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HomeMy WebLinkAbout11/17/2009I(1•' of Diamond Bar City Council Agenda Tuesday, November 17, 2009 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ron Everett Carol Herrera Mayor Mayor ProTem Wen P. Chang Jack Tanaka Steve Tye Council Member Council Member Council Member City Manager James DeStefano • City Attorney Michael Jenkins • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 17, 2009 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2009-42 Next Ordinance No. 02 (2009) 6:30 p.m. Mayor Mike Malatka, Youth Pastor Diamond Canyon Christian Church Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to ASB students of Diamond Ranch High School who went above and beyond ASB leadership by assisting staff in releasing students in an orderly manner to their parents; and, placing the school before themselves by keeping students safe during the recent fires. 1.2 Presentations to Council Member Chang retiring after 12 years of service on the Diamond Bar City Council. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. November 17, 2009 PAGE 2 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — November 19, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Planning Commission Meeting — November 24, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Thanksgiving Holiday — City Offices will be closed Thursday, November 26 and Friday, November 27, 2009 in observance of Thanksgiving. City office will reopen Monday, November 30, 2009 at 7:30 a.m. 5.4 City Council Meeting - December 1, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of November 3, 2009 — Approve as submitted. 6.2 Planning Commission Minutes — Regular Meeting of September 22, 2009 - Receive and file. 6.3 Ratification of Check Register — Dated October 29, 2009 through November 11, 2009 totaling $815,755.14. Requested by: Finance Department 6.4 Treasurer's Statement - Month of September 2009. Recommended Action: Approve. Requested by: Finance Department November 17, 2009 PAGE 3 6.5 Approve Notice of Completion for Sunset Crossing and Prospectors Road Traffic Calming Project. Recommended Action: Approve. Requested by: Public Works Department 6.6 Approve Exoneration of Surety Bond No. TM505384616398501 Posted by Brookfield Diamond Bar Village LLC for Tract 62482 (Vantage Townhomes) to Complete Manhole Installation for Storm Drain PD 1747. Recommended Action: Approve. Requested by: Public Works Department 6.7 (a) Award of Design Services Contract for Residential Area 6 Road Maintenance (Cape Seal) Project to AAE, Inc. in the Amount of $39,502 and Authorize a Contingency Amount of $4,000 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $43,502. Recommended Action: Award. (b) Award of Construction Administration Services Contract for Residential Area 6 Road Maintenance (Cape Seal) Project to Onward Engineering in the Amount of $39,990 and Authorize a Contingency Amount of $4,000 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $43,990. Recommended Action: Award. Requested by: Public Works Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 First Reading of Ordinance No. OX (2009): An Ordinance Amending Title 8, by Adding Chapter 8.14, "Water Conservation Landscaping", to the Diamond Bar Municipal Code. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2009) Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. November 17, 2009 PAGE 4 COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 3, 2009 "' FAFT CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Herrera led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D, Islamic Education Center led the invocation. ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve Tye, Mayor Pro Tem Carol Herrera and Mayor Ron Everett. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Lauren Hidalgo, Public Information Specialist; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 M/Everett presented a City Tile to Sherry George and staff of APR Consulting, Inc., 22632 Golden Springs Dr., Suite 380 as Business of the Month for November 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that today at about 11:30 a.m. he was notified of a series of fires that had broken out along the SR60 starting at Diamond Bar Blvd. eastward to Phillips Ranch Rd. /Chino Hills Parkway. At first glance it appeared that an arsonist had created multiple location fires; however, it turned out not to be the case. As a result of the very swift, effective and coordinated response by the Sheriff's Department, Fire Department, Cal Fire, San Bernardino County, City of Montclair, City of Pomona and others, the fire was quickly extinguished and the area was contained protecting the students at Diamond Ranch High School and residential properties in the area. Leticia Pacias, Community Services Representative with LA County Fire was at the command center for the entire afternoon. CM/DeStefano further reported that the City was able to effectively utilize its CTY Connect System that the City Council had recently purchased. The system that went into effect about September 1 was used to notify residents about the situation. He reminded residents that it is very NOVEMBER 3, 2009 PAGE 2 CITY COUNCIL important for them to sign up for the CTY Connect System. Leticia Pacias, LA County Fire stated that the Department responded to the fire this morning along the eastbound SR60 between SR57/60 and the 71 Freeway. Approximately 50 acres burned from seven to eight starts. The incident was a unified command and by 3:00 p.m. the fire was approximately 65% contained with full containment expected this evening. During the fire Diamond Ranch High School students took shelter at the school. Once it was determined safe for students to leave parents were allowed on site to pick them up. Four students at the high school suffered minor smoke inhalation and were transported to local hospitals and one firefighter was injured in a heat related incident. Initially the concern was the threat to structures in the area so four Bell Helicopters, two super-scoopers (Quebec I & II) and one sky crane were dispatched. The fire was under investigation and at this time has been determined to be accidental. A possible cause being investigated is a mechanical failure of a truck's catalytic converter. The good news is that no structures were lost and Diamond Bar is safe. 3. PUBLIC COMMENTS: Al Rumpilla voiced his concern that the Diamond Ride program has lost about 50% ridership and that the number of cabs have been reduced from seven or eight to about three. He felt the Council should reconsider returning the program to its original status. He asked residents to call him at 909-861-8898 to join in convincing the Council to put the program back to what it was previously. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Veterans Recognition Ceremony — November 5, 2009 — 9:00 a.m., Diamond Bar Center, Grand View Ballroom, 1600 South Grand Ave. 5.2 Planning Commission Meeting — November 10, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Veterans Holiday — November 11, 2009 — City Offices closed in observance of Veterans Day. City Offices will reopen on Thursday, November 12, 2009 at 7:30 a.m. 5.4 Traffic and Transportation Commission Meeting — November 12, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.5 LED Holiday Light Exchange — November 14, 2009 — 10:00 a.m. — 2:00 p.m., City Hall Parking Lot, 21825 Copley Dr. NOVEMBER 3, 2009 PAGE 3 CITY COUNCIL 5.6 City Council Meeting — November 17, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded, to approve the Consent Calendar as presented. 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 October 20, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of September 24, 2009. 6.3 RATIFIED CHECK REGISTER — Dated October 15, 2009 through October 28, 2009 totaling $1,827,389.65. 6.4 APPROVED NOTICE OF COMPLETION OF RESIDENTIAL AREA 5 ROAD MAINTENANCE PROJECT. 6.5 APPROPRIATED FEDERAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) FUNDS IN THE AMOUNT OF $516,500 TO IMPLEMENT SUSTAINABLE PROGRAMS AND PROJECTS PREVIOUSLY IDENTIFIED IN THE CITY'S APPROVED EECBG APPLICATION. 6.6 APPROVED CONTRACT AMENDMENT NO. 2 WITH ADVANTEC CONSULTING ENGINEERS FOR TRAFFIC MANAGEMENT SYSTEM TECHNICAL SUPPORT IN THE AMOUNT OF $27,450. 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang reminded residents that polling places close in one hour and those who are registered still have time to vote. The Inland Valley Humane Society reported that during September they received 141 calls from D.B. resulting in about 63 hours of service to the community. Many calls were about stray dogs and cats. C/Chang asked residents to call the Humane Society when they see deceased animals on the roadways. C/Chang announced that sales tax for D.B. dropped about 17.1% in the second quarter and that the entire LA County area dropped about 20%. Although this affects the City's budget it will not compromise the quality of services provided by the City. He did however recommend that people NOVEMBER 3, 2009 PAGE 4 CITY COUNCIL spend their money only on what they need. C/Tanaka stated that he and M/Everett attended red ribbon assemblies at Pantera, Armstrong and Maple Hill Elementary schools. He also attended the D.B. Senior Citizens Halloween Dinner Dance; the Pomona-D.B. YMCA Celebrity Waiter fundraising luncheon; and the City's Haunted House and Fall Fun Festival held this past weekend. Today, he attended the Bob's Big Boy 30 -Anniversary featuring a price rollback menu for the occasion. C/Tye said it was a privilege to attend the YMCA Fundraiser and see staff incognito playing various characters. He stated that he has a nephew in the Sheriff's Department and a nephew in the Fire Department and enjoys their brotherly rivalry about who is more important to public safety. Something like today's fire incident makes one realize how blessed the City is to have those public servants in the Sheriff's Department to maintain calm and keep areas cleared allowing firefighters to get into areas to fight fires. He expressed his gratitude to the Sheriffs Department and Fire Department and staff for coming to the City's rescue in the face of a potentially dangerous situation. He also stated that he hopes that everyone took the opportunity to vote. It has been a privilege for him to get out and knock on doors these past few months and speak with his constituents. MPT/Herrera thanked the City's public safety personnel who put their lives on the line once again to defend lives and property during today's fire. She also sent her thanks to the LA County Sheriffs Department for arresting suspicious individuals on October 21 who attempted a home invasion in Walnut. Two of the individuals had burglary tools in the car and two of the suspects LA area gang members, who had been responsible for residential burglaries in Walnut and D.B. admitted to burglarizing a home in D.B. that Tuesday. Sheriffs Deputies are always on alert to keep neighborhoods safe by capturing suspects one by one and removing them from the streets letting others know that D.B. has zero tolerance for crime. M/Everett joined with other Council Members in many of the activities mentioned. He believed that all of this "goodness" begins in the schools and the City promotes its schools as much as possible. He commended the students at Diamond Ranch High School for their good citizenship during today's fire. Two thursday's ago he had the privilege of celebrating "Teacher's of the Year" at WVUSD. He thanked all teachers for their leadership, wisdom and courage to continue to serve and congratulated winner, Brian Mason. He also attended the Friends of the Library's Middle School Reads competition at Mt. SAC's Clark Theater. The book "Life as we Knew It" by Susan Beth Pfeffer is gripping and definitely worth the read. He congratulated the middle school students for an outstanding evening and to the coaches, teachers, librarians, principals as well as the parents and supporters. He also attended the 2009 Chinese-American Film Festival opening. He spoke about a BMX group that spoke passionately NOVEMBER 3, 2009 PAGE 5 CITY COUNCIL about the "Just Say showed a roll back business in D.B. No" to drugs program during Red Ribbon ceremonies and price menu in celebration of Bob's Big Boy's 30 years of ADJOURNMENT: With no further business to conduct, M/Everett adjourned the Regular City Council meeting at 7:17 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2009. RON EVERETT, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 22, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, 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 Minutes of the Regular Meeting of August 25, 2009. C/Shah moved, C/Nelson seconded, to approve Regular Meeting Minutes of August 25, 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS: Lee, Nolan, Shah, VC/Nelson Chair/Torng None None 7.1 Development Review No. 2009-04 - Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to demolish an existing 4,247 square foot single family residence and construct a new SEPTEMBER 22, 2009 PAGE 2 PLANNING COMMISSION 5,658 square foot single story residence with one attached garage and one detached garage on a 1.28 acre Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. PROJECT ADDRESS: 22415 Steeplechase Lane (Tract 30578, Lot 167, APN 8713-009-006) Diamond Bar, CA 91765 PROPERTY OWNER: Hai and Kim Nguyen 3057 Windmill Drive Diamond Bar, CA 91765 APPLICANT: Andrew S. Miller 25 Rana Rancho Margarita, CA 92688 SP/Laufenbuger presented staff's report and recommended Planning Commission approval of Development Review No. 2009-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Nelson commented that the project looked like a home that belonged in Malibu and wondered if Diamond Bar was ready for such a project. C/Shah asked if the architect was balancing the grade to prevent import of soil. SP/Laufenburger responded that the applicant is doing cut and fill in on an equal amount so that they will not be importing or exporting. C/Shah said it was a nice design. There were no ex parte disclosures. Chair/Torng opened the public hearing. Andrew Miller, project architect, said he concurred with staff's report and conditions of approval. Chair/Torng closed the public hearing. VC/Nelson moved, C/Nolan seconded, to approve Development Review No. 2009-04, 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: SEPTEMBER 22, 2009 PAGE 3 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2009-06 and Amendment to Comprehensive Sign Program No. 2006-04 — Under the authority of Diamond Bar Municipal Code Section 22.48 and Section 22.36.060, the applicant requested approval to: 1) remodel two buildings on the south end of Diamond Hills Plaza which were not part of the center's recent renovation (daycare building and adjacent multi -tenant building), and 2) demolish the existing theater building and construct a new 14,700 square foot retail building in its place. The amendment to the Comprehensive Sign Program involves: 1) subdividing the sign panels on the pylon sign to allow for the identification of additional tenants; 2) increasing the height of the monument signs along Diamond Bar Boulevard to improve visibility, and 3) providing standards for way -finding signs throughout the center. The shopping center is approximately 18 acres in size and zoned C-2 (Community Commercial) with a consistent underlying General Plan Land Use designation. PROJECT ADDRESS: PROPERTY OWNER APPLICANT: 21385 and 21335 Cold Spring Lane and 2751 Diamond Bar Boulevard Diamond Bar, CA 91765 Bob Poyner Country Hills Holding LLC 8115 Preston Road, Suite 400 Dallas, TX 75225 Ware Malcomb and Michael Martin 10 Edelman Irvine, CA 92618 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2009-06 and an Amendment to Comprehensive Sign Program No. 2006-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee asked if the demolition was part of the original package. /Laufenburger responded that demolition was approved as part of the SEPTEMBER 22, 2009 PAGE 4 PLANNING COMMISSION original package; however, due to the current economic conditions, the applicant decided to renovate the existing buildings and maintain the existing uses. VC/Nelson asked if the existing versus proposed square footage would remain the same for the multi -tenant retail and daycare center and SR/Laufenburger confirmed that the square footage would remain the same and the theater would actually be a little smaller. C/Nolan asked if there were any anchor stores or developers anticipated for the retail locations. SP/Laufenburger referred C/Nolan to the applicant. Chair/Torng asked about the landscape plan photos and SP/Laufenburger responded that landscape plans are preliminary and staff was pleased with the amount of landscaping the applicant intended to install at Cold Spring Lane to screen the daycare area. Staff required the applicant to relocate a few items and increase the plant materials when the applicant brings forth the final landscape plan. Chair/Torng recalled the original approval included a second story and felt the applicant should rebuild the demolished building before they remodel the old buildings. CDD/Gubman said he was not familiar with the conditions to be able to respond to a certain phasing sequence and would not be able to answer the question at this time. CDD/Gubman responded to Chair/Torng that there is a two-story approved building that sits along Fountain Springs. The applicant has not yet pulled permits for this building. Chair/Torng asked staff to review the conditions of the original approval to determine the phasing conditions. C/Lee said he was told that this center was owned by a different entity at the time