobon, Planning Technician; and, Stella Marquez, Senior Administrative Assistant. 2. PUBLIC COMMENTS: None Offered. 3. REVIEWING ENVIRONMENTAL IMPACT REPORTS: ACCD/Gubman stated that CEQA (California Environmental Quality Act) was enacted into law by the state legislature in 1970 shortly after congress passed the NEPA (National Environmental Protection Act). CEQA is modeled afterthe federal legislation. The basic intent.of CEQA is to compel cities and any public agencies to inform the public and decision -makers about potential significant environmental effects of proposed activities and to be used as a tool to find ways to avoid or reduce environmental damage to a level that is less than significant or to the extent feasible. Once impacts are identified and a way to avoid those impacts are identified CEQA provides cities with the opportunity to prevent damage to the environment by requiring changes to the project that would reduce those impacts. This is a tool that allows cities to look at a project in an objective manner and find solutions to environmental problems by studying impacts one by one and finding ways to modify the project to modify those impacts, if possible. Sometimes there will be environmental impacts that cannot be avoided and sometimes cities must decide whether it wants to accept those unavoidable significant impacts. If the city determines that the project benefits do not outweigh those impacts the project would need to be denied. if the benefits of the project are so compelling that they outweigh some of those unavoidable significant impacts the Commission can JUNE 23, 2009 PAGE 2 PLANNING COMMISSION WORKSHOP approve the project but it would need to disclose to the public why it had made those findings. The purpose of CEQA is not to generate paperwork. Even a hospital which has a lot of noble, good and compelling reasons to be built in an area the city is still required, as with any other project, to find out what the hospital will do to the community and the environment in terms of noise, traffic, light and glare. The bottom line is that CEQA is an objective process to disclose and minimize environmental damage and provide full disclosure to the public in a transparent manner. ACDD/Gubman explained that the purpose of the EIR (Environmental Impact Report) is to reflect the purpose of CEQA which is to inform governmental agencies and the public in general of the environmental impacts of the proposed project. EIRs are not required for all projects. For example, the Commission considers projects at nearly every meeting that are "categorically exempt" such as a room addition or home which, according to CEQA law, are not subject to the regulations under CEQA. Some projects require a Mitigated Negative Declaration, the most recent of which considered by the Planning Commission was the Institute of Knowledge. ACDD/Gubman responded to C/Shah that in the CEQA document it is clear that there are several projects that are exempt from CEQA. There are some projects that are not explicitly listed. However, there are criteria that allow local agencies to make that decision. ACA/Wohlenberg said that exemptions are narrowly construed. The project must clearly fit within the exemption in order to use the exemption. ACDD/Gubman stated that when reviewing an EIR, CEQA states that technical perfection is not a requirement, rather, it is the adequacy, completeness and best good faith effort at full disclosure that is required. If an EIR is challenged, the courts are not going to argue whether the environmental conclusions are correct. The court wants to see that the document is sufficient in terms of providing information to the public. As long as the traffic analysis is sound and is using generally accepted practices, the conclusion that the decision -makers make will not be challenged under CEQA. CEQA says the Draft EIR should normally be less than 150 pages and for proposals of unusual scope or complexity, the document should normally be less than 300 pages. The Site D EIR is already in excess of 500 pages and there are EIR's that run into thousands of pages. Ultimately, the EIR is a document that is attempting to make it impervious to challenge or at the least, hold up to a challenge. Unfortunately, this does not prevent lawsuits and sometimes the length of the legal process of the EIR can kill a project. JUNE 23, 2009 PAGE 3 PLANNING COMMISSION WORKSHOP ACA/Wohlenberg said that CEQA has greater degrees of scrutiny depending on the impacts of the project. There is a list of projects that either the legislature or the state bureaucracies have decided to drive. The EIR indicate there are impacts but those impacts can be addressed and even though the impacts will remain significant the benefits of the project outweigh the impacts. This becomes a judgment call and that is where all of the legal challenges come into play and people are really just challenging the judgment of the city which sometimes leads to lengthy lawsuits if cities have to defend themselves. ACDD/Gubman said that the EIR document should be written in plain language and use graphics so that the decision -makers and the public can understand the document. Technical reports will be separately bound that require technical expertise but the EIR should simplify the complexities of the technical studies for presentation to the public in an understandable and truthful manner. The Site D EIR is plainly written but has technical complexities that will have to be addressed. ACDD/Gubman continued stating CEQA requires that decisions be informed and balanced. Court decisions have interpreted CEQA to include statements that EIR's cannot be converted into an "instrument for the oppression and delay of social, economic or recreational development for advancement." In short, the court is saying that CEQA should not be misused as a weapon to kill a project. When reviewing a project that has an EIR two separate decisions are required: 1) Does the EIR do its job, and 2) whether to approve the project based on the EIR and other factors such as, whether the project has over widened benefits to make those significant impacts that cannot be mitigated sufficiently palatable or that the project does not merit approval because the benefits gained do not outweigh one or more of the significant impacts that cannot be avoided. C/Lee asked if all states have this type of act. California is one of the worst for business involvement for corporations and developers. As a result, a loft of people are moving to other states. A very strict act is helpful to California but California is losing so much money in spite of its potential. People can use CEQA as an instrument to delay or litigate and documents are growing larger and larger. As a developer he goes through many stages to build a house and his experience tells him that every year there are more and more rescissions and this discourages people from investing money into their communities so the community is getting worse. In short, is CEQA good for California? There are so many laws and regulations that people cannot comply with they tend to move away. JUNE 23, 2005 PAGE 4 PLANNING COMMISSION WORKSHOP ACA/Wohlenberg responded to C/Lee that as with any policy there are benefits and negatives. To him, this is what the legislature has adopted so the City needs to work with it_ He was not sure that every state had their own version of CEQA but every state that he has investigated has some version of the law like CEQA that was led from the federal level with states adopting their own versions. Folks in other states seem to be going through almost the same process even though they may have different names for it. ACDD/Gubman said that some states have similar regulations to California and there are states like Utah where businesses are fleeing to because it is much less onerous. C/Lee asked if he understood that CEQA dictates the process for the mitigation of the environmental impact, not just a specific statute for the law. Every project has different variables and all rules cannot be written down so CEQA is a kind of process and guideline of the mitigation. ACA/Wohlenberg reiterated that CEQA says cities need to weigh the benefits of the project versus the unmitigated impacts which is a factual determination. ACDD/Gubman said it is also good to keep in mind that CEQA is the process for disclosing information but California has county and state agencies that impose and enforce the regulations that may lead to some competitive disadvantages to other states. ACA/Wohlenberg stated that those agencies often give cities what the "threshold of significance" is and other agencies are responsible for enforcing these things that tell cities if they are producing a certain amount of pollutants per liter it is significant and cities must mitigate that. Often times cities hands are tied with making the determination of significance. ACDD/Gubman stated an EIR consists of several components that collectively make up the document. Every EIR needs to have an introduction and/or executive summary which give the Commissioners an overview of the project and provide a short synopsis that the EIR will eventually discuss. The introduction sets forth the impacts and what the end result is after those impacts are mitigated. He encouraged Commissioners to read the Executive Summary as a guide to other parts of the document. Another important part of the EIR is the project description. It needs to lay out what the project is, the size, the scope, the square footage, the number of housing units and all of the specifications that are measurable that would enable the Commission to move forward to begin to analyzing the potential environmental impacts. Project objectives also need to be stated in the EIR. The objectives outline what the project proponent intends to gain or achieve from the project. The project objectives would be to create a Home Depot, for example, with x square feet of floor space for each section of the store to serve the home JUNE 23, 2009 PAGE 5 PLANNING COMMISSION WORKSHOP improvement needs of the sub -region in which it is located. The EIR is broken into chapters covering all of the mandated environmental pockets that have to be looked at such as transportation, traffic impacts, biological impacts, air quality, geological, cultural resources, etc., all of which need to be studied in order to determine whether or not those impacts are going to be significant and the EIR needs to say that the "threshold" is — what is the trigger that would be pulled if the project was implemented that would result in significant impacts. With that foundation in place, the document would then go through the impact analysis covering all of those topical areas. C/Nolan asked if the thresholds were pre -determined as an umbrella for all projects or for each individual project and ACDD/Gubman responded that thresholds can vary from city to city but some thresholds are determined by the agencies he previously mentioned. Ultimately, the city or lead agency determines what those thresholds are and that is important because as other projects come forward that require an EIR the Commission wants to make sure it is using the same threshold for current and future projects. Within Diamond Barthe decision -makers need to be consistent with what it has decided its thresholds will be. ACDD/Gubman continued stating that after the impact analysis is complete the Commission move forward to decide which impact has exceeded those thresholds, if significant and to formulate mitigation measures to reduce those impacts, hopefully to a point that they are less than significant which leads to the conclusion or finding of what the ultimate impact is after mitigation. And then, the cumulative impact needs to be looked at so that the Commission is not just looking at the project itself but looking at what future projects are in the pipeline or are likely to occur and look at similar impacts all of those projects will cumulative create. For example, a project is going to add more traffic to an intersection. The project by itself may cause delay of seconds at that intersection but as more projects come online the impacts become more noticeable and finally become a problem. The cumulative process is the methodology to foresee what the cumulative impact is and what needs to be done with the impacted intersection such as widening the intersection, etc. The last major component called the "no project impact" must be considered. In other words, what is the impact of doing nothing, which is really the baseline to measure the true project impacts? In addition, the Commission has to evaluate "feasible" alternatives that can be done with the property that will have a lesser impact than what is being proposed. Those alternatives give a better point of reference to measure how much of an impact the project under consideration is going to have. JUNE 23, 2009 PAGE 6 PLANNING COMMISSION WORKSHOP ACA/Wohlenberg stated that theoretically, there are an infinite number of alternatives but the Commission only has to consider alternatives that would reduce one of the significant impacts more than the proposed project. ACA/Wohlenberg responded to C/Shah that a determination is made that an EIR is necessary if there are project impacts that cannot be mitigated below a means of significant levels. When a Mitigated Negative Declaration is prepared it is saying that this project will have significant impacts but if we apply these mitigation measures all of those impacts will be reduced belowthe level of significance. When CEQA was first written Mitigated Negative Declarations did not exist, they were invented along the way and eventually incorporated into the statute by the legislature. So with a Negative Declaration cities are saying that they have reviewed the impacts and are declaring to the universe that there are no significant impacts in this project. Mitigated Negative Declarations are stating that there are significant impacts but with the right mitigation measures those decrease below the level of significance. An EIR says there are significant impacts but it is believed that the benefits of the project outweigh the burden of those impacts. ACDD/Gubman concluded that in the EIR process the Commissioners are the decision -makers but are considered lay persons and Commissioners are not assumed to be expected to be environmental experts. Therefore, Commissioners should feel that they have confidence in the expertise of staff and the consultants that have prepared the EIR and Commissioners use their common sense to see if questions raised have been sensibly answered. The EIR consultant is in the business of writing EIR's and has no agenda. The consultant does not work for the developer. His job is to protect the city by writing an EIR that withstand legal challenge. Staff would like for the Commissioners to feel comfortable that they can put their trust in their staff to deal with the technical issues, answer questions and explain the facts. ACDD/Gubman concluded with a table -top exercise by going through the EIR review process using the Site D EIR as an example. He encouraged the Commission to immediately begin their formal review of the Site D EIR. The Commission concurred to a follow up workshop on the Site D EIR prior to the next regular meeting. JUNE 23, 2009 PAGE 7 PLANNING COMMISSION WORKSHOP ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:07 p.m. The foregoing minutes are hereby approved this 28th day of July, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Tag orng, ChairmSm Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 23, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:13 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, and Chairman Tony Torng. Absent: Vice Chairman Steve Nelson was excused. Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; Katherine Laufenburger, Senior Planner; David Alvarez, Assistant Planner; Natalie Tobon, Planning Technician; and, Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1.1 Study Session Minutes of May 26, 2009 C/Nolan moved, C/Lee seconded, to approve the Minutes of May 26, 2009, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None Lee, Nolan, Chair/Torng None Shah VC/Nelson JUNE 23, 2009 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 — Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.56, the applicant requested approval to construct a 5,035 square foot four level addition to an existing 4,035 square foot two- story single family residence on an 85,983 square foot (1.97 acre) Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. A Minor Conditional Use Permit was requested to allow the expansion of an existing non -conforming structure. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 22909 Lazy Trail (Tract 30091, Lot 153 APN 8713-029-009) Diamond bar, CA 91765 Ankur H. Shah 22909 Lazy Trail Road Diamond Bar, CA 91765 B&D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 SP/Laufenberger presented staff's report and recommended Planning Commission approval of Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Dr. Shah, property owner, said he was present to respond to questions. Chair/Torng closed the Public Hearing. C/Lee moved, C/Nolan seconded, to approve Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08, based on the Findings of Fact, and subject to the conditions of approval as listed in the resolution. Motion carried by the following Roll Call vote: JUNE 23, 2009 PAGE 3 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nelson 7.2 Development Review No. 2008-20 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to construct an 851 first floor addition and 1,087 square foot second floor addition to the front of the existing multi -story 8,936 square foot single family residence on a 43,797 square foot Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. PROJECT ADDRESS: PROPERTY OWNER: 2677 Wagon Train Lane (Tract 30578, Lot 55 APN 8713-012-18) Diamond Bar, CA 91765 Marie and Jorge Navarro 2677 Wagon Train Lane Diamond Bar, CA 91765 APPLICANT: Total Engineering Solutions 24000 Alicia Pkwy, Suite 17 4284 Newport Beach, CA 92660 SP/Laufenberger presented staff's report and recommended Planning Commission approval of Development Review No. 2008-20, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Yasser Salem, Total Engineer Solutions, said he concurred with staff's recommendations. Chair/Torng closed the public hearing. JUNE 23, 2009 PAGE 4 PLANNING COMMISSION C/Shah moved, C/Nolan seconded, to approve Development Review No. 2008-20, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lee, Nolan, Shah, Chair/Torng None VC/Nelson 7.3 Conditional Use Permit No. 2009-02 — Under the authority of Diamond Bar Municipal Code Section 22.58, 1 na Dance submitted a request to establish a dance studio providing instruction for all age groups. The subject property is zoned C-2 (Community Commercial) with an underlying General Plan designation of General Commercial. Approval of a Conditional Use Permit is required to establish educational uses in a C-2 zone. PROJECT ADDRESS: PROPERTY OWNER: Diamond Bar Village Shopping Ctr (APN 8717-008-185) 367 Diamond Bar Boulevard Diamond Bar, CA 91765 Diamond Bar Village Associates, Ltd 10877 Wilshire Blvd, Suite 1105 Los Angeles, CA 90024 Applicant: 1 na Dance 2707 South Diamond Bar Blvd #205 Diamond Bar, CA 91765 PT/Tobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. PT/Tobon responded to C/Lee that students are as young as two years of age. Chair/Torng questioned the hours of operation. PT/Tobon responded that the hours of the lessons may vary from year to year so staff built flexibility into the resolution. There were no ex parte disclosures. JUNE 23, 2009 PAGE 5 PLANNING COMMISSION Chair/Torng opened the public hearing. Sherry Liebe, 1 na Dance, said the business has existed for 20 years. She lost her lease and is forced to move to a new location. C/Nolan moved, C/Lee seconded, to approve Conditional Use Permit No. 2009-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nelson 7.4 Temporary Use Permit No. 2009-01 — Under the authority of Development Code Section 22.50, the applicant requested approval to hold a four-day family festival that would accommodate carnival rides, booths, live entertainment, a food court and a beer garden at the Diamond Bar Pony Baseball Fields. PROJECT