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HomeMy WebLinkAbout01/19/2010.,.,..... ('11V of Diamond Bar CityAgendaCouncil Tuesday, January 19, 2010 5:45 p.m. - Closed Session - Room CC -8 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Steve Tye Mayor Mayor ProTem Ling -Ling Chang Ron Everett Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano • City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same, THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA January 19, 2010 Next Resolution No. 2010-01 Next Ordinance No. 01(2010) CLOSED SESSION: 5:45 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.8 Property Address: 21810 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: Behringer Harvard Western (Portfolio) P.O. Box 190700 San Francisco, CA 94119-0700 Under Negotiation: Price and Terms of Payment CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: 6:30 p.m. Mayor Ahmad H. Sakr, Ph.D Islamic Education Center Council Members Chang, Everett, Tanaka, Mayor Pro Tem Tye, Mayor Herrera 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. January 19, 2010 . PAGE 2 APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to Lorbeer Middle School Team Members and Faculty Advisors for winning the Diamond Bar Friends of the Library "Fifth Annual Read Together Diamond Bar Middle School Challenge". 1.2 Presentation of Certificates of Recognition to Winners of the Diamond Bar Home Holiday Decorating Contest for 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the 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 voluntarv). 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 Neighborhood Traffic Management Program (NTMP) Meeting Cleghorn Dr./Gold Nugget Ave., — January 21, 2010 — 7:00 p.m., AQMD/Government Center Room CC -6, 21865 Copley Dr. 5.2 Planning Commission Meeting — January 26, 2010 _ 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Parks and Recreation Commission Meeting — January 28, 2010 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — February 2, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of December 15, 2009 — Approve as submitted. January 19, 2010 PAGE 3 6.2 Planning Commission Minutes — Regular Meeting of October 13, 2009 — Receive and file. 6.3 Ratification of Check Register — Dated December 10, 2009 through January 13, 2010 totaling $3,701,937.61. Requested by: Finance Department 6.4 Treasurer's Statement - Month of November, 2009. Recommended Action: Approve. Requested by: Finance Department 6.5 Transmittal of Comprehensive Annual Financial Report for the Year Ended June 30, 2009. Recommended Action: Receive and File. Requested by: Finance Department 6.6 Accept Resignation of Audrey Hamilton, the City's Member of the Greater Los Angeles County Vector Control Board; and Appoint Mayor Pro Tem Steve Tye to Fill the Unexpired Term. Recommended Action: Accept and Appoint Requested by: Mayor 6.7 Appropriate $117,500 from the Traffic Improvement Fund and Approve Contract with Fehr & Peers in the Amount of $117,500 for Traffic and Transportation Planning Services. Recommended Action: Appropriate and Approve. Requested by: Public Works Department 6.8 Approval of License Agreement with New Cingular Wireless PCS, LLC, a Delaware Corporation, (AT&T) to Construct a Wireless Communications Site at Summitridge Park. Recommended Action: Approve. Requested by: City Manager January 19, 2010 PAGE 4 6.9 Approve Plans and Specifications and Award a Construction Contract to Freeway Electric, Inc. for the Traffic Signal Battery Back - Up System Project at Golden Spgs. Dr. and Diamond Bar Blvd., Golden Spgs. Dr. and Brea Canyon Rd., Golden Spgs. Dr., and Ballena Dr., Diamond Bar Blvd., and Pathfinder Rd., and Diamond Bar Blvd. and 'Mountain Laurel Way in the Amount of $54,540; and, Authorize a Contingency Amount of $5,500 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $60,040. Recommended Action: Approve and Award. Requested by: Public Works Department 6.10 Adopt Resolution No. 2010 -XX: Establishing an Approved Vendor List as Defined in Ordinance No. 05(2006). Recommended Action: Adopt. Requested by: Finance Department 6.11 Adopt Resolution No. 2010 -XX: Approving the Application for Statewide Park Program Grant Funds for the Development of the Washington Street Mini Park. Recommended Action: Adopt. Requested by: Community Services Department 7. PUBLIC HEARINGS: 7.1 (a) Adopt Urgency Ordinance No. OX(2010)U Amending Zoning Regulations Governing Live Entertainment and Dancing in Bars and Nightclubs and Other Public Assembly Venues in the City, Making Conforming Changes to Title 5 of the Municipal Code (Business Licensing) and Amending the Diamond Bar Municipal Code. (b) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. OX (2010): Amending Zoning Regulations Governing Live Entertainment and Dancing in Bars and Nightclubs and Other Public Assembly Venues in the City, Making Conforming Changes to Title 5 of the Municipal Code (Business Licensing) and Amending the Diamond Bar Municipal Code. January 19, 2010 PAGE 5 Recommended Action: Receive Staff's Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing and: (a) Adopt Urgency Ordinance No. 0X(2010); and, (b) Approve for First Reading by Title Only, waiving Full Reading of Ordinance No. 0X(2010). 8. COUNCIL CONSIDERATION: None. 9. 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 DECEMBER 15, 2009 CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Randy Lanthripe, Church of the Valley, gave the invocation. ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tem Steve Tye, and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Lauren Hildago, Public Information Specialist; Cecilia Arellano, Public Information Coordinator; Patrick Gallegos, Management Analyst; and Tommye Cribbins, City Clerk. Michael Jenkins, City Attorney arrived at 6:45 p.m. APPROVAL OF AGENDA: SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tanaka presented a Certificate of Recognition to Diamond Bar High School student Timothy Huang for being named "Leo of the Year" by the Lions Club International. 1.2 Council Members along with Jody Roberto and Sherry Robman representing the D.B. Community Foundation and a representative with Assemblyman Curt Hagman's Office presented Certificates of Recognition and prize money to "Diamond Bar through My Lens" Photo Contest Winners. NEW BUSINESS OF THE MONTH: 1.3 MPT/Tye presented a City Tile to Misora Sushi, 2040 S. Brea Canyon, as New Business of the Month for December 2009. No one was able to be present to receive the award. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. DECEMBER 15, 2009 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Robert Velazquez, 24336 Seagreen, said he believed that D.B. should work to preserve open space and as a result, was opposed to the renewal of the Gary Neely contract (Consent Calendar Item 6.5). Grace Lim -Hays, 21323 Cottonwood Ln., asked for clarification as to what services Gary Neely was expected to provide the City for the next 24 months (Consent Calendar Item 6.5). 