of approval and he felt that the previous owner's agenda and current owner's agenda might be different. SP/Laufenburger stated that the project is subject to all of the original approval conditions and the original resolution is attached to staff's report. All conditions apply except for the two buildings that will not be built. CDD/Gubman explained that the three-story medical building was approved under a Conditional Use Permit in addition to the Development Review application and the Conditional Use Permit has expired so that approval is actually null and void. In terms of phasing and sequencing, staff will look at the conditions to give the Commission a better response if the Commission wishes prior to making its decision. VC/Nelson asked if there were any neon signs submitted under the proposed plan and SP/Laufenburger said she did not believe any were submitted and that they would not be permitted under the City's Code. There were no ex parte disclosures. SEPTEMBER 22, 2009 PAGE 5 PLANNING COMMISSION Chair/Torng opened the public hearing. Bob Poyner, Country Hills Holdings, responded to Commissioner's concerns that there is an individual interested in the daycare center and a couple of tenants that wish to locate in the renovated "Tae Kwando" building and a tenant interested in the new retail (old theater) building. The old theaterwas about 27,000 square feet and the new building is about 14,700 square feet. The previous approval included a two-story building in the area outside of the yellow area was to be built before he built the three-story medical office building for which the approval has expired. Country Hills Holdings intends to maintain interest in the existing buildings and to get the buildings on the daycare end up to the standard of the other buildings new H -Mart where tenants want to be located. The theater building is an existing building but it is part of the other center with some other tenants and needs to be typical retail. His company would like to get that solidified and leased up before adding another two-story building because it progressively and financially makes sense to keep that activity within the center before building a new building. Country Hills Holdings wants to build that building in the future but it does not make sense to build a new building and leave the big empty theater building at one end and the other buildings not looking like the rest of the center. Mr. Poyner responded to Chair/Torng that he agrees with staffs conditions and his firm is willing to work with the City's very helpful staff on any architectural feature and landscaping they deem feasible. C/Nolan said the complex looks very nice and is developing well. However, the "pumpkin patch" area is a rough area. She asked if the owner planned to place landscaping in the area that would not be developed. Mr. Poyner said he would be happy to work with staff on doing some landscaping in that area when his company does the construction and demo of the theater building during the "cleanup" at the corner. In fact, he said the holding company had already planned to do something with the corner for the good of the tenants in that building. CDD/Gubman said in reviewing the 2006 Conditions of Approval he found a requirement that the Super H -Mart building as well as, all in-line spaces adjoining that structure along with the building that houses Starbucks and other tenants toward Diamond Bar Boulevard be completed prior to the issuance'of a permit for the two-story building. Further, the condition states "that the market tenant shall occupy the building and shall be in operation prior to the issuance of a building permit for the new three-story building." SEPTEMBER 22, 2009 PAGE 6 PLANNING COMMISSION Chair/Torng thanked CDD/Gubman and said he was not against the commercial area — it is the City's bread and butter and the Commission appreciates the applicant's efforts to make this a viable center. Mr. Poyner reiterated that it is the owner's intention to build the two-story building when the market dictates doing so; however, it is most important to get the renovation completed and fill up those buildings and if that continues that they will be coming back to the Commission with a request to build the two-story. Nina Mohammed, Emerald Point resident, said she was concerned about this project being categorically exempt from the California Environmental Qualities Act because the air quality will affect neighboring residents. CDD/Gubman responded thatthe environmental determination forthe entire shopping center was done back with the 2006 approval and that initial project review analyzed all of the traffic, air quality, noise, construction impacts, etc., and included mitigation measures in the conditions of approval. This proposed project is within the overall scope of what was originally approved under the 2006 environmental analysis so what is being proposed now being of a slightly lesser intensity can be regarded as exempt from further environmental review. VC/Nelson said that Ms. Mohammed should feel assured that the best standards and practices will be applied to the demolition and construction. Obviously, the speaker is concerned about fugitive dust that will rise up to her home level. Most would be so incremental in view of all other air pollutants that it will not be noticeable but this is the one item that would go beyond incremental and the City has a responsibility to make certain that the applicant uses the proper watering and demolition techniques so that plumes of dust will not rise up and enter the neighborhood. If it should happen the speaker should call the City and the City will respond by coming down on the construction individuals. CDD/Gubman affirmed that staff is not shy about shutting down projects if they do not comply. Chair/Torng closed the public hearing. C/Shah said he was pleased to see that something was happening in the center and the development proposed is really a benefit to the City and the area. C/Shah moved, C/Lee seconded, to approve Development Review No. 2009-06 and Amendment to Comprehensive Sign Program No. 2006-04, 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: SEPTEMBER 22, 2009 3 R] PAGE 7 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None C/Lee said he was glad to be back and see everyone. VC/Nelson stated that when the Commission reviewed the Hollywood Video Store at the corner of Grand and Diamond Bar Boulevard the applicant asked for neon signs and the Commission said no. The other night as he was driving home on Diamond Bar Boulevard he noticed that in the 7 -Eleven shopping center there are neon signs and wondered if they were permitted or overlooked. He has no particular bias against neon signs; however, he believes in consistency and believes that if the City denies neon signs for one business it should deny neon signs for all businesses. He asked staff to look into whether neon signs were allowed at the "Thai Harmony Cafe." CDD/Gubman said he would look into the matter. He said he dealt with Hollywood Video in the past and knows that in the past cities have had problems with them wanting to use a lot of neon to outline the ridgeline of their logo. Some cities would consider that part of the sign area and found that existing examples of what Hollywood Video had done with some of their buildings to be way too garish. CDD/Gubman said staff would research the Cafe and get back to VC/Nelson in an email. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman said there is not much to report on the stadium issue except that a rather novel attempt by the developer to make the stadium project exempt from the California Environmental Quality Act was considered by the state legislature and the basis for the proposed exemption was the economy and job creation potential the project would have. The leader of the senate managed to table the matter and asked that the developer and City of Industry go back to negotiate with the City of Walnut and try to reach a settlement on that lawsuit and hopefully dispense with the matter entirely. CDD/Gubman said he understood there was overwhelming support for granting an exemption for the stadium project but at this point the directive has been for all parties involved in the lawsuit to go back and reach a settlement in good faith. The attempt was to introduce a new statute to the California Environmental Quality Act that applied only to this project. SEPTEMBER 22, 2009 PAGE 8 PLANNING COMMISSION CDD/Gubman pointed out that the next Planning Commission would be October 13 (three weeks from tonight) and there should be at least three items on that agenda including a sign program for the new two-story commercial office building at Golden Springs just east of Lemon Avenue; one Conditional Use Permit for an educational use and, possibly another Conditional Use Permit for another foot message establishment. CDD/Gubman stated that the City's Human Resources Department is currently recruiting for a permanent Senior Planner. Interviews are slated to begin mid-October with a permanent appointment by the end of 2009. CDD/Gubman said there was no new information to report on Site D. Staff is working with school district staff and public comments to determine how best to move forward. The Housing Element is stalled. Staff is discussing the finer points of the Housing Element with State Department of Housing Community Development and hopefully will be able to remove the last of the barriers staff has encountered in its attempt to getting conditional certification from HCD. The primary concern is how effective the City's programs are in the Housing Element to ensure that the City gets the affordable housing needs met through rezoning. As soon as resolution is achieved staff will bring the Housing Element to the Planning Commission with a recommendation for adoption. CDD/Gubman stated thatthere is state legislation thatwas passed in 2006 — AB1881, mandating that all jurisdictions in California adopt a water -efficient landscape ordinance by January 1, 2010. Staff is working on this ordinance to meet the deadline and avoid adopting a state -modeled ordinance that is overly general and would not achieve the goals for Diamond Bar as well as a tailored ordinance. The basis for requiring this ordinance is that the area is an and climate and water availability is a serious issue that requires stringent approvals for landscaping plans and water practices for irrigating landscaped areas. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:43 p.m. SEPTEMBER 22, 2009 PAGE 9 PLANNING COMMISSION The foregoing minutes are hereby approved this 13th day of October, 2009. Attest: Respectfully Submitted, Greg Gubman Community Development Director IGTI'Y---Torng, Chair an Agenda 4 6.3 Meeting Date: November 17, 2009 CITY COUNCIL AGENDA REPORT C�c>ftrosx`�vs� TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man g TITLE: Ratification of Check Register date October 29, 2009 through November 11, 2009 totaling $815,755.14. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $815,755.14 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 October 29, 2009 through November 11, 2009 for $815,755.14 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: �9LV6-,-, L- � ,l� Financ rector Assistant City Manager Attachments: Affidavit and Check Register -10/29/09 through 11/11/09. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated October 29, 2009 through November 11, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $460,989.45 Prop A - Transit Fund 186,836.48 Int. Waste Mgt Fund 1,932.46 CDBG Fund 441.13 LLAD 38 Fund 13,357.46 LLAD 39 Fund 14,235.17 LLAD 41 Fund 4,875.99 Capital Improvement Projects Fund 133,087.00 $815,755.14 Signed: Linda G. Mag1n n Finance Director City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/29/2009 09 -PP 22 PAYROLL TRANSFER P/R TRANSFER-09/PP 22 001 10200 156,580.53 $163,265.94 10/29/2009 87291 PAYROLL TRANSFER P/R TRANSFER-09/PP 22 112 10200 4,645.68 $8,048.95 1 0/2 912 009 PAYROLL TRANSFER PIR TRANSFER-091PP 22 115 10200 1,932.46 10/29/2009 PAYROLL TRANSFER PIR TRANSFER -09/1213 22 1125 10200 107.27 $440.00 10/29/2009 1 87290 JALBERTSONS SUPPLIES-VOLUNTEEN RECOG 0015350 1 41200 1 103.57 $103.57 10/29/2009 IROLAND AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 1 45000 244.741 1 10/29/2009 87291 JALL CITY MANAGEMENT SERVICES ICROSSING GUARD SVCS -SEPT 0014411 1 45410 1 8,048.951 $8,048.95 10/29/2009 1 87292 JALWAYS JUST FOR FUN SUPPLIES-F/FUN FESTIVAL 0015350 1 41200 1 440.001 $440.00 10/29/2009 87293 AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 205.23 $449.97 10/29/2009 IROLAND AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 1 45000 244.741 1 10/29/2009 1 87294 BARRIENTOS FACILITY REFUND -DBC 001 23002 350.00 $316.00 10/2912009 IROLAND ROLAND BARRIENTOS PROPERTY DAMAGE -DBC 001 36615 -34.00 10/29/2009 87295 ROBERT BEDI FACILITY REFUND -DBC 001 23002 100.00 $787.50 1 0/2 912 009 1 ROBERT BED[ FACILITY REFUND -DBC 001 36615 1 687.50 10/29/2009 1 87296 IBENESYST 10/30/09-P/R DEDUCTIONS 1 001 1 21105 1 691.071 $691.07 10129/2009 1 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 1 65.30 1 10/29/2009 1 87297 TYRA CABALLERO IRECREATION REFUND 1 001 1 34780 1 69.001 $69.00 10/29/2009 87298 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 288.10 $353.40 10129/2009 1 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 1 65.30 1 10/29/2009 1 87299 ICASH CHANGE-F/FUN FESTIVAL 1 001 1 34720 1 600.001 $600.00 10/29/2009 873011 LYDIA CASTILLON FACILITY REFUND -DBC 001 23002 500.00 $250.00 10/29/2009 1 LYDIA CASTILLON IFACILITYCHRGS-DBC 001 36615 1 -250.00 10/29/2009 87301 GOVERNMENT INC. COMP HARDWARE-I.T. 0014070 1 46230 1 1,538.88 $1,977.88 10/2912009 1 JCDW CDW GOVERNMENT INC. COMP HARDWARE-I.T. 1 0014070 1 46230 1 439.00 10/29/2009 1 87302 IMELISSA P CHANG IFACILITY REFUND -HERITAGE 1 001 1 23002 1 250.00 $250.00 Page 1 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 10/29/2009 87303 CHARTER OAK GYMNASTICS, INC. CONTRACT CLASS -FALL 0015350 45320 252.00 $252.00 10/29/2009 1 87304 NANCYANN CLARK ICONTRACT CLASS -FALL 1 0015350 1 45320 1 243.00 $243.00 10/29/2009 1 CAROL DENNIS PROF.SVCS-T & T MTG 0015510 44000 100.00 !noo 10/29/2009 1 87305 CONSTANCE J. LILLIE ICONTRACT CLASS -FALL 10015350 1 45320 1 324.001 $324.00 10/29/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAI NT 0015554 42200 65.97 10/29/2009 1 87306 VICTORIA CROSS REIMB-ERC BREAKFAST 0014060 1 42325 1 41.58 $41.58 10/29/2009 1 87307 DAVID A DOYLE JEMPLOYEE COMP LOAN PROG 1 001 1 13135 1 1,629.86 $1,629.86 10/29/2009 1 87308 1 DAVID A DOYLE REIMB-ICMA CONF 1 0014030 1 42330 1 250.001 $250.00 10/29/2009 1 87309 DAY & NITE COPY CENTER IPRINT SVCS -VET PROG 1 0015350 1 42110 1 411.561 $411.56 10/29/2009 87310 CAROL DENNIS PROF.SVCS-CC MTG 10/20 0014030 44000 125.00 $2,106.32 10/29/2009 1 CAROL DENNIS PROF.SVCS-T & T MTG 0015510 44000 100.00 !noo 10/29/2009 87311 DEPT OF TRANSPORTATION TRAFFIC SIGNAL MAINT-JUL 0015554 45507 921.64 $2,106.32 10/2912009 DEPT OF TRANSPORTATION 1 TRAFFIC SIGNAL MAINT-AUG 0015554 45507 1,184.68 10/29/2009 87312 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 23.98 $336.74 10/29/2009 1 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 169.85 10/29/2009 DIAMOND BAR HAND CAR WASH CAR WASH -COM SVCS 0015310 42200 76.94 10/29/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAI NT 0015554 42200 65.97 10/29/2009 1 87313 IDIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -4 CORNERS 0014090 1 42325 1 245.00 $245.00 10/29/2009 87314 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE-JUL 09 1125553 45529 42,455.87 $83,884.84 1 0/2 912 009 1 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -AUG 09 1125553 45529 41,428.97 1 10/29/2009 1 87315 DMS CONSULTANTS CIVIL ENGINEERS INC ST REHAB PROJ-ZONE 3 & 4 1 2505510 1 46411 1 17,307.50 $17,307.50 10/29/2009 87316 DOUG MARTIN CONTRACTING CO INC RETENTION PAYABLE 250 20300 -2,152.60 $19,373.40 10/29/2009 DOUG MARTIN CONTRACTING CO INC ST MAINT-AREA 5 2505510 R46411 21,526.00 10/29/2009 1 87317 1 DIANA DUNCAN SUPPLIES-F/FUN FESTIVAL I 0015350 1 41200 1 550.00 $550.00 Page 2 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/29/2009 87318 INOU EVANGELISTA FACILITY REFUND -DBC 001 23002 1 500.001 $500.00 10/29/2009 87319 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 1,094.55 $30,144.69 10/29/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 293.66 10/29/2009 87322 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 302.38 $540.00 10/29/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 231.28 10/29/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,608.00 $1,525.00 10/29/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 10/29/2009 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 10/29/2009 EXCEL LANDSCAPE JADDL MAINT-DIST 38 1 1385538 1 42210 1 860.00 10/29/2009 87320 EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON 0015340 42210 50.00 $235.00 10/29/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -HERITAGE 0015340 42210 40.00 10/29/2009 87322 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 $540.00 10/29/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 75.00 10/2912009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 40.00 $1,525.00 10/29/2009 1 87321 IFEDEX 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 40.59 $40.59 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 03-361 001 23012 675.00 10/29/2009 1 87322 JDAVID FERNANDEZ ICONTRACT CLASS -FALL 0015350 1 45320 1 540.001 $540.00 10/29/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-361 001 34650 -168.75 10/29/2009 1 87323 IGRAFFITI CONTROL SYSTEMS SUPPLIES -ROAD MAINT 0015554 1 41250 1 1,525.00 $1,525.00 10/29/2009 87324 HALL & FOREMAN, INC. ADMIN FEE -EN 08-625 001 34650 -31.33 $10,583.51 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 03-361 001 23012 675.00 10/29/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-361 001 23012 168.75 10/29/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 03-361 001 34650 -168.75 10/2912009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 23012 790.25 10/29/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 34650 -790.25 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 06-532 001 23012 59.19 10/29/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 06-532 001 23012 14.78 10/29/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 06-532 001 34650 -14.78 10/29/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-625 001 23012 31.33 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 425.00 10/29/2009 IHALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 001551 1 R45227 1 45.93 Page 3 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 1 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/29/2009 87324... HALL & FOREMAN, INC. PRORSVCS-INSPECTIONS 0015510 R45227 183.70 $10,583.51 ... 