ADDRESS: PROPERTY OWNER: 22601 Sunset Crossing Road (APN 8718-005-005) Diamond Bar, CA 91765 Diamond Bar Pony Baseball 22601 Sunset Crossing Drive Diamond Bar, CA 91765 APPLICANT: Diamond Bar Pony Baseball P.O. Box 4113 Diamond Bar, CA 91765 AP/Alvarez presented staff's report and recommended Planning Commission approval of Temporary Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. During his presentation, AP/Alvarez explained in detail each of the conditions of approval recommended by staff, including hours of operation, a requirement to contract for on -duty sheriffs deputies to be present, parking JUNE 23, 2009 PAGE 6 PLANNING COMMISSION management, payment of a refundable deposit to guarantee post -event cleanup, and the implementation of various security measures. There were no ex parte disclosures. Chair/Torng opened the public hearing. John Long, President, Diamond Bar Pony Baseball, said this event will be held by two organizations, Diamond Bar Pony Baseball and Diamond Bar Pop Warner Football, to help raise money for the organizations and support Diamond Bar youth. He explained that Thursday was proposed to be a kickoff day for the event with affordable rides. He asked that Friday and Saturday hours be extended to 11:00 p.m. to close off the sales for tickets at 10:00 p.m. and allow for use of the tickets during the additional hour. C/Lee felt the festival would be successful but he was concerned about security. Staff's report refers to sheriff's officers and volunteers. He asked the applicant for the number and hours. Mr. Long said that the plan is to hire two off-duty deputies to be onsite during the last four hours of operation. In addition, the organizations will assign its own personnel to act as security. Many of the members are in law enforcement and will assist the officers. There will be an individual posted at the beer garden entrance and an individual to check IDs. C/Nolan asked if the beer garden would be enclosed and Mr. Long responded that it was actually in the gated field but not enclosed. C/Nolan said she would recommend that the beer garden be roped off with attendants. C/Nolan said that the hour to sell beer should be moved back a full two -hours if the time extension is granted. Mr. Long responded that there is only one entrance into the field. C/Nolan said she understood what Mr. Long was saying but Alcoholic Beverage Control (ABC) would require the serving area to be roped off with an attendant at the entrance to the beer garden. Mr. Long agreed to comply with C/Nolan's request. C/Nolan said that she would favor closing the beer garden at 9:00 p.m. on Friday and Saturday and would require that the area be roped off, and that there is an attendant available to check ID's and make certain no minors are allowed in the roped area. Mr. Long concurred. C/Nolan said she was trying to save the applicant difficulties with ABC. Mr. Long said he went to ABC today and they had no problem with the setup and with minors being in the area. Mr. Long stated that there is one gate and an attendant will be JUNE 23, 2009 PAGE 7 PLANNING COMMISSION checking IDs and providing wristbands and security. Once inside the gate even minors can enter the gate and the canopy but patrons with alcohol cannot leave the area. He stated that ABC was fine with the set up. Children will be allowed to enter and sit with their parents. C/Nolan said she stood by her recommendation. C/Nolan asked how many attendants ABC required in the entertainment area where alcohol is being served. Mr. Long responded that ABC did not give him a specific number. He indicated there would be one attendant at the gate along with roaming deputies and roaming security personnel. Mr. Long stated that only those with wrist bands could purchase alcohol. C/Nolan asked if Mr. Long applied for approval or received approval and Mr. Long responded that he applied and was given verbal approval based on receipt of a copy of the 501(c)(3). Chair/Torng reiterated C/Nolan's recommendation that alcohol be served until two hours prior close instead of 90 minutes. Chair/Torng asked Mr. Long if they could comply. Mr. Long responded yes. Chair/Torng asked staff their view on the requested closing time of 11:00 p.m. C/Nolan stated that her recommendation to change the hours were for Friday and Saturday and for beer sale only. ACDD/Gubman stated that staff reached its comfort level at 10:00 p.m. due to the character of the surroundings. If there are no objections from the public the public hearing notice advertised the applicant's request to be open until 11:00 p.m. on Friday and Saturday and it is the Commission's pleasure to allow 11:00 p.m. to be closing time on those nights. In summary, the times raised for discussion and consideration are hours of operation for Friday and Saturday; a closing time for the beer garden at 9:00 p.m. on Friday and Saturday; and, whether or not to rope off the beer garden area under the canopy. ABC will be at least as restrictive as the Commission. The Commission should also take into account Mr. Long's remarks about meeting with ABC and the particular configuration of the beer garden area with the wristband program and with the gated enclosure in which the beer garden would be located. Mr. Long responded to C/Nolan that there will be a minimum of one security person at the main gate and a minimum of two deputies and two volunteer security personnel dressed in security jackets in the carnival area. C/Nolan asked if Mr. Long could provide three roaming volunteers for a total of five identified security personnel. ACDD/Gubman advised Chair/Torng to receive public testimony before continuing to negotiate conditions. JUNE 23, 2009 PAGE 8 PLANNING COMMISSION Chair/Torng asked if anyone wished to speak on the matter. Greg McKnight, President, Diamond Bar Pop Warner, addressed C/Nolan directly saying that with respect to the security aspect, the last thing the organizers want are problems at this event. A number of individuals involved in this organization including the speaker are law enforcement officers and the last thing they will do is allow this event to get out -of -hand. There are a number of individuals who are deputies at the Walnut Sheriff's station, City of Industry, LAPD, etc. There are at least 20 law enforcement officers in Pop Warner alone. Being in law enforcement for 23 years he believed he was a pretty good judge of character as to how these things can get out -of -hand based upon his experience. If the Commission feels comfortable with three, four or five security officers, he may increase the number of security officers to six or seven depending on the type of crowds that gather. He said he believed there should be flexibility on the matter and that the Commission should rest assured that it has a strong law enforcement community in the City of Diamond Bar when it comes to the "use of force" program. And his organization will definitely make certain they enforce anything that might get out -of -hand. His organization is working with the Sheriff's Department — Walnut station's captain and lieutenant and this event will be a success and the last thing that will occur is disruptive influence at this facility. Chair/Torng asked again if anyone wished to speak on the matter. With no other person requesting to speak on this matter, Chair/Torng closed the public hearing.. C/Shah said he was pleased that this event was being scheduled because he believed people would enjoy it and have a nice time. He had two concerns, one of which was the safety of the people. He used to work for the railroad and Metrolink and wanted to make sure no one could cross the tracks. The organizer assured him that there was a continuous fence. His second concern was about security and he feels comfortable that many of the organizers are from the sheriff's department. He was somewhat concerned about the later time of 11:00 p.m. Staff recommended 10:00 p.m. and wanted assurance that staff was okay with 11:00 p.m. C/Lee said this is a first time event for this organization and he encouraged and appreciated their attempt to comply with the conditions. He said he was concerned about security but had a comfort level about security after the JUNE 23, 2009 PAGE 9 PLANNING COMMISSION applicant explained the matter. He said he believes the applicant knows what he's talking about. C/Nolan said she would like to firm up the number of volunteers that would be roaming the area to make certain minors are not drinking. She would like one at the gate to check ID's and supply the bands, an additional four security personnel outside of those individuals being hired for a total of five volunteers roaming the area. Chair/Torng said he respects individuals who volunteer to do this kind of work. C/Nolan is a volunteer for the City's Birthday Party and that is the reason she is giving the applicant the benefit of her experience. He felt it was very important for the security and safety aspects and the time might be a little long but he really believed that when volunteer organizations promise to do something they usually make it. As long as that is the case he said he would go for it as well. He asked staff to restate its position on extending the hours for Friday and Saturday to 11:00 p.m. ACDD/Gubman responded to Chair/Torng that staff's recommendation is for a 10:00 p.m. closing time Thursday through Saturday and a 9:00 p.m. closing time on Sunday based on staff's review of the project and staffs expectation of what the neighborhood concerns might be. ACA/Wohlenberg asked C/Nolan if the applicant had clarified to her satisfaction of the number of volunteers. C/Nolan responded that the applicant indicated he was accepting of her recommendation for five volunteers to be available to roam the area at all times. C/Nolan said she was leaning toward staff's recommendation of 10:00 p.m. closing time for Saturday and Sunday. Since this is a first time event the 10:00 p.m. closing time would be her recommendation and in the future years it could be further evaluated. Chair/Torng said he was also concerned about the 11:00 p.m. hour and suggested 10:30 as a compromise. C/Lee said the community comes first. He said this was a public hearing and it needs to be formal and everybody needs to be heard. Everybody is talking at different times. Chair/Torng said this was the discussion period and if there is consensus a motion will follow. If the motion is approved, it is approved. If it fails, it fails and then there will be another round. This is the normal meeting process. Chair/Torng said he would entertain a motion. JUNE 23, 2009 PAGE 10 PLANNING COMMISSION C/Shah reiterated that he agrees with staff's recommendation of 10:00 p.m. C/Nolan moved to approve Temporary Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution, to include the 10:00 p.m. closing time with the original 90 - minutes prior to closing to stop the sale of alcoholic beverages, and with concurrence from the organizers that they will have five identified security volunteers in the beer and entertainment area. C/Shah asked that the motion be amended to state a "minimum" of five identified security volunteers. C/Nolan agreed to the amendment. C/Shah seconded the motion. C/Lee asked for clarification about whether the 10:00 p.m. closing time applied to all four days. C/Nolan responded that her motion was to accept staff's recommendation for the original times stated in the staff report: 10:00 p.m.; Thursday, 10:00 p.m. Friday; 10:00 p.m. Saturday, and 9:00 p.m. Sunday. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nelson 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah welcomed PT/Tobon to the Commission meeting and wished her good luck in her new position. C/Lee said he had comments regarding Agenda Item 7.4. He said this was the first event and they prepared so much time, effort and energy and a lot of volunteers are involved with this event. He fully believes they know what they are doing and that if you cut one hour it would be eight or ten percent or more cut from the event and this event can be a fundraiser or just for fun. He said he would like to respect the applicants' preparation and effort on their event. He wished them a successful event and thanked them for trying. C/Nolan also wished the organizers good luck and felt it would be a great event and a very good family event. She wished them good luck. JUNE 23, 2009 PAGE 11 PLANNING COMMISSION Chair/Torng concurred with his colleagues and hoped that the organizers would have a great event. Someone from the audience spoke out relative to Item 7.4 and Chair/Torng said he closed the public hearing for that matter. ACA/Wohlenberg agreed that the public hearing was closed and the Commission voted on the matter. Again, someone from the audience spoke out related to Item 7.4 and ACDD/Gubman advised Chair/Torng that the applicant had 10 days to file an appeal. Chair/Torng stated that the applicants have 10 days to file an appeal if necessary. C/Lee said he understood that the formal procedure did not give the applicants another option or opportunity to speak but after the Commissioners finish their comments but maybe the applicants should have another opportunity to speak because the Commissioners' job is to listen to the people. The Commission does have some power or authority to do something. He thought the main job of the Commission was to listen to the applicants and that's why the Commissioners are here. So if it is not against procedure he fully believed that the Commissioners must listen to the applicants and during the procedure he wants to listen to them. But whatever procedure prevents listening to the applicants means he does not have a chance to listen. But the Commission must listen to the applicant's side first and then it can make a clear decision. That is the right way to proceed with a Planning Commission meeting. He wondered what staff thought about his statement. Chair/Torng responded to C/Lee that the public hearing process was followed in this matter. He explained that following staff's report the public hearing was opened and the applicants spoke. After testimony was received the public hearing was closed and discussion was held to reach mutual agreement which was followed by the proper motion process. The motion was approved unanimously. If the motion had not been approved, it would have been acceptable for a Commissioner to offer an alternate motion. During the public hearing the applicant and members of the public are offered an opportunity to speak and be heard. When the Chair closes the public hearing, the Commissioners offer their opinions and recommendations and consider staff's recommendations to reach consensus after which a vote is taken. ACA/Wohlenberg said he agreed with Chair/Torng. The way land use permit processes are set up under state law and municipal codes, the Commission is empowered to act on those. The Commission is required to accept public input and an opportunity is provided for that but it is generally not a debate. The public can bring information forward for the Commissioners to consider in making these decisions. JUNE 23, 2009 PAGE 12 PLANNING COMMISSION C/Lee said that at the time Chair/Torng closed the public hearing he did not think there had been enough time for the speakers to respond. That is why the applicant is saying they did not have a chance to speak about their concerns. After Commissioners finish their comments he believed that the Commission must give the applicants an opportunity to express their thoughts. That is the Commission's job. C/Nolan asked if legal counsel believed the applicants should have been invited up for a rebuttal in accordance with the procedure. ACA/Wohlenberg responded that there is no public hearing requirement that the applicant be provided rebuttal time. There is a period during which public comment and information can be received, That period was agendized and there were no public comments forthcoming and the Chair closed that portion of the public hearing. C/Shah said there is a legal remedy for appeal and ACA/Wohlenberg responded that after the Commission takes action in the form of a motion that action is appealable to the City Council for reconsideration. Chair/Torng welcomed PT/Tobon and commended her on a great presentation. He liked the presentation that he felt was very friendly. He commended staff for today's study session on how to read an El R. It was a great presentation. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. None Offered. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. C/Lee wanted to proffer additional comments and was told that he had an opportunity to do so under Agenda Item 8. JUNE 23, 2009 PAGE 13 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:20 p.m. The foregoing minutes are hereby approved this 14th day of July, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director T orng, Chaii Agenda No. 6.2(c) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 14, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Katherine Laufenburger, Senior Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1. Regular Meeting Minutes of June 23, 2009 C/Shah moved, C/Lee seconded, to approve the Minutes of June 23, 2009 as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS 7. PUBLIC HEARINGS: None None Lee, Nolan, Shah, Chair/Torng None VC/Nelson None 7.1 Conditional Use Permit No. 2009-03 Under the authority of Diamond bar Municipal Code Section 22.58, Vision 21 Art submitted a request to provide JULY 14, 2009 PAGE 2 PLANNING COMMISSION art tutoring, art consultation and private art classes for college preparatory courses in conjunction with a retail art supply store. PROJECT ADDRESS: PROPERTY OWNER: 2040 Brea Canyon Road, Suites 161 & 170 Diamond bar, CA 91765 Plaza Diamond Bar Partners, LLC 3029 Wilshire Boulevard, Suite 202 Santa Monica, CA 90403 APPLICANT: Massum Azizi, AIA 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 CDD/Gubman respectfully requested that the Planning Commission continue this matter to the next regularly scheduled meeting of July 28, 2009. The applicant failed to post the property within the required timeframe which placed the notification out of full conformance with the Development Code requirements. VC/Nelson said he would second the motion if he were assured that the applicant was given sufficient notice to post the property. CDD/Gubman assured VC/Nelson that the applicant was given sufficient notice. C/Nolan moved, VC/Nelson seconded, to continue Conditional Use Permit No. 2009-03 to July 28, 2009. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson Chair/Torng None None 7.2 Development Review No. 2007-38 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to construct a new 10,738 square foot single family residence on a 43,273 square foot Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. JULY 14, 2009 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS: PROPERTY OWNER: 22878 Canyon View Drive (Tract 42589, Lot 29; APN 8713-024-013 Diamond Bar, CA 91765 Billy Chung 17764 La Pasaita Ct. Rowland Heights,_ CA 91748 APPLICANT: Massum Azizi, AIA 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2007-38, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Nelson said he appreciated staff's anticipation of his concerns about sensitive species versus open space. He asked to verify a variance of the front yard setback based on the fact that the rear portion of the yard is constrained because if this is the kind of house that is commensurate with living in "The Country Estates" this is what the Planning Commission needs to consider. PC/Laufenburger explained that when project comes back to the Commission it would be the owner's intent to get the house comparable to what is in the neighborhood. Chair/Torng asked if it would impact the project were the Commission to approve it today and not approve the variance when it came back to the Commission. PC/Laufenburger responded that if the variance was not approved the owner would have to push the house back to meet the front yard setback requirement so that it would not encroach into the rear setback or they would have to do something to make the depth of the house more shallow to meet both the front yard and the rear yard setback. There were no ex parte disclosures. Chair/Torng opened the Public Hearing. The applicant and owner were present but did not speak. JULY 14, 2009 PAGE 4 PLANNING COMMISSION Q 9. With no one who wished to speak on this matter, Chair/Torng closed the Public Hearing. VC/Nelson moved, C/Nolan seconded, to approve Development Review No. 2007-38, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lee, Nolan, Shah, VC/Nelson, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects. Chair/Torng asked about the cell tower at Chaparral School. CDD/Gubman responded that the school district asked Verizon to withdraw its application due to the neighborhood opposition. The appeal was withdrawn and the matter is closed. CDD/Gubman stated that at its next meeting the Planning Commission will hold a workshop at 6:00 p.m. in Room CC -8 to continue the discussion regarding CEQA and tips on reading and EIR. CDD/Gubman announced that effective July 1, 2009, he has been permanently appointed Director. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JULY 14, 2009 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:17 p.m. The foregoing minutes are hereby approved this 28th day of July, 2009. Attest: Respectfully Submitted, Greg Gubman Community Development Director To orng, Chairman CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive Diamond Bar, CA 91765 JUNE 25, 2009 CALL TO ORDER: Chairman Herndon called the Parks and Recreation Commission meeting to order at 7:01 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. ROLL CALL: Present: Commissioners: Ruth Low, Ted Owens, Vice Chairman Dave Grundy, and Chairman Lew Herndon Absent: Commissioner Benny Liang was excused. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Supervisor; and Alison Meyers, CS Coordinator. PRESENTATION OF 2009 YOUTH SOCCER SPORTSMANSHIP AWARDS: Presentation by RS/Murphey. RECESS: Chair/Herndon recessed the meeting at 7:02 p.m. RECONVENE: Chair/Herndon reconvened the meeting at 7:15 p.m. MATTERS FROM THE AUDIENCE: Resident Tom Ortiz spoke off mike. CALENDAR OF EVENTS: As listed in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1.1 Approval of Minutes for the May 28, 2009 Regular Meeting. C/Low moved, C/Owens seconded, to approve the May 28, 2009 regular Meeting Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Low, Owens, VC/Grundy, Chair/Herndon NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Liang JUNE 25, 2009 PAGE 2 P&R COMMISSION 2. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM REPORT — RS/Murphey RS/Murphey responded to C/Owens that although there are about 300 on the waiting list for Summer Day Camp only about 100 per day can be accommodated. Staff does not keep track of residency to know how many D.B. residents are on the list. RS/Murphey responded to C/Owens that there are four adult basketball leagues. C/Low asked about a newspaper article referring to D.B. sponsoring exotic trips out of the country. RS/Murphey explained that RS/Meyer offers multi -day trips through a couple of different travel providers. She said she did not believe any out of country trips had been sold. However, the City has sold quite of few trips within the United States. The City retains a portion of the fee and the trips are promoted in the Recreation Guide. D.B. does not subsidize the trips. CSD/Rose said D.B. retains 10 percent for the booking fees and the trips are fully escorted by the travel agencies. One of the leading requests from seniors is for multi -day trips. It proved to be too expensive for staff to run the trips. The good thing is that even if D.B. sold only three or four trips this company offers this service to so many other cities that the trip still goes. RS/Murphey said each trip includes pickup from home and drop off at home after the trip. CSD/Rose said that it is not limited to seniors, any adult can take advantage. C/Owens asked if the City Attorney has any liability issues and CSD/Rose responded that the provider has insurance to cover liability issues. All third party contractors provide insurance for the City as additional insured. RS/Murphey responded to Chair/Herndon that registration for Summer Day Camp is taken at the Diamond Bar Center and the program takes place at Heritage Park. CSD/Rose said there is no other facility that the City can commit five days a week. CSD/Rose responded to Chair/Herndon that RC/Tarazon puts together a thank you gift bag to present to the West Coast Arborist representative at the ceremony. C/Owens asked if a thank you letter had been sent to the LDS Church and CSD/Rose responded affirmatively. 2.2 PARKS REPORT — PMS/Jordan C/Owens suggested the Commission send a letter of congratulations to Girl Scout Ashley and her crew for her community service. Chair/Herndon said he noticed that there seemed to be a lot more graffiti JUNE 25, 2009 PAGE 3 P&R COMMISSION reported and wondered if it was a trend. PMS/Anthony said it was not a trend. The graffiti he reported was minimal. There is a situation at Sycamore Canyon Park adjacent to the creek about 600 to 700 feet south of the deck where there is quite a bit of graffiti. It appears there has been a lot of activity after hours including drinking. There was a tent in that location where it appeared people were camping out. The Sheriff's Department has been informed and they are monitoring the situation. He will be working with CCC to eradicate the graffiti, the majority of which is on trees and rocks. Outside of Sycamore Canyon there has not been much of an increase. Chair/Herndon said that the new Parks Master Plan calls for cameras at the entrance to parks. Has the City considered proceeding with that installation any sooner? CSD/Rose said that item was removed from the proposed 2009/10 FY budget. 2.3 2010 CPRS CONFERENCE - Palm Springs, March 9 through March 12, 2010. CSD/Rose reported that early bird registration prices for the conference end on October 31. If Commissioners are prepared to commit to attending the Conference, staff can proceed with registration after July 1. VC/Grundy asked if the City was applying for any awards through the Conference. CSD/Rose felt staff should apply for the Steep Canyon Trail project. Chair/Herndon asked if there were any awards for programs such as the Volunteen program and CSD/Rose said they were all eligible. C/Owens said he would attend the Conference. 2.4 PARKS MASTER PLAN UPDATE — CSD/Rose stated that the next meeting is scheduled for Tuesday, June 30 to discuss the Draft Parks Master Plan and priorities discussed at the previous meeting. Staff is preparing a Study Session on the Parks Master Plan for Thursday, July 30 in place of the regular meeting. The next public meeting is scheduled for Saturday, August 8 from 9:00 a.m. to 11:00 a.m. with a follow up public meeting on Saturday, September 12 from 9:00 a.m. to 11:00 a.m. to receive public comments. Depending on the amount of comments and the changes that would need to be made to the Draft document, it will be presented at the September or October Parks and Recreation Commission meeting after which there would be a final presentation to the City Council. C/Low asked if the document would be finished in time to apply for a conference award and CSD/Rose said it is possible. Chair/Herndon said he would be out of town on July 30th C/Low moved, VC/Grundy seconded, to adjourn the regular July 23, 2009 Parks and Recreation Commission meeting to the July 30th Commission JUNE 25, 2009 PAGE 4 P&R COMMISSION Workshop due to an anticipated lack of quorum. Without objection, the motion was so ordered. 2.5 Trails Master Plan Subcommittee (C/Low and C/Herndon) — Schedule subcommittee meeting to review draft document Following discussion about whether to blend the Trails Master Plan with the Parks Master Plan, C/Low believed that in the interest of efficiency, public comments should be received concurrently and the subcommittee meeting could be scheduled prior to the first public meeting. 3. OLD BUSINESS: None 4. NEW BUSINESS: July is Parks and Recreation Month — Review Resolution, provide input and recommend its adoption by the City Council at their July 7, 2009 meeting. VC/Grundy offered to accept the Resolution if Chair/Herndon was not available. 5. ANNOUNCEMENTS: C/Low wished everyone a happy and safe July 4th and was certain the 4th of July Blast would be terrific. She highly recommended the book 9776. VC/Grundy said that in his opinion, the City has been doing a great job with the field allocation meetings. For the most part the process runs pretty smoothly in spite of D.B. being tight on field space. He may be a little late for the July 30th meeting. C/Owens concurred with VC/Grundy about the user group meetings. Chair/Herndon complimented staff on a great job. The reports represent a great effort on staff's part and he is always impressed by staff. ADJOURNMENT: VC/Grundy moved and C/Owens seconded to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Herndon adjourned the meeting at 8:00 p.m. Respectfully Submitted, BOB ROSE, SECRETARY Attest: CHAIRMAN LEW HERNDON Agenda # 6.4 Meeting Date: August 18, 2009 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma+*V TITLE: Ratification of Check Register dat bd July 30, 2009 through August 12, 2009 totaling $773,586.72. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $773,586.72 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated July 30, 2009 through August 12, 2009 for $773,586.72 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Financ4 birector Assistant City Manager Attachments: Affidavit and Check Register — 07/30/09 through 08/12109. 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 30, 2009 through August 12, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $492,812.90 Community Organization Support Fd $700.00 Prop A - Transit Fund 9,123.95 Int. Waste Mgt Fund 8,236.30 Traffic improvement Fund 7,324.22 CDBG Fund 1,268.41 LLAD 38 Fund 10,256.03 LLAD 39 Fund 7,174.63 LLAD 41 Fund 3,834.21 Capital Improvement Projects Fund 232,856.07 $773,586.72 Signed: X 1� `811kr14 r Linda G. Mag on Finance Director City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/6/2009 09 -PP 16 PAYROLL TRANSFER P/R TRANSFER-09/PP 16 125 10200 1,268.41 $177,205.54 8/6/2009 86072 PAYROLL TRANSFER P/R TRANSFER-09/PP 16 001 10200 163,395.50 $140.00 8/6/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 16 112 10200 8,626.22 8/6/2009 1PAYROLLTRANSFER IKIM ALEGADO P/R TRANSFER-09/PP 16 1115 10200 3,915.41 $50.00 7/30/2009 86071AGRICULTURAL COM WGHTS & MEASURES ICOYOTE CONTROL SVCS -JUN 0014431 1 45406 1 539.501 $539.50 7/30/2009 1 JALL ALL AMERICAN ASPHALT CONSTRUCTION -PROSPECTORS 2505510 46412 222,471.89 7/30/2009 1 86072 AZRAAHMEDI IRECREATION REFUND 001 34780 1 140.001 $140.00 7/30/2009 1 86073 IKIM ALEGADO IFACILITY REFUND -HERITAGE 1 001 1 23002 1 50.001 $50.00 7/30/2009 86074 AMERICAN ASPHALT RETENTION PAYABLES 250 20300 -22,247.19 $200,224.70 7/30/2009 1 JALL ALL AMERICAN ASPHALT CONSTRUCTION -PROSPECTORS 2505510 46412 222,471.89 7/30/2009 86075 CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -JUN 0014411 45410 6,410.74 $9,063.46 7/30/2009 1 JALL ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -JUN 0014411 1 45410 1 2,652.72 7/30/2009 1 86076 JAMERICAN MINI STORAGE I STORAGE RENTAL -FY 09/10 1 0014090 1 42140 1 14,641.00 $14,641.00 7/30/2009 ARROWHEAD SUPPLIES -WATER DBC 0015333 41200 1 1 49.53 7/30/2009 1 86077 JAMERICOMP GROUP INC SUPPLIES -TONERS 1 0014070 1 45000 1 284.25 $284.25 7/30/2009 86078 ARROWHEAD EQ RENTAL -DBC 0015333 42130 12.01 $61.54 7/30/2009 ARROWHEAD SUPPLIES -WATER DBC 0015333 41200 1 1 49.53 7/30/2009 1 86079 IKATHY BREAUX CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 441.601 $441.60 7/30/2009 1 86080 ICINEMARKTHEATRES EXCURSION -DAY CAMP 8/5 1 0015350 1 42410 1 510.00 $510.00 7/3012009 1 86081 NANCYANN CLARK CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 288.001 $288.00 7/30/2009 86082 ICOLD DUCK PRODUCTIONS INC BAND -CONCERT IN PARK 8/5 1 0015350 1 45305 1 1,500.00 $1,500.00 7/30/2009 1 86083 ICOMMUNITY BANK RETENTION -ALL AMERICAN 1 250 1 20300 1 22,247.191 $22,247.19 7/30/2009 1 86084 INEIL DE JESUS FACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 7/30/2009 1 86085 ICAROL DENNIS PROF.SVCS-CNCL MTG 717 1 0014030 1 44000 1 225.001 $400.00 Page 1 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund! Dept Acct# I Amount Total Check Amount 7/30/2009 86085... CAROL DENNIS PROF.SVCS-CNCL MTG 7/7 0014030 44000 1 175.00 $400.00_ 7/30/2009 86086 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 179.81 $239.00 7/30/2009 1 IFEDEX I EXPRESS MAIL -GENERAL 0014090 42120 1 59.19 7/30/2009 86087 IGLADWELL GOVERNMENTAL SVCS INC JELECTION SVCS -WK 7/14 1 0014030 1 42390 1 665.001 $665.00 7/30/2009 1 SUNIL JAIN STAFFTIME-DBC 001 36615 -51.00 7/30/2009 86088 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 7/24 1 001 1 23005 1 3,600.001 $3,600.00 7/30/2009 86089 IMEGHAN GORDEN JCPR CLASS-REC STAFF 10015350 42340 1,260.001 $1,260.00 7/30/2009 1 86090 ICHUN JU HUANG IFACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 7/30/2009 1 86091 IIES APA JOB POSTING -SR PLANNER 1 0014060 1 42115 1 20.001 $20.00 7/30/200986092 86093 SUNIL JAIN FACILITY REFUND -DBC 001 23002 500.00 $449.00 7/30/2009 1 SUNIL JAIN STAFFTIME-DBC 001 36615 -51.00 7/30/2009 1 86093 IKEITH JOHNSON ENTERTAINMENT -SR DANCE 0015350 1 45300 1 350.00 $350.00 7/30/2009 1 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 7/30/2009 1 86094 JUDICIAL DATA SYSTEM CORP IPARKING CITE ADMIN -JUN 09 1 0014411 1 45405 1 891.161 $891.16 7/30/2009 1 86095 IJIMMY KHAUV IFACILITY REFUND -DBC 001 123002 1 700.00 $700.00 7/30/2009 1 86096 IKIDS CAN DO GYMNASTICS 1CONTRACT CLASS -SUMMER 10015350 1 45320 1 561.00 $561.00 7/30/2009 1 86097 IPETER KIM IFACILITY REFUND -DBC 1 001 1 36615 1 400.00 $400.00 7/30/2009 1 86098 CASEY KUPFER IRECREATION REFUND 1 001 1 34730 1 14.001 $14.00 7/30/2009 1 86099 JKLISTOM IMPRINTS INCORP. PRINT SVCS -RECREATION 0015350 1 41200 1 365.59 $365.59 7/30/2009 1 86100 1 CITY OF LA VERNE jPRKG CITE HRGS-JUL 09 1 0014411 1 45405 1 130.00 $130.00 7/30/2009 86101 LEAGUE OF CALIFORNIA CITIES MTG-CMGR 03/09 0014030 42325 35.00 $455.00 7/30/2009 1 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 03/09 0014010 42325 35.00 Page 2 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/30/2009 86101... LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 03/09 0014010 42325 35.00 $455.00 ... 7/30/2009 86103 LEAGUE OF CALIFORNIA CITIES MTG-CMGR 01/09 0014030 42325 35.00 $270.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 7/30/2009 86104 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 $640.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 6/4 0014010 42325 35.00 7/30/2009 86105 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 11/08 0014010 42325 35.00 $550.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 11/08 0014010 42325 35.00 7/30/2009 86106 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 5/7 0014010 42325 35.00 $50.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 5/7 0014010 42325 35.00 7/30/2009 86107 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 6/4 0014010 1 42325 1 35.00 $21.27 7/30/2009 1 86102 IDORIS LEE IRECREATION REFUND 1 001 1 34760 1 45.001 $45.00 7/30/2009 IMERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLING 1 1155515 1 44000 417.24 !n28 7/30/2009 1 86103 IKEVIN LEE RECREATION REFUND 1 001 1 34760 1 270.00 $270.00 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 28.32 7/30/2009 1 86104 ILIVESOUND CONCEPTS SOUND SYS -CONCERT IN PK 1 0015350 1 45305 1 640.001 $640.00 7/30/2009 1 86105 INATALIE LU IFACILITY REFUND -DBC 1 001 1 23002 1 550.001 $550.00 7/30/2009 1 86106 IVANESSA LUNA IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 7/30/2009 1 86107 IMARTIN & CHAPMAN CO PUBLICATIONS -ELECTION 1 0014030 1 42390 1 21.271 $21.27 7/30/2009 1 86108 IMATLOCK ASSOCIATES INC REFUND -PLANS AND SPECS 1 001 1 36650 1 30.001 $30.00 7/30/2009 86109 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BATTERIES 1155515 44000 428.04 $451.40 7/30/2009 IMERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLING 1 1155515 1 44000 417.24 !n28 7/30/2009 1 86110 MINUTEMAN PRESS R & D BLUEPRINT IPRINT SVCS -COMM SVCS 1 2505310 1 46415 1 451.401 $451.40 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 63.93 7/30/2009 1 86111 IMOBILE RELAY ASSOCIATES INC REPEATER SVCS -AUG 09 0014440 1 42130 1 78.75 $7875 . 7/30/2009 86112 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 11.93 $5,608.12 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 63.93 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 209.76 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 28.32 Page 3 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/30/2009 86112... OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 21.10 $5,608.12... 7/30/2009 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 41.62 7/30/2009 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 34.21 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 3.72 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 17.69 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 8.03 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 116.55 7/30/2009 OFFICEMAX INC MEMO CREDIT-PLNG 0015210 41200 -170.17 7/30/2009 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 8.33 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 80.62 7/3012009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 149.38 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 7.02 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 318.96 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 13.37 7/30/2009 OFFICEMAX INC MEMO CREDIT -GENERAL 0014090 41200 -13.37 7/30/2009 OFFICEMAX INC SUPPLIES-NGHBRHD IMP 0015230 41200 100.38 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 20.39 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 49.46 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 119.80 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 9.13 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 82.97 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 191.55 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 359.57 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 209.76 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 3.07 7/30/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 75.83 7/30/2009 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 28.86 7/30/2009 OFFICEMAX INC SUPPLIES -WR 0014060 41200 32.78 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 216.08 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 259.15 7130/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 20.65 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 266.03 713012009 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 85.28 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 55.06 Page 4 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/30/2009 86112... OFFICEMAX INC SUPPLIES -DBC 0015333 41200 110.70 $5,608.12... 