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to the two speakers who had questions and concerns about Consent Calendar Item 6.5, a proposed 24 -month renewal of the Gary Neely contract. Mr. Neely's present contract for 18 months concludes at the end of December. Mr. Neely has been used very infrequently during the past 18 months. The City was invoiced for July 2008 services and for September, October and November 2009 for the National Parks Service study. Should the contract be renewed, CM/DeStefano would presume that Mr. Neely's services would continue to be used on an infrequent basis and primarily for the National Parks Service study area, open space resources, etc. M/Herrera responding to Mr. Velasquez stated that the City of D.B. is opposed to the National Park Service plan and that the City's consultant prepared what the City asked him to prepare. It is the position of the City that local control and not National Park Services is best to determine the use of land within the City boundaries and within the City's Sphere of Influence. There are other agencies that are opposed to being arbitrarily included in the National Park Service and its plan. Further, Mr. Neely works on whatever the City Manager asks him to work on as needed. MPT/Tye stated that the National Parks Service representative commented that Mr. Neely knew what he was talking about and that he had done his homework and that is exactly the type of expertise the City of D.B. needs. It is important to understand that the National Park Service has to follow rules just like everybody else. During that meeting, the comment was made by the facilitator when questioned by a resident of D.B., that it was important for the National Park Service to give guidance to Congress because Congress doesn't always understand what is being discussed. MPT/Tye stated that a comment had been made that the National Park Service was an organization that felt that their role was more important than the role of Congress which he believes is very, very dangerous. In short, he appreciates Mr. Neely's expertise in that area. DECEMBER 15, 2009 PAGE 3 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Washington Street Mini Park Public Meeting — December 17, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Holiday Diamond Ride — through January 1, 2010 — for Holiday Shopping around town. 5.3 Christmas Holiday — December 24 and 25, 2009 — City Offices will be closed in observance of the Christmas Holiday. City Offices will reopen Monday, December 28, 209 at 7:30 a.m. 5.4 Holiday Tree Curbside Collection Program — December 26, 2009 through the middle of January 2010. Trees free of decorations and flocking may be left at the curb on trash day for free pickup during this period. Any tree over 6 feet in height must be cut in half. 5.5 New Year's Holiday — January 1, 2010 — City Offices closed Friday, January 1, 2010 in observance of the New Year's Holiday. City Offices will reopen Monday, January 4, 2010 at 7:30 a.m. 5.6 City Council Meeting — January 5, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Everett moved, MPT/Tye seconded, to approve the Consent Calendar with Item 6.5 pulled for further consideration. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES - Regular Meeting of December 1, 2009 — Approved as submitted. 6.2 RATIFIED CHECK REGISTER - Dated November 25, 2009 through December 9, 2009 totaling $688,982.15. 6.3 ADOPTED RESOLUTION NO. 2009-44: ESTABLISHING A POLICY FOR THE DISTRIBUTION OF TICKETS AND PASSES RECEIVED BY THE CITY PURSUANT TO THE NEW AMENDMENTS TO CALIFORNIA FPPC RULE 18944.1(c). 6.4 APPROVED ADJOURNING THE DECEMBER 15, 2009 CITY COUNCIL MEETING TO JANUARY 19, 2010. DECEMBER 15, 2009 PAGE 4 CITY COUNCIL 6.6 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF CASTLE ROCK ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $22,785 AND AUTHORIZED A CONTINGENCY AMOUNT OF $5,600 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $28,385. (b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT — RECOVERY (CDBG-R) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF EVERGREEN SPRINGS ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $53,310 AND AUTHORIZED A CONTINGENCY AMOUNT OF $13,200 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $66,510. ITEMS WITHDRAWN FROM CONSENT CALENDAR 6.5 APPROVAL OF AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH GARY L. NEELY, EXTENDING THE AGREEMENT AT THE MONTHLY AS -NEEDED RATE OF $1,620 FOR A PERIOD OF TWENTY-FOUR MONTHS, COMMENCING JANUARY 1, 2010 AND EXPIRING DECEMBER 31, 2011. C/Everett asked if staff had any additional information on comments made during the City Manager's response to public comments. CM/DeStefano responded that the staff report that was prepared and distributed to Council Members last Friday indicated that through the last 18 month period of the contract the City had been invoiced only once for a total of $1,620. As he had stated previously he had just received today, an additional invoice for the months of September, October and November for a total of $4,860 and if approved would result in a grand total during the 18 -month contract period of $6,480. This is the only additional information from that which the City Council Members received in the staff report. C/Everett asked if the format of consulting services agreement with Mr. Neely was new or had been in place since inception. CM/DeStefano responded that Mr. Neely has been contracted to serve the City of D.B. over a number of years. The contract has changed slightly over the years. The contract that will reach expiration at the end of December 2009 was a new contract that provided additional terms and conditions and was initiated in July 2008. Staff is recommending that the DECEMBER 15, 2009 PAGE 5 CITY COUNCIL City Council continue the in-place contract for an additional 24 -months commencing January 1, 2010. C/Everett stated he was troubled by the format, lack of statement of abilities and skills and that no resume was attached and asked if this was the only way the Council can do business or is there another way that is more typical in the City of D.B. CM/DeStefano stated that in this particular case, this is an extension of an existing contract which allows for not incorporating those particular documents within this agenda item. If this were a new engagement with a consultant that the City had not previously utilized staff would have provided the Council with background information on the consultant and his firm as well as other proposals that were reviewed in order to procure the services. C/Everett said he was troubled by the City receiving invoices today for three months of work. He wanted to know if the City had conducted any performance reviews within the past 12 months. CM/DeStefano stated No; however, the City has indirectly conducted ongoing reviews of the consultant's work in that the City has continued the service through each of the contract terms. C/Everett said he would prefer to handle this at the next meeting to give him an opportunity to research the matter. C/Tanaka said he also had concerns about the contract which he opposed 18 months ago and continues to oppose. His concerns include