10/29/2009 87326 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 94.12 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 330.32 10/29/2009 87327 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 151.36 $43.00 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 110.34 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 08-625 001 23012 125.32 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 08-608 001 23012 7,902.45 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 334.00 10/29/2009 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 1 45227 1 146.78 10/29/2009 1 87325 IHIGHLAND PRODUCTS GROUP LLC ICHARCOAL GRILLS -PARKS 1 0015340 1 42210 1 728.391 $728.39 10/29/2009 1:�MC IMEMBERSHIP DUES-CRIBBINS 0014030 1 42315 165.00 10/29/2009 1 87326 IKEVIN HOUSE IT & T COMM -OCT 09 10015510 1 44100 1 45.001$45.00 10/29/2009 1 87327 VICKY HSU IRECREATION REFUND 1 001 1 34780 1 43.001 $43.00 10/29/200987328 87329 VALLEY HUMANE SOCIETY MEMBERSHIP DUES-DOYLE 0014030 42315 75.0010/29/2009MC $10,000.00 10/29/2009 1:�MC IMEMBERSHIP DUES-CRIBBINS 0014030 1 42315 165.00 10/29/2009 87329 VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS-NOV0014431 0015554 45403 8,750.00 $10,000.00 10/29/2009 JINLAND INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-NOV 0014431 1 45403 1 1,250.00 10/29/2009 1 87330 JINTL COUNCIL OF SHOPPING CENTERS IMEMBERSHIP DUES-DESTEFANO 0014096 1 42315 1 100.001 $100.00 i 10/29/2009 87331 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 123.73 $144.56 10/29/2009 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 14.26 10/29/2009 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 6.57 10/29/2009 1 87332 JKATHRYN KEYS ICONTRACT CLASS -FALL 1 0015350 1 45320 1 180.001 $180.00 10!29/2009 87333 FARAH KHAN FACILITY REFUND -DBC 001 36615 2,500.00 $3,116.15 10/29/2009 FARAH KHAN FACILITY REFUND -DBC 001 23002 500.00 10/29/2009 FARAH KHAN FACILITY REFUND -DBC 001 23004 116.15 10/29/2009 1 87334 1GABRIELAKLEIN ICONTRACT CLASS -FALL 1 0015350 1 45320 1 1,368.001 $1,368.00 Page 4 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/29/2009 87335 ANDRY KUSNOWO RECREATION REFUND 001 134780 1 43.001 $43.00 10/29/2009 1 87336 ICHRISTINE KUSNOWO IRECREATION REFUND 1 001 1 34780 1 43.001 $43.00 10/29/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-646 001 23012 115.65 10/29/2009 1 87337 ICITY OF LA VERNE jPRKG CITE HRGS-OCT 09 1 0014411 1 45405 1 130.001 $130.00 10/29/2009 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 09-646 001 23012 960.00 10/29/2009 87338 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINTSEPT 09 0015558 45503 1,982.76 $1,982.76 10/29/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-646 001 34650 -172.80 10/29/2009 1 87339 ILAWYERS TITLE COMPANY ITITLE REPORT -INDUSTRY 0014090 1 44000 1 750.001 $750.00 10/29/2009 87340 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 09-646 001 23012 642.50 $3,007.47 10/29/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-646 001 23012 115.65 10/29/2009 87342 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-646 001 34650 -115.65 $45.00 10/29/2009 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 09-646 001 23012 960.00 10/29/2009 87343 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-646 001 23012 172.80 $216.00 10/29/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-646 001 34650 -172.80 10/29/2009 87344 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-459 001 23012 1,080.97 $45.00 10/29/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 23012 194.57 10/29/2009 87345 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 34650 -194.57 $3,192.91 10/29/2009 ILEIGHTON & ASSOCIATES, INC. PROF.SVCS-PLAN CHECK 2505310 1 R46415 1 324.00 10/29/2009 1 87341 ILEWIS ENGRAVING INC. JENGRAVING SVCS -CITY TILE 1 0014090 1 42113 1 19.761 $19.76 10/29/2009F LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -SEPT 09 1125553 45402 1 136.97 10/29/2009 1 87342 ILIANA PINCHER IT & T COMM -OCT 09 1 0015510 1 44100 1 45.001 $45.00 10/29/2009 87343 ISHERI LIEBE ICONTRACT CLASS -FALL 1 0015350 1 45320 1 216.001 $216.00 10/29/2009 1 87344 IJIMMY LIN IT & T COMM -OCT 09 0015510 1 44100 1 45.001 $45.00 10/29/2009 1 87345 ILOS ANGELES COUNTY PUBLIC WORKS JINDUSTRIAL WASTE -JUN 09 0015510 1 45530 1 3,192.911 $3,192.91 10/29/2009 87346 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -SEPT 09 0014411 1 45402 7,233.43 $7,370.40 10/29/2009F LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -SEPT 09 1125553 45402 1 136.97 10/29/2009 87347 MCE CORPORATION VEGETATION CONTROL -SEPT 0015558 1 45508 7,924.03 $17,725.42 10/29/2009 MCE CORPORATION STORM DRAIN MAINT-SEPT 0015554 1 45512 297.30 Page 5 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/29/2009 10/29/2009 87347... MCE CORPORATION MCE CORPORATION STORM DRAIN MAINT-SEPT RIGHT-OF-WAY MAINT-SEPT 0015554 0015554 45512 45522 5,909.88 1 3,594.21 $17,725.42 ... 10/29/2009 87348 METROLINK METROLINK PASSES -JUN 09 1125553 45535 75,985.02 $88,612.50 10129/2009 METROLINK CITY SUBSIDY -JUN 09 1125553 45533 17,225.98 10129/2009 METROLINK PASSES RETURNED -JUN 1125553 45535 -4,598.50 $45.00 10/29/2009 1 87349 IMOBILE RELAY ASSOCIATES INC I REPEATER SVCS-NOV 09 0014440 1 42130 1 78.751 $78.75 10/29/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,952.11 10/29/2009 1 87350 IKENNETH MOK IT & T COMM -OCT 09 0015510 1 44100 1 45.001 $45.00 1 012 9/2 009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JUL 0015554 45507 4,217.28 10/29/2009 1 87351 IJACQUELINE NG ICONTRACT CLASS -FALL 0015350 1 45320 1 288.001 $288.00 10129/2009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT AUG 0015554 45507 4,170.33 F-10129/20097 87352 INORRIS REPKE INC CONSTRUCTION-C/HILLS PKWY 1 2505510 1 46411 1 1,900.00 $1,900.00 10/29/2009 87353 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,928.12 $24,926.73 10/29/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,952.11 10/29/2009 87357 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $69.00 10/29/2009 87354 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-GRND 0015554 45507 1,174.62 $23,407.00 10/29/2009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-DBB 0015554 45507 1,530.00 10/29/2009 87357 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JUL 0015554 45507 4,035.00 $69.00 1 012 9/2 009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JUL 0015554 45507 4,217.28 1 012 912 009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-SIGN 0015554 45507 1,665.00 10129/2009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT AUG 0015554 45507 4,170.33 10/29/2009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-AUG 0015554 45507 4,035.00 10/29/2009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-SEPT 0015554 45507 2,579.77 10/29/2009 87355 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 157.69 $529.62 1 012 9/2 009 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 41.33 10/29/2009 87357 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 330.60 $69.00 10/29/2009 1 87356 IJOSEPH SHEA IRECREATION REFUND 001 1 34780 1 43.001 $43.00 10/29/2009 1 87357 ISHARON SHIN IRECREATION REFUND 001 1 34780 1 69.001 $69.00 Page 6 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/29/2009 87358 SO CAL SANITATION EQ RENTAL-SYC CYN PK OCT 2505310 46415 626.57 $626.57 10/29/2009 1 87359 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL NOV 0014090 1 42140 1 22,416.45 $22,416.45 10/29/2009 ISPARKLETTS SPARKLETTS 1EQ RENTAL -CITY HALL OCT 0014090 1 42130 10.75 10/29/2009 1 87360 ISOUTHERN CALIFORNIA EDISON JELECT SVCS -TRAFFIC CONTRL 0015510 1 42126 1 584.401 $584.40 10/29/2009 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 349.00 10/29/2009 87361 ISOUTHWEST SALES INC T -SHIRTS -DB 4 YOUTH 0015350 1 41200 1 493.881 $493.88 10/29/2009 87362 STATE BOARD OF EQUALIZATION WATER SUPPLIES-C/HALL 0014090 41200 190.81 $201.56 10/29/2009 ISPARKLETTS SPARKLETTS 1EQ RENTAL -CITY HALL OCT 0014090 1 42130 10.75 10/29/2009 87363 STATE BOARD OF EQUALIZATION JUL-SEPT 09 -SALES TAX DUE 001 36650 197.24 $265.00 10/29 ISTATE BOARD OF EQUALIZATION JUL-SEPT 09 -USE TAX DUE 001 1 20710 67.76 10/29/2009 1 87364 IWANDA TANAKA FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 10/29/2009 THE COMDYN GROUP INC CONSULTING SVCS -GIS 10/2 0014070 44000 1 1 81.25 10/29/2009 1 87365 IRIC TEIXEIRA FACILITY REFUND -DBC 001 1 23002 1 500.00 $500.00 10/29/2009 87366 THE COMDYN GROUP INC CONSULTING SVCS -GIS 10/9 0014070 44000 1,478.40 $1,559.65 10/29/2009 THE COMDYN GROUP INC CONSULTING SVCS -GIS 10/2 0014070 44000 1 1 81.25 10/29/2009 1 87367 ICHRISTINE TRAN IRECREATION REFUND 1 001 1 34780 1 125.001 $125.00 10/29/2009 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11 10/29/2009 1 87368 JTRIFYTTSPORTS ICONTRACT CLASS -FALL 1 0015350 1 45320 1 1,584.001$1,584.00 10/29/2009 87369 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.47 $31,596.18 10/29/2009 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11 10/29/2009 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER SCH 0015340 42210 192.28 10/29/2009 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON PK 0015340 42210 349.00 10/29/2009 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA PK 0015340 42210 555.32 10/29/2009 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER SCH 0015340 42210 1 250.00 10/29/2009 87370 IVANTAGEPOINT TRNSFR AGNTS-303248 110/30/09-P/R DEDUCTIONS 1 001 1 21108 1 5,490.111 $5,490.11 10/29/2009 87371 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 88.02 $162.57 10/29/2009 IVERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 1 42125 74.55 Page 7 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 1 Amount I Total Check Amount 10/29/2009 87372 VISION INTERNET PROVIDERS INC MONTHLY HOSTING -WEBSITE 0014070 1 44030 1 150.DOI $150.00 10/29/2009 1 87373 IVISION SERVICE PLAN INOV 09 -VISION PREMIUMS 1 001 1 21107 1 1,272.041 $1,272.04 10/29/2009 WARREN SIECKE TRFFC INTERCONNECT -SEPT 0015510 45221 833.00 10/29/2009 1 87374 IWALNUT VALLEY WATER DISTRICT IWATER SVCS -PARKS 1 0015340 1 42126 1 2,778.351$2,778.35 $43.00 10/29/2009 87375 WARREN SIECKE TRFFC ENG SVCS -SEPT 09 0015510 45221 247.50 $1,080.50 10/29/2009 WARREN SIECKE TRFFC INTERCONNECT -SEPT 0015510 45221 833.00 10/29/2009 1 87376 WEST COAST ARBORISTS INC TREE MAINT-AUG 09 0015558 45509 6,068.60 $6,738.60 1012912009 WEST COAST ARBORISTS INC TREE WATERING -AUG 09 1 0015558 45510 1 1 670.00 10/29/2009 87377 WILLDAN GEOTECHNICAL PROF.SVCS-EN 09-635 001 23012 400.00 $400.00 10/2912009 WILLDAN GEOTECHNICAL ADMIN FEE -EN 09-635 001 23012 72.00 10/2912009 WILLDAN GEOTECHNICAL ADMIN FEE -EN 09-635 001 34650 -72.00 $43.00 10/29/2009 87378 ITHERESAWINECKI ICONTRACT CLASS -FALL 1 0015350 1 45320 1 444.001 $444.00 11/5/2009 JARROWHEAD WATER SUPPLIES -DBC 0015333 41200 1 35.95 1 10/29/2009 87379 JEDNA YAMBAO IRECREATION REFUND 1 001 1 34780 1 43.001 $43.00 10/29/2009 87380 IJIN ZHANG IRECREATION REFUND 1 001 1 34780 1 43.001 $43.00 11/5/2009 87381 JAAA FLAG AND BANNER SUPPLIES -DBC 1 0015333 1 41200 1 589.251 $589.25 11/5/2009 1 87382 JALLIANT INSURANCE SERVICES INC JSPCL EVENT INS-F/FESTIVAL 1 0015350 1 45300 1 454.501 $454.50 11/5/2009 87383 ICHRISTINE ANN ANGELI CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 90.001 $90.00 11/5/2009 87384 APRIL I BATSON REIMB-SUPPLIES 0015350 1 41200 1 24.06 $24.06 11/5/2009 87385 ARROWHEAD EQ RENTAL -DBC 0015333 42130 12.06 $48.01 11/5/2009 JARROWHEAD WATER SUPPLIES -DBC 0015333 41200 1 35.95 1 11/5/2009 87386AT & T PH.SVCS-GENERAL 0014090 42125 29.62 $54.91 11/5/2009 AT & T PH.SVCS-GENERAL 0014090 42125 25.29 11/5/2009 87387 JAT&T MOBILITY ICELL CHRGS-POOL VEH 0014090 1 42125 1 11.201 $33.60 Page 8 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 11/5/2009 11/5/2009 87387... AT&T MOBILITY AT&T MOBILITY CELL CHRGS-POOL VEH CELL CHRGS-POOL VEH 0014090 0014090 1 42125 42125 1 11.20 11.20 $33.60 ... 11/5/2009 1 87388 IBEE REMOVERS IBEE REMOVAL -302 COTTONWD 1385538 1 42210 1 125.001 $125.00 11/5/2009 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 1 78.36 1 11/5/2009 1 87389 BEVERLY'S SPECIAL OCCASIONS BRKFST-VETERAN EVENT 1 0015350 1 45300 1 2,368.511 $2,368.51 11/5/2009 1 87390 1JEFFREYBINNER ICONTRACT CLASS -FALL 1 0015350 1 45320 1 1,596.001$1,596.00 $200.00 11/5/2009 1 87391 IBMI GENERAL LICENSING INC EQ -CONCERTS IN THE PARK 1 0015350 1 45305 1 608.001 $608.00 11/5/2009 1 87392 IBURGER CONTINENTAL FOOD -SR HALLOWEEN DANCE 1 0015350 1 45300 1 1,166091 $1,166.09 11/5/2009 87393 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -PARKS 0015340 42210 171.21 $249.57 11/5/2009 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 1 78.36 1 11/5/2009 1 87394 ICANDLELIGHT PAVILION DINNER THEATER VLNTR PATROL RECOGN 1 0014415 1 42325 1 3,050.001$3,050.00 $1,855.00 11/512009 DFS FLOORING CORP MAINT-PANTERA 0015340 42210 385.00 11/5/2009 1 87395 IFLORISCARRILLO IFACILITY REFUND -HERITAGE 1001 1 23002 1 200.001 $200.00 11/5/2009 1 87396 ICASH CHNG-DB4 YOUTH DANCE 1 0015350 1 41200 1 200.001 $200.00 11/5/2009 1 87397 ICENTER ICE SKATING ARENA ICONTRACT CLASS -FALL 1 0015350 1 45320 1 330.001 $330.00 11/5/2009 1 87398 JAMY CHANG IRECREATION REFUND 1001 134780 1 60.001 $60.00 11/5J2009 1 87399 JCPRS DISTRICT 11 CPRS MTG-CS STAFF 1 0015350 1 42330 1 220.001 $220.00 11/5/2009 1 87400 JERIK DEJESUS FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 11/5/2009 1 87401 IDELTA CARE USA INOV 09 -DENTAL PREMIUMS 1 001 1 21104 1 375.81 $375.81 11/5/2009 1 87402 IDELTA DENTAL INOV 09 -DENTAL PREMIUMS 1 001 1 21104 1 3,135.151 $3,135.15 11/5/2009 87403 DFS FLOORING CORP MAIN DBC 0015333 42210 1,085.00 $1,855.00 11/512009 DFS FLOORING CORP MAINT-PANTERA 0015340 42210 385.00 11/5/2009 DFS FLOORING CORP MAINT-HERITAGE 0015340 42210 385.00 Page 9 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 11/5/2009 87411 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 42210 135.00 $624.00 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/5/2009 11/512009 1 87404 JDH MAINTENANCE JADDL MAINT-DBC 0015333 1 45300 1 209.001 $209.00 EVERGREEN INTERIORS PLANT SVCS -DBC 0015333 45300 177.00 11/5/2009 1 11/5/2009 1 87405 JOSCAR DIAZ RECREATION REFUND 001 1 34740 1 40.001 $40.00 11/5/2009 1 11/5/2009 1 87406 IMELDA DIG FACILITY REFUND -DBC 001 36615 1 400.001 $400.00 11/5/2009 1 1115/2009 1 87407 AMANDA DUFF FACILITY REFUND -DBC 001 1 23002 1 500.001 $500.00 11/5/2009 1 11/5/2009 1 87408 IMARIZEN DULUNAN IFACILITY REFUND -DBC 001 1 23002 1 350.001 $350.00 11/5/2009 1 11/5/2009 1 87409 IFIRED DURAN ENTERTAINMENT-SCH DANCE 0015350 45300 250.001 $250.00 11/5/2009 1 87410 HODA ELACHKAR IRECREATION REFUND 001 1 34780 1 65.001 $65.00 11/5/2009 87411 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 42210 135.00 $624.00 11/5/2009 EVERGREEN INTERIORS PLANT SVCS -DBC 0015333 45300 177.00 11/5/2009 87414 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 42210 135.00 $368.60 11/5/2009 EVERGREEN INTERIORS PLANT SVCS -DBC 0015333 45300 177.00 11/5/2009 87412 IMARILOU FERMIN ADDL MAINT-DIST 38 SEPT 1385538 42210 286.84 $1,147.60 11/5 1EXCELLANDSCAPE EXCEL LANDSCAPE 1ADDL MAINT-DIST 39 SEPT 1395539 1 42210 860.76 11/5/2009 1 87413 IMARILOU FERMIN FACILITY REFUND-PANTERA 1 001 1 23002 1 50.001 $50.00 11/5/2009 1 87414 IFUN EXPRESS SUPPLIES-F/FALL FESTIVAL 1 0015350 1 41200 1 36&601 $368.60 11/5/2009 1 87415 DAVID HAN IFACILITY REFUND-REAGAN 001 1 23002 1 50.001 $50.00 11/5/2009 1 87416 JANN MARIE HYDE IFACILITY REFUND-PANTERA 001 1 23002 1 100.001 $100.00 11/5/2009 1 87417 JIMPACT SIGNS SUPPLIES -DBC 0015333 1 41200 1 2,097.601 $2,097.60 11/5/2009 1 87418 JINLAND EMPIRE STAGES TRANS-F/SPRINGS CASINO 1125350 1 45310 1 1,234.501 $1,234.50 11/5/2009 1 87419 MOHAMAD R JAHANVASH ICONTRACT CLASS -FALL 0015350 1 45320 1 180.00l $180.00 Page 10 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 j Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount $350.00 11/5/2009 11/5/2009 87420 PEY JEN HO FACILITY REFUND -DBC 001 23002 1 200.00 $200.00 1 1 11/5/2009 1 87421 KEITH JOHNSON ENTERTAINMENT -SR DANCE 1 0015350 1 45300 1 -mo.001 $350.00 11/5/2009 1 IFATIMA FATIMA KHAN FACILITY REFUND -DBC 001 1 23002 500.00 1 1 11/5/2009 1 87422 IKEITH JOHNSON ENTERTAINMENT -SR DANCE 1 0015350 1 45300 1 350.001 $350.00 11 t512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 34430 -68.40 11/5/2009 1 87423 IJUST TIRES IVEH MAINT-COMM SVCS 10015310 1 42310 1 620,241 $620.24 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -376.20 11/5/2009 1 87424 ICHRIS KEEL REFUND -PARKING CITATION 1 001 1 32230 1 83.001 $83.00 11/5/2009 87425 KHAN FACILITY REFUND -DBC 001 23002 500.00 $1,000.00 11/5/2009 1 IFATIMA FATIMA KHAN FACILITY REFUND -DBC 001 1 23002 500.00 1 1 11/5/2009 1 87426 IRUTH KIM FACILITY REFUND -DBC 1 001 1 36615 1 400.001 $400.00 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-365 001 34430 -119.70 11/5/2009 1 87427 ILA PUENTE PAINT & BODY IVEH MAINT-NGHBRHD IMP 1 0015230 1 42310 1 75.001 $75.00 11/5/2009 87429 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-361 001 23010 453.15 $11,495.00 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-365 001 34430 -119.70 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-365 001 23010 119.70 11 t512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 34430 -68.40 11/512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 23010 68.40 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -376.20 1115/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 376.20 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-354 001 34430 -17.10 11/512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-354 001 23010 17.10 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 34430 -17.10 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 23010 17.10 11/512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-166 001 34430 -34.20 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-166 001 23010 34.20 11/512009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 34430 -42.75 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-341 001 23010 42.75 11/5/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-361 001 34430 -453.15 11/5/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-361 001 23010 2,517.50 11/512009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-341 001 23010 237.50 Page 11 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/5/2009 87429... LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-166 001 23010 190.00 $11,495.00 ... 