7/30/2009 86114 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 66.66 $3,475.61 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 312.63 7/30/2009 86115 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 36.89 $3,630.08 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 133.03 7/30/2009 86116 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 77.65 $1,000.00 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 263.45 7/30/2009 86117 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 170.17 $500.00 7/30/2009 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 105.20 7/30/2009 86118 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 192.33 $912.19 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 14.95 7/30/2009 86119 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 29.42 $282.00 7/30/2009 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 158.04 7/30/2009 86120 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 9.21 $22,416.45 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 91.06 7/30/2009 86121 OFFICEMAX INC SUPPLIES-P/INFO 0014090 41200 171.34 $184.12 7/30/2009 OFFICEMAX INC SUPPLIES-EOC 0014440 46250 377.15 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 151.44 7/30/2009 1 86113 ITUSHAR PATEL FACILITY REFUND -DBC 1001 1 23002 1 350.001 $350.00 7/30/2009 1 86114 R F DICKSON COMPANY IDEBRIS COMPOSTING SVC�IUN 1155515 1 45500 1 3,475.611 $3,475.61 7/30/2009 1 86115 IREEDCORP ENGINEERING JEMER GENERATOR SYS -DBC 2505310 1 R46415 1 3,630.08 $3,630.08 7/30/2009 1 86116 REGIONAL CHAMBER OF COMMERCE CONTRACT SVCS -AUG 09 0014096 1 45000 1 1,000.00 $1,000.00 7/30/2009 1 86117 JANIL SHAH FACILITY REFUND -DBC 001 123002 1 500.00 $500.00 7/30/2009 1 86118 SHAKEY'S PIZZA EXCURSION -DAY CAMP 1 0015350 1 42410 1 912.191 $912.19 7/30/2009 1 86119 ISMART TUTORING CONTRACT CLASS -SUMMER 0015350 1 45320 1 282.001 $282.00 7/30/2009 1 86120 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL AUG 09 0014090 1 42140 1 22,416.451 $22,416.45 7/30/2009 1 86121 ISPARKLETTS SUPPLIES -WATER C/HALL 0014090 1 41200 173.371 $184.12 Page 5 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/6/2009 09 -PP 16 PAYROLL TRANSFER P/R TRANSFER-09/PP 16 125 10200 1,268.41 $177,205.54 8/6/2009 86072 PAYROLL TRANSFER P/R TRANSFER-091PP 16 001 10200 163,395.50 $140.00 8/6/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 16 112 10200 8,626.22 8/6/2009 86073 PAYROLL TRANSFER P/R TRANSFER-09/PP 16 115 10200 3,915.41 $50.00 7/30/2009 1 86071 JAGRICULTURAL COM WGHTS & MEASURES ICOYOTE CONTROL SVCS -JUN 1 0014431 1 45406 1 539,501 $539.50 7/30/2009 1 JALL ALL AMERICAN ASPHALT CONSTRUCTION -PROSPECTORS 2505510 46412 222,471.89 7/30/2009 1 86072 JAZRAAHMEDI RECREATION REFUND 1 001 1 34780 1 140.001 $140.00 7/30/2009 1 86073 IKIM ALEGADO FACILITY REFUND -HERITAGE 1 001 1 23002 1 50.00 $50.00 7/30/2009 86074 AMERICAN ASPHALT RETENTION PAYABLES 250 20300 -22,247.19 $200,224.70 7/30/2009 1 JALL ALL AMERICAN ASPHALT CONSTRUCTION -PROSPECTORS 2505510 46412 222,471.89 7/30/2009 1 86075 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -JUN 0014411 45410 6,410.74 $9,063.46 7/30/2009 1 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -JUN 0014411 1 45410 1 2,652.72 7/30/2009 1 86076 JAMERICAN MINI STORAGE STORAGE RENTAL -FY 09/10 1 0014090 1 42140 1 14,641.001 $14,641.00 7/30/2009 1 ARROWHEAD SUPPLIES -WATER DBC 0015333 41200 1 1 49.53 7/30/2009 1 86077 JAMERICOMP GROUP INC SUPPLIES -TONERS 1 0014070 1 45000 1 284.251 $284.25 7/30/2009 1 86078 ARROWHEAD EQ RENTAL -DBC 0015333 42130 12.01 $61.54 7/30/2009 1 ARROWHEAD SUPPLIES -WATER DBC 0015333 41200 1 1 49.53 7/30/2009 1 86079 IKATHY BREAUX ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 441.601 $441.60 7/30/2009 1 86080 ICINEMARKTHEATRES EXCURSION -DAY CAMP 8/5 1 0015350 1 42410 1 510.001 $510.00 7/30/2009 1 86081 NANCYANN CLARK CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 288.001$288.00 7/30/2009 1 86082 ICOLD DUCK PRODUCTIONS INC BAND -CONCERT IN PARK 8/5 1 0015350 1 45305 1 1,500.00 $1,500.00 7/30/2009 1 86083 COMMUNITY BANK RETENTION -ALL AMERICAN 1 250 1 20300 1 22,247.191 $22,247.19 7/30/2009 1 86084 INEIL DE JESUS FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 7/30/2009 1 86085 ICAROL DENNIS PROF.SVCS-CNCL MTG 7/7 0014030 1 44000 1 225.001 $400.00 Page 1 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 7/30/2009 86085... CAROL DENNIS PROF.SVCS-CNCL MTG 7/7 0014030 44000 1 175.00 $400.00 ... 7/30/2009 86086 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 179.81 $239.00 7/30/2009 1 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 1 59.19 7/30/2009 1 86087 IGLADWELL GOVERNMENTAL SVCS INC JELECTION SVCS -WK 7114 1 0014030 1 42390 1 665.001 $665.00 7/30/2009 1 SUNIL JAIN STAFF TIME -DBC 001 36615 -51.00 7/30/2009 1 86088 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 7124 001 1 23005 1 3,600.00 $3,600.00 7/30/2009 1 86089 IMEGHAN GORDEN CPR CLASS-REC STAFF 1 0015350 1 42340 1 1,260.001$1,260.00 $700.00 7/30/2009 1 86090 CHUN JU HUANG FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 7/30/2009 1 86091 IIES APA JOB POSTING -SR PLANNER 1 0014060 1 42115 1 20.001 $20.00 7/30/2009 1 86092 SUNIL JAIN FACILITY REFUND -DBC 001 23002 500.00 $449.00 7/30/2009 1 SUNIL JAIN STAFF TIME -DBC 001 36615 -51.00 7/30/2009 1 86093 IKEITH JOHNSON ENTERTAINMENT -SR DANCE 1 0015350 1 45300 1 350.001 $350.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 7/30/2009 1 86094 IJUDICIAL DATA SYSTEM CORP PARKING CITE ADMIN -JUN 09 1 0014411 1 45405 1 891.161 $891.16 7/30/2009 1 86095 IJIMMY KHAUV FACILITY REFUND -DBC 1 001 23002 700.001 $700.00 7/30/2009 1 86096 IKIDS CAN DO GYMNASTICS ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 561.001 $561.00 7/30/2009 1 86097 IPETER KIM FACILITY REFUND -DBC 1 001 1 36615 1 400.00 $400.00 7/30/2009 1 86098 CASEY KUPFER IRECREATION REFUND 1 001 1 34730 1 14.001 $14.00 7/30/2009 1 86099 IKUSTOM IMPRINTS INCORP. PRINT SVCS -RECREATION 0015350 1 41200 1 365.59 $365.59 7/30/2009 1 86100 ICITY OF LA VERNE IPRKG CITE HRGS-JUL 09 1 0014411 1 45405 1 130.001 $130.00 7/30/2009 86101 LEAGUE OF CALIFORNIA CITIES MTG-CMGR 03109 0014030 42325 35.00 $455.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 03/09 0014010 42325 35.00 Page 2 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7130/2009 86101... LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 03/09 0014010 42325 35.00 $455.00 ... 7/30/2009 86103 LEAGUE OF CALIFORNIA CITIES MTG-CMGR 01/09 0014030 42325 35.00 $270.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 7/30/2009 86104 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 01/09 0014010 42325 35.00 $640.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 6/4 0014010 42325 35.00 7/30/2009 86105 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 11/08 0014010 42325 35.00 $550.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 11/08 0014010 42325 35.00 7/30/2009 86106 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 5/7 0014010 42325 35.00 $50.00 7/30/2009 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 5/7 0014010 42325 35.00 7/30/2009 86107 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 6/4 0014010 1 42325 1 35.00 $21.27 7/30/2009 1 86102 IDORIS LEE IRECREATION REFUND 1 001 1 34760 1 45.001 $45.00 7/30/2009 MERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLING 1155515 44000 1 417.24 7/30/2009 1 86103 IKEVIN LEE IRECREATION REFUND 1 001 1 34760 1 270.001 $270.00 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 28.32 7/30/2009 1 86104 ILIVESOUND CONCEPTS ISOUND SYS -CONCERT IN PK 1 0015350 1 45305 1 640.001 $640.00 7/30/2009 1 86105 INATALIE LU FACILITY REFUND -DBC 1 001 1 23002 1 550.001 $550.00 7/30/2009 1 86106 IVANESSA LUNA IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 7/30/2009 1 86107 1MARTIN & CHAPMAN CO PUBLICATIONS -ELECTION 10014030 1 42390 1 21.27 $21.27 7/30/2009 1 86108 IMATLOCK ASSOCIATES INC REFUND -PLANS AND SPECS 001 136650 30.00 $30.00 7/30/2009 86109 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BATTERIES 1155515 44000 428.04 $845.28 7/30/2009 MERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLING 1155515 44000 1 417.24 7/30/2009 1 86110 IMINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM SVCS 12505310 1 46415 1 451.401 $451.40 7/30/2009 1 86111 MOBILE RELAY ASSOCIATES INC IREPEATER SVCS -AUG 09 1 0014440 1 42130 1 78.75 $78.75 7/30/2009 86112 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 11.93 $5,608.12 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 63.93 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 209.76 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 28.32 Page 3 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/30/2009 86112... OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 21.10 $5,608.12... 7/30/2009 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 41.62 7/30/2009 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 34.21 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 3.72 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 17.69 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 8.03 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 116.55 7/30/2009 OFFICEMAX INC MEMO CREDIT-PLNG 0015210 41200 -170.17 7/30/2009 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 8.33 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 80.62 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 149.38 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 7.02 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 318.96 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 13.37 7/30/2009 OFFICEMAX INC MEMO CREDIT -GENERAL 0014090 41200 -13.37 7/30/2009 OFFICEMAX INC SUPPLIES-NGHBRHD IMP 0015230 41200 100.38 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 20.39 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 49.46 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 119.80 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 9.13 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 82.97 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 191.55 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 359.57 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 209.76 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 3.07 7/30/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 75.83 7/30/2009 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 28.86 7/30/2009 OFFICEMAX INC SUPPLIES -HIR 0014060 41200 32.78 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 216.08 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 259.15 7/30/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 20.65 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 266.03 7/30/2009 OFFICEMAX INC SUPPLIES-PMORKS 0015510 41200 85.28 7/30/2009 1OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 1 41200 1 55.06 Page 4 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/30/2009 86112... OFFICEMAX INC SUPPLIES -DBC 0015333 41200 110.70 $5,608.12... 7/30/2009 86114 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 66.66 $3,475.61 7/30/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 312.63 7/30/2009 86115 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 36.89 $3,630.08 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 133.03 7/30/2009 86116 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 77.65 $1,000.00 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 263.45 7/30/2009 86117 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 170.17 $500.00 7/30/2009 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 105.20 7/30/2009 86118 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 192.33 $912.19 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 14.95 7/30/2009 86119 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 29.42 $282.00 7/30/2009 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 158.04 7/30/2009 86120 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 9.21 $22,416.45 7/30/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 91.06 7/30/2009 86121 OFFICEMAX INC SUPPLIES-P/INFO 0014090 41200 171.34 $184.12 7/30/2009 OFFICEMAX INC SUPPLIES-EOC 0014440 46250 377.15 7/30/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 1 41200 151.44 7/30/2009 1 86113 ITUSHAR PATEL IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 7/30/2009 1 86114 IR F DICKSON COMPANY IDEBRIS COMPOSTING SVC -JUN 1 1155515 1 45500 1 3,475.61 $3,475.61 7/30/2009 1 86115 IREEDCORP ENGINEERING JEMER GENERATOR SYS -DBC 1 2505310 1 R46415 1 3,630.081 $3,630.08 7/30/2009 1 86116 IREGIONAL CHAMBER OF COMMERCE CONTRACT SVCS -AUG 09 0014096 1 45000 1 1,000.001 $1,000.00 7/30/2009 1 86117 JANIL SHAH IFACILITY REFUND -DBC 1 001 23002 1 500.001 $500.00 7/30/2009 1 86118 SHAKEY'S PIZZA EXCURSION -DAY CAMP0015350 42410 912.19 $912.19 7/30/2009 1 86119 SMART TUTORING ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 282.001 $282.00 7/30/2009 1 86120 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL AUG 09 0014090 1 42140 1 22,416.451 $22,416.45 7/30/2009 1 86121 SPARKLETTS SUPPLIES -WATER C/HALL 00140901 41200 1 173.371 $184.12 Page 5 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/30/2009 86121... SPARKLETTS EQ RENTAL-C/HALL 0014090 1 42130 1 10.751 $184.12 ... 7/30/2009 86122 STATE BOARD OF EQUALIZATION SALES TAX DUE -APR -JUN 09 001 36650 226.60 $253.00 7/30/2009 1 STATE BOARD OF EQUALIZATION USE TAX DUE -APR -JUN 09 001 20710 26.40 7/30/2009 1 86123 JAARON SUN IRECREATION REFUND 1 001 1 34780 1 140.001 $140.00 7/30/2009 1 THE GUPTA INVESTMENT TRUST REFUND -EN 09-629 001 34650 270.00 1 7/30/2009 1 86124 SUSAN CHEN-FULL REIMB-GFOA CONF 0014050 1 42330 1 798,361 $798.36 7/30/2009 86125 THE GUPTA INVESTMENT TRUST REFUND -EN 09-629 001 23012 500.00 $230.00 7/30/2009 1 THE GUPTA INVESTMENT TRUST REFUND -EN 09-629 001 34650 270.00 1 7/30/2009 86126 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-LLAD 41 ASSESSMN 1415541 1 42115 1,369.25 $2,711.00 7/30/2009 1 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-LLAD 39 ASSESSMN 1395539 1 42115 1,341.75 7/30/2009 1 86127 ITHOMSON WEST PUBLICATIONS -CA CODES 1 0014030 1 42320 1 229.441 $229.44 7/30/2009 1 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 1 74.74 7/30/2009 1 86128 ITHREE VALLEYS MUNICIPAL WATER DIST MTG-COUNCIL 6111 10014010 1 42325 1 15.00 $15.00 7/30/2009 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 307.99 7/30/2009 1 86129 ITIME WARNER MODEM SVCS -HERITAGE PK 0015340 1 42126 1 130,001 $130.00 7/30/2009 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014090 1 42125 1 0.14 7/30/2009 1 86130 JUNITED PARCEL SERVICE 1EXPRESS MAIL -GENERAL 0014090 1 42120 1 83.641 $83.64 7/30/2009 86131 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 1 42125 1 35.52 $199.72 7/30/2009 1 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 1 74.74 7/30/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 1 1 89.46 7/30/2009 86132 VERIZON WIRELESS -LA CELL CHRGS-DESFORGES 0014070 42125 36.40 $460.66 7/30/2009 1 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014070 42125 36.40 7/30/2009 VERIZON WIRELESS -LA CELL CHRGS-LASD MODEM 0014411 42125 36.40 7/30/2009 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 307.99 7/30/2009 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 43.33 7/30/2009 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014090 1 42125 1 0.14 7/30/2009 86133 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 1 42126 1 20,427.66 $35,251.49 7/30/2009 1 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 1 42126 1 8,301.86 Page 6 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 7/30/2009 7/30/2009 86133... WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 WATER SVCS -DIST 41 1395539 1415541 42126 42126 4,651.50 1,870.47 $35,251.49 ... 7/30/2009 1 86134 WOMEN IN LEISURE SERVICES MEMBERSHIP DUES -FY 09/10 0015350 1 42315 1 50.00 $50.00 8/6/2009 86135 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.21 $33.63 8/6/2009 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.21 8/6/2009 86137 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.21 $500.00 8/6/2009 1 86136 IBENESYST 8/7/09-P/R DEDUCTIONS 1 001 1 21105 1 691.07 $691.07 8/6/2009 CHRISTIAN LIFE CENTER FOOD REIMB-CITY B/DAY 0015350 1 41200 1 208.50 8/6/2009 1 86137 JBIA SOUTHERN CALIFORNIA jFACILrFY REFUND -DBC 1 001 1 23002 1 500.00 $500.00 8/6/2009 1 86138 JOHN E BISHOP CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 735.00 $735.00 8/6/2009 1 86139 1PATRICIA CARRION FACILITY REFUND-PANTERA 1 001 1 23002 1 25.001 $25.00 8/6/2009 1 86140 JCDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 1 41200 1 53.251 $53.25 8/6/2009 1 86141 ICHARTER OAK GYMNASTICS, INC. ICONTRACT CLASS -SUMMER 0015350 1 45320 1 1,260.00 $1,260.00 8/6/2009 1 86142 ICHEMSEARCH SUPPLIES -DBC 1 0015333 1 41200 1 214.81 $214.81 8/6/2009 1 86143 ELAINE CHENG FACILITY REFUND -HERITAGE 1 001 1 23002 1 50.001 $50.00 8/6/2009 86144 CHRISTIAN LIFE CENTER FOOD REIMS -CITY B/DAY 0015350 1 42353 1 78.50 $287.00 8/6/2009 CHRISTIAN LIFE CENTER FOOD REIMB-CITY B/DAY 0015350 1 41200 1 208.50 8/6/2009 1 86145 lCONSTANCE J. LILLIE CONTRACT CLASS -SUMMER 10015350 1 45320 1 372.001 $372.00 8/6/2009 1 86146 DAPEER ROSENBLIT & LITVAK LLP JLEGAL SVCS -JUN 09 1 0014020 1 44023 1 2,094.88 $2,094.88 8/6/2009 1 86147 1 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 1 0015310 1 42210 1 46.101 $46.10 8/6/2009 1 86148 DELTA CARE USA AUG 09 -DENTAL PREMIUMS 1 001 1 21104 1 375.811 $375.81 8/6/2009 1 86149 DELTA DENTAL AUG 09 -DENTAL PREMIUMS 1 001 1 21104 1 3,135.15 $3,135.15 Page 7 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 8/6/2009 86150 CAROL DENNIS PROF.SVCS ADMIN HEARING 0015210 1 44000 125.00 $425.00 8/6/2009 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 50.00 8/6/2009 86155 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 1 250.00 $85.00 8/6/2009 86151 DEPT OF TRANSPORTATION TRFFC SIGNAL MAINT-APR 09 0015554 45507 2,554.91 $4,364.71 8/6/2009 DEPT OF TRANSPORTATION TRFFC SIGNAL MAINT-MAY 09 0015554 45507 1,293.31 8/6/2009 86155 DEPT OF TRANSPORTATION TRFFC SIGNAL MAINT-JUN 09 0015554 45507 516.49 $85.00 8!6!2009 1 86152 MARIBETH DESHOTEL IRECREATiON REFUND 1 001 1 34780 1 75.001 $75.00 8/6/200986153 86154 DH MAINTENANCE ADDL MAINT-DBC JUL 09 0015333 45300 125.00 $240.50 8!6/2009 DH MAINTENANCE ADDL MAINT-DBC JUN 09 0015333 45300 115.50 8/6/2009 1 86154 IDIAMOND BAR FRIENDS OF THE LIBRARY ICOMM ORG SUPPORT FUND 0114010 1 42355 1 500.001 $500.00 8/612009 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 107.00 8/612009 1 86155 DIAMOND BAR INTERNATIONAL DELI JMTG SUPPLIES -COMM SVCS 1 0015310 1 42325 1 85.001 $85.00 8/6/2009 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 299.97 8/612009 1 86156 DISCOUNT SCHOOL SUPPLY SUPPLIES -DAY CAMP 1 0015350 1 41200 1 219.211 $219.21 8/6/2009 86157 EVERGREEN INTERIORS PLANT MAINT-C/HALL JUL 0014090 42210 230.00 $437.00 8/612009 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 107.00 8/6/2009 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 100.00 8/612009 86158 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 392.68 $1,492.82 8/6/2009 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 292.63 8/6/2009 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 147.88 8/6/2009 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 299.97 8/6/2009 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 359.66 8/6/2009 86159 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2009-350 001 23010 33.26 $149.67 8/6/2009 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 49.89 8/6/2009 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-259 001 23010 33.26 8/6/2009 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-337 001 23010 33.26 8/6/2009 1 86160 1EXTERMINETICS OF SO CAL INC MAINT-DBC 1 0015333 1 42210 1 30.001 $30.00 Page 8 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 8/6/2009 86171 HILTON FARNKOPF & HOBSON LLC SOLID WASTE SVCS -MAY 09 0015510 44000 16,133.95 $56,276.75 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/6/2009 1 86161 175 NETWORKS INC ICOMP MAINT-I.T. 0014070 1 42205 1 2,207.451 $2,207.45 8/6/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD-SYC CYN ADA 2505310 46415 246.25 8/6/2009 1 86162 IFAIRKIDS DISCOVERY CLUB FIELD TRIPS ICOMM ORG SUPPORT FUND 0114010 1 42355 1 200.001 $200.00 8/6/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD-TRFFC INTERCNNCT 0015510 42115 145.00 8/6/2009 1 86163 IFALL LINE SOFTWARE ICOMP SOFTWARE -GIS 1 0014070 1 46235 1 4,390.001 $4,390.00 8/6/2009 1 86164 IFEHR & PEERS ITRFFC ENG SVCS -JUN 09 11165510 1 44000 1 4,497.471 $4,497.47 8/6/2009 1 86165 JDAVID FERNANDEZ ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 783.001 $783.00 8/6/2009 1 86166 ICHANDON GORAYA IFACILITY REFUND -DBC 001 136615 1 400.001 $400.00 8/6/2009 1 86167 IGRAND MOBIL PROPANE -BBQ SYS CYN PK I0015350 1 41200 1 26.391 $26.39 8/6/2009 1 86168 IH20 PRESSURE WASHING INC MAINT-DBC 10015333 1 42210 1 125.001 $125.00 8/6/2009 1 86169 ILILLIAN HAYES IRECREATION REFUND 1 001 1 34780 1 125.001 $125.00 8/6/2009 1 86170 IRAQUEL HERNANDEZ ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 4,038.001 $4,038.00 8/6/2009 86171 HILTON FARNKOPF & HOBSON LLC SOLID WASTE SVCS -MAY 09 0015510 44000 16,133.95 $56,276.75 8/6/2009 HILTON FARNKOPF & HOBSON LLC SOLID WASTE SVCS -JUN 09 0015510 44000 24,917.60 8/6/2009 HILTON FARNKOPF & HOBSON LLC SOLID WASTE SVCS-JUL 09 0015510 R44000 15,225.20 8/6/2009 1 86172 ISHARON HSU IRECREATION REFUND 001 34760 1 310.001 $310.00 8/6/2009 86173 INLAND EMPIRE STAGES SR EXCURSION-CORONADO 0015350 45310 2,700.00 $3,759.00 8/6/2009 INLAND EMPIRE STAGES TRANSPORTATION-CORONADO 0015350 45310 1 561.27 8/6/2009 INLAND EMPIRE STAGES TRANSPORTATION-CORONADO 1125350 45310 497.73 8/6/2009 86174 INLAND VALLEY DAILY BULLETIN LEGAL AD -NOTICE TO BIDDER 0015510 42115 206.25 $1,575.00 8/6/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-296 001 