the infrequency of the use of Mr. Neely, lack of formal reports to the Council, poor billing practices and the value of the information provided. The majority of the information received from Mr. Neely is in the form of forwarded newspaper articles. He said he is also very concerned about the appearance of a conflict of interest. He therefore will not be voting for this contract. MPT/Tye asked what conflict of interest concerns the previous speaker and C/Tanaka had. In the body of Mr. Neely's work there has never been a conflict of interest. Mr. Neely does not have a vote on anything that would represent a conflict of interest. MPT/Tye said he has no idea what C/Tanaka talks about when he speaks about a conflict of interest. If the Council judges Mr. Neely's by the body of work he performs, this is an individual who has provided consulting services for the City and has the character not to bill if he does not provide any services. Previously, Mr. Neely was on retainer and is now on an as -needed basis. If Mr. Neely bills he gets blasted and when he doesn't bill he gets blasted for billing late. MPT/Tye wanted to know if Council Members who found fault with DECEMBER 15, 2009 PAGE 6 CITY COUNCIL this consultant had actually read other consultant's reports and had issues with any of those reports because no one has commented on any other consultant's reports. If Council Members need to say they do not like the individual and will not vote for him MPT/Tye understands that and would appreciate an honest response. If Council Members are going to look at the body of work and realize that Mr. Neely keeps the National Parks Service on their toes. He would like to know of another consultant that has provided the City with the information that led to a grant coming to the City of D.B. Mr. Neely has more than paid for his services. MPT/Tye said he did not know if the City got as much benefit from the Sacramento consultant who is on retainer for $3,000 a month. He has no intention of minimizing what other consultants' do for the City but it is difficult for him to sit on the dais and listen to an individual's character being impugned for what MPT/Tye believes are personal or political reasons. The City Council needs to look at this item as a business decision only and decide whether this is a good business decision for the City of D.B. He again asked for a single incident of a conflict of interest during the entire time Gary Neely has been a consultant for the City of D.B. C/Chang said that she believed that this consultant was to be utilized on an as -needed basis. This is not a lump sum contract. According to some of the items discussed it may be prudent to discuss what the Council is looking for in terms of a report and that may be a solution to some of the concerns. She said she is very comfortable with renewing the contract on an as -needed basis as previously required and approved. M/Herrera said the evaluation measurement is solely whether or not the City Manager and his staff are satisfied with the work product that was prepared which itself is an evaluation. If the City Manager is not satisfied with the quality or content, that individual would not be asked to provide further work product. If the City Manager is not satisfied and no further work is needed there is no monies expended. There are a lot of controls factored into the contract to the point that this individual has specific knowledge about certain organizations and from time to time as the City becomes involved with those different organizations or as those organizations attempt to exert their will on the City of D.B. and its boundaries. The City may need to engage an individual to help staff with its preparation and Mr. Neely has specific knowledge and specific skills that fill those needs on an as -needed basis. It is up to the City Manager to determine what the work load is and what it is that staff needs and on occasion Mr. Neely provides that on a demand basis. As to the infrequency of billing, how can one bill if there has been no work to bill. M/Herrera said she believed the City Council had all of the information necessary to move forward with a decision on this item. DECEMBER 15, 2009 PAGE 7 CITY COUNCIL M/Herrera moved, MPT/Tye seconded, to approve Consent Calendar Item 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: Everett, Tanaka ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARING — ADOPT RESOLUTION NO. 2009-45: APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION FOR 2010-2011 IN THE AMOUNT OF $355,490. ACM/Doyle stated that this resolution is the allocation plan for the Community Development Block Grant funds which are Federal funds that are passed from Washington to the Los Angeles County Community Development Commission and on through to the City. It is estimated that for 2010-2011 the City will receive $355,490 which will need to be appropriately allocated under the guidelines of the CDBG program. This program provides for a maximum of 15 percent or $53,324 to be used for public service such as the City's senior program staff and supplies, YMCA childcare and equally among the four senior groups primarily for event insurance coverage. CDBG allows the City to charge a maximum of 10 percent for support services ($35,549). The remaining funds are used to benefit the community. Staff is recommending these remaining funds be used as follows: $100,000 for home improvement, $50,000 for the ADA retrofit for certain mini parks (additional fund allocations may be requested to fully fund the mini park project in the future) and, $116,617 for curb ramp installation. M/Herrera opened the Public Hearing. Jane Taylor, CEO, Pomona Valley YMCA, reminded Council that the funds provided by the City are crucial to the young people of this community. With the economic downturn the YMCA has noticed that parents who were previously able to afford childcare are now coming to the YMCA for assistance. She thanked the City Council for its support. ACM/Doyle stated that there was an additional $5,000 allocated as part of the public service allocation for Daycamp. M/Herrera closed the Public Hearing. C/Everett moved, C/Chang seconded, to Adopt Resolution No. 2009-45: approving the community development block grant program allocation for 2010-2011 in the amount of $355,490. Motion carried by the following Roll Call vote: DECEMBER 15, 2009 PAGE 8 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVAL OF A TWO-YEAR DIAMOND RIDE (DIAL -A -CAB) SERVICES CONTRACT WITH DIVERSIFIED TRANSPORTATION, LLC, FROM JANUARY 1, 2010 TO JANUARY 1, 2012. PWD/Liu reported that in November the City distributed a Request for Proposal (RFP) to provide Dial -A -Cab service for two years. The RFP was prepared following a review of the current program and how the service could best be enhanced. The RFP set the standards and requirements for D.B. service with such characteristics as hours of operation, dedicated telephone number for users, response time, pick- up/drop-off standards, service areas, fares, share rides and mandatory monthly meetings. The City received three responses. Staff