11/5/2009 87431 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-354 001 23010 95.00 $1,340.00 11/512009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-345 001 23010 380.00 $2,669.50 111512009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 2,090.00 $100.00 11/5/2009 87441 LILLEY PLANNING GROUP INC PROF.SVCS-SR PLANNER 0015210 44250 5,225.00 $54.08 11/5/2009 87433 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-365 001 23010 665.00 $500.00 1115/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-274 001 23010 95.00 11/5/2009 1 87430 ILOS ANGELES COUNTY SHERIFF'S DEPT. 1HELICOPTER SVCS-MAY/JUN 1 0014411 1 45401 1 1,029.01$1,029.00 $3,035.82 11/5/2009 �ALINAS�IR� MITY LITE INC USE TAX PAYABLE 001 20710 -125.18 11/5/2009 87431 MATLOCK ASSOCIATES INC ADA RETROFIT-SYC CYN PK 2505310 R46415 1 1,340.00 $1,340.00 11/5/2009 87440 MITY LITE INC USE TAX PAYABLE 001 .20710 -170.81 $2,669.50 11/5/2009 87432 JACHALA METHA IFACILITY REFUND -DBC 001 1 23002 1 100.001 $100.00 11/5/2009 87441 PROTECTION ONE INC JALARM SVCS -DBC OCT 0015333 1 42210 1 54.081 $54.08 11/512009 87433 JOANN VANDER MEULEN FACILITY REFUND -DBC 001 1 23002 1 500.00 $500.00 11/5/2009 1 87434 IMIKE MILLER IRECREATION REFUND 001 1 34780 1 65.00 $65.00 11/5/2009 87435 MITY LITE INC BANQUET TABLES -DBC 0015333 46250 1,409.09 $3,035.82 11/5/2009 �ALINAS�IR� MITY LITE INC USE TAX PAYABLE 001 20710 -125.18 11/5/2009 87439 MITY LITE INC TABLES -DBC 0015333 46250 1,922.72 $79.00 11/5/2009 87440 MITY LITE INC USE TAX PAYABLE 001 .20710 -170.81 $2,669.50 11/5/2009 87436 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 1 0015333 1 41200 1 8.001 $8.00 11/5/2009 87437 PAETEC COMMUNICATIONS INC. FACILITY REFUND -DBC 001 23002 520.00 $620.00 11/5/2009 �ALINAS�IR� FACILITY REFUND -DBC 001 23002 100.00 11/5/2009 87438 PAETEC COMMUNICATIONS INC. ILONG DIST SVCS -OCT 09 1 0014090 1 42125 1 898.24 $898.24 11/5/2009 87439 ICHINH PHAM RECREATION REFUND 1 001 1 34760 1 79.001 $79.00 11/5/2009 87440 POMONA JUDICIAL DISTRICT PRKNG CITATION FEES -SEPT 001 32230 2,669.50 $2,669.50 11/5/2009 87441 PROTECTION ONE INC JALARM SVCS -DBC OCT 0015333 1 42210 1 54.081 $54.08 Page 12 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 11/5/2009 87442 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT-NOV 09 0014096 1 45000 1,000.00 $1,000.00 11/5/2009 87443 REGIONAL TAP SERVICE CENTER FOOTHILL TAP -SEPT 09 1125553 45535 6,731.71 $8,101.44 11/5/2009 1 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -SEPT 09 1125553 45533 1,620.29 11/5/2009 87447 REGIONAL TAP SERVICE CENTER FOOTHILL COMM -SEPT 09 1125553 45535 -250.56 $180.00 11/5/2009 1 87444 IREINBERGER PRINTWERKS PRINTING SUPPLIES -LABELS 1 0014090 1 42110 1 175.60 $175.60 11/5/2009 87445 RJ NOBLE COMPANY RETENTION PAYABLE 250 20300 -7,862.17 $70,759.53 11/5/2009 1 RJ NOBLE COMPANY REHAB PROJ-LYCOMING ST 2505510 R46411 1 78,621.70 1 11/5/2009 1 87446 ISAN GABRIEL VALLEY CITY MGR ASSC MTG-CMGR 0014030 1 42325 1 30.001 $30.00 11/5/2009 1 SILVER STATE COACH INC TRANS -EXCURSION 1125350 1 45310 220.55 11/5/2009 1 87447 ISCHOOL SPECIALTY INC SUPPLIES -COMM SVCS 0015350 1 41200 1 180.001 $180.00 11/5/2009 1 87448 SILVER STATE COACH INC EXCURSION -STATELINE 0015350 1 45310 854.45 $1,075.00 11/5/2009 1 SILVER STATE COACH INC TRANS -EXCURSION 1125350 1 45310 220.55 11/5/2009 87449 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 260.36 $462.15 11/5/2009 ISMART & FINAL SUPPLIES -13134 YOUTH 0015350 41200 1 201.79 1 11/5/2009 1 87450 ISOUTHERN CALIFORNIA CONTRACTORS INC CONSTRUCTION-SYC CYN 2505310 1 46415 1 21,456.001 $21,456.00 11/5/2009 87451 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,768.55 $5,819.88 11/5/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 453.73 11/5/2009 87453 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 366.53 $40.00 11/5/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 207.18 11/5/2009 87454 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 23.89 $225.00 11/5/2009 1 87452 ITANDEM PRIVATE SECURITY ISECURITY SVCS-M/SCH DANCE 1 0015350 1 45300 1 144.001 $144.00 11/5/2009 1 87453 IJEFF THAI IRECREATION REFUND 1001 1 34740 1 40.001 $40.00 11/5/2009 1 87454 ITHE MUSIC STORE ICONTRACT CLASS -FALL 1 0015350 1 45320 1 225.001 $225.00 11/5/2009 1 87455 ITIME WARNER IMODEM SVCS -COUNCIL 1 0014010 1 42130 1 46.951 $46.95 Page 13 City of Diamond Bar - Check Register 10/29/09 thru 11/11/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/5/2009 87456 TIME WARNER MODEM SVCS -HERITAGE PK 0015340 42126 1 116.01 $116.01 11/5/2009 1 87457 1 ROBERT VELAZQUEZ IRECREATION REFUND 1 001 1 34780 1 65.001 $65.00 11/5/2009 87458 VERIZON CALIFORNIA PH.SVCS-PETERSON 0015340 42125 93.12 $645.96 11/5/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.06 11/5/2009 87461 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 258.25 $1,760.87 11/5/2009 VERIZON CALIFORNIA PH.SVCS-REAGAN 0015340 42125 88.02 11/5/2009 87462 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 88.02 $55.00 11/5/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 1 42125 1 88.491 1 11/5/2009 87459 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 94.37 $272.80 11/5/2009 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 43.26 11/5/2009 87461 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014090 42125 0.14 $1,760.87 11/5/2009 VERIZON WIRELESS -LA CELL CHRGS-DESFROGES 0014070 42125 45.01 11/5/2009 87462 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014090 42125 45.01 $55.00 11/5/2009 VERIZON WIRELESS -LA CELL CHRGS-LASD MODEM 0014411 1 42125 1 45.01 11/5/2009 1 87460 IWALNUT VALLEY UNIFIED SCHOOL DIST IFACILITY RENTAL -OCT 09 0015350 1 42140 1 419.001 $419.00 11/5/2009 1 87461 IWAXIE SANITARY SUPPLY SUPPLIES -DBC 1 0015333 1 41200 1 1,760.87 $1,760.87 11/5/2009 1 87462 IJEAN WITZMAN IRECREATION REFUND 001 134780 1 55.001 $55.00 11/5/2009 1 87463 IWORLDWIDE BINGO SUPPLIER SUPPLIES -SR BINGO 1255215 41200 1 333.86 $333.86 11/5/2009 1 87464 JCINDYYEE JFACIUTY REFUND-SYC CYN 001 1 23002 1 50.001 $50.00 11/5/2009 1 87465 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 1112 1 001 1 23005 1 6,375.001 $6,375.00 11/5/2009 1 87466 IMANAGED HEALTH NETWORK NOV 09 -EAP PREMIUMS 001 1 21115 1 157.30 $157.30 10/29/2009 1 W/T 0108 JUNION BANK OF CALIFORNIA, NA ILEASE PYMNT-DBC NOV 09 1 0014090 1 42140 1 28,974.001 $28,974.00 $815,755.14 Page 14 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Preliminary Treasurer's Statement — September 2009 RECOMMENDATION: Approve the September 2009 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date 6.4 Nov. 17, 2009 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 08-09 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized a revised September treasurer's statement will be presented to the City Council for approval. PREPARED BY: Linda G. Magnuson, Finance Director A l n V� k � , ' Departtn6ht Head W� - Assis ant Cifyvklanager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT September 30, 2009 The above summary provides sufficient cash flow liquidity to meet the next six month's esti ed ex n res. James DeStefano, T easurer (preliminary) BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $32,226,057.15 557,036.93 $1,774,034.69 $31,009,059.39 LIBRARY SERVICES FUND 0.00 0.00 COMMUNITY ORG SUPPORT FD (1,050.00) 500.00 (1,550.00) GAS TAX FUND (52,791.17) (52,791.17) TRANSIT TX (PROP A) FD 512,432.57 132,965.18 144,097.65 501,300.10 TRANSIT TX (PROP C) FD 1,790,679.34 55,799.59 1,480.00 1,844,998.93 ISTEA Fund 473,160.99 0.00 473,160.99 INTEGRATED WASTE MGT FD 395,060.72 1,374.51 14,245.55 382,189.68 TRAFFIC IMPROVEMENT FUND 404,774.65 7,324.22 397,450.43 AB2928-TR CONGESTION RELIEF FD 478,380.96 478,380.96 AIR QUALITY IMPRVMNT FD 145,617.67 18,870.13 7,000.00 157,487.80 TRAILS & BIKEWAYS FD 0.00 0.00 Prop 1 B Bond Fund 732,996.50 732,996.50 PARK FEES FD 420,554.05 420,554.05 PROP A - SAFE PARKS ACT FUND 21,534.31 21,534.31 PARK & FACILITIES DEVEL. FD 615,679.11 5,200.00 610,479.11 COM DEV BLOCK GRANT FD (4,556.85) 7,385.81 (11,942.66) CITIZENS OPT -PUBLIC SAFETY FD 119,314.99 119,314.991 NARCOTICS ASSET SEIZURE FD 365,521.46 365,521.4 CA LAW ENFORCEMENT EQUIP PRGI 56,646.83 56,646.83 LANDSCAPE DIST #38 FD 12,676.53 24,257.07 (11,580.54) LANDSCAPE DIST #39 FD (31,008.64) 17,553.58 (48,562.22] LANDSCAPE DIST #41 FD 78,933.21 9,032.44 69,900.7,7, GRAND AV CONST FUND 0.00 0.0,0 CAP IMPROVEMENT PRJ FD (410,618.69) 305,582.63 (716,201.30 SELF INSURANCE FUND 990,103.62 990,103.6?, EQUIPMENT REPLACEMENT FUND 247,002.13 247,002.15' COMPUTER REPLACEMENT FUND 457,821.82 457,821.82 PUBLIC FINANCING AUTHORITY FUNI 77,338.16 25,122.70 2,788.57 99,672.29 TOTALS $40,122,261.42 $791,169.04 $2,320,482.21 $0.00 $38,592,948.25 1 SUMMARY OF CASH: S DEMAND DEPOSITS: GENERAL ACCOUNT ($197,735.34) !� PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 C PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($154,880.88) r; INVESTMENTS: US TREASURY Money Market Acct. $495,000.68 LOCAL AGENCY INVESTMENT FD 32,153,156.16 FED HOME LOAN BANK NOTES 6,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 99,672.29 TOTAL INVESTMENTS $38,747,829.13 r3 TOTAL CASH $38,592,948.25• Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The a account's funds. are available for withdrawal within 24 hours, In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's esti ed ex n res. James DeStefano, T easurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of September 2009 Institution Investment Type Rating Purchase Date Maturity Date Term Amount At Cost Current Par / Original Par Fair Market Value * Rate State of California Local Agency Inv Fund AAA 32,153,156.16 32,203,334.73 0.750% Wells Fargo Bank US Treasury Money Market AAA 1.53% 747 2 $495,000.68 495,000.68 0.010% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 99,672.29 99,672.29 0.070% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 03/23/09 09/23/11 2.5 Yrs 1,000,000 1,000,000 1,004,830.00 2.125% Wells Fargo Inst Securities FNMA - Fannie Mae Note AAA 03/23/09 12/23/11 2.75 Yrs 1,000,000 1,000,000 1,008,130.00 2.400% Wells Fargo Inst Securities FHLB - Federal Home Loan AAA 02/17/09 02/17/12 3.00 Yrs 1,000,000 1,000,000 1,003,440.00 2.250% Wells Fargo Inst Securities FHLB - Federal Home Loan AAA 06/18/09 06/18/12 3.0 Yrs 1,000,000 1,000,000 1,000,630.00 2.050% Wells Fargo Inst Securities FHLB - Federal Home Loan AAA 06/22/09 06/22/12 3.0 Yrs 1,000,000 1,000,000 997,500.00 2.000% Wells Fargo Inst Securities FHLB - Federal Home Loan AAA 06/22/09 06/22/12 3.0 Yrs 1,000,000 1,000,000 1,002,500.00 2.500% Totals for month $ 38,747,829.13 $ 38,815,037.70 Less Investments matured during the month 0.00 Total Investments: $ 38,747,829.13 2008-09 Actual Interest Income $924,028.59 2009-10 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Allocation of Book Value of Investment by Type (By Percent) * Source of Fair Market Value: Wells Fargo Institutional Securities, LLC $671,200.00 $13,448.79 2.004% TYPE OF INVESTMENTS: Local Agency Investment Fund (LAIR LAIF is an investment pool for local agencies which is managed b) Treasurer and regulated by the State law. The City Investment Poll limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government sec certificates of deposit and highly rated commercial paper. The City Policy places no limit on this type of investment. Federal Agency Security Federal Agency Securities are issued by direct U.S Government a. quasi -government agencies. Many of these issues are guaranteed indirectly by the United States Government. The City Investment P a 40% limit on this type of investment. LAIF Fund 82.98% Federal Agency_ Securities - - 15.48% - > '- U.S Treasury Money Market 1.53% 747 2 * Source of Fair Market Value: Wells Fargo Institutional Securities, LLC $671,200.00 $13,448.79 2.004% TYPE OF INVESTMENTS: Local Agency Investment Fund (LAIR LAIF is an investment pool for local agencies which is managed b) Treasurer and regulated by the State law. The City Investment Poll limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government sec certificates of deposit and highly rated commercial paper. The City Policy places no limit on this type of investment. Federal Agency Security Federal Agency Securities are issued by direct U.S Government a. quasi -government agencies. Many of these issues are guaranteed indirectly by the United States Government. The City Investment P a 40% limit on this type of investment. CITY COUNCIL Agenda # 6.5 Meeting Date: November 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: NOTICE OF COMPLETION FOR UNSET CROSSING AND PROSPECTORS ROAD TRAFFIC CALMING PROJECT RECOMMENDATION: Approve and file a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUND: The City Council awarded a construction contract to All American Asphalt, Inc. on February 3, 2009, in an amount not to exceed $344,000.00 with a contingency amount of $30,000.00, for a total authorization amount of $374,000.00. The City authorized the Notice to Proceed for the Project on March 16, 2009. DISCUSSION: All American Asphalt, Inc. has completed all work required as part of this project in accordance with the plans and specifications approved by the City. Although the construction was substantially complete in July 2009, the project duration included a 60 day landscape maintenance and plant establishment period which was completed in Mid - September 2009. The final construction cost of the project is $406,130.63, and the project is ready to be accepted by the City. The final construction cost was higher than the original contract cost due to the need for quantity increases and improvements to the roadway surface drainage that were unforeseen at the time of design. PREPARED BY: Rick Yee, Senior Civil Engineer REVIE D BY: Da4kf,6. L" , irector of Public Works Attachment: Notice of Completion Date Prepared: November 9, 2009 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 E. COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is _21825 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (If other than fee, strike "1n fee" and insert, for cuinple, "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on September 16, 2009. The work done was: Construction of landscaped medians, curb extensions, and speed cushions to address traffic concerns on Sunset Crossing Road (located west of the State Route 57 Freeway) and Prospectors Road 7. The name of the contractor, if any, for such work of improvement was All American Asphalt February 23, 2009 (if no contractor for work of improvement as a whole, insert "none") (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State ofCalifotnia, and is described as follows: Grand Avenue from Rolling Knoll Road to the Easterly City Limit 9. The street address of said property is Dated: Verification for Individual Owner (If no street address has been officially assigned, insert "none") CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ("resident of', "Manager of "A partner of," "O�er of," etc) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 _, at Diamond Bar California. (Uate ofsignalure) (City wheresigned) 3 CITY COUNCIL Agenda # 6.6 Meeting Date: November 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a PTITLE: EXONERATION OF SURETY BO D NO. TM5053846/6398501 POSTED BY BROOKFIELD DIAMOND BAR VILLAGE LLC FOR TRACT 62482 (VANTAGE TOWNHOMES) TO COMPLETE MANHOLE INSTALLATION FOR STORM DRAIN PD 1747. RECOMMENDATION: Approve. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with the subdivider, Brookfield Diamond Bar Village LLC, to complete various improvements for Tract 62482. The subdivider guaranteed faithful performance of said agreement by posting with the City a surety bond for grading, erosion control, drainage improvements, street improvements, sewer improvements, PD 1747 manhole installation, landscape and irrigation. Council has exonerated the grading, storm drain and sewer bonds that were posted. DISCUSSION: On October 8, 2009 the City received notice from the County that PD 1747 has been accepted by the County for maintenance. Brookfield Diamond Bar Village LLC then followed up with a written request dated November 3, 2009 to exonerate the bond. Upon receipt, the Public Works Department verified completion of the PD 1747 improvements required by the County of Los Angeles Flood Maintenance Division. The following surety bond is recommended for exoneration: Surety Bond No. TM5053846/6398501 in the amount of $49,035.00. PREPARED BY: DATE PREPARED: Kimberly Molina, Associate Engineer November 9, 2009 REVIEWED BY: David T Liu, Director of Public Works Attachments: Letter of Request Dated November 3, 2009 Letter of Transfer from County Dated October 8, 2009 2 ' i til, •. BROOKFIELD _. H d..M E .6.,�. IIYCi Ehe d fi i E f to A C r;. SOUS"H•1ANO DUSINES5 ,ROUP November 3, 2009 Kimberly Molina City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Re: Bond Release for Bond No. 5053846/6398501 City of Diamond Bar: Construction and drainage facilities for Storm Drain No. 1747, Parcel Map No. 14819 has been completed and accepted by the Los Angeles County Flood Control Act. We are requesting release of Bond No. 5053846/6398501 and the amount of $49,035 as all work is complete and the storm drain has been transferred to the County. Please do not hesitate to contact me directly at 714-200-1653 should you have any questions. Kind Regards, O IELD DIAMOND BAR LLC John O r'r n Vice President GAIL FARBER, Director October 8, 2009 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS The City Council City of Diamond Bar 21825 East Gopiey Drive Diamond Bar, CA 91765 "To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA. CALIFORNIA 91803-1331 Telephone (626)458-5100 haplIdpw.lacounty gov STORM DRAIN—DRAINAGE FACILITY STORM DRAIN NO. 1747 PARCEL MAP NO. 14819 ADDRESS ALL CORRESPONDENCE TO P O BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 `_ IN REPLY PLEASE REFER TO FILE LD -1 The City Council's Resolution No. 2007-58, dated October 2, 2007, requested the transfer and conveyance of the drainage facilities for Storm Drain No. 1747, as depicted on District Drawing Nos. 313-F88.1-7., to Los Angeles County Flood Control District (LACFCD). Section 13-3/4 of the Los Angeles County Flood Control Act authorizes the LACFCD to accept a transfer and conveyance of a storm drain improvement or drainage system if the improvement or system benefits property within the territorial limits of the district and the governing body of the public agency that has constructed or acquired the improvement or system requests the district to accept the transfer and conveyance of the improvement or system. Pursuant to Ordinance No. 2006-0065 of the Board of S! ipervisors of the LACFCD, the Director of Public Works, acting as the Chief Engineer of the LACFCD, is authorized to accept the transfer and conveyance of storm drains on behalf of the LACFCD. The City Counsel October 8, 2009 Page 2 Please be advised that the construction of the drainage facilities for Storm Drain No. 1747, as depicted on District Drawing Nos. 313-F88.1-7., has been completed in a manner satisfactory to the LACFCD, and the transfer and conveyance of said drainage facilities are hereby accepted by the LACFCD effective on the date of this letter. Very truly yours, j�GAIL FARBER Director of Public Works RE:plg PALDPU B\SU BMGT\STORM D RA I N\N EW\PM14819PD 1747 CITY COUNCIL Agenda 9 6. 7 (a) Meeting Date: November 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: AWARD OF DESIGN SERVI ES CONTRACT FOR RESIDENTIAL AREA 6 ROAD MAINTENANCE (CAPE SEAL) PROJECT TO AAE, INC. IN THE AMOUNT OF $39,502 AND AUTHORIZE A CONTINGENCY AMOUNT OF $4,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $43,502. RECOMMENDATION: Award. FINANCIAL IMPACT: The FY 2009-2010 Budget allocated a total of $1,100,000 for the Residential Area 6 Road Maintenance (Cape Seal) Project. BACKGROUND: On September 24, 2009, proposals were received from five (5) engineering firms for design and construction administration services for the Residential Area 6 Road Maintenance Project. These proposals were reviewed and evaluated based on 1) general responsiveness to the City's request for proposal (RFP), 2) staff and firm qualifications, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. The following are the five (5) firms that submitted proposals with their proposed fees: Consultant Design Cost Construction Administration Cost Total DMS Consultants, Inc. $ 31,710.00 $ 27,245.00 $ 58,955.00 AAE, Inc. $ 39,502.00 $ 31,290.00 $ 70,792.00 Onward Engineering $ 37,050.00 $ 39,990.00* $ 77,040.00 DGA Consultants $ 28,900.00 $ 49,930.00 $ 78,830.00 Norris -Re ke $ 29,080.00 $ 50,600.00 * $ 79,680.00 * Includes material testing services costs DISCUSSION: The City has been divided into seven residential areas as shown in Exhibit A. Area 6 is the sixth annual residential cycle of street maintenance/slurry activities. The residential centerline mileage of Area 6 is 11.8 miles. In consideration of the six criteria mentioned above, staff concurred that the best qualified firm for the design portion of the contract is AAE, Inc. AAE, Inc. was selected over the lowest proposer because they demonstrated the importance of a quality design and superior service to the City. Additionally, AAE, Inc. performed a field investigation prior to submitting their proposal allowing them to assess current pavement conditions on the City's residential roadways. The scope of work proposed by AAE, Inc. differed from the other consultant proposals because they are committing to perform a constructability review which will assess all possible solutions to address the pavement conditions on each roadway, determine the most appropriate method to correct any deficiencies and remain within the project budget. A separate contract will be awarded for the construction administration services portion of the project. Attached is AAE's scope of services (Exhibit "B"), fee schedule (Exhibit "C"), and Consulting Services Agreement. The project schedule is tentatively set as follows: Award of Contract Notice to Proceed with Design Approval of Plans and Specifications/ Authorize Advertisement Bid Opening Award of Construction Contract Notice to Proceed with Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer REVIE BY• 7 David G. Liu, Director of Public Works Attachments: November 17, 2009 November 30, 2009 April 12, 2010 May 4, 2010 May 18, 2010 June 7, 2010 August 9, 2010 DATE PREPARED: November 10, 2009 Neighborhood Road Maintenance Program Map Consulting Services Agreement Exhibit A Exhibit B Exhibit C 2 Citywide Residential Slurry Seal Program ^IIIII''•� rt. _ •'% x: i. +, i•1')•� .�''. \�.,f'1 '•i) '�� . ., .� it .. toAHt 5. i • „� DIAMOND BAR 1,0 AS �.: -• . 'i� Cdr ;,"�'t-:'r ' d ; d�: �,�,�- 17 L '. .. J, '.. .S• ,fir •1 `1 • Y.. � /`���/ 1 by .. / •n .%; +, . - -�-""• •��. ,r Y� \� J� SECTION FISCAL AREA MILEAGE YEAR �a=r' 1 19.5 04-05 2 16.5 05-06 3 17.9 06-07 4 14.4 07-08 5 12.0 08-09 6 11.8 09-10 ® 7 16.4 10-11 TOTAL 108.4 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of November 17, 2009 by and between the City of Diamond Bar, a municipal corporation ("City") and AAE, 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 September 3, 2009. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated September 24, 2009 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect November 17, 2009, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City. 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 Consultant: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Yadi Farhadi, P.E. AAE, Inc. 1815 E. Heim Ave. Suite 100 Orange, CA 92865 714-940-0100 714-940-0700 FAX 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the 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 $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye A. Cribbins, City Clerk Ron Everett, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Recydedpaper September 3, 2009 1=�-%i Kieoit A City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com SUBJECT: Request for Proposal for Residential Area 6 Road Maintenance (CAPE SEAL) Project Design Services and Construction Administration/ Inspection Services. To Civil Engineering Firms: The City of Diamond Bar is requesting proposals from qualified Civil Engineering Firms to provide design services and contract administration/inspection services for the Residential Area 6 Road Maintenance Project. The project will be administered by the Public Works Department of the City. BACKGROUND The City has been divided into seven residential areas (see Exhibit "A"). This project will begin with the sixth annual residential cycle (Area 6) of street maintenance/slurry activities. The project is to complete approximately 11.8 centerline miles of residential street slurry seal/chip seal application and to remove/repair isolated damaged AC pavement, curbs and gutters, and sidewalks as determined by field conditions. SCOPE OF WORK— DESIGN SERVICES The City requires the services of a professional civil engineering consultant firm to design the aforementioned project. The consultant firm shall prepare construction plans, specifications and cost estimates for the project. The work program or approach to be taken by the firm in completing these services should take into consideration the following items: A. Meet with the city staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. The consultant shall attend periodic meetings with City staff at various stages of the project as needed. RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 2 B. Do a complete field review and inventory of repairs required — Area 6 for Residential Roadways -and review all existing field conditions and information pertaining to this project, including the available improvement and utility plans from the appropriate agencies and make recommendations for repair. Provide a report of findings to the City. To assist in your field review the City will provide a copy of the latest update to the City's Pavement Management System specific to Area 6. C. Conduct a utility search for all utilities within the project limits. Review the location of existing utilities, surface and subsurface structures and proposed improvements. If the proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. The consultant shall provide the City copies of all utility correspondence with the completed construction documents submittal. D. The Consultant shall prepare complete sets of plans and specifications for the project (including the R&R of AC pavement, curb and gutter, and sidewalk). The improvement plans shall be prepared on 8 % x 11 sheets to be added as an appendix in the specifications. These plans shall include the street information cross-referenced with a data sheet outlining areas for repair of AC pavement, curb and gutter, sidewalk, slurry seal and Chip Seal. The bid specifications shall be submitted via e-mail in Microsoft Word format. The Consultant shall prepare and submit a cost estimate in tabular form for each construction item showing quantity, unity, unit price and total cost. E. It is the City's intention to use the Standard Specifications for Public Works Construction (latest edition) and the Standard Plans for Public Works Construction (latest edition), in conjunction with the City standard specifications and plans. The consultant shall provide copies of referenced standard plans from other sources. F. Revise and/or change plans and related materials as required as a result of review of the signed plans by affected utilities or because of errors or omissions in the plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays and shall not result in any increase in compensation from the City. G. Provide assistance during the bidding period. The Consultant shall provide technical assistance to staff and clarification to bidders should any questions arise during the bidding period. Should any changes be required to the plans and/or specifications during this phase, the consultant shall make the necessary changes and provide those changes in the specifications or plans in a timely manner so that the City can issue an addendum. RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 3 H. Provide consultation during construction. The Consultant shall provide any appropriate technical services, including but not limited to, consultation, plan interpretation, and plan revisions resulting from changed conditions, excluding revisions required in Item F above. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays. SCOPE OF WORK — CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES The City requires the services of a professional civil engineering consultant firm to provide the construction administration and inspection services for the aforementioned project. The work program or approach to be taken by the firm in completing these services should take into consideration the following items: A. Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. The consultant shall attend periodic meetings with City staff at various stages of the project as needed. B. Coordinate and conduct the Pre -Construction Meeting, including the preparation of the utility notices and meeting agenda. C. Address complaints and concerns received. D. Review and approve the Contractors' invoices. E. Prepare Construction Change Orders. F. Prepare daily and weekly reports, including project progress and photo documentation by stages. G. Prepare Punch List and Conduct final job walk and prepare a recommendation to the City for acceptance of the construction project. CITY'S SUPPORT A. Existing street and utility plans in the City's possession. B. Reproduction of final construction plans and specifications for advertising. C. Copies of the City's Pavement Management System specific to Area 6. RFP — Residentiai Area 6 Road Maintenance Program September 3, 2009 Page 4 PRPOSAL FORMAT AND CONTENT The Consultant shall prepare a separate proposal for the design services and the construction administration/inspection services. Each proposal shall provide all the information requested and should be able to stand-alone. The Consultant's response should provide the following information, using the same format and sequence: A. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. For the project engineer and project manager, include information for three (maximum) recent projects on his/her record of completion compared to the original project schedule. B. Firm's Experience List a maximum of five projects of similar scope that your firm has designed for other public agencies in the greater Los Angeles Area. For each project, provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, your project manager and engineer's name. If any portion of the project is sub -contracted, provide similar information for a maximum of three projects. C. Project Design Discuss the methods and procedures that will be used in the design of the project. Provide a list of construction drawings that will be prepared for the project. Also identify any potential concerns or problems in the design of this project. D. Construction Administration/Inspection Discuss the hours required and scope of work to be included in the administration/inspection services. Assume a construction schedule of 45 calendar days. E. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. The City is seeking a quick time frame for design in order to meet a Spring/Summer construction schedule (i.e., construction completion by start of Fall school term). RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 5 F. Resource Requirements Provide a man-hour and fee estimate for the proposed scope of work. Also provide a total "Not -to -Exceed" design services fee for the project. Separately, provide a total "Not -to -Exceed" construction administration/inspection services fee. Please state all assumptions upon which the estimates are based. G. Fee Schedule Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. H. Agreement Exhibit "13" is a copy of the City's professional services agreement. A copy shall be completed and signed as part of the proposal package. Completion of this agreement will be your statement that all terms and conditions are acceptable. This completed agreement made part of the proposal is no means to be interpreted as acceptance by the City or notice to proceed. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected consultant upon execution of the original contract for submittal to the City Council. All proposers shall submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the consultant, and that the consultant understands said coverage is prerequisite for entering into an agreement with the City. The consultant is required to confirm with its insurance carrier that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set froth shall result in the consultant's disqualification. References List of three (3) references for similar projects must be provided. Include contact person, address, and telephone number. RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 6 SUBMITTAL OF PROPOSAL Three (3) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to: MS. KIMBERLY MOLINA, ASSOCIATE ENGINEER CITY OF DIAMOND BAR PUBLIC WORKS DEPARTMENT 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 The envelope shall be clearly marked with the notation "PROPOSAL -DO NOT OPEN". The proposal shall be submitted on or before 3:00 p.m. on September 24, 2009. 