23010 321.25 8/6/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2009-351 001 23010 331.25 8/6/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD-SYC CYN ADA 2505310 46415 246.25 8/6/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2009-343 001 23010 325.00 8/6/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD-TRFFC INTERCNNCT 0015510 42115 145.00 Page 9 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 8/6/2009 86175 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-JUL 0014431 45403 1,250.00 $20,000.00 8/6/2009 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS-JUL 0014431 45403 8,750.00 8/6/2009 86177 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -AUG 0014431 45403 8,750.00 $245.00 8/6/2009 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -AUG 0014431 45403 1,250.00 8t6/2009 1 86176 IMOHAMAD R JAHANVASH ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 180.001 $180.00 8/6/2009 PANGHO LEE PLNG COMM -7/14 0015210 44100 65.00 8/6/2009 1 86177 IJOY JUAREZ RECREATION REFUND 1 001 1 34760 1 245.001 $245.00 8/6/2009 1 86178 1GABRIELA KLEIN ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 816.001 $816.00 8/6/2009 1 86179 ILA DATA SECURITY CORP JDATA STORAGE SVCS-JUL 0014070 1 45000 1 620.001 $620.00 8/6/2009 1 86180 LAE ASSOCIATES INC PROF.SVCS-JUN 09 0015551 1 45222 1 1,410.00 $1,410.00 8/6/2009 1 86181 1HELEN LEE RECREATION REFUND 1 001 1 34780 1 160.001 $160.00 8/6/2009 86182 ANG HO LEE PLNG COMM -6/23 0015210 44100 65.00 $130.00 8/6/2009 PANGHO LEE PLNG COMM -7/14 0015210 44100 65.00 8/6/2009 1 86183 ILORRAINE LIMIAC IFACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 8/6/2009 1 86184 ILIVESOUND CONCEPTS ISOUND SYS -CONCERT IN PK 1 0015350 1 45305 1 640.001 $640.00 8/6/2009 1 86185 JANDY LO RECREATION REFUND 1 001 1 34760 1 35.001 $35.00 8/6/2009 1 86186 IBLESSARY LODEVICO IRECREATION REFUND 1001 134780 1 75.001 $75.00 8/6/2009 1 86187 JAMBIKA LUTHRA IRECREATION REFUND 1 001 1 34780 1 100.001 $100.00 8/6/2009 1 86188 IMANAGED HEALTH NETWORK JAUG 09 -EAP PREMIUMS 1 001 1 21115 1 157.301 $157.30 8/6/2009 1 86189 ICYNTHIA MARTINEZ IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 8/6/2009 1 86190 IMAXIMUS INC ICITY FEE STUDY -JUN 09 1 0015210 1 R44000 1 14,560.001 $14,560.00 Page 10 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/6/2009 86191 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -COMM SVCS 2505310 46415 1 475.29 $475.29 8/6/2009 1 86192 CHRISSY MORGAN IRECREATION REFUND 1 001 1 34780 1 75.00 $75.00 8/6/2009 KATHLEEN ERIN NOLAN IPLNG COMM -7/14 0015210 1 44100 65.00 8/6/2009 1 86193 STEVE G NELSON JPLNG COMM -7/14 0015210 1 44100 1 65.001 $65.00 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014050 41200 244.34 8/6/2009 1 86194 ININYO & MOORE INC GEOTECH SVCS -SITE D PROJ 0015510 1 45221 1 389.25 $389.25 8/6/2009 86195 KATHLEEN ERIN NOLAN PLNG COMM -6/23 0015210 44100 65.00 $130.00 8/6/2009 KATHLEEN ERIN NOLAN IPLNG COMM -7/14 0015210 1 44100 65.00 8/6/2009 86196 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 38.76 $3,049.44 8/6/2009 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 51.33 8/6/2009 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 17.47 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014050 41200 244.34 8/6/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 34.78 8/6/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 102.81 8/6/2009 OFFICEMAX INC MEMO CREDIT-P/WORKS 0015510 41200 -14.11 8/6/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 254.41 8/6/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 18.66 8/6/2009 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 92.45 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 11.81 8/6/2009 OFFICEMAX INC SUPPLIES-NGHBRHD IMP 0015230 41200 44.16 8/6/2009 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 519.58 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 260.34 8!6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 28.28 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 23.62 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 158.67 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 21.09 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 12.65 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 210.72 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 99.57 8/6/2009 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 38.39 8/6/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 14.05 8/6/2009 1OFFICEMAX INC SUPPLIES -FINANCE 1 0014050 1 41200 1 52.55 Page 11 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/6/2009 86196... OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 589.93 $3,049.44... 8/6/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 70.45 8/6/2009 OFFICEMAX INC SUPPLIES -CITY MANAGER 0014030 41200 87.91 8/6/2009 OFFICEMAX INC MEMO CREDIT -CITY MANAGER 0014030 41200 -35.231 1 8/6/2009 1 86197 JPAETEC COMMUNICATIONS INC. ILONG DIST SVCS -GENERAL 1 0014090 1 42125 1 811.21 $811.21 8/6/2009 86198 PARK FACILITY REFUND -DBC 001 23002 700.00 $500.00 8/6!2009 1 JANNA ANNA PARK ADDITIONAL USAGE CHARGES 001 36615 -200.00 1 8/6/2009 86199 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $24,548.20 8/6/2009 1 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,800.69 8/6/2009 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,701.01 8/6/2009 86200 ENGINEERING EMER GENERATOR -DBC 2505310 46415 73.16 $553.16 8/612009 1 IREEDCORP REEDCORP ENGINEERING EMER GENERATOR -DBC 2505310 R46415 1 480.00 8/612009 1 86201REGIONAL CHAMBER OF COMMERCE MTG-COUNCIL 0014010 42325 35.00 $70.00 8/612009 REGIONAL CHAMBER OF COMMERCE MTG-CITY MANAGER 0014030 42325 35.00 8/6!2009 86202 REPUBLIC ELECTRIC TRFFC MAINT-G/SPRINGS 0015554 45507 700.00 $1,050.00 8/6!2009 REPUBLIC ELECTRIC TRFFC MAINT-DIB BLVD 0015554 45507 350.00 8/6/2009 86203 SASAKI TRANSPORTATION SVCS. PROF.SVCS-SITE D PROJ 0015551 1 45221 2,400.00 $5,226.75 8/612009 ISASAKI TRANSPORTATION SVCS. PROF.SVCS-SR 57/60 FREEWY 1165510 1 44000 2,826.75 8/6/2009 86204 JACK SHAH PLNG COMM -6/23 0015210 44100 65.00 $130.00 8/6/2009 JACK SHAH PLNG COMM -7/14 0015210 1 44100 1 65.00 8/6/2009 86205 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 373.87 $6,096.36 8/6/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 201.81 8/6/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 106.05 8/6/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 516.79 8/6/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,460.35 8/6/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 1 42126 437.49 Page 12 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/6/2009 86206 STACY STELZRIEDE RECREATION REFUND 001 34760 1 90.00 $90.00 8/6/2009 1 86207 ISTITCHES UNIFORMS & EMBROIDERY SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 207.581 $207.58 8/6/2009 ITHE GAS COMPANY GAS SVCS -DBC 0015333 42126 1 1 97.78 8/6/2009 1 86208 ITENNIS ANYONE CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 8,632.401 $8,632.40 8/6/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-296 001 23010 266.75 8/6/2009 1 86209 ITHE COMDYN GROUP INC PROF.SVCS-GIS WK 7/17 0014070 1 44000 1 1,333.00 $1,333.00 8/6/2009 86210 THE GAS COMPANY GAS SVCS-HRTG COMM CTR 0015340 42126 46.20 $143.98 8/6/2009 ITHE GAS COMPANY GAS SVCS -DBC 0015333 42126 1 1 97.78 8/6/2009 86211 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-ENTERTAINMNT ORD 0014030 42115 455.50 $2,660.50 8/6/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -BIDS SYC CYN PK 2505310 46415 148.00 8/6/2009 86213 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -SITE D 0015210 42115 395.50 $46.95 8/6/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-296 001 23010 266.75 8/6/2009 86214 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2009-352 001 23010 276.75 $878.88 8/6/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-LLAD 38 ASSESSMT 1385538 1 42115 1 1,118.00 8/6/2009 1 86212 ITHE WISE GUYS BIG BAND MACHINE ENTERTAINMENT -CONCERT PK 0015350 1 45305 1 1,200.001 $1,200.00 8/6/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 260.62 8/6/2009 1 86213 TIME WARNER IMODEM SVCS -COUNCIL 0014010 1 42130 1 46.951 $46.95 8/6/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE P/PHONE 0015340 42125 88.08 8/6/2009 1 86214 ITRAFFIX DEVICES INC TRFFC SIGN EQ -ROAD MAINT 0015554 1 46250 1 878.881 $878.88 8/6/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 1 42125 1 88.08 8/6/2009 1 86215 ITRANSCORE LLC 1TRFFC MANAGEMNT SYS -JUN 2505510 1 R46412 1 4,880.00 $4,880.00 8/6/2009 1 86216 TRI -CITIES POOL SERVICE & REPAIR IMONTHLY MAINT-DBC 1 0015333 1 45300 1 160.001 $160.00 8/6/2009 1 86217 VANTAGEPOINT TRNSFR AGNTS-303248 8/5109-P/R DEDUCTIONS 1 001 1 21108 1 26,034.091 $26,034.09 8/6/2009 86218 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL P/PH 0015340 42125 88.08 $721.43 8/6/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 260.62 8/6/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 108.49 8/6/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE P/PHONE 0015340 42125 88.08 8/6/2009 VERIZON CALIFORNIA PH.SVCS-REAGAN P/PHONE 0015340 42125 88.08 8/6/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 1 42125 1 88.08 Page 13 City of Diamond Bar - Check Register 07/30/09 thru 08/12/09 8/6/2009 86224 TONY TORNG PLNG COMM -6/23 0015210 44100 65.00 $130.00 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/6/2009 1 86219 IVISION SERVICE PLAN JAUG 09 -VISION PREMIUMS 1 001 1 21107 1 1,272.04 $1,272.04 8/612009 YOSEMITE WATER WATER SUPPLIES-SYC CYN PK 0015350 41200 8.90 8/612009 1 86220 IWAGNER HOUSE WEDDING CENTRE RENTAL -BRIDAL BOOTH 0015333 1 42141 1 650.00 $650.00 8/6/2009 1 86221 IWARREN SIECKE 1TRFFC ENG SVCS -JUN 09 0015510 1 45221 150.00 $150.00 8/6/2009 1 86222 ITHERESAWINECKI ICONTRACT CLASS -SUMMER 0015350 1 45320 1 252.001 $252.00 8/6/2009 1 86223 IPAUL WRIGHT JAN SVCS-CNCL,PLNG COMM 1 0014090 1 44000 1 800.001 $800.00 8/6/2009 86224 TONY TORNG PLNG COMM -6/23 0015210 44100 65.00 $130.00 8/6/2009 JYI Yl TONY TORNG PLNG COMM -7/14 0015210 44100 1 65.00 8/6/2009 86225 YOSEMITE WATER WATER SUPPLIES-SYC CYN PK 0015350 41200 8.90 $33.30 8/6/2009 YOSEMITE WATER EQ RENTAL-SYC CYN PK 0015310 42130 1.75 8/6/2009 YOSEMITE WATER EQ RENTAL-SYC CYN PK 6/30 0015310 42130 12.00 8/612009 YOSEMITE WATER WATER SUPPLIES-SYC CYN PK 0015350 41200 8.90 8/6/2009 YOSEMITE WATER EQ RENTAL-SYC CYN PK 0015310 42130 1.75 7/30/2009 1 WIT 0099 JUNION BANK OF CALIFORNIA, NA ILEASE PAYMENT -DBC AUG 09 1 0014090 1 42140 1 24,467.831 $24,467.83 $773,586.72 Page 14 Agenda # 6. 5 (a ) Meeting Date: August 18, 2009 CITY COUNCIL �AGENDA REPORT 1989 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: APPROVE PLANS AND P CIFICATIONS AND AWARD THE CONSTRUCTION CONTRACT TO HARDY & HARPER INC. FOR THE PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 & ZONE 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT# ESPL-5455(013), IN THE AMOUNT OF $1,476,000.00, PLUS A CONTINGENCY AMOUNT OF $147,600.00 FOR A TOTAL AUTHORIZATION OF $1,623,600.00. RECOMMENDATION: Approve, and award. FISCAL IMPACT: The FY 2009-2010 CIP incorporated the federal funds approved for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) in the amount of $1,770,000 of American Recovery and Reinvestment Act (ARRA) funds and $450,000 of Prop 1 B, for a total budget of $2,220,000. The table below demonstrates the anticipated expenditure: Anticioated Expenditures Hardy & Harper Construction Contract $1,476,000.00 Contingency (10%) $147,600.00 DMS Construction Admin. Contract $127,260.00 Contingency (10%) $12,726.00 Total $1,763,586.00 BACKGROUND/DISCUSSION: The Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project), with an approximate centerline mileage of 10 miles combines the third and fourth year of the seven-year preventative maintenance program. This arterial rehabilitation project will consist of pavement rehabilitation as well as chip and slurry seal application on the following roadways: • Diamond Bar Blvd. from Pathfinder Road to Brea Canyon Cut -Off • Brea Canyon Cut -Off Road from Diamond Bar Blvd. to City Limit (Only the northbound lanes within Diamond Bar City Limits) • Pathfinder Road from Diamond Bar Blvd. to Peaceful Hills Road • Golden Springs Drive from Brea Canyon Road to the Westerly City Limit • Brea Canyon Road from Pathfinder Road to Northerly City Limit • Lemon Avenue from Golden Springs Drive to Northerly City Limit Three (3) types of treatment will be applied to the roadways based on the analysis of the current condition of the pavement surface. In addition to the normal slurry seal treatment to the roadway, portions of certain roadway pavement have been selected to receive a traditional chip seal or modified binder seal coat (hot rubber chip seal) treatment which will extend the life of the roadway up to seven (7) years. Both the traditional chip seal treatment and the modified binder seal coat are considered much more cost effective than a grind and overlay treatment of roadways. Both have been proven to be successful road surfacing treatments throughout California. The,chip seal consists of a thin layer of emulsion being placed over existing pavement and a layer of aggregate applied over the emulsion. The modified binder seal coat also applies a thin layer of emulsion over the existing pavement but the aggregates are mixed with a rubberized binder prior to application over the emulsion. A slurry seal is applied over both types of aggregates creating a "cape seal". In addition to the chip seal treatments, certain portions of selected roadways will receive a grind and overlay in addition to the slurry seal treatment to improve the conditions and extend the overall life of the pavement. With the completion of the plans and specifications, the project was advertised for bids on June 30, 2009 with a bid opening of July 23, 2009. Twelve (12) bids were received and opened publicly by the City Clerk at 2:OOpm on July 23, 2009. The engineer's estimate for the project was $1,835,000.00. The bids received were as follows: Company Bid Amount 1. Hardy & Harper, Inc. $1,476,000.00 2. All American Asphalt $1,483,000.00 3. Silvia Construction, Inc. $1,509,413.64 4. Imperial Paving Co. $1,567,701.25 5. The RJ Noble Company $1,597,797.21 6. Sully -Miller Contracting Company $1,626,402.40 7. Sequel Contractors, Inc. $1,646,905.20 8. Ortiz Asphalt Paving, Inc. $1,651,814.13 9. Copp Contracting, Inc. $1,665,954.93 10. Gentry Brothers Inc. $1,658,562.65 11. Palp, Inc. DBA Excel Paving Co. $1,736,677.00 12. Elite Bobcat Service, Inc. $1,774,774.00 2 Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and Hardy & Harper, Inc. has satisfactorily completed many projects in other Los Angeles County Cities. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer REVIEW 77 David G. Liu, P.E. Director of Public Works August 18, 2009 September 14, 2009 December 8, 2009 DATE PREPARED: August 10, 2009 ATTACHMENTS: CONTRACTOR AGREEMENT 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 Hardy & Harper, Inc. 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, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Hardy & Harper, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) Federal Project# ESPL-5455(013) 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 the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) Federal Project# ESPL-5455(013) and do the work for the in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated April 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 20, 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. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Six 60 working days from the date of the notice to proceed. 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. 4. 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 insureds 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. C. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") 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 workmen or employees of the CONTRACTOR, of his subcontractor's 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. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees 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 the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The 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 incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the 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 the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the 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. So much of the money due to the 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. 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 coverages 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 our of or incident to activities or operations perfornled by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. 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. 11. 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 20, 2009. 12. 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. 215952, A, C-8 and C-12 Classification Hardy & Harper, Inc. 1312 E. Warner Ave. Santa Ana, CA 92705 Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Ron Everett, MAYOR Date ATTEST: By: TOMMYE A. CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 714-444-1851 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date Agenda # 6 .5 (b) Meeting Date: August 18.2009 CITY COUNCIL : AGENDA REPORT r9sg . TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man ge CONSTRUCTIO A TITLE: AWARD OF DMINISTRATION SERVICES CONTRACT TO DMS CONSULTANTS, INC. FOR THE PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 & ZONE 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT# ESPL- 5455(013), IN THE AMOUNT OF $127,260.00, PLUS A CONTINGENCY AMOUNT OF $12,726.00 FOR A TOTAL AUTHORIZATION OF $139,986.00. RECOMMENDATION: Award. FINANCIAL IMPACT: The FY 2009-2010 CIP incorporated the federal funds approved for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) in the amount of $1,770,000 of American Recovery and Reinvestment Act (ARRA) funds and $450,000 of Prop 1 B, for a total budget of $2,220,000. The table below demonstrates the anticipated expenditure: Anticipated Expenditures Hardy & Harper Construction Contract $1,476,000.00 Contingency (10%) $147,600.00 DMS Construction Admin. Contract $127,260.00 Contingency (10%) $12,726.00 Total $1,763,586.00 BACKGROUND/DISCUSSION: This arterial rehabilitation project will consist of pavement rehabilitation as well as chip and slurry seal application on the following roadways: • Diamond Bar Blvd. from Pathfinder Road to Brea Canyon Cut -Off • Brea Canyon Cut -Off Road from Diamond Bar Blvd. to City Limit (Only the northbound lanes within Diamond Bar City Limits) • Pathfinder Road from Diamond Bar Blvd. to Peaceful Hills Road • Golden Springs Drive from Brea Canyon Road to the Westerly City Limit • Brea Canyon Road from Pathfinder Road to Northerly City Limit • Lemon Avenue from Golden Springs to Northerly City Limit On June 25, 2009, the City released the Request for Proposals for the Construction Administration/Inspection Services for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) to seven (7) consulting firms. Three (3) proposals were received on July 13. The three (3) firms that submitted proposals for consideration are as follows: Onward Engineering $75,055.00 Norris-Repke $91,360.00 DMS Consultants, Inc. $127,260.00 The proposals were reviewed and evaluated by staff. DMS Consultants, Inc. was selected over the two lower cost proposals because they best understood the City's needs and demonstrated a thorough understanding of the federal documentation requirements for the project. Due to the fact that this project will be federally funded, document intensive reporting is required on a monthly basis. DMS, Consultants, Inc. included a very detailed project approach to meeting the goals of the City's federally funded project requirements. Additionally, the overall project management approach as well as incorporating the City's quality assurance program qualified DMS Consultants, Inc as the best selection for this project. DMS Consultants, Inc. scope of work includes: • Utility Coordination throughout the duration of the contract • Federal Requirement Compliance • Construction Inspection • Material Testing • Replacement of Survey Monuments • Traffic Control review and Inspection The tentative schedule of this project is as follows: Construction Contract Award Start of Construction Completion of Construction 2 August 18, 2009 September 14, 2009 December 8, 2009 PREPARED BY: Kimberly Molina, Associate Engineer REVIEWED BY David G. Lgij; Director of Public Works Attachments: Consulting Services Agreement Scope of Work/Services DATE PREPARED: August 10, 2009 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of August 18, 2009 by and between the City of Diamond Bar, a municipal corporation ("City") and DMS Consultant. Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated July 13, 2009 for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) Federal Project# ESPL- 5455(013). B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Proposal, dated June 25, 2009 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service Consultant performs to the satisfaction of City in such amounts as are set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Twenty-seven Thousand, Two Hundred Sixty Dollars ($127,260.00) absent a written amendment to this Agreement. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765 Consultant: Surender Dewan President 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will defend and hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent or wrongful acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that five (5) days prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. The City acknowledges the Consultant's design documents, including electronic files, as instruments of professional service. Nevertheless, the final work documents prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all monies due to the Consultant. The City shall not reuse or make any modifications to the work documents without the prior written authorization of the Consultant. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the work documents by the City or any person or entity that acquires or obtains the work documents from or through the Client without the written authorization of the Consultant. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. C. Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Consultant; to solicit or secure this agreement; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this agreement. For breach or violation of this warranty, City shall have the right to annul this agreement without liability, or at its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift of contingent fee. 13. Dispute Resolution. A. Dispute Resolution: Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this Section 13. B. Negotiation and Mediation: The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Parties written notice of any dispute. Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty (60) days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rate share of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses. C. Confidentiality: All negotiations and any mediation conducted pursuant to Section 13 shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference. D. Injunctive Relief: Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. E. Continuing Obligation: Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. Failure of Mediation: If, after good faith efforts to mediate a dispute under the terms of this Agreement as provided in this Section, the parties cannot agree to a resolution of the dispute, any party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction. 14. Termination. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other party. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 15. Extension of Time. The Consultant may request an extension in writing, outlining the reasons for the delay and the new expected completion date. All such requests shall be submitted to the Public Works Director, and if approved, shall require a written amendment to this Agreement fully executed by both parties. 16. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of State or DOT—assisted contracts or in the administration of the City's DBE Program. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18, Records Retention and Audits. A. Consultant shall maintain all source documents, books and records connected with their performance of this Agreement for a minimum of three (3) years from the date that City makes final payment to Consultant or until audit resolution is achieved whichever is later, and all other related, pending matters are closed. B. Upon request, at any time during normal business hours and as often as City or any duly authorized representative may deem necessary, Consultant shall make available for examination all of its records with respect to all matters covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to, contracts, invoices, payrolls, personnel records, conditions of employment and other records related to all matters covered by this Agreement. Such records and access to the facilities and premises of the Consultant shall be made available during the period of performance of this Agreement, and for three (3) years from the date that City makes final payment to Consultant or until audit resolution is achieved, whichever is later, and all other related, pending matters are closed. 19. Cost Principles. A. Consultant agrees to comply with the following: (1) the Contract Cost Principles and Procedures, 48 Code of Federal Regulations, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq. (Office of Management and Budget Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments)", shall be used to determine the allowability of individual project cost items, and (2) the Federal administrative procedures in accordance with 49 Code of Federal Regulations, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." B. Any costs for which Consultant receives payment or credit that is determined by a subsequent audit or other review by either City, Caltrans or other State or Federal authorities to be unallowable under, but not limited to, 48 CFR, Chapter 1, Part 31; or 49 CFR, Part 18, are to be repaid by Consultant within thirty (30) days of Consultant receiving notice of audit findings. Should Consultant fail to reimburse moneys due City within thirty (30) days of demand, or within such other period as may be agreed between both parties hereto, City is authorized to withhold future payments due Consultant. 20. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Scope of Work Changes. City and Consultant may request in writing, at any time, amendments to the scope of work. Within ten (10) days from the date of the written notice, Consultant shall notify City of the impact of such changes on the Scope of Work, Schedule and Budget. Upon agreement between the parties as to the required changes, an amendment to this Agreement shall be prepared regarding the same. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 25. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 26. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 28. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye A. Cribbins, City Clerk Ron Everett, Mayor Approved as to form: By: City Attorney CONSULTANT By: Date: 8/7/09 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com From: Kimberly Molina, Associate Engineer To: File Subject: Request for Proposals for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Program) Federal Project No. ESPL-5455 (013) Construction Administration inspection Services The Request for Proposals was addressed to "On -Call' Civil Engineering Firms however, this was a typo and the RFP was sent out to seven (7) civil engineering firms which only three are "On -Call' firms for the City: Hall & Foreman, Inc. (they declined to submit a proposal) AAE, Inc. (they declined to submit a proposal) Onward Engineering (Submitted Proposal) DMS Consultants, Inc. (Submittal Proposal) LAE Associates (Sub on DMS Proposal) Avant Garde (They did not submit a proposal) Norris-Repke (Submitted Proposal) The three "On -Call" Civil Engineering Firms are: Hall & Foreman, Inc. AAE, Inc. Norris-Repke This correction shall be filed with the RFP. 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861.3117 www.CityofDiamondBar.com June 25, 2009 SUBJECT: Request for Proposal for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Street Rehabilitation Project) Federal Project No. ESPL-5455 (013) Construction Administration/ Inspection Services. To On -Call Civil Engineering Firms: The City of Diamond Bar is requesting proposals from qualified Civil Engineering Firms to provide contract administration/inspection services for the Preventative Street Maintenance Program (Zone 3 & Zone 4 Arterial Rehabilitation). The project will be administered by the Public Works Department of the City. I. INTRODUCTION The City has been divided into seven arterial zones (See attachment). This Ron Everett project is in the third and fourth cycle of City's ongoing preventative street Mayor maintenance program on a Citywide basis. Zones 3 and 4 consist of the following roadways: Carol Herrera Mayor Pro Tem Diamond Bar Blvd. from Pathfinder Road to Brea Canyon Cut -Off Wen P. Chang Brea Canyon Cut -Off Road from Diamond Bar Blvd. to City Limit Council Member Pathfinder Road from Diamond Bar Blvd. to Peaceful Hills Road Golden Springs Drive from Brea Canyon Road to the Westerly City Limit Jack Tanaka Brea Canyon Road from Pathfinder Road to Northerly City Limit Council Member Lemon Avenue from Golden Springs to Northerly City Limit Steve Tye Council Member The work to be performed consists of and includes AC/AB removal, reconstruction of asphalt pavement; crack, chip and slurry seal, construction of access curb ramps, parkway drain, curb & gutter replacement, concrete sidewalk replacement and other incidental and appurtenant work necessary for the proper construction of the improvements to approximately 10 miles of arterial streets. Construction shall be completed within sixty (60) working days of the issuance of the Notice to Proceed. The Construction Administration and Construction contracts for this project are being funded by the American Recovery and Reinvestment Act (ARRA) and will be subject to all federal contract requirements. Additionally, as Rec dedpaper RFP -ARRA Construction Administration Services June 25, 2009 Page 2 attached in the Notice to Proposers -Disadvantaged Business Enterprise Information, the consultant selected for the Construction Administration contract will be subject to Underutilized Disadvantaged Business Enterprise (UDBE) requirements. Please refer to all attachments for specifics. A copy of the approved plans and specifications is also enclosed for your review. Note that the city has received Authorization to Proceed from Caltrans Local Assistance Office and will be going out to bid shortly. II. CONSTRUCTION ADMINISTRATION, INSPECTION AND TESTING SERVICES The proposal shall identify tasks for construction administration and inspection services and shall take into consideration the following items: 1. Coordinate and conduct the Pre -Construction Meeting, including notifications to the contractor, utility agencies, street sweeping service and trash collection service. Prepare the meeting agenda and minutes. 2. Re-establish Centerline Monuments and prepare Corner Records. 3. Provide inspection services for the entire project on an as -needed basis during mobilization, demobilization, traffic control installation and public notification process. Provide daily quality control and inspection services during construction. 4. Provide geotechnical inspection and testing services to certify that materials conform to specifications. 5. Address any public complaints or concerns received. 6. Review and address contractor's RFI's. 7. Review contractor certified payrolls. 8. Assist in the preparation of contract change orders. RFP -ARRA Construction Administration Services June 25, 2009 Page 3 9. Prepare daily inspection logs, prepare and submit weekly reports including progress and photo documentation by stages. All photos shall be submitted in digital format. 10. Prepare punch list and conduct final job walk. Prepare recommendation to City staff for acceptance of the construction project. 11. Prepare as -built record plans and submit to the City at the end of the project. Submit a final report to the City. 12. Manage all federal compliance documentation and labor compliance requirements. III. CITY SUPPORT 1. The City shall provide all approved plans and specifications. IV. PROPOSAL FORMAT AND CONTENT The proposal shall provide the following information using the same format and sequence: 1. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Provide resumes of key personnel involved in the project including personnel from sub -consultants, if any. Include information from the three (3) most recently completed projects by the project manager, project engineer and project inspector. 2. Firm's Experience List a maximum of three (3) projects and one federally funded project of similar scope that the firm has inspected for other public agencies. For each project, provide the following information: location, owner, total construction cost, design completion year, construction completion year and name of project manager and project engineer. Also provide a brief background on your firm's understanding regarding the documentation requirements for American Recovery and Reinvestment Act (ARRA) funded projects. RFP -ARRA Construction Administration Services June 25, 2009 Page 4 3. Construction Administration, Inspection and Testing Services Discuss the hours required and scope of work to be included in the construction administration, inspection and testing services. The construction schedule is sixty (60) working days. 4. Resource Requirements Provide a summary of man-hour allocation estimates for all tasks. 5. Fee Schedule Provide hourly rates for all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. 6. Fee Proposal Provide a cost estimate of tasks and total not -to -exceed fees for construction administration, inspection and testing services. 7. Agreement A copy of the Consulting Services Agreement is enclosed. The proposal shall include a statement that all terms and conditions of the Agreement are acceptable. 8. Insurance Proof of insurance requirements addressed in the Consulting Services Agreement shall be submitted by the selected consultant upon execution of the original Consulting Services Agreement for submittal to the City Council. 9. All proposals shall include a "Statement Certifying Insurance Coverage" certifying the required insurance coverage will be obtained by the consultant and the consultant understands said coverage is prerequisite for entering into agreement with the City. The consultant is required to confirm that its insurance carrier can meet all insurance requirements. Failure to meet the insurance requirements will result in the consultant's disqualification. RFP -ARRA Construction Administration Services June 25, 2009 Page 5 10. References List three (3) references including contact names, addresses and telephone numbers. V. SUBMITTAL OF PROPOSAL Four (4) sets of the proposal shall be submitted with a fee proposal included in a separate sealed envelope. Package shall indicate the name, address and telephone number of the individual or entity submitting the proposal. Envelope shall be addressed to: City of Diamond Bar Public Works Department Attn: Kimberly Molina, Associate Engineer 21825 Copley Drive Diamond Bar, CA 91765 Consultants interested in responding to this RFP shall submit proposals to the above address by 2:00 PM on Monday, July 13, 2009. VI. SELECTION OF QUALIFIED CONSULTANT The City will select the consultant for this project based on a combination of factors, such as: qualifications, past experience with similar projects, project approach and references. VII. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted. No representation is hereby made that any contract will be awarded pursuant to this RFP or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of proposal prior to the award of a written contract shall be borne by the proposing firm. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost or obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. RFP -ARRA Construction Administration Services June 25, 2009 Page 6 Please direct questions to Kimberly Molina, Associate Engineer, at (909) 839-7044. Sincerely, javi,dG.Liu, .E.etor o �u lic Works/City Engineer Attachments: Attachment A -Arterial Zone Map Attachment B- Notice to Proposers -Disadvantaged Business Enterprise Information dated June 16, 2009 with Exhibit 10-01 & Exhibit 10-02 Attachment C -Consulting Services Agreement with Exhibit 10-F & Exhibit 10-G Attachment D -Specifications dated April 2009 Attachment E -Zone 3 Plans ATrdkC to M Eti A 5 3.05 10-11 6 2.8 11-12 7 1.88 12-13 TOTAL 24.63 PRE -CONSTRUCTION MEETING Contract administrator in consultation with the City staff and the contractor will send out notifications to various agencies and utility companies to schedule the preconstruction meeting. It will be the responsibility of our administrator to prepare agenda and minutes of the meeting. UTILITY COORDINATION Throughout the duration of the contract, our field staff will coordinate as necessary with utility companies including Verizon Telephone, Valley Vista Services, Southern California Edison, Southern California Gas Company and Walnut Valley Water District. SCHOOL COORDINATION There are four public schools within the project area, namely Diamond Bar High School, Evergreen Elementary School, Castle Rock Elementary School and Walnut Elementary School. Only Diamond Bar High School has direct access to Pathfinder Road. Walnut Elementary School has access from Glenwick Avenue, east of Lemon Avenue and Lycoming Street intersection. We will ensure that in the vicinity of each school, the contractor shall schedule construction to coincide as much as possible with school breaks e.g., before August 25 (first day of school). In the event the construction schedule (notice to proceed) and other logistics do not permit the contractor to schedule construction during the breaks, construction will be coordinated with school administrations to ensure minimum traffic disruption especially during the schools drop-off and pick-up hours. ® Our inspector will make sure that the contractor notifies the affected schools in a timely fashion in accordance with project specifications. COMMUNICATIONS * Coordinate construction activities with Country Hills Estates, Diamond Hills Plaza, City of Rowland Heights, City of Industry, and other governmental agencies. * Contract administrator will prepare weekly and monthly status reports including statement of anticipated work to be performed in the upcoming week for review by the City's project manager. * Prepare and distribute construction notice to all businesses and residents within the vicinity of the project for in accordance with project specifications. Zone 3 & 4 Arterial Street Rehabilitation 23 TRASH PICKUP AND STREET SWEEPING ® Street sweeping and trash pickup schedules are included in the project specifications. We will require the contractor to develop his construction schedule accordingly, so as to minimize any inconvenience to residents, and to make certain that trash is picked up on the regularly scheduled day. SCHEDULE AND BUDGET * Every effort will be made to keep the project on schedule. ® Prepare change orders in the standard City of Diamond Bar and Caltrans format for City engineer's approval. Is Maintain accounting of construction costs, including approved change orders. COMPLIANCE WITH FEDERAL REQUIREMENTS Assist the City in checking/verifying that the lowest bidder (prime contractor) and sub- contractors are not debarred from receiving federal -aid contracts. * Assist the City to ensure that the lowest responsive bidder meets the projects Race Neutral Disadvantaged Business Enterprise (DBE) and Race Conscious Underutilized DBS requirements. If needed, assist the City in evaluating the prime contractor's Good Faith Effort in subcontracting with DBE and UDBE contractors as required. ® Project Files And Organization - Set up files and assist the City in setting up and organizing the files in accordance with Caltrans recommended Project Record Filing System for locally administered federal -aid projects. IN Coordinate with the City to obtain and reviews contractor's federally required submissions