reviewed the proposals and conducted interviews with Diversified Transportation and Network Priority Transit Systems. Staff evaluated each firm's capital and operating resources, financial statements, customer service programs and training, driver qualifications and training as well as, the companies' experiences with Dial -A -Cab service in the region. Going forward, staff believes that an established Dial -a -Cab experience as well as, a strong financial foundation are essential ingredients for carrying out the responsibility of serving approximately 1400 registered Diamond Ride users. Diversified Transportation is the company that will continue to provide our users a reliable and cost-efficient service. Through the RFP process several beneficial components of the Diversified proposal were revealed that will add to the new contract as follows: 1) A 50 percent reduction from the current administrative fee of 10 percent to 5 percent; 2) a guarantee to maintain the $2.50 per mile meter rate and $2.50 flag guard rate for the next two years; 3) additional wheelchair accessible taxis to better serve the users; 4) an enhanced reservation system that will speed the gathering of service data for reporting and for maximization of shared rides; 5) a computerized dispatch system with GPS tracking software using non-verbal data communications between dispatchers and drivers; and, 6) a comprehensive custom training program for dispatchers and drivers. Staff recommends approval of the two-year Diamond Ride Services Contract with Diversified Transportation LLC beginning January 1, 2010 and continuing to January 1, 2012. C/Everett said that on December 1 a number of residents spoke about the service and left questions that called for follow up. He asked PWD/Liu if follow up was done and what level of resolve was achieved that might add to this report. DECEMBER 15, 2009 PAGE 9 CITY COUNCIL PWD/Liu stated that during the last City Council meeting Mr. and Mrs. Siegler expressed concerns about the wait time. That evening, Larry Slagel from Diversified was present. On Tuesday, December 8, Mr. Slagel met Mr. and Mrs. Siegler at their home to discuss specific concerns. Mr. Slagel looked at six months of history in an attempt to understand what happened. In short, there were no instances recorded and there was no information available that indicated that delivery of service was not provided within acceptable Diamond Bar standards. The Sieglers were notified of Diversified's efforts and were satisfied. Further, as a gesture of good will, the cab company also presented the Siegler's with 20 free ride coupons for future use. Staff followed up with the Sieglers on December 9 and both Mr. and Mrs. Siegler said they were happy with the findings and had no issues with the cab company or with the Dial -A -Ride program. There was no one present who asked to speak on this item. MPT/Tye thanked Mr. Slagle for taking the initiative to immediately speak with the Sieglers that same evening to address their issues and look into the matter. He was concerned that the ride in question did not appear in the history but he was pleased that the Sieglers were satisfied. MPT/Tye moved, C/Everett seconded, to approve a two-year Diamond Ride (Dial -A -Cab) Services Contract with Diversified Transportation, LLC from January 1, 2010 to January 1, 2012. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2009-46: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. M/Herrera moved, C/Tanaka seconded, to ratify the Council Committee Appointments and Adopt Resolution No. 2009-46: Confirming the appointment of specific representatives to the San Gabriel Valley Council of Governments as listed below. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 15, 2009 PAGE 10 CITY COUNCIL ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Tye Tanaka Foothill Transit Board Herrera Tye Four -Corners Transportation Policy Group Herrera Chang Greater L.A. County Vector Control District Hamilton City Council Goals/City Manager Evaluation Joint Powers Insurance Authority Tye Everett L.A. County Sanitation District No. 21 Herrera Chang L.A. County City Selection Committee Herrera Tye League of CA Cities — L.A. County Division Chang Everett San Gabriel Valley Council of Governments Herrera Tye Southern California Assn of Governments (SCAG) Chang Everett Tres Hermanos Conservation Authority Herrera Tye Wildlife Corridor Conservation Authority (WCCA) Tanaka Chang Wildlife Corridor Conservation Authority Advisory Davis Rogers STANDING COMMITTEES Economic Development Chang Everett Neighborhood Improvement Tanaka Tye Public Safety Committee Herrera Tye AD HOC COMMITTEES Tye City Council Goals/City Manager Evaluation Herrera Tye Industry East Development Advisory Committee Herrera Everett Legislative Chang Everett Lighting/Landscape Assess Dist subcommittee Tanaka Everett Sphere of Influence/Annexation Herrera Everett LIAISON Chamber of Commerce Diamond Bar Community Foundation Library PUSD/City Senior Citizen WVUSD/City Everett Tanaka Chang Tanaka Everett Tanaka Tanaka Everett Tanaka Herrera Tye Chang 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Everett congratulated the participants and winners of "Through My Lens". On Monday, December 14 individuals can sign up via e -subscriptions to get weekly news updates online and forward questions and concerns to public information. With respect to Consent Calendar Item 6.5 he is very frustrated because he is troubled by a perception of conflict of interest. National Parks Service is supported by Congressman Miller, State Senator Huff and Assemblyman Hagman and the City of D.B. He has trouble with the format of the agreement and he has not properly articulated his concerns. He trusts that all enjoyed the Thanksgiving holiday and will enjoy the December holidays. His mother-in-law Marian J. Hillner passed away Friday at 97 and although there is sadness in his home he and his wife appreciate the legacy his mother-in-law has left to her DECEMBER 15, 2009 PAGE 11 CITY COUNCIL family. He wished everyone a happy, healthy and prosperous new year C/Tanaka reported on his attendance at the WCCA meeting, the Volunteers on Patrol dinner and the DBHS fundraising dinner where he and his wife were honored for supporting the DBHS arts. He thanked the Brahma Foundation, parents, students and the City as well as, the DBHS Leo Club. He attended the Candy Cane Craft Fair, the Double Eagle Scout Court of Honor for Troop 777 (Andrew Lee and Mathew Hahn); the Diamond Bar Seniors Holiday Dinner and Dance; and the Diamond Bar Senior Citizens Club Christmas luncheon. He wished everyone a Merry Christmas and Happy New Year and Happy Holidays to everyone during this season. He asked that M/Herrera adjourn the meeting in memory of C/Everett's mother-in-law. C/Chang congratulated C/Tanaka and his wife Wanda for being honored by DBHS. She congratulated all of the D.B. Through My Lens award recipients. Last year she served as a judge and it was difficult to pick from all of the wonderful photos. She congratulated Timothy Huang on being named Leo of the Year. This is the fifth year in a row that the Leo of the Year was a DBHS student. Last week she presented a certificate on behalf of the Diamond Bar City Council to resident Echo Lew for two art exhibitions at his museum in Pomona. She thanked staff for helping her get settled and acclimated into her new position. She wished everyone happy holidays! MPT/Tye attended the D.B. Performing Arts Showcase honoring Jack and Wanda Tanaka. He thanked the Diamond Bar Community Foundation for all that they do and their participation in "Through My Lens" and other programs that benefit the City. Anyone who would like to become involved is welcome to do so. He wished everyone a very Merry Christmas and happy holidays and a safe and happy New Year. M/Herrera wished everyone a very safe holiday season and Happy New Year. RECESS: M/Herrera recessed the meeting at 8:00 p.m. to Closed Session. RECONVENED: Following the Closed Session, M/Herrera reconvened the Regular Session where CA/Jenkins announced that Council met in Closed Session; however, there was no reportable action taken. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 8:45 p.m. to January 19, 2010 in honor of C/Everett's mother-in-law, Marian J. Hillner. TOMMYE CRIBBINS, CITY CLERK DECEMBER 15, 2009 PAGE 12 CITY COUNCIL The foregoing minutes are hereby approved this day of 12010. CAROL HERRERA, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 13, 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 Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director Katherine Laufenburger, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 22, 2009. C/Shah moved, C/Nolan seconded, to approve Regular Meeting Minutes of September 22, 2009, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Lee, Nolan, Shah, VC/Nelson Chair/Torng None None OCTOBER 13, 2009 PAGE 2 7. PUBLIC HEARINGS: PLANNING COMMISSION 7.1 Conditional Use Permit No. 2009-07 - Under the authority of Diamond Bar Municipal Code Section 22.58, Mathnasium of Diamond Bar submitted a request to provide math tutoring for students between 6 and 17 years of age. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 2020 Brea Canyon Road, A-3 Diamond Bar, CA 91765 Plaza Diamond Bar Partners, LLC 3029 Wilshire, Suite 202 Santa Monica, CA 90403 Terry Liu 3728 Missouri Street West Covina, CA 91792 PT/Tobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Nelson asked if all of the buildings were on separate parcels. AP/Tobon responded that building 2020 and 2040 are on the same parcel. Parking is reciprocal because it is all under the same ownership. There were no ex parte disclosures. Chair/Torng opened the public hearing. Terry Liu, applicant, explained that he was opening a math tutoring center. Mathnasium is a franchise with about 170 centers in the United States and about 100 outside of the United States. Every program is specific to the student. Students visit the center twice a week for about an hour each session. This program focuses on filling the gaps and assisting students with their school homework. C/Lee asked Mr. Liu to repeat the students' ages and Mr. Liu responded that the sessions are for grades second through twelfth. Chair/Torng asked if Mr. Liu agreed with staff's conditions for the approval and Mr. Liu explained that he was fine with the conditions as written. OCTOBER 13, 2009 PAGE 3 PLANNING COMMISSION Mo Salimxua, operator, Chevron Station at Pathfinder and SR/57 asked if this was intended to be a school and asked if students would be going in and out. PT/Tobon explained that this is a tutoring center and students would visit the property after school hours when parents drop them off for their session and picked up after the session. Chair/Torng closed the public hearing. C/Lee said he went to Los Angeles and visited a tutoring center and when he came out of his business at about 6:00 p.m. about 16 or 17 kids were gathered together and smoking. He asked the security guard to warn the kids and the security agent told him not to bother the young folks. C/Lee asked Mr. Liu if he had a way to supervise the kids gathered outside of his establishment. Mr. Liu responded that parents sign an agreement that they will pick up their kids after the class because his franchise does not want the liability of students hanging around outside of the center. There is a waiting area inside where children remain until their parents pick up their kids. If he were to see anything unusual he would talk with the student and the parents and would counsel them on proper behavior. C/Nolan moved, VC/Nelson seconded, to approve Conditional Use Permit No. 2009-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Comprehensive Sign Program No. 2008-03 — Under the authority of Diamond Bar Municipal Code Section 22.36.060, the applicant requested approval of a comprehensive sign program for Golden Springs Plaza. The new sign program includes design standards for building mounted signs on the first and second floors, and one monument sign on Golden Springs Drive to provide signage for existing and future tenants in the new building. PROJECT ADDRESS: 20657 Golden Springs Drive Diamond Bar, CA 91765 OCTOBER 13, 2009 PAGE 4 8. 9. PROPERTY OWNER PLANNING COMMISSION Lin Yan Management 18856 Amar Road, Suite 6 Walnut, CA 91789 APPLICANT: Signs Express 1438 Santa Anita Avenue South EI Monte, CA 91733 SP/Laufenberger presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program No. 2008-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Terry, applicant, said he was present to answer any questions the Commission might have. He confirmed to Chair/Torng that he would comply with all conditions imposed by staff. Chair/Torng closed the public hearing. C/Nolan moved, VC/Nelson seconded, to approve Comprehensive Sign Program No. 2008-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lee, Nolan, Shah, VC/Nelson, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman reported that staff researched the Thai Harmony Cafe sign at the 7 -Eleven Center at the request of VC/Nelson. There was no original OCTOBER 13, 2009 PAGE 5 PLANNING COMMISSION permit issued for neon when that sign cabinet was first installed and as a result, code enforcement has issued a courtesy notice which is the first step in the enforcement process requiring removal of the neon. Staff will follow through and hope to get compliance without having to escalate the enforcement process further. CDD/Gubman stated that tomorrow morning the LAFCO Commission will decide whether or not to grant final approval for the Crestline annexation. Staff anticipates the approval will be granted. Tomorrow is the protest hearing which allows Crestline residents to formally protest the annexation into the City of Diamond Bar and staff does not anticipate any opposition because the annexation was initiated at the request of many Crestline residents who wished to become part of Diamond Bar. Staff will provide a follow up report to the Commissioners following tomorrow's decision. 