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; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. QUESTIONS If there are any questions regarding this Request for Proposal, please contact Ms. Kimberly Molina, Associate Engineer at (909) 839-7044. Sincerely, �!Pavid , E. "� Director of Public Works kAff NCORPORATLQ % Scope of Work The design services will be accomplished by completing the below listed tasks with our experienced design team. The preparation of construction plans, specifications and cost estimates for the 2009-2010 Area 6 Slurry/Chip Seal and possibly Asphalt Rubber Aggregate Membrane (ARAM) Improvements will be completed byM 8,2010. The AAE Team will provide all required services per pages 1 — 3, Items A — H of the RFP. We acknowledge Item E in reference to City's intended use of Standard Specifications and Plans for Public Works Construction (latest edition) and the requirement for the selected design engineering firm to provide copies of referenced standard plans from other sources. Upon receiving Notice -to -Proceed from the City, the AAE Design Team will initiate services as follows: A. Project Management 1. Kick off Meeting — Initial meeting with City staff and all other project stakeholders to discuss goals, roles, objectives, standards and the project schedule. 2. Progress Meetings — Design Progress Meetings will be scheduled on a regular monthly or as -needed basis at the discretion of the City. Meetings will be at each plan submittal milestone, at a minimum. These meetings will be used to report the status of the project progress, review future tasks, discuss issues and challenges and review the project schedule with City staff. Agenda and meeting minutes will be prepared and distributed by AAE accordingly. 9 21 ALAN10 1-1 NCO RPORATED 3. Monthly Report — AAE will provide written monthly reports of project status detailing all aspects of the project. This will include work by the AAE Team in addition to all work performed by sub -consultants should there be a need. 4. Coordination with Agencies — During the work of the project, AAE will work closely with any impacted utility agencies and other agencies that may be impacted by the project such as: a. Southern California Edison b. Walnut Valley Water District c. Time Warner Cable d. Verizon Communications e. County of Los Angeles 5. Encroachment Permits — As instructed by the City, AAE will apply for and secure encroachment permits from other agencies for the portion of work within their jurisdiction, as needed. 6. The AAE Project Manager will attend City Council Meetings at the request of the City to provide staff support in presenting the .project status to the City Council. B. Field Investigation and Repair Assessment The design team will provide field inspection of all features of roadways within project limit areas to identify, locate and describe distressed pavement areas, and adjustments needed for manholes and valve boxes within the project area. The design team will also record the location of all existing traffic loops and signing and striping to be restored. During field measurements, the crew will confirm the location of survey monuments as well. AAE will also perform a site investigation to evaluate the existing condition of curb and gutter, sidewalk, driveway approaches, drainage inlets, and other street features. During this investigation, locations of damaged and/or distressed street features will be inspected, confirmed and summarized. Americans with Disability Act (ADA) accessibility compliance will be reviewed and non-compliant features noted for 22 f, A•;r.` ,r. ig AVE NGORFORATED 1, items such as curb ramps (or lack thereof), driveways and sidewalks. AAE will also identify existing drainage patterns so that any changes to eliminate ponding can be identified. The whole field investigation will be additionally documented by photos taken all along field investigation. The result of such field investigation will be tabulated to be used as a part of the design document of this project. In addition to the City's current Pavement Management System (PMS), the design team will collect all other related records such as improvement plans, maps, "as -built" drawings, utility plans, reports, studies, and other pertinent information within the projects limits. The design team will review these existing records and incorporate them into the design program as appropriate as follows: 1. Gather/research and review all maps, plans, studies, reports and related documents that are available within Area 6 streets and.roadways. 2. Our engineering and inspection team will actually walk the entire stretch of the 11.8 miles of roadway in Area 6 per the RFP and note all deficiencies and make recommendations for repairs. 3. We will provide above findings in a chart listing troubled locations and type of recommended repair(s). 4. We will list repairs based on the budget available. 5. We will list locally damaged sidewalks that will be tabled at specific addresses and inserted in the project specifications for repairs C. Utility Research and Coordination AAE will conduct fieldwork to verify the locations of surface utility features within the project limits. During the field investigation, AAE will validate the locations of other special features and any traffic signal loops. In conjunction with information researched from Preliminary Engineering, AAE will notify 23 NCORPORATED affected utility companies of the impending project. Surface features requiring adjustment will be identified and properly coordinated with the corresponding utility company. If the proposed improvements interfere with existing utilities, AAE will arrange to have potholes taken by the utility company. If the utility company has prior rights, AAE will negotiate with a contractor to pothole the area for a fee as part of extra services. AAE will provide the City with copies of all correspondence with the utility companies compiled in a book report at the submittal of 90% plan completion, to ensure due diligence and follow-through with the utility companies. We understand the utmost importance of this task to the City and AAE will make certain of its successful completion and coordination. Further details of this task are as follows: 1. Beginning with the surveying process and DigAlert area underground utilities list, AAE will carry out location and identification of all utilities/substructures and will begin written communication with each utility and substructure owner. 2. Throughout the design phase (at a minimum, 3 -step utility notice process), communications and coordination will be maintained. I 3. All affected utilities will be identified for relocation or ' protect -in-place ' and will be communicated to the utility company for confirmation and, subsequently, to implement process and schedule for relocation during the construction phase of the project or prior to start of construction. 4. Potholing will be provided if precise location of existing utilities is not apparent. 5. Existing curb and gutter, catch basin and storm drain pipeline will be analyzed for their capacity and performance. 6. As needed, a draft Storm Water Pollution Prevention Plan (SWPPP) ! Report for compliance with NPDES regulations will be prepared for review and circulation. 9 24 kir NCORPORATER D. Prepare Preliminary Plans and Estimates AAE will prepare two sets of design documents. The first set will include work related to Slurry Seal Application (including the R&R of AC pavement, curb and gutter, and sidewalk) while the second set will include ARAM Application. e improvement list shall be prepared on 8 '/2 X 11 sheets which will be added as an appendix to the specifications. The list shall include all streets designated for improvement which will be cross-referenced with a data sheet outlining areas for repair of AC pavement, curb and gutter, sidewalk, slurry seal and ARAM. AAE will also prepare 11 x 17 plans identifying the project location and the type of improvement (Slurry Seal, ARAM) recommended for each segment of roadway and will insert the said plans into the design documents. Once the design documents are 90% complete, they will be submitted to the City for review and approval. The City's comments and requested changes, if any, will be reviewed and will be incorporated into the design documents, if applicable. The design team will prepare specifications using the Standard Specifications for Public Works Construction "Green Book" (latest edition) and Standard Plans for Public Works Construction (latest edition), in conjunction with the City of Diamond Bar specifications and standard plans. This comprehensive set of specifications using the(b'roil plate provided by the City will include general, special and technical provisions. All bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly described in the general provisions and included in the contractor's bid list. Technical provisions will contain adequate details for coordination with the plans and will reference the Green Book, Caltrans or other appropriate specifications. AAE will prepare a detailed construction cost estimate. Measurement of units will be contained in the specifications with additional detail for lump sum items 9 25 ICORPORATGD as necessary. Unit prices will be derived from current bid information on similar work within the area. E. Standard Specifications and Plans for Public Works Construction AAE will be compliance with City's guidelines to use the latest edition of the Standard Specifications and Plans for Public Works Construction when preparing the project's PS&E during all phases of design. F. Specifications and Plan Revisions Upon review and approval of the 100% design submittal, the final plans, specifications, and engineer's estimate will be prepared and submitted to the City for final approval. All City's requested revisions to the previously submitted construction plans will be incorporated in the final completion level. The plans w regia d on Auto CADD format and upon completion of the final desi , thirty (3) s of original plans, specifications along with an electronic i e of the project with all of the supporting documents will be delivered to the City for bidding purposes. AAE will prepare and submit progress plans, specifications and cost estimate (PS&E) for City review at each stage. Upon return of the PS&E by the City with any comments, AAE will make any needed adjustments and eventually will provide professionally signed plans printed on Mylars along with other hard copy documents to the City in addition to electronic copies. G. Bidding and Award of Construction Contract AAE will provide technical assistance to the City staff, clarifications to the prospective bidders on behalf of the city, and develop, prepare, and submit to the City (for the distribution to the prospective bidders) the necessary addendum documents (plans and/or specifications) during the bidding period as follows: 26 AkArL NCORPORATEO 1. During the bid period, AAE, per City's instruction and approval, will attend the pre-bid meeting and will address any Requests for Information (RFI's) from bidders. 2. If needed, AAE will prepare Addenda for City issuance. AAE will also review the bids received and make a recommendations per City's request and approval. H. Construction Assistance Support We will provide design support.during the construction phase. These services include, but not limited to, consultation by the City staff, plan interpretation and revisions resulting from change conditions in the field. We will provide these services expeditiously and timely manner to avoid and minimize construction delays. Further details of services are as follows: • Attend pre -construction meeting • Review RFI's and provide response • Review request for CCO and provide opinion • Review and approve material submittal 27 N 0 CL 0 a L R -0 C d d N V x W 0 H 0 Z T. Q E.xt+i atT C.,. r N V N O aN�- N N OD cli L6 Lr t7 O I I vi to m to u3 u! 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CITY COUNCIL Agenda # 6.7 (b) Meeting Date: November 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang -\J0 TITLE: AWARD OF CONSTRUCTI ADMINISTRATION SERVICES CONTRACT FOR RESIDENTIAL AREA 6 ROAD MAINTENANCE (CAPE SEAL) PROJECT TO ONWARD ENGINEERING IN THE AMOUNT OF $39,990 AND AUTHORIZE A CONTINGENCY AMOUNT OF $4,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $43,990. RECOMMENDATION: Award. FINANCIAL IMPACT: The FY 2009-2010 Budget allocated a total of $1,100,000 for the Residential Area 6 Road Maintenance (Cape Seal) Project. BACKGROUND: On September 24, 2009, proposals were received from five (5) engineering firms for design and construction administration services for the Residential Area 6 Road Maintenance Project. These proposals were reviewed and evaluated based on 1) general responsiveness to the City's request for proposal (RFP), 2) staff and firm qualifications, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. The following are the five (5) firms that submitted proposals with their proposed fees: Consultant Design Cost Construction Administration Cost Total DMS Consultants, Inc. $ 31,710.00 $ 27,245.00 $ 58,955.00 AAE, Inc. $ 39,502.00 $ 31,290.00 $ 70,792.00 Onward Engineering $ 37,050.00 $ 39,990.00* $ 77,040.00 DGA Consultants $ 28,900.00 $ 49,930.00 $ 78,830.00 Norris -Re ke $ 29,080.00 $ 50,600.00* $ 79,680.00 *Includes material testing services costs DISCUSSION: The City has been divided into seven residential areas (Map Attached). Area 6 is the sixth annual residential cycle of street maintenance/slurry activities. The residential centerline mileage of Area 6 is 11.8 miles. In consideration of the six criteria mentioned above, staff concurred that the best firm for the construction administration portion of the contract is Onward Engineering. Onward Engineering was selected over the lowest proposer because they demonstrated the importance of maintaining clear communication throughout the duration of the project with City staff as well as a proactive neighborhood outreach program that notifies the residents of the upcoming construction along their roadways. A separate contract will be awarded for the design services portion of the project. Attached is Onward's scope of services (Exhibit "B"), fee schedule (Exhibit "C"), and Consulting Services Agreement. The project schedule is tentatively set as follows: Award of Contract Notice to Proceed with Design Approval of Plans and Specifications/ Authorize Advertisement Bid Opening Award of Construction Contract Notice to Proceed with Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer REVIEWED BY: /X� --� G,,46, Director ublic Works Attachments: November 17, 2009 November 30, 2009 April 12, 2010 May 4, 2010 May 18, 2010 June 7, 2010 August 9, 2010 DATE PREPARED: November 10, 2009 Neighborhood Road Maintenance Program Map Consulting Services Agreement Exhibit A Exhibit B Exhibit C 2 C i %Ntywilcle Residential Slurry Seal Program AREA 0 AREA 7 DIAMOND BAR . N icy„ 4 1A w => SECTION FISCAL AREA MILEAGE YEAR 19.5 04-05 2 16.5 05-06 3 17.9 06-07 4 14.4 07-08 512.0 08-09 6 11.8 09-10 7 16.4 10-11 TOTAL 108.4 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of November 17, 2009 1 by and between the City of Diamond Bar, a municipal corporation ("City") and Onward Engineering. , ("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 September 3, 2009. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated September 24, 2009 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect November 17, 2009, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City. 