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
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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
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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
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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
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C.,.
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
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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.