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 7:22 p.m. The foregoing minutes are hereby approved this 10th day of November, 2009. Attest: Respectfully Submitted, Greg Gubman Community Development Director ony Torng, Chair an CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.3 Meeting Date: January 19, 2010 AGENDA REPORT FROM: James DeStefano, City Manak--)-p TITLE: Ratification of Check Register date December 10, 2009 through January 13, 2010 totaling $3,701,937.61. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $3,701,937.61 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 December 10, 2009 through January 19, 2010 for $3,701,937.61 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: �fl —Finan e birector Assistant 6fy ffanager Attachments: Affidavit and Check Register -12/10/09 through 01/13/10. 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 December 10, 2009 through January 19, 2010 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Community Organization Fund Prop A - Transit Fund Prop C - Transit Fund Int. Waste Mgt Fund Traffic Improvement Fund CDBG Fund COPS Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Energy Efficiency Block Grand (EEBG) Fd Capital Improvement Projects Fund Signed: Linda G. Magn sole Finance Director Amount $2,231,373.23 1,500.00 328,011.95 16,700.00 16,017.75 5,585.73 6,122.33 4,600.00 37,496.50 30,073.24 30,203.07 4,823.30 989,430.51 $3,701,937.61 City of Diamond Bar - Check Register 12/10/09 thru 01/13110 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/1012009 09 -PP 25 PAYROLL TRANSFER PIR TRANSFER-09/PP 25 001 10200 176,056.15 $190,004.03 12/10/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 25 112 10200 10,084.65 12/10/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 25 115 10200 3,051.69 12110!2009 IPAYROLL TRANSFER P/R TRANSFER-091PP 25 125 10200 811.54 12/23/2009 09 -PP 26 PAYROLL TRANSFER P/R TRANSFER-09/PP 26 001 10200 159,637.23 $169,943.18 12/23/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 26 112 10200 6,898.95 $691.07 12/23/2009 PAYROLL TRANSFER P/R TRANSFER-09/PP 26 115 10200 2,138.75 1 212 312 009 PAYROLL TRANSFER P/RTRANSFER-091PP 26 125 10200 1,268.25 1/7/2010 10 -PP 01 PAYROLL TRANSFER P/R TRANSFER-10/PP 01 001 10200 151,629.36 $164,346.77 117/2010 PAYROLLTRANSFER PIR TRANSFER-10(PP 01 112 10200 9,205.72 $691.07 1/7/2010 PAYROLL TRANSFER P/R TRANSFER-10/PP 01 115 10200 2,700.15 1/7/2010 PAYROLL TRANSFER PIR TRANSFER-10/PP 01 125 10200 811.54 12/10/2009 87725 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-657 001 23012 820.00 $3,000.00 12/10/2009 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENG SEPT 09 0015510 45221 760.00 $691.07 12/10/2009 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENG OCT 09 0015510 45221 1,420.00 12/10/2009 187726 AGI ACADEMY CORP CONTRACT CLASS -FALL 0015350 45320 1,224.00 $1,224.00 12!10/2009 87727 ALSERTSONS SUPPLIES -RECREATION 0015350 41200 73.14 $129.89 12/1012009 ALBERTSONS SUPPLIES-DB4 YOUTH 0015350 41200 29.03 $691.07 12/10/2009 ALBERTSONS SUPPLIES-DB4 YOUTH 0015350 41200 27.72 12/10/2009 87728 ALL CITY MANAGEMENT SERVICES CROSSING GUARD-OCT/NOV 0014411 45410 8,037.11 $15,284.72 1211012009 1 ALL CITY MANAGEMENT SERVICES CROSSING GUARD-NOV 0014411 45410 7,247.61 $691.07 12/10/2009 1 87729 JANELLE ALVAREZ IFACILITY REFUND-SYC CYN 1 001 23002 50.00 $50.00 12/10/2009 87730 & T PH.SVCS-GENERAL 0014090 42125 25.29 $54.91 12/10/2009 87732 T & T rT PH.SVCS-GENERAL 0014090 42125 29.62 $691.07 12/10/2009 87731 AUDIO VISUAL INNOVATIONS EO MAINT-DBC AV SYS 0015333 1 42200 1200.001 $1,200.00 12/10/2009 87732 BENESYST 12/11/09 -PIR DEDUCTIONS 001 21105 691.071 $691.07 Page 1 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 12/10/2009 87740 VIENNA CHEONG DEP REFUND -EN 09-664 001 23012 500.00 $230.00 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/10/2009 1 87733 IBEST LIGHTING PRODUCTS SUPPLIES -HERITAGE 0015340 1 42210 1 626.861 $626.86 12/10/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 40.99 12/10/2009 1 87734 1JEFFREYBINNER CONTRACT CLASS -FALL 0015350 1 45320 1 1,026.001$1,026.00 12/10/2009 1 87735 ICALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 1 41200 1 226.301 $226.30 12/10/2009 187736 ICALIFORNIA CONTRACT CITIES ASSOC. ICCCA CMGR MTG-9/24 0014030 1 42325 1 23.501 $23.50 12/10/2009 1 87737 ICECILIA ARELLANO JEMPLOYEE COMP LOAN PROG 1 001 1 13135 1 2,455.001$2,455.00 12/10/2009 1 87738 CESA-SC IMEMBERSHP DUES -A SANTOS 0014440 1 42315 1 55.001 $55.00 12/10/2009 1 87739 ICHARTER OAK GYMNASTICS, INC. ICONTRACT CLASS -FALL 0 11535D 1 45320 1 168.001 $16B.00 12/10/2009 87740 VIENNA CHEONG DEP REFUND -EN 09-664 001 23012 500.00 $230.00 1 211 0/2 0 09 1 VIENNA CHEONG DEP REFUND -EN 09-664 001 34650 -270.00 12/10/2009 1 87741 1CONSTANCE J. LILLIE CONTRACT CLASS -FALL 1 0015350 1 45320 1 240.001 $240.00 12/10/2009 87742 J. GRUNDYrp & R COMM -10/22 0015350 44100 45.00 $90.00 12/10/2009 1 JDAVID DAVID J. GRUNDY & R COMMA 1/19 0015350 44100 45.00 12/10/2009 1 87743 JDAY & NITE COPY CENTER IPRINT SVCS -SR NEWSLTTR 1 0015350 1 42110 35.121 $35.12 12/10/2009 87744 CAROL DENNIS PROF.SVCS-P&R MTG 0015310 440011 125.00 $375.00 12/10/2009 CAROL DENNIS PROF.SVCS-CC MTG 12/1 0014030 44000 1 250.00 1 12/10/2009 87745 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 1 42210 1 735.17 $13,111.00 1 211 0/2 0 0 9 DH MAINTENANCE JANITORIAL SVCS -DBC 0015333 1 45300 1 12,250.83 12/10/2009 DH MAINTENANCE ADDL MAINT-HERITAGE PK 0015340 1 42210 1 125.00 12/10/2009 87746 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 11.99 $206.85 12J10/2009 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 101.91 12/10/2009 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 51.96 12/10/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 40.99 Page 2 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12110/2009 87747 DIAMOND BAR PETTY CASH MTGS-I.S 0014070 42325 38.50 $379.41 12/10/2009 DIAMOND BAR PETTY CASH MTGS-COMM SVCS 0015350 42325 5.00 12/10/2009 DIAMOND BAR PETTY CASH MTGS-COM DEV 0015210 42325 10.00 12/1012009 DIAMOND BAR PETTY CASH PARKING-RECRETION 0015350 42410 12.00 12/1012009 DIAMOND BAR PETTY CASH MTGS-SOLID WASTE 1155515 42325 20.00 12/10/2009 DIAMOND BAR PETTY CASH MTGS-RECYCLING 1155516 41200 40.00 12/1012009 DIAMOND BAR PETTY CASH MTGS-P/WORKS 0015510 42325 42.25 DIAMOND BAR PETTY CASH RECORD FEES -GENERAL 0014090 44000 41.75 12/10/2009 DIAMOND BAR PETTY CASH SUPPLIES -RECREATION 0015350 41200 13.18 1211012009 DIAMOND BAR PETTY CASH SUPPLIES-CMGR 0014010 41200 53.19 12/10/2009 DIAMOND BAR PETTY CASH SUPPLIES -ROAD MAINT 0015554 41250 20.35 12/10/2009 DIAMOND BAR PETTY CASH SUPPLIES -GENERAL 0014090 41200 9.58 12/10/2009 DIAMOND BAR PETTY CASH LEAGUE MTG-CMGR 0014030 42330 10.00 12/10/2009 DIAMOND BAR PETTY CASH SUPPLIES-CMGR 0014030 1 41200 1 63.61 12!1012009 12/10/2009 87748 DMS CONSULTANTS CIVIL ENGINEERS INC ST REHAB PROJ-ZONE 3/4 2505510 I 46411 1 41,601 .ou 12/10/2009 87749 DOGGIE WALK BAGS INC IES -COMM SVCS 1 0015340 1 41200 $1,692.25 17/10/2009 87750 IDOLPHIN RENTS INC JEO RENTAL-CRESTLINE EVENT 0014090 4 2,142.48 $2,142.48 2130 12/10/2009 87752 EXCEL LANDSCAPE 12/10/2009 EXCEL LANDSCAPE 12/10/2009 EXCEL LANDSCAPE LNDSCP MAINT-DIST 38 1385538 45500 U,406.UU m0,/zz.Qz LNDSCP MAINT-DIST 39 