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 Consultant: Majdi Ataya, P.E. City of Diamond Bar Onward Engineering 21825 Copley Drive 300 Harbor Blvd. Suite 814 Diamond Bar, CA 91765-4178 Anaheim, CA 92805 714-533-3050 714-948-8978 FAX 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the 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 $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye A. Cribbins, City Clerk Ron Everett, Mayor Approved as to form: -31 City Attorney "CONSULTANT" By: Its: Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Recycled paper September 3, 2009 ExN 1 BIT A City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com SUBJECT: Request for Proposal Maintenance (CAPE SEAL) Project Administration/ Inspection Services. To Civil Engineering Firms: for Residential Area 6 Road Design Services and Construction The City of Diamond Bar is requesting proposals from qualified Civil Engineering Firms to provide design services and contract administration/inspection services for the Residential Area 6 Road Maintenance Project. The project will be administered by the Public Works Department of the City. BACKGROUND The City has been divided into seven residential areas (see Exhibit "A"). This project will begin with the sixth annual residential cycle (Area 6) of street maintenance/slurry activities. The project is to complete approximately 11.8 centerline miles of residential street slurry seal/chip seal application and to remove/repair isolated damaged AC pavement, curbs and gutters, and sidewalks as determined by field conditions. SCOPE OF WORK — DESIGN SERVICES The City requires the services of a professional civil engineering consultant firm to design the aforementioned project. The consultant firm shall prepare construction plans, specifications and cost estimates for the project. The work program or approach to be taken by the firm in completing these services should take into consideration the following items: A. Meet with the city staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. The consultant shall attend periodic meetings with City staff at various stages of the project as needed. RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 2 B. Do a complete field review and inventory of repairs required — Area 6 for Residential Roadways -and review all existing field conditions and information pertaining to this project, including the available improvement and utility plans from the appropriate agencies and make recommendations for repair. Provide a report of findings to the City. To assist in your field review the City will provide a copy of the latest update to the City's Pavement Management System specific to Area 6. C. Conduct a utility search for all utilities within the project limits. Review the location of existing utilities, surface and subsurface structures and proposed improvements. If the proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. The consultant shall provide the City copies of all utility correspondence with the completed construction documents submittal. D. The Consultant shall prepare complete sets of plans and specifications for the project (including the R&R of AC pavement, curb and gutter, and sidewalk). The improvement plans shall be prepared on 8 %Z x 11 sheets to be added as an appendix in the specifications. These plans shall include the street information cross-referenced with a data sheet outlining areas for repair of AC pavement, curb and gutter, sidewalk, slurry seal and Chip Seal. The bid specifications shall be submitted via e-mail in Microsoft Word format. The Consultant shall prepare and submit a cost estimate in tabular form for each construction item showing quantity, unity, unit price and total cost. E. It is the City's intention to use the Standard Specifications for Public Works Construction (latest edition) and the Standard Plans for Public Works Construction (latest edition), in conjunction with the City standard specifications and plans. The consultant shall provide copies of referenced standard plans from other sources. F. Revise and/or change plans and related materials as required as a result of review of the signed plans by affected utilities or because of errors or omissions in the plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays and shall not result in any increase in compensation from the City. G. Provide assistance during the bidding period. The Consultant shall provide technical assistance to staff and clarification to bidders should any questions arise during the bidding period. Should any changes be required to the plans and/or specifications during this phase, the consultant shall make the necessary changes and provide those changes in the specifications or plans in a timely manner so that the City can issue an addendum. RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 3 H. Provide consultation during construction. The Consultant shall provide any appropriate technical services, including but not limited to, consultation, plan interpretation, and plan revisions resulting from changed conditions, excluding revisions required in Item F above. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays. SCOPE OF WORK — CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES The City requires the services of a professional civil engineering consultant firm to provide the construction administration and inspection services for the aforementioned project. The work program or approach to be taken by the firm in completing these services should take into consideration the following items: A. Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. The consultant shall attend periodic meetings with City staff at various stages of the project as needed. B. Coordinate and conduct the Pre -Construction Meeting, including the preparation of the utility notices and meeting agenda. C. Address complaints and concerns received. D. Review and approve the Contractors' invoices. E. Prepare Construction Change Orders. F. Prepare daily and weekly reports, including project progress and photo documentation by stages. G. Prepare Punch List and Conduct final job walk and prepare a recommendation to the City for acceptance of the construction project. CITY'S SUPPORT A. Existing street and utility plans in the City's possession. B. Reproduction of final construction plans and specifications for advertising. C. Copies of the City's Pavement Management System specific to Area 6. RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 4 PRPOSAL FORMAT AND CONTENT The Consultant shall prepare a separate proposal for the design services and the construction administration/inspection services. Each proposal shall provide all the information requested and should be able to stand-alone. The Consultant's response should provide the following information, using the same format and sequence: A. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. For the project engineer and project manager, include information for three (maximum) recent projects on his/her record of completion compared to the original project schedule. B. Firm's Experience List a maximum of five projects of similar scope that your firm has designed for other public agencies in the greater Los Angeles Area. For each project, provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, your project manager and engineer's name. If any portion of the project is sub -contracted, provide similar information for a maximum of three projects. C. Project Design Discuss the methods and procedures that will be used in the design of the project. Provide a list of construction drawings that will be prepared for the project. Also identify any potential concerns or problems in the design of this project. D. Construction Administration/Inspection Discuss the hours required and scope of work to be included in the administration/inspection services. Assume a construction schedule of 45 calendar days. E. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. The City is seeking a quick time frame for design in order to meet a Spring/Summer construction schedule (i.e., construction completion by start of Fall school term). RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 5 F. Resource Requirements Provide a man-hour and fee estimate for the proposed scope of work. Also provide a total "Not -to -Exceed" design services fee for the project. Separately, provide a total "Not -to -Exceed" construction administration/inspection services fee. Please state all assumptions upon which the estimates are based. G. Fee Schedule Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. H. Agreement Exhibit "B" is a copy of the City's professional services agreement. A copy shall be completed and signed as part of the proposal package. Completion of this agreement will be your statement that all terms and conditions are acceptable. This completed agreement made part of the proposal is no means to be interpreted as acceptance by the City or notice to proceed. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected consultant upon execution of the original contract for submittal to the City Council. All proposers shall submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the consultant, and that the consultant understands said coverage is prerequisite for entering into an agreement with the City. The consultant is required to confirm with its insurance carrier that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set froth shall result in the consultant's disqualification. References List of three (3) references for similar projects must be provided. Include contact person, address, and telephone number. RFP — Residential Area 6 Road Maintenance Program September 3, 2009 Page 6 SUBMITTAL OF PROPOSAL Three (3) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to: MS. KIMBERLY MOLINA, ASSOCIATE ENGINEER CITY OF DIAMOND BAR PUBLIC WORKS DEPARTMENT 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 The envelope shall be clearly marked with the notation "PROPOSAL -DO NOT OPEN". The proposal shall be submitted on or before 3:00 p.m. on September 24, 2009. 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; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. QUESTIONS If there are any questions regarding this Request for Proposal, please contact Ms. Kimberly Molina, Associate Engineer at (909) 839-7044. Sincerely, �? 'Pid , E. �� Director of Public Works DLL�IOND HAR1 3. Scope of Work ='U H Ita ���S.iW F.Ccu Constructability Review Our construction management staff will be involved with the project from day one in order to ensure a successful project. Once the scope is set and preliminary design plans are prepared, our construction crew will analyze the methods and procedures to ensure that change orders and unforeseen circumstances can be avoided. By doing this we are able to completely integrate the design and construction process and provide a more complete and sound product to the City. Meet and Coordinate with City Staff Before the contractor is selected, the Onward Engineering construction management team will meet with City Staff in order to coordinate all construction information and i requirements. As representatives of the City of Diamond Bar it is critical that our staff members fully understand the needs and directives of those that we are serving. Each City and County have different preferences when it comes to construction methods and procedures and it will be critical that our team members fully understand and'incorporate all preferences held by the City. The City of Diamond Bar can have full confidence in the direction and management of the Contractor by our staff not only because of the decades of experience that they bring to the table, but also because of our attention to detail and the concerns of our clients. Pre -construction Meeting Prior to construction commencement, Onward Engineering will conduct a pre - construction meeting with the contractor and other stakeholders. The meeting will cover all of the important information contained in the contract documents and other City requirements. This venue is also perfect for stakeholders to express their concerns and begin coordination between the parties. Meeting minutes will be issued by the end of that day. This meeting will discuss contract progress schedules, material issues, Construction/Contractor issues, right-of-way details, coordination with the utility companies, and other project related issues. Pre -Construction Photos Inspection personnel will document existing conditions within the project footprint. Our team will have already visited the project site and taken various pictures where improvements are needed. These design photographs will be combined with the general construction photographs and will be submitted to the city in a final correlated manner. Bi -Weekly Project Status MeetincLs At the onset of the construction project, Onward Engineering inspection personnel will conduct bi-weekly project status meetings with contractor, subcontractors and utility company representatives to coordinate construction tasks. These meetings typically do not take long, but the information exchanged and the coordination obtained from the meetings are unparalleled in value. At these meetings the anticipated scope of work will be discussed along with any pending payment or scheduling issues. Onward Engineering Page 18 of 23 %mow p.KC1 will prepare meeting minutes for each meeting and will forward the minutes to the City along with the project status updates and in the final project report. Public Outreach Residential street work can be an inconvenience to residents as it may disrupt the lives of some residents. Our team understands the importance of managing the public's expectations by ensuring that the residents are well informed, and their complaints are addressed in a timely manner. It is also important to provide the City staff with project status updates so that they can keep the residents informed. Onward Engineering will ensure that the Contractor properly notifies the public of their work and maintains adequate signage and a safe environment. Typically, for a project of this size there will be a set of 5 notifications which will ensure adequate public notification. As a first order of matter, the Contractor should prepare a general letter which notifies the residents of the project and the timeframe that the contractor will be working in the general area. Also, it will be prudent for the contractor to prepare a color map which delineates the days that he will be working in each street. If the city has the capabilities, it is best to post this schedule on the City website so that the Contractor and our Inspector can refer all residents to the website if questions arise on scheduling issues. Next, a five (5) day roadway notice signs should be posted on the streets which will give the residents adequate forewarning of the potential lane or roadway closure on the set date. Finally, as a 48 hour notification, the contractor should post no parking/driving signs and distribute door hangers in all affected streets for the noted day. I i By following efficient and carefully planned notifications procedures, the City will alleviate any concerns that residents may have and this will also help to avoid any drive - ons or irate residents which can ultimately add costs or delays to the project. I Contractor Payment Applications i We anticipate no more than four contractor payment applications. Our site inspector will monitor and evaluate the work for contract compliance and maintain a record of the work installed. This information along with collaboration with the contractor will be used as ' the basis for payment of the work installed. All non-compliant work will be tracked to ensure the work is brought into compliance prior to project closeout. After the work installed has been verified as compliant, our staff will submit our recommendation to the City for payment. A report summary of contract values, work installed, changes, and balances to complete will be included with the recommendation to the City. Changes Our staff categorizes changes based on the cause of the change. The five causes are: owner changes, contractor changes, unforeseen changes, and clarifications, errors and omissions. Contingency budgets are used to manage the risk of extra costs to the contract and cover unforeseen and errors and omissions. Owner changes are typically paid for Page 19 of 23 I through additions to the construction budget while contractor changes are paid for by the contractor. To properly manage the budget, Onward Engineering tracks approved and 1 potential changes assigning costs to each change. This information will be reported to the City of Diamond Bar weekly and can be used to evaluate and monitor the contract budget. There will not be any surprises at the end of the project. Onward Engineering understands that the City of Diamond Bar is the sole authority to I approve changes. We also understand the importance of accurate and timely information. i Reporting 1 Our reporting is thorough and accurate and used to both communicate to City Staff and to 1 document the happenings of the project. Our site inspector will maintain a detailed daily 1 report documenting the weather, work installed, work planned, non-compliant work, resources used, manpower, equipment, problems and issues, safety and schedule. Our 1 site inspector will also monitor labor compliance. These reports will be included as an Appendix to a weekly report that our staff will prepare and submit to the City. This report will include a summary and status of the project documenting the schedule, (planned and actual); costs, expenses, and budget; changes; claims; issues; and work installed. Sample copies of the Weekly Report and Daily Construction Report are included as Appendix A of this proposal. Photo Documentation Onward Engineering will also take and submit photo documentation of the project at the various stages of construction. These will be attached to the Weekly Reports and included on a CD with the final project file submittal to the City of Diamond•Bar. Closeout Our staff plans the project early and properly manages the project throughout construction so that the closeout of the project is timely and efficient. Our staff will ensure that all work complies with the specifications. A final walk through and a punch - list will be developed by our staff. Gary Yeo will receive all required project completion documentation from the Contractor and process the Contractor's final payment requests. Finally, Onward Engineering will deliver all project files to the City of Diamond Bar. E: Project Scheduling The proposed project schedule on the next page outlines the general anticipated timeframe and milestones for the design and construction project. Page 20 of 23 a1 N 0 00)j 00 Opi O O a .� O aJ40 O .G O m O O a. O_ N c — 00 CU — v > y Q v Im C o o 0 a N O u �n 00 +� aui a >tn v a a0 n, N N N 0 on U C •� F+ > O C W O tO V b _ °�' a, w o i+ M M E a L > cua m a ° '= °J m t c ,a L O = 3 c a v c v cc L a cu u F- th lJ} 'n. 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O_ N c — CU — v > y Q v o o 0 a N O u �n 00 +� aui a >tn v a E a ^ 0 0 on U C •� F+ > O C W O V b _ °�' a, w o i+ M E a L > cua m a ° '= °J m t c ,a L O = 3 c a v c v cc L a cu u aJa w VJ C cro O C aL+ i W toN c v o 3 Q� L N _U v ao o E Q N M V) ti C a O 0 () Cl) a oa' a, = a m 0. > a• C = m m V �+ H Qj m L a m OA u L 03: v C •� N L a O to E c O m m L O Ln O. ad o .O u vw + m m t L +c v n a a o O •p o v a u c L a a✓ Y Ln .