for the preparation of contract award package to be submitted to Caltrans. * Prepare the federally required exhibits for construction award package after the contract is awarded. ® Coordinate and follow up with Caltrans and incorporate comments received. Follow-up with Caltrans Sacramento office to ensure that the submission package has been reviewed and properly processed through appropriate divisions. Quality Assurance Program (QAP) - Provide the City's QAP to the material testing staff; review federal requirements such as adhering to the QAP, contractor's submission of the certificates of compliance, material testing consultants QAP, acceptance testing and independent assurance testing reports, material files, cross referencing of the re -test, etc. ® Review contractor's construction schedule for proper coordination and scheduling of labor compliance interviews. Zone 3 & 4 Arterial Street Rehabilitation 24 Prepare the federally required portion of the pre -construction meeting agenda. Attend and review federal requirements, plans, specifications, bid schedule, other project details including Labor Compliance and Equal Employment Opportunity with the contractor and sub -contractors. Prepare minutes of the pre -construction meeting. ® Labor Compliance Administration — Meet with the City's project manager, resident inspector, contractor's superintendent, and representatives of sub -contractors to review the federal requirements and establish a process for labor compliance interviews. ® Conduct labor compliance interviews of contractor and sub -contractors' employee. Provide and ensure proper posting of the labor compliance posters on the project site. Obtain copies of the certified payrolls and fringe benefit statements from the City's project manager on a weekly basis, review the payroll records, interview forms, daily logs, and compare for accuracy. ® Prepare bi-weekly reports of any deficiencies for the City's project manager. Request contractor to submit back up documents for the general contractor, sub -contractors, second tier sub -contractors, and unlisted sub -contractors (contracts less than $10,000) working on the project. ® Review inspector's daily reports for labor compliance purpose, sub -contracting monitoring, DBENDBE compliance and prepare resident engineer's weekly reports. Prepare and process the federally required statement of working day reports for the project manager's review and signature on a weekly basis.. Field review the project, meet with project inspectors and contractor on an as -needed basis or upon request by the City. Review the requirements of Chapter 16 of LAPM, Caltrans Construction Manual, City's approved request for authorization from Caltrans and FHWA, contract award package, and other federal requirements with the City's project manager and project inspector. Assist and review contract change order (CCO) proposals for federal funding eligibility and participation requirements, and the information to be included on the CCOs with City's project manager. Assist with the preparation of CCOs throughout the construction. Contractor's Progress Payments - Coordinate with the resident inspector and contractor so they properly measure and document the contract item pay quantities for progress payments and reimbursement from Caltrans and FHWA. Prepare reimbursement invoices to be submitted to Caltrans for the City's project manager's signature. Follow-up and coordinate with Caltrans accounting division in Sacramento to ensure timely processing of the invoices. Upon completion of construction, ensure timely submittal of the federally required documents by contractor, prepare the final reimbursement invoice, all the exhibits required for the project completion package and submit package to Caltrans. Zone 3 &4 Arterial Street Rehabilitation 25 Schedule a final job walk with Caltrans Local Assistance engineer and the city's project manager; assist the City's project manager with the process, incorporate Caltrans comments and questions on the City' project completion package, and final invoice for the reimbursement of federal funds. CONSTRUCTION INSPECTION IS Field inspector will perform inspector/administrator's duties as set forth in the scope of work for the project. Guidance for the manner in which those duties are carried out is best described in: Project Plans and Specifications Standard Specifications for Public Works Construction, Latest Edition Public Works Inspector Manual DAILY/ WEEKLY REPORTS Field inspector will prepare daily logs addressing progress of the project, weather conditions, number of workers on site, subcontractors present on site, directions given to the contractor, and potential problems which may cause delay or extra work. MONITOR CONTRACTOR PROGRESS Field inspector will answer contractor's questions regarding design issues, review or monitor the contractor's progress and schedule. Impact to local residences and businesses will be minimized through careful coordination with the contractor. Strict adherence to the approved schedule will be required. If necessary, the contractor will be immediately notified when his progress falls behind schedule. Our inspector, with concurrence of City staff, will immediately resolve the design issue between the contractor and designer in order to minimize any potential delays. TRAFFIC CONTROL * Contract administrator will ensure that traffic control plan has been submitted, reviewed by our staff, and approved by the City prior to commencement of construction. * We will require that the traffic control plan indicate various construction phases and all concrete improvements such as sidewalk and curb and gutter be done in Phase 1 prior to any street paving work. Zone 3 & 4 Arterial Street Rehabilitation 26 Construction inspector will ensure that all traffic control devices are in place every morning before the construction starts and all temporary devices have been removed at the end of the day. Construction inspector will ensure that continuous access to adjoining properties is available as indicated in project specifications and approved traffic control plans. COMPLIANCE WITH NPDES REQUIREMENTS ® Our inspector will ensure all construction activities are conducted in a manner to protect storm drains and bodies of water from pollution. ® During construction catch basins in the project area will be protected by placement of filter fabric, sand bags or combination thereof to protect polluted water from running into storm drain system. M1 The contractor will be required to comply with all requirements of the NPDES permit including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). MATERIAL TESTING (ACCEPTANCE) * Geotechnical observation and testing services provided by Caltrans certified soil technician including sampling and in-situ testing services during the placement of asphaltic concrete. We propose to be present onsite for testing on a '/2 time basis (4 hours per day) for each of the assumed 15 days of paving. Inspection services at the batch plant. It is assumed that testing and inspection services will be required at the batch plant by a Caltrans certified technician. We propose to provide batch plant inspection for a total of 40 hours during the project. ® Testing and inspection services provided by a Caltrans certified technician during the placement of portland cement concrete. We propose to be present onsite for testing on a '/2 time basis (4 hours per day) for each of the assumed 6 days when concrete is being placed. * Laboratory testing per Caltrans specifications of: Asphalt concrete (extraction and gradation, specific gravity, maximum density). Concrete cylinder laboratory compressive strength testing and reporting. We propose a total of 24 cylinders (6 sets of 4). * Supervision, QA/QC and project management of our services. Zone 3 &4 Arterial Street Rehabilitation 27 Preparation of a daily field reports documenting the results of our observation and testing. The testing recommended above will be conducted in general accordance with Caltrans procedures. However, based on our discussions and our understanding that more limited testing is desired, the number of tests proposed does not meet typical Caltrans requirements for the quantity of tests required, based on the amount of asphalt to be placed during the project. SURVEY MONUMENTS ® In area requiring cold milling, prior to construction, our survey crew will obtain tie notes from County of Los Angeles for existing monuments affected by construction. After construction we will replace the affected monuments and file corner records with County Surveyor's Office showing the final monumentations. PROJECT CLOSEOUT ® Coordinate a final walk-through and prepare "Punch List" items, certify completion of the project and recommend acceptance. ® Submit Contractor's approved record drawings to the City. e Finalize all change orders and prepare final estimate per measured quantities. 10 Recommend final acceptance of the project. QUALITY CONTROL I The importance of quality control cannot be overemphasized. Given the extreme time constrains under which the project will be done, checking will play a central role in our quality assurance effort. We will make sure that the project manager reviews and checks all documents before they are issued or submitted to the City. * Throughout the duration of the project, we will ensure that all elements of required sampling and testing for pavement resurfacing materials are being performed. * We will ensure that acceptance testing is being performed correctly and in accordance with Caltrans, division of local assistance, quality assure program. These procedures include, but not limited to: Zone 3 & 4 Arterial Street Rehabilitation 28 F11 Verifying that equipment used for acceptance testing is properly calibrated and in good working condition. Records of equipment calibrations should be kept with the equipment. ® Witnessing sampling and testing by the acceptance tester. Performing corroboration testing between the acceptance tester and independent assurance personnel. A written procedure for dispute resolution. Section 5, of LAPM "Developing an Independent Assurance Program" provides further guidelines and recommendations in developing a local agency IA program. Testing of manufactured materials - procedures for inspecting, accepting and testing manufactured and prefabricated materials either by source inspection, job inspection, or certificate of compliance. Attached in the Appendix of this proposal is the Caltrans, "Interim Construction Oversight Plan" guidelines for federal -aid projects. Our contract administrator will ensure that the guidelines are being followed. Zone 3 & 4 Arterial Street Rehabilitation 29 Contract Administration Construction Inspection Services Pre -Construction Meeting.................................................................................. $2,070.00 Construction Administration/Project Manager .................................................... $8,320.00 Construction Inspection/Field Inspector........................................................... $38,380.00 SUBTOTAL I: $48,770.00 Construction Staking Services Reset Survey Monuments................................................................................. $10,530.00 Prepare Corner Records & File at County of Los Angeles ................................. $1,820.00 SUBTOTAL II: $12,350.00 Sub -Consultant Services Includes 10% Markup LAE Associates, Inc. - Federal/Caltrans Compliance ....................................... $37,350.00 Contract Administrator: 19B hrs1$1 25,00 $24,750 Labor Compliance Coordinator: 90 hrsl$85.00 $7,650 Administrative Assistance: 90 hrs/$55.00 $4,950 Leighton Consulting - Material Testing (Acceptance) ....................................... $20,790.00 ADVANTEC Consulting Engineers - Traffic Striping Inspection and Review Traffic Control Plan......................................................................... $8,000.00 SUBTOTAL III: $66,140.00 NOT TO EXCEED FEE: $127,260.00 Zone 3 & 4 Arterial Street Rehabilitation Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member lack Tanaka Council Member Steve Tye Council Member June 16, 2009 1 1. 1 1 i mc 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofD i am o nd Bar.com SUBJECT: NOTICE TO PROPOSERS -DISADVANTAGED BUSINESS ENTERPRISE INFORMATION This Agency has established an Underutilized DBE goal for this Agreement of 2.14%. 1. TERMS AS USED IN THIS DOCUMENT The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). The term "Underutilized Disadvantaged Business Enterprise" or "UDBE" is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: - Black American - Asian -Pacific American - Native American - Women The term "Agreement' also means "Contract." ® Agency also means the local entity entering into this contract with the Contractor or Consultant. The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"), The Contractor should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The bidder/proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF UDBE AND DBE INFORMATION If there is a UDBE goal on the contract, a "Local Agency Bidder/Proposer-UDBE Commitment (Consultant Contract)" (Exhibit 10-01) form shall be included in the Request for Proposal. In order for a proposer to be considered responsible and EXHIBIT 10-1 Notice to Proposers Disadvantaged Business Enterprise Information LLP 09 x Page 10-49 May 7, 2009 responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. Only UDBE participation will be counted towards the contract goal; however, all DBE participation shall be collected and reported. A "Local Agency Proposer -DBE —Information (Consultant Contract)" (Exhibit 10-02) form shall be completed and submitted with the executed contract. The purpose of the form is to collect all UDBE and DBE commitment data required under 49 CFR 26. For contracts with no goals, this form collects information on all DBEs, including UDBEs. Even if no DBE participation will be reported, the successful bidder must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime consultant, subconsultant, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A UDBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The proposer is a UDBE and will meet the goal by performing work with its own forces. 2.The proposer will meet the goal through work perfomred by UDBE subconsultants, subconsultants, suppliers or trucking companies. 3. The proposer made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55; that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The (prime consultant) shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http://www.dot.ca.gov/hq/bep/. • Click on the link in the left menu titled Find a Certified Firm • Click on Query Form link, located in the first sentence • Click on Certified DBE's (UCP) located on the first line in the center of the page • Click on Click To Access DBE Query Form • Searches can be performed by one or more criteria • Follow instructions on the screen • "Start Search," "Requery," "Civil Rights Home," and "Caltrans Home' links are located at the bottom of the query form 6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE CREDIT, AND IF A DBE IS ALSO A UDBE, PURCHASES WILL COUNT TOWARDS THE UDBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count one hundred percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count sixty percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not UDBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS DBE CREDIT, AND IF A DBE IS A UDBE, CREDIT WILL COUNT TOWARDS THE UDBE GOAL, UNDER THE FOLLOWING CONDITIONS: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Agreement, and there cannot be a contrived arrangement for the purpose of meeting the UDBE goal. B. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this Section D, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Local Assistance Procedures Manual Exhibit 10-01 Local Agency Proposer UDBE Commitment (Consultant Contracts) Exhibit 10-01 Local Agency Proposer UDBE Commitment (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY: LOCATION: PROJECT DESCRIPTION: CONTRACT GOAL:$ PROPOSAL DATE: PROPOSER'S NAME: WORK DESCRIPTION OR SERVICES TO BE DBE Cert. No. ITEM NO. SUBCONTRACTED D EXPIRATION (Must ATE AME OF UDBEs PERCENTAGE be certified on the date the AMOUNT roposals are opened - include OF EACH UDBE DBE address and hone number) For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Total Claimed Participation Proposal Award Date: Local Agency certifies that the UDBE certification(s) has been verified and all information is complete and accurate, Print Name Signature Date Local Agency Representative ,Area Code) Telephone Number: For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer _ Signature of Proposer Date (Area Code) Tel. No. Person to Contact (Please Type or Print) Local Agency Bidder -UDBE Commitment (Rev 3/09) Distribution: (1) Copy— If this Proposer is successful fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of award. Failure to send a copy to the DLAE within 15 days of award may result in de -obligation of funds for this project. (2) Original —Local agency files Page 10-73 LPP 09-xx March 27, 2009 Exhibit 10-01 Local Assistance Procedures Manual Local Agency Proposer UDBE Commitment (Consultant Contracts) INSTRUCTIONS - LOCAL AGENCY BIDDER- UDBE COMMITMENT (CONSULTANT CONTRACTS) (Revised 03/09) ALL PROPOSERS: PLEASE NOTE: 1t is the proposer's responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian -Pacific American; 3) Native American; 4) Women. This information shall be submitted with your proposal. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian -Pacific American 3. Native American 4. Women The form requires specific information regarding the consultant contract: Agency, Location, Project Descriptions, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Proposal Date, Proposer's Name, and Contract Goal. The form has a column for the Work Item Number (or Item No's) and Description or Services to be Subcontracted to UDBEs. The UDBE should provide a certification number to the Consultant. Notify the Consultant in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of certified UDBEs to perform the work (must be certified on the date proposals are received and include UDBE address and phone number). Enter the UDBE prime consultant and subconsultant certification numbers. Prime consultants shall indicate all work to be performed by UDBEs including, if the prime consultant is a UDBE, work performed by its own forces. There is a column for the total UDBE percentage. Enter the Total Claimed UDBE Participation percentage of items of work submitted with the proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See Notice to Bidders/Proposers Disadvantaged Business Enterprise Information to determine how to count the participation of UDBE firms. Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit 10-0 (1) must be signed and dated by the consultant proposing. Also list a phone number in the space provided and print the name of the person to contact. For the Success Proposer only, local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15 -day time period may result in the de -obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Page 10-74 March 27, 2009 LPP 09-xx Local Assistance Procedures Manual Exhibit 10-02 Local Agency Proposer DBE Information (Consultant Contracts) Exhibit 10-02 Local Agency Proposer DBE Information (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY: LOCATION: PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT: $ PROPOSAL DATE: PROPOSER'S NAME: ONTRACT ESCRIPTION OR SERVICES TO BE BE Cert. No. ITEM NO. SUBCONTRACTED D EXPIRATION ATE AME OF DBEs PERCENTAGE OF Must be certified on the date bids DBE are opened - include DBE address nd hone number For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Total Claimed Participation Contract Award Date: Local Agency certifies that the DBE certifications) has been verified and all information is complete and accurate. Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: Signature of Proposer Date (Area Code) Tel. No. Or Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Person to Contact (Please Type or Print) Local Agency Bidder -DBE Commitment(Rev 3/09) Distribution: (1) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de -obligation of funds for this project. (2) Original — Local agency files Page 10-74a LPP 09-xx March 27, 2009 . xhibit 10-02 Local Assistance Procedures Manual Local Agency Proposer DBE Information (Consultant Contracts) INSTRUCTIONS - LOCAL AGENCY BIDDER DBE INFORMATION (CONSULTANT CONTRACTS) (Revised 03/09) The form requires specific information regarding the consultant contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Proposal Date, and Successful Proposer's Name. The form has a column for the Description or Services to be Subcontracted by DBEs. The DBE should provide a certification number to the prime consultant. The form has a column for the Names of DBE certified consultants to perform the work (must be certified on the date the proposal is received and include DBE address and phone number). Enter DBE prime consultant's and subconsultants' certification numbers. The prime consultant shall indicate all work to be performed by DBEs including, if the prime consultant is a DBE, work performed by its own forces. Enter the Total Claimed DBE Participation percentage of items of work in the total DBE Dollar Amount column. (If 100% of item is not to be performed by the DBE, describe the exact portion of time to be performed by the DBE.) See Notice to Proposers/Bidders Disadvantaged Business Enterprise Information to determine how to count the participation of DBE firms. Exhibit 10-0 (2) must be signed and dated by the successful proposer at contract execution. Also list a phone number in the space provided and print the name of the person to contact. For the successful proposer, Local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15 -day time period may result in the de -obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form Page 10-74b March 27, 2009 LPP 09-xx Agenda # 6.6 Meeting Date: August 18, 2009 CITY COUNCIL AGENDA REPORT . \Ll �ot?PORaK�� TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City M na TITLE: Resolution No. 2009 -XX Modi ying Three Sections of the Compensation Plan for all Classifications of Employment; Amending Resolution No. 2008-20. RECOMMENDATION: Approve and adopt. BACKGROUND: Each year the City Council adopts a Compensation Plan for all classifications of employment. Typically each year employee salaries are adjusted incorporating a Cost of Living Adjustment (COLA) established as the annual Consumer Price Index (CPI) percentage difference between March 2008 and March 2009 as issued by the Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles -Riverside -Orange Counties, California. This year the CPI reflected a negative Consumer Price Index. A COLA adjustment was not incorporated within the adopted FY 2009- 2010 Budget and is not proposed for inclusion in the Compensation Plan. Three sections of the existing Compensation Plan need to be amended to address the following specific items: DISCUSSION: SENIOR PLANNER POSITION During the budget discussions it was recommended that the vacant Planning Manager position be under filled through the creation of a Senior Planner position. The recommendation was approved with the position classification and salary grade for the Senior Planner position established in the adopted FY 2009- 2010 Budget. This full-time exempt position shall be added to Salary Schedule D at salary grade 36E amending the City's current Compensation Plan. HEALTH BENEFIT ALLOTMENT The City provides a monthly Health Benefit Allotment for all full-time and part-time benefited employees and City Councilmembers. A $25.00 increase to the monthly Health Benefit Allotment was budgeted and approved within the adopted FY 2009-2010 Budget. With this increase, full-time non-exempt staff will receive $945.00 and full-time exempt staff and City Council Members will receive $975.00 per month to be used toward employee health benefits. As established within the adopted budget, this action will be retroactive to July 1, 2009. PERS RETIREE COMPENSATION The City participates in the Public Employees' Retirement System (PERS) for City Council Members and qualifying employees. As a result of the City's contract with PERS, qualifying classifications do not participate or contribute into Social Security. The current monthly PERS contribution for City Council members is: • PERS employee portion (7%) • PERS employer portion (10.733%) • Survivor Benefit _ $ 52.22/month _ $ 80.07/month _ $ .78/month $133.071month ($1596.84 annually) Upon separation of service, a Councilmember may retire from PERS and receive a monthly payment or the individual may elect to cash out on a lump sum basis. If the individual elects to take a lump sum payment, he or she may only receive the total amount contributed as the "employee portion" of the PERS monthly payment. A Councilmember who is retired from PERS and receiving retirement benefits is prohibited from being re - enrolled in PERS. Consequently, any such Council member would not receive the PERS benefit available to other Council members and employees. The City Council is currently comprised of one member who is a PERS retiree. To address this situation, it is proposed that if a Council member is enrolled in PERS by virtue of other employment, and is precluded from receiving the PERS benefit otherwise available to Councilmembers, an amount equal to the City's "employee portion" of the PERS rate would be contributed by the City into the City's ICMA Section 457 deferred compensation plan on behalf of the Councilmember. The employee portion is equivalent to 7% of the City Councilmember's salary. Based on the salary of $746 a month, the employee portion is equal to $52.22 a month or $626.64 annually. This benefit would be considered the equivalent of the retirement benefit available to other Councilmembers for purposes of complying with the requirements of state law. It is recommended that this amendment be retroactive to June 2005. W1►/_1i!Is] F-11gIdd;r_191Lq Expenditures for the amendments to Schedule D, Senior Planner position, and Schedule G, $25.00 monthly health benefit increase, were both approved with the adoption of the FY 2009-2010. Resources for the proposed PERS retiree compensation amendment to Schedule G and retroactive payment will come from within the City Council Budget appropriations. PREPARED M. "W David Doyle Assistant City Manager Attachments: Resolution 2009 -XX 2 Resolution No. 2009 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2008-20, WHICH ESTABLISHED THE EMPLOYEE COMPENSATION PLAN EFFECTIVE JULY 1, 2008. WHEREAS; on July 1 2008 Resolution No. 2008-20 which established all City employee salary and benefit allotment became effective; and WHEREAS; there have been no cost of living increase to employee salaries provided for FY 2009-10; and WHEREAS; on June 2, 2009 the City Council of the City of Diamond Bar approved and adopted the annual budget for Fiscal Year (FY) 2009-10; and WHEREAS; the FY 2009-10 budget included a $25.00 increase to the monthly benefit allowance for all full-time employees and a proportionate pro -rated increase for all benefited part-time employees; and WHEREAS; the existing vacant position of Planning Manager was revised to Senior Planner in the FY 2009-10 adopted budget to provide valuable cost savings to the City City; and WHEREAS; the City Council has approved the concept of providing an equivalent PERS retirement benefit to any City Councilmember that is ineligible to receive the City provided PERS retirement benefit. NOW, THEREFORE BE IT RESOLVED; the City Council of the City of Diamond Bar, does hereby amend Resolution 2008-20 as follows 2. Schedule G of the City's Compensation Plan establishing benefits shall reflect a $25 a month increase to the Benefit Allotment for all full-time employees, Councilmembers, and a proportionate pro -rated increase for part-time benefited employees. Schedule D of the Compensation Plan shall establish the full-time, exempt position of Senior Planner with a salary grade of 36E consistent with the FY 2009-10 adopted budget. 3. Schedule G is amended to provide a contribution into the City's Section 457 Deferred Compensation Plan on behalf of qualifying Designated Officials (City Council Members) in the amount set by the current California Public Employees' Retirement System (CaIPERS) Employee contribution rate; and PASSED, ADOPTED AND APPROVED this day of August 2009. Ron Everett, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of August 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 2 CITY COUNCIL Agenda # 6.7 Meeting Date: 8118109 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROPRIATION OF $43,000 FRrTOCREATE RAL FUND RESERVES TO LLAD #41 FOR BRUSH REMOVAL SERVICE NEWLY REQUIRED FIRE BREAKS ON PRIVATELY OWNED PROPERTY WITHIN THE DISTRICT. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of a $43,000 appropriation from General Fund reserves will increase the General Fund subsidy of LLAD #41 from $96,292 to $139,292 for 2009 - 2010 FY. BACKGROUND: The Los Angeles County Fire Department recently inspected the fire breaks in LLAD #41 to ensure that all the open space properties are in compliance with Fire Code requirements. The Fire Department notified the enforcement agency, Los Angeles County Department of Agricultural Commission (LA County Ag) of three parcels in LLAD #41 with fire breaks that do not meet the Fire Code requirements. The three parcels in question are owned by two different homeowners associations (HOA), Oakridge Community HOA and Woodglen Community HOA. The residents that live in each of these HOA's pay an annual assessment to LLAD #41 for services such as landscape maintenance and fire breaks. Both of these HOA's are requesting the City of Diamond Bar to complete the fire break work on their property. The fire breaks requested have never been maintained by the City of Diamond Bar and are not listed on the maintenance area maps for the District received from LA County when the City incorporated. Therefore, these are new areas that need to be maintained as required by LA County Fire that include about 50 acres of brush clearance work. LA County Ag provided an estimate of $118,000 for their hand crews to complete this work. City staff then released a RFP to local goat herders as an alternative method of completing the required work. The low bid submitted is for $18,000, with the high bid for $35,000. The City also received a bid from a contractor for $4,500, but that bid did not include any control of the goats. Staff has rejected that bid as being non-responsive to the scope of work listed in the RFP. The work by the goats will take about 30 days or so to complete. After the goats do their work, hand crews will still need to enter the three parcels and complete hand work to ensure the fire breaks are in compliance with Fire Department requirements. Staff estimates (very rough estimate) that this follow-up hand work will cost an additional $25,000; therefore the request for an appropriation of $43,000 ($18,000 for goat work, $25,000 for hand crews). DISCUSSION: The three parcels that require the fire break service and their owners are: Parcel # Owner 8765-018-039 Woodglen HOA 8765-018-040 Woodglen HOA 8765-017-042 Oakridge HOA It can be argued that the City of Diamond Bar has no legal obligation to complete the fire breaks required by LA County Fire. The HOA's are the property owners and the property owners have the legal obligation to complete the fire break work. However, with consideration for the health and safety of the residents that live in and adjacent to LLAD #41, staff believes it is more prudent for the City to complete the fire break work now, and then determine who is ultimately going to be financially responsible for the expenses at a later date, possibly at the same time the City subsidy of all the LLAD's in Diamond Bar are being evaluated. If this appropriation is approved by the City Council, the goats will be deployed for the fire break work as soon as the low -bid contractor has executed his contract. (Both HOA's have already granted the City written permission to deploy the goats on their property.) Community Services Director REVIEWED BY: 1 `44 (�t A_Ot� EMda Magnu o Finance Director CITY COUNCIL Agenda # 7.1 Meeting Date: August 18, 2009 AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Ma TITLE: RESOLUTION NO. 2009 -XX: FI TDIGHE CITY OF CONFORMANCE WITH THE 2009 CONGESTION PROGRAM (CMP) FOR LOS ANGELES COUNTY AS THE METROPOLITAN TRANSIT AUTHORITY RECOMMENDATION: Adopt FINANCIAL SUMMARY: DIAMOND BAR MANAGEMENT PREPARED BY CMP conformance is required for the City of Diamond Bar to receive State Gas Tax funds and to preserve our eligibility for other State and Federal transportation funding. Acting as Los Angeles County's Congestion Management Agency, the Los Angeles County Metropolitan Transportation Authority (LACMTA or "Metro") requires the City of Diamond Bar to prepare an annual CMP compliance report. BACKGROUND/DISCUSSION: The adoption of Proposition 111 (Traffic Congestion Relief and Spending Limitation Act) in 1990 mandates all counties to have a congestion relief program where funding would reflect the needs of California's developing population. The revenue would be used to provide new infrastructure, such as new highways, public transit, new roads, etc. Since 1990, Metro has managed the Congestion Management Program and requires annual updates from Los Angeles County and the local jurisdictions. The CMP requires local jurisdictions to: • Assist in monitoring the CMP highway and transit system; • Implement a transportation demand management ordinance; • Implement a program to analyze the impacts of local land use decisions on the regional transportation system; and • Participate in the Countywide Deficiency Plan; Metro continues to explore the feasibility of implementing a countywide congestion mitigation fee to address the regional transportation impacts of new development. The fees would be used to fund regionally significant projects. The Congestion Mitigation Fee Study consists of four parts: a Feasibility Study; Local Project Identification; Nexus Study; and Local Implementation. Currently, Metro is coordinating with local jurisdictions for project identification. Upon completion, Metro will initiate the Nexus Study to see how the projects will relate to the region. While a Congestion Mitigation Fee Study is underway, local jurisdictions report only the new net development activity on the Local Development Report (LDR) and adopt the self -certification resolution. Development activity for Diamond Bar from June 1, 2008 to May 31, 2009 includes the completion of the following new development projects: • Four (4) single family residences (two of which are in the Country Estates) • One (1) commercial building totaling 6,468 square feet (Chili's Grill & Bar) Previously, Metro used a credit and debit system to monitor compliance with the CMP. This system would take debits for new development activities. To offset the debits, there would be credits allotted to cities for their transportation improvements, such as Transit and Diamond -Ride programs, Web page users, on-line services, Info -to -go, and the transportation Capital Improvements. As Metro is working on a new countywide mitigation fee feasibility study, they have frozen all jurisdictions' credits since 2003 and have yet to determine what consideration will be given to cities that have accumulated credits. Diamond Bar monitors a credit balance of 78,651. As in past years, the City of Diamond Bar remains in compliance with the Congestion Management Program for Los Angeles County. Prepared By: Natalie Tobon, Planning Technician Reviewed David G. tu Director of Public Works '2� Greg Gubman, AICP Community Development Director Attachments: 1. Resolution 2009 -XX 2. City of Diamond Bar 2009 Congestion Management Program Local Development Report E RESOLUTION NO. 2009 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 A. RECITALS. WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the GMP Local Development Report by September 1 of each year; and WHEREAS, the City Council held a noticed public hearing on August 18, 2009. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council has taken all of the following actions and that the City of Diamond Bar is in conformance with all applicable requirements of 2004 CMP adopted by the LACMTA Board on July 22, 2004. By June 15, of odd -numbered years, the City of Diamond Bar will conduct annual traffic counts and calculated levels of service for selected arterial intersections, consistent with the requirements identified in the CMP Highway and Roadway System chapter. The City of Diamond Bar has locally adopted and continues to implement a transportation demand management ordinance; consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City of Diamond Bar has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. The City of Diamond Bar has adopted a Local Development Report (LDR), attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report balances traffic congestion impacts due to growth within the City of Diamond Bar with transportation improvements, and demonstrates that the City of Diamond Bar is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. 3 SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority, Stacy Alameida, Transportation Planning Manager, Metro Long Range Planning, Mail Stop 99-23-2, One Gateway Plaza, Los Angeles County, CA 90012-2952. PASSED, APPROVED AND ADOPTED THIS 181th DAY OF AUGUST 2009. Ron Everett, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 18th day of August, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAINED ATTEST: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar 0 CITY OF DIAMOND BAR Date Prepared: July 28, 2009 2009 CMP Local Development Report Reporting Period: JUNE 1, 2008 - MAY 31, 2009 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART DEVELOPMENT (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) Low/Very Low Income Housing 01 Dwelling Units High Density Residential 01 Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 0 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 0 Dwelling Units Total Dwelling Units 0 Total Non-residential sq. ft. (in 1,000s) 0 Section 1, Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low -Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low -Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. CITY OF DIAMOND BAR Date Prepared: 2009 CMP Local Development Report Reporting Period: JUNE 1, 2008 - MAY 31, 2009 July 28, 2009 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ... DEVELOPMENT ADJUSTMENTS IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 0.00 Multi-Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 0.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips (Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 3 CITY OF DIAMOND BAR Date Prepared: 2009 CMP Local Development Report Reporting Period: .LUNE 1, 2008 - MAY 31, 2009 July 28, 2009 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." -.-DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 4.00 Multi -Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 0.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 6.47 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office 300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips (Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 2 CITY OF DIAMOND BAR Date Prepared: July 28, 2009 2009 CMP Local Development Report jReporting Period: JUNE 1, 2008 - MAY 31, 2009 Contact: DAVID G. LIU, DIRECTOR OF PUBLIC WORKS Phone Number: (909) 839-7040 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY IMPORTANT: All "#value!" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Single Family Residential Multi -Family Residential Group Quarters COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON -RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government I nstitutional/Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential sq. ft. (in 1,000s Dwelling Units 4.00 0.00 0.00 1,000 Net Sq.Ft 2 0.00 0.00 6.47 1.000 Net Sa.Ft.2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Daily Trips 0.00 0.00 0 0 1. Note: Please change dates on this form for later years. Section 1, Nage 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. CT VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. , ignature This document is a public record subject to disclosure under the Public Records Act.