1395539 45500 11,610.95 LNDSCP MAINT-DIST 41 1415541 45500 4,143.87 12/10/2009 87753 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS-PETERSN 0015340 42210 50.00 $235.00 12/10/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS-HERITAG 0015340 42210 40.00 12/1012009 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS-PANTERA 0015340 42210 30.00 12/1012009 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS -DBC 0015333 45300 75.00 12/10/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 40.00 12/10/2009 87754 FEDEX 1EXPRESS MAIL -GENERAL 0014090 f 42120 { 19.131 $19.13 Page 3 FACILITY REFUND -DBC 001 23002 500.00 $35.00 12/10/2009 87751 MI AE ESTEL 001 36600 465.00 12110/2009 Mt AE ESTEL RETURN CK/FEE 12/10/2009 87752 EXCEL LANDSCAPE 12/10/2009 EXCEL LANDSCAPE 12/10/2009 EXCEL LANDSCAPE LNDSCP MAINT-DIST 38 1385538 45500 U,406.UU m0,/zz.Qz LNDSCP MAINT-DIST 39 1395539 45500 11,610.95 LNDSCP MAINT-DIST 41 1415541 45500 4,143.87 12/10/2009 87753 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS-PETERSN 0015340 42210 50.00 $235.00 12/10/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS-HERITAG 0015340 42210 40.00 12/1012009 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS-PANTERA 0015340 42210 30.00 12/1012009 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS -DBC 0015333 45300 75.00 12/10/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 40.00 12/10/2009 87754 FEDEX 1EXPRESS MAIL -GENERAL 0014090 f 42120 { 19.131 $19.13 Page 3 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 12/10/2009 87758 HALL & FOREMAN, INC. SUPPLIES -DBC 0015333 41200 702.95 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/10/2009 1 87755 IFEHR & PEERS PROF.SVCS-TRFFC ENG 1165510 1 44000 5,585.73 $5,585.73 23012 175.00 $49.87 1211012009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-635 12/10/2009 1 87756 IGASSER OLDS CO INC REPLCMNT-BENCH/PLAQUES 0015310 41200 375.20 $375.20 ADMIN FEE -EN 09-635 001 34650 -43.75 1211012009 12/10/2009 1 87757 IWILLIAM GIEBE CONTRACT CLASS -FALL 0015350 45320 945.60 $945.60 12/10/2009 87758 HALL & FOREMAN, INC. SUPPLIES -DBC 0015333 41200 702.95 $850.95 12/10/2009 IGRAY13AR GRAYBAR SUPPLIES -DBC 0015333 41200 148.00 12/10/2009 87759 HALL & FOREMAN, INC. ADMIN FEE -EN 04-434 001 23012 93.75 $817.00 12/1012009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-434 001 34650 -93.75 12/10/2009 87765 HALL & FOREMAN, INC. PROF.SVCS-EN 09-635 001 23012 175.00 $49.87 1211012009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-635 001 23012 43.75 12/10/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-635 001 34650 -43.75 1211012009 HALL & FOREMAN, INC. PROF.SVCS-EN 09-632 001 23012 100.00 12/10/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-632 001 23012 25.00 12/10/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-632 001 34650 -25.00 1211012009 HALL & FOREMAN, INC. PROF.SVCS-EN 04-434 001 23012 375.00 12/10/2009 IHALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 1 45223 167.00 12/10/2009 87760 HARDY & HARPER INC RETENTIONS PAYABLE 250 20300 -89,886.69 $808,980.18 1 211 0/2 0 0 9 1 HARDY & HARPER INC ST REHAB PROJ-ZONE 3/4 2505510 46411 898,866.87 12/10/2009 1 87761 SHIRLEY HELMER SUPPLIES -GENERAL 1 0014090 1 41200 1 70.04 $70.04 12/10/2009 1 87762 HERNDON P & R COMMA 0122 0015350 44100 45.00 $90.00 12/10/2009 1 ILEW LEW HERNDON P & R COMMA 1119 0015350 44100 1 45.00 12/10/2009 87763 JIMMY HSU FACILITY REFUND -DBC 001 23002 100.00 $16.68 12/10/2009 JIMMY HSU FACILITY INS -DBC 001 36615 -83.32 12/10/2009 1 87764 JIMPACT SIGNS SIGNS -COMM SVCS 1 2505310 46415 329.251 $329.25 12/10/2009 1 87765 JINCONTACT INC ILONG DIST CHRGS-NOV 09 0014090 42125 49.871 $49.87 Page 4 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/10/2009 87766 IPMA-HR MEMBERSHP DUES -V CROSS 0014060 42315 145.00 $145.00 12/10/2009 1 87767 JACKSON'S AUTO SUPPLY SUPPLIES -ROAD MAINT 1 0015554 1 42310 1 13.461 $13.46 12/10/2009 1 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV NOV 0014020 44020 2,865.80 12/10/2009 1 87768 IMOHAMAD R JAHANVASH CONTRACT CLASS -FALL 1 0015350 1 45320 1 72.001 $72.00 12/10/2009 87769 JENKINS & HOGIN, LLP LEGAL SVCS-NOV 09 0014020 44020 7,226.80 $10,413.00 12/10/2009 1 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV NOV 0014020 44020 2,865.80 12/10/2009 87772 JENKINS & HOGIN, LLP LEGAL SVCS -COM SVCS NOV 0014020 44020 17.80 $165.00 12/10/2009 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS NOV 0014020 44020 284.80 12/10/2009 87773 JENKINS & HOGIN, LLP LEGAL SVCS -FINANCE NOV 0014020 44020 17.80 $90.00 12/10/2009 1 87770 JUST TIRES VEH MAINT-COMM SVCS 0015310 42310 1 86.57 $108.51 12/10/2009 1 JUST TIRES VEH MAINT-COMM SVCS 0015310 42310 1 1 21.94 12/10/2009 1 87771 JKATHRYN KEYS CONTRACT CLASS -FALL 1 0015350 1 45320 1 198.001 $198.00 12/10/2009 KIRK STEINKE ELECTRIC MAINT-PARKS 0015340 42210 1 1 180.00 12/10/2009 1 87772 IKIDS CAN DO GYMNASTICS ICONTRACT CLASS -FALL 1 0015350 1 45320 1 165.001 $165.00 12/10/2009 1 87773 ISO HA KIM RECREATION REFUND 1 001 1 34760 1 90.001 $90.00 12/10/2009 1 87774 IYOUNG SEUNG KIM ICONTRACT CLASS -FALL 1 0015350 1 45320 1 327.601 $327.60 12/10/2009 1 87775 KIRK STEINKE ELECTRIC MAINT-SYC CYN PK 0015340 42210 455.00 $635.00 12/10/2009 KIRK STEINKE ELECTRIC MAINT-PARKS 0015340 42210 1 1 180.00 12/10/2009 87776 IGABRIELA KLEIN ICONTRACT CLASS -FALL 1 0015350 1 45320 1 642.001 $642.00 12/10/2009 1 87777 ALOK KUMAR FACILITY REFUND -DBC 001 23002 500.00 $400.00 1 211 0/2 009 1ALOK KUMAR 1ADDL FACILITY CHRGS-DBC 001 36615 -100.00 12/10/2009 1 87778 ICITY OF LA VERNE IPRKG CITE HRGS-NOV 09 1 0014411 1 45405 1 150.001 $150.00 12/10/2009 87779 LANTERMAN DEV CENTER/COMM INDUSTRIE PKWAY MAINT-OCT 09 0015558 1 45503 1 1,982.761 $1,982.76 12/10/2009 1 87780 JKWANG HO LEE PLNG COMM -9/22 1 0015210 1 44100 1 65.001 $65.00 Page 5 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/10/2009 87781 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-459 001 23012 1,534.91 $2,928.91 12/1012009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 23012 276.28 $173.43 12/10/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 34650 -276.28 12/10/2009 87785 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 09-656 001 23012 1,394.00 $612.00 12/10/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-656 001 23012 250.92 12/10/2009 1 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-656 001 34650 -250.92 12/10/2009 87782 BENNY LIANG P & R COMM -10/22 0015350 44100 45.00 $90.00 12/10/2009 1 BENNY LIANG IP & R COMMA 1/19 0015350 44100 1 1 45.00 12/10/2009 1 87783 ISHERI LIEBE I CONTRACT CLASS -FALL 0015350 1 45320 1 108.001 $108.00 12/10/2009 1 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -EN 07-582 001 23012 308.12 12/10/2009 187784 87789 ILOS ANGELES COUNTY PUBLIC WORKS ISUMP PUMP MAINT-OCT 09 0015340 1 42210 1 173.431 $173.43 12/10/2009 1 87785 ISURENDRA MEHTA ICONTRACT CLASS -FALL 0015350 1 45320 1 612.001 $612.00 12/10/2009 87786 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -EN 07-555 001 23012 46.65 $382.87 12/10/2009 1 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -EN 07-582 001 23012 