� a a a, v a, 0 3 (a- O y !6 w- C a O L E Q 0 y vii ++ m ++ al uo 3 a 0 u C w c o o. m +' + n E c > cu a== a c m In a CITY COUNCIL Agenda # 7.1 Meeting Date: November 17, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man a'Y�� TITLE: ORDINANCE OF THE CITY OF IAMOND BAR AMENDING TITLE 8, BY ADDING CHAPTER 8.14 WATER CONSERVATION LANDSCAPING TO THE DIAMOND BAR MUNICIPAL CODE RECOMMENDATION: Approve. FISCAL IMPACT: The fiscal impacts to the City are unknown, but will likely be minimal and associated with staff and City -contracted consultant review of new and altered residential and commercial landscaping projects affected by the Ordinance, and will be offset by development review and plan check fees. BACKGROUND: The California Legislature adopted the Water Conservation in Landscaping Act of 2006 (AB 1881), which requires that all local agencies adopt a water efficient landscape ordinance by January 1, 2010 that institutes water efficiency regulations for new, rehabilitated and existing landscaping projects. Due to the frequent occurrence of drought, water rationing efforts, and recent court decisions diverting water away from regions such as Southern California, the Legislature adopted AB 1881 as a mechanism to reduce the extensive use of water on landscaping and improve the State's water outlook. If no action is taken by the City, the State model ordinance will automatically go into effect on January 1, 2010. The City has prepared the attached ordinance in consultation with the City Attorney after reviewing the State Department of Water Resources (DWR) model ordinance released September 2009. Although the State's model ordinance is designed to encompass the extensive residential, commercial, urban and rural sectors throughout California, Diamond Bar's unique residential/commercial mix calls for a modified approach that is more applicable to our residents and businesses. The resulting ordinance is as effective in conserving water as the State model ordinance, but provides the City, its residents and businesses with the flexibility to satisfy the water conservation requirements intended by AB 1881 in a manner that is more closely tailored to fit Diamond Bar's existing regulatory framework and review procedures. Applicability The City's ordinance would apply to new development projects subject to discretionary review by the City, new or altered landscape area of 2,500 square feet or more for non-residential and 5,000 square feet or more for residential, and to existing landscape over one contiguous acre in size. Landscaping projects meeting these guidelines may be required to install water efficient irrigation equipment including but not limited to sensors, controllers, water meters, and use water wise plants. Existing Landscapes Although the ordinance will apply to existing large scale developments and residences with over one contiguous acre of landscaping, the ordinance is designed to evaluate and encourage water conservation instead of instituting strict mandates when addressing existing landscapes. The City may also form a partnership with the Walnut Valley Water District (WVWD) to establish a strategy for working with owners of existing properties meeting the threshold because WVWD can better address the needs of high water users and provide them with the services and incentives to encourage water conservation. Compliance AB 1881 compliance requirements would be met with a Statement of Compliance, which is a written self -certification provided by the person who prepared the landscape plan to the City that certifies that the design complies with the elements of the ordinance. Additionally, applicants will be required to provide the City with a maintenance schedule that must be adhered to after landscape installation. No building permit or certificate of occupancy will be issued unless the Statement of Compliance, maintenance schedule, and any other required certifications as stated in the ordinance are provided to the City. These compliance requirements are designed to meet the AB 1881 requirements and provide the City with guarantees that post -installation maintenance will be followed and minimize any code enforcement issues ensuing from non-compliance. The ordinance would require that City staff perform planning and building review of new or altered landscaping plans. However, it is anticipated that the City will have minimal costs associated with this review and that most of the additional costs, if any, would be offset by development review and plan check fees. It is recommended that the City Council adopt Ordinance 2009 -XX, direct staff to provide the State Department of Water Resources with a certified copy of Ordinance 2009 -XX and findings that the City's Ordinance is as effective in conserving water as the State's model ordinance. Prepared by: Anthony Santos Management Analyst Attachment: 1. Ordinance No. 0X(2009). Reviewed by: Greg Gubman, AICP Community Development Director AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 8, BY ADDING CHAPTER 8.14 WATER CONSERVATION LANDSCAPING TO THE DIAMOND BAR MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: ORDINANCE. Title 8, Chapter 8.14 of the Diamond Bar Municipal Code, commencing with Section 8.14.010 is hereby added to read as follows: "Chapter 8.14 WATER CONSERVATION LANDSCAPING Sections: 8.14.010 Purpose. 8.14.020 Applicability. 8.14.030 Definitions. 8.14.040 Compliance Requirements. 8.14.050 Exceptions. 8.14.060 Submittals. 8.14.070 Determination of Conforming Installation. 8.14.080 Compliance Verification. 8.14.090 Landscape and Irrigation Maintenance Schedule. 8.14.100 Existing Landscapes. 8.14.010 Purpose. It is the policy of the City of Diamond Bar to promote water conservation. The Landscape Water Conservation Standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes. This Chapter is to be used in conjunction with the water conservation requirements of the Municipal Code, commencing with Section 22.26.010. Where conflicts in language may exist between this Chapter and Chapter 22.26, the more restrictive water conserving language shall prevail. This Chapter is adopted in accordance with AB 1881 (Laird, 2006), which mandates all local agencies to adopt the model ordinance water efficient landscape ordinance prepared by the California Department of Water Resources, or to adopt their own ordinance that is at least as effective in conserving water as the model ordinance, not later than January 2010. 8.14.020 Applicability. A. This Chapter applies to all new development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more. For homeowner -provided or homeowner -hired landscaping in single-family and multi -family residential projects, this Chapter applies to all such projects which are subject to discretionary review by the City and propose new or altered landscape area of 5,000 square feet or more. B. This Chapter applies to all existing landscapes installed before January 1, 2010 that are over one contiguous acre in size. Existing landscapes regulated by this Chapter must comply only with the provisions specified in Section 8.14.100, and are otherwise exempt from this Chapter. C. Cemeteries are exempt from compliance with all provisions of this Chapter, except Section 8.14.040.D. 8.14.030 Definitions. A. Check Valve: means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. B. ET: Evapotranspiration, which is the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. C. ETo: Reference Evapotranspiration, which is the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. D. ET Adjustment Factor: A factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two of the major influences upon the amount of water that needs to be applied to a landscape. E. Landscape Area: All areas where new or altered landscaping is proposed as a part of a new development proposal. F. Landscape Plan: Design plans with a planting plan, irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. G. New Development: Means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type any of which requires a discretionary permit from the City. H. Plant Factor: A factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. I. Precipitation Rate: Means the rate of application of water measured in inches per hour. J. Special Landscape Area (SLA): an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. K. Turf: A groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. L. Water Wise Plants: Those plants that are evaluated as needing "moderate" (40-60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available at: Department of Water Resources Bulletins and Reports P.O. Box 942836 Sacramento, California 94236-0001 Other sources of water wise plant classifications may be used if approved by the City's Community Development Director. M. Water Budget Calculation: The Maximum annual Applied Water Allowance shall be calculated using this formula: MAWA = (ETo) (0.62)1(0.7 x LA) + (0.3 x SLA)] MAWA = Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (53.1 inches per year for the City of Diamond Bar). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area N. Weather Based Irrigation Controller: An irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 8.14.040 Compliance Requirements. Applicants for New Development proposing new or altered landscaping shall comply with each of the following requirements in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to Section 8.14.050. A. Landscape Plan: Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot as determined by the Community Development Department. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. B. Use of Turf and Water Wise Plants: 1. The landscape area of projects proposing exclusively commercial or industrial uses shall be designed without the use of turf and with 100% water wise plants. Notwithstanding that requirement, projects may use turf where a specific turf type is proposed for any required bio-swale or bio -filter systems, or areas adjacent to pedestrian traffic where walking travel or crossings are expected. These walking areas would include corner lot locations or linear areas located along pedestrian routes. 2. Turf is the appropriate choice in parkways where vehicle parking is permitted adjacent to the parkway curb. The parkway may include one (1) or a maximum of two (2) non -permanent hardscape areas where space permits. The non -permanent hardscape area can be pervious pavers, decomposed granite, brick on sand, concrete pavers, or other similar materials approved by the Community Development Director, and may serve as a pedestrian landing between the parkway curb and the sidewalk. Each non -permanent hardscape area may be no larger than four feet in width, and be installed and sized in such a manner that it can be easily removed should the City or its permittees conduct work in the parkway area. The pedestrian landing area must be a minimum of five feet away from any street tree and three feet away from any meter boxes, cable boxes, transformers, street lights, or other objects lawfully permitted in the right-of-way. 3. Where parking is not permitted adjacent to the parkway curb, the parkway shall be designed using 100% water wise plants. 4. The landscape area of single family residential, multi -family residential, mixed use, and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. Approved turf parkways shall not be counted toward the 40% turf limitation. 5. Turf is not permitted in medians or parking lot landscape finger planters. 6. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 7. Notwithstanding subsections 1 and 2 above, additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities, or for an approved functional use. Approved turf areas may be watered at 1.0 of the reference evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcovers planted from flats, mulch shall be installed to an average thickness of 1 Y2 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. Water Budget Calculations (Section 8.14.030.M. above) shall be shown on Irrigation Plans. 3. An automatic irrigation system is required and shall include a weather -based irrigation controller, including a rain shut-off sensor. 4. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 5. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 6. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. 7. Pressure regulators may be required on the irrigation system as determined by the City. 8.14.050 Exceptions. Exceptions to these Landscape Water Conservation Standards may be granted by the City's Community Development Director upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the Community Development Director at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 8.14.060 Submittals. A. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. The landscape plan shall be prepared in accordance with the provisions of the California Business and Professions Code relating to the practice of landscape architecture (Business and Professional Code Section 5641 et seq.). C. The landscape plan shall include a "Statement of Compliance" in a form approved by the Community Development Director certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan. 8.14.070 Determination of Conforming Installation. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the Community Development Department that the installation substantially conforms to the approved landscape plan prior to a final City landscape inspection or occupancy being requested. 8.14.080 Compliance Verification. Verification of compliance with this Chapter, as applicable, shall be made by the Community Development Department in accordance with the following requirements: A. No building permit shall be issued unless the following requirements have been satisfied: 1. The Statement of compliance required by Section 8.14.060.C. above has been included on the final landscape plan submitted for plan check approval. 2. A maintenance schedule as required by Section 8.14.090 has been submitted for plan check approval. B. No building permit shall be given a final landscape inspection or issued a permanent certificate of occupancy until the Community Development Department receives a written determination of conforming installation as required by Section 8.14.070 and a written statement as required by Section 8.14.090 affirming that the maintenance schedule will be adhered to by those person(s) responsible for landscape maintenance. 8.14.090 Landscape and Irrigation Maintenance Schedule. A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Statement of Compliance. B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. D. A project applicant is encouraged to implement sustainable or environmentally -friendly practices for overall landscape maintenance. 8.14.100 Existing Landscapes. The following provisions apply to existing landscapes, as defined in Section 8.14.020.8 of this Chapter: A. For landscapes served by a single water meter, the City may require the following, including but not limited to: irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use, and to provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (.80) (ETo) (LA) (0.62). All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. B. For landscapes that do not have a meter, the City may require the following, including but not limited to: irrigation surveys and irrigation audits to evaluate water use, and to provide recommendations as necessary to prevent water waste. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. C. The City may collaborate with the local water purveyor(s) to define each entity's specific responsibilities relating to this ordinance." SECTION 2: CEQA. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. SECTION 3: FINDINGS. The City's findings and evidence in the record that its water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance is as follows: A. The ordinance is applicable to all new or altered development subject to discretionary review by the City. B. Under the ordinance, landscaping shall be designed and irrigated so not to exceed 70% of the local evapotranspiration rate (ETo) established by the State for the City of Glendora and surrounding areas of Los Angeles County. C. Under the ordinance, landscape areas for commercial and industrial projects must use 100% water wise plants without turf, with only minor exceptions. D. Under the ordinance, landscape areas for residential, mixed use, and institutional type projects shall be designed with less than 40% turf and non -water wise plant materials. E. Under the ordinance, automatic irrigation systems are required and shall be designed to avoid overspray and runoff with optimum distribution uniformity and setbacks from hardscape, and shall employ a weather - based irrigation controller with a rain shut off sensor and check values at the end of each line to hold water in the system, preventing unwanted drainage from sprinkler heads. F. Exceptions to the ordinance standards are allowed only upon a finding that alternative design will promote equivalent or greater water conservation. G. Under the ordinance, installation and compliance verifications are required of the landscape designer. H. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. 1. Under the ordinance, the identification of water wise plants matches that used by the California Department of Water Resource's in its Model Water Efficient Landscape Ordinance; namely, the "Water Use Classification of Landscape Species" prepared by the University of California Cooperative Extension. SECTION 4: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. SECTION 5: SUMMARY. Pursuant to Government Code Section 36933(c)(1), the City Clerk was designated to prepare and has published a summary of this ordinance, and a certified copy of it was posted in the Office of the City Clerk a minimum of five days before the City Council's public hearing to consider adoption of the ordinance. SECTION 6: PUBLICATION. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen calendar (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Diamond Bar. SECTION 8: EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this day of November, 2009.