308.12 12/10/2009 87789 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -EN 07-582 001 23012 28.10 $288.00 12/10/2009 87787 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -RECREATION 0015350 41200 51.66 $200.10 12/10/2009 1 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015350 41200 96.78 12/10/2009 87789 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-REC 0015350 41200 51.66 $288.00 12/10/2009 1 87788 STEVE G NELSON JPLNG COMM -9/22 1 0015210 1 44100 1 65.00 $65.00 12/10/2009 1 ELLEN OBENA FACILITY CHRGS-DBC 001 36615 -55.00 12/10/2009 1 87789 IJACQUELINE NG ICONTRACT CLASS -FALL 1 0015350 1 45320 1 288.00 $288.00 12/10/2009 1 87790 JOAK TREE LANES INC ICONTRACT CLASS -FALL 1 0015350 1 45320 1 45.001 $45.00 12/10/2009 87791 ELLEN OBENA FACILITY REFUND-DBC001 0015340 23002 100.00 $45.00 12/10/2009 1 ELLEN OBENA FACILITY CHRGS-DBC 001 36615 -55.00 12/10/2009 87792 PEST CONTROL INC PEST CONTROL SVCS-SYC CYN 0015340 1 42210 66.06 $155.29 12/10/2009 1 JORKIN ORKIN PEST CONTROL INC PEST CONTROL SVCS-PANTERA 0015340 1 42210 89.23 Page 6 City of Diamond Sar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/1012009 87793 BETTY ORTIZ RECREATION REFUND 001 34780 1 81.00 $81.00 12/10/2009 87794 TED OWENS P & R COMM -10/22 0015350 44100 45.00 $90.00 12/10 1 TED OWENS P & R COMM -11/19 0015350 1 44100 1 45.00 12/10/2009 1 87795 JPAETEC COMMUNICATIONS INC. LONG DIST CHRGS-OCT/NOV 1 0014090 1 42125 1 896.791$896.79 12/10/2009 87796 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $24,977.37 12/10/2009 1 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,972.37 1 211 0/2 009 87799 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,958.50 $18,000.00 12/10/2009 87797 PROTECTION ONE INC ALARM SVCS -HERITAGE PK 0015340 42210 78.50 $132.58 12/10/2009 1 PROTECTION ONE INC ALARM SVCS -DBC OCT 09 0015333 42210 54.08 12/10/2009 1 87798 IR F DICKSON COMPANY ST SWEEPING SVCS-OCT/NOV 0015554 1 45501 1 9,864.091 $9,864.09 12/10/2009 1 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-AUG 0015554 45507 4,035.00 12/10/2009 1 87799 1 RANCE THRALL B & T CATTLE FIRE BRUSH SERVICES 1415541 1 45519 1 18,000.001 $18,000.00 12/10/2009 87800 REPUBLIC ELECTRIC PROF.SVCS-EN 08-623 001 23012 1,302.00 $25,309.50 12/10/2009 1 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-AUG 0015554 45507 4,035.00 12/10/2009 87804 REPUBLIC ELECTRIC T/SIGNAL MAINT-DBB/SUNSET 0015554 45507 5,615.00 $240.00 1 211 012 0 09 REPUBLIC ELECTRIC T/SIGNAL MAINT-B/CYN/S/B 0015554 45507 1,709.38 12110/2009 REPUBLIC ELECTRIC T/SIGNAL MAINT-B/CYN/G/SP 0015554 45507 2,190.00 $952.63 12/10/2009 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-OCT 0015554 45507 4,035.00 12/10/2009 IREPUBLIC ELECTRIC ITRFFC SIGNAL REPAIRS -OCT 0015554 1 45507 6,423.12 12/10/2009 1 87801 IROYAL ROOFING COMPANY IROOFING REPAIR -DBC 1 0015333 1 42210 1 3,166.071 $3,166.07 12/10/2009 87802 RUTH M. LOW P & R COMMA 0/22 0015350 1 44100 45.00 $90.00 12/10/2009 1 RUTH M. LOW IP&RCOMM-11/19 0015350 1 44100 45.00 12/10/2009 1 87803 IS C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 1 41250 165.301 $165.30 12/10/2009 87804 FRANCIS SABADO ICONTRACT CLASS -FALL 0015350 1 45320 1 240.00 $240.00 12/10/2009 87805 ISAFEWAY SIGN COMPANY SUPPLIES -ROAD MAINT 0015554 1 41250 1 952.631 $952.63 Page 7 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 12/10/2009 87809 SMART & FINAL SUPPLIES -TONY TOTS 0015350 41200 35.16 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/10/2009 1 87806 JSCMAF MTG-C MURPHY 0015350 42325 29.001 $29.00 41200 124.67 $189.49 12/10/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 12/10/2009 87807 SECTRAN SECURITY INC. COURIER SVCS -DEC 09 0014090 44000 299.73 $299.73 ELECT SVCS-TRFFC CONTROL 0015510 42126 498.05 $700.00 12/10/2009 12/10/2009 1 87808 IJACK SHAH JPLNG COMM -9/22 0015210 44100 1 65.001 $65.00 12/10/2009 87809 SMART & FINAL SUPPLIES -TONY TOTS 0015350 41200 35.16 $286.28 12/10/2009 SMART & FINAL SUPPLIES -TINY TOTS 0015350 41200 126.45 12/10/2009 87812 SMART & FINAL SUPPLIES-DB4 YOUTH 0015350 41200 124.67 $189.49 12/10/2009 87810 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,446.56 $10,052.60 12/10/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 248.42 12/10/2009 87812 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 660.09 $189.49 12/10/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 264.69 12/10/2009 87813 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 498.05 $700.00 12/10/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,819.63 12/10/2009 87814 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 481.65 $4,805.50 12/10/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 384.32 12/10/2009 87815 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 208.07 $677.65 1211012009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 41.12 12/10/2009 1 87811 IDENISE STEPHENS IFACILITY REFUND-SYC CYN 1 001 1 23002 50.001 777 50.00 12/10/2009 1 87812 ISTEVEN ENTERPRISES INC SUPPLIES-P/1NORKS 1 0015510 46250 189.491 $189.49 12/10/2009 1 87813 IPETER SUDJARWADI IFACILITY REFUND -DBC 1 001 23002 1 700.001 $700.00 12/10/2009 1 87814 ITENNIS ANYONE ICONTRACT CLASS -FALL 1 0015350 45320 14,805.50 $4,805.50 12/10/2009 1 87815 ITHE SAUCE CREATIVE SERVICES BANNERS -CRAFT FAIR 1 0015350 45300 1 677.651 $677.65 12/10/2009 1 87816 ITIME WARNER IMODEM SVCS -HERITAGE 1 0015340 1 42126 1 116.011 $116.01 12/10/2009 1 87817 ITRANE SERVICE GROUP INC IMAINT SVCS -INSPECTION 1 0015333 1 45300 1 946.001 $946.00 Page 8 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/10/2009 87818 TRI -CITIES POOL SERVICE & REPAIR MONTHLY MAINT-DBC 0015333 1 45300 1 160.001 $160.00 12/10/2009 1 87819 IMORGAN TWIGGS RECREATION REFUND 1 001 1 34780 1 180.001 $180.00 12110/2009 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.47 12110/2009 1 87820 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 1 0014060 1 42345 1 168.001 $168.00 12/10/2009 87821 VALLEY CREST LANDSCAPE MAINT INC RETENTION PAYABLE 001 20300 -9,741.47 $539,920.91 12110/2009 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.47 12/10/2009 87823 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11 $65.75 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC LNDSCAPE MAINT-SUMMITRIDG 0015340 42210 875.00 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC LNDSCAPE MAINT-PANTERA PK 0015340 42210 333.04 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC LNDSCAPE MAINT-PANTERA 0015340 42210 450.50 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC LNDSCAPE MAINT-SYC CYN 0015340 42210 219.13 12/10/2009 VALLEY CREST LANDSCAPE MAIN? INC ADDL MAINT-LORBEER 0015340 42210 250.00 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SYC CYN TRAIL 0015340 42210 266.95 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PAUL GROW 0015340 42210 371.04 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC MATERIAL -IRRIGATION SYS 0015310 46410 419,232.44 12/10/2009 VALLEY CREST LANDSCAPE MAINT INC LABOR-IRRIGATIONI SYS 0015340 1 46410 97,414.70 12/10/2009 1 87822 IVANTAGEPOINT TRNSFR AGNTS-303248 12/11109-P/R DEDUCTIONS 1 001 1 21108 1 28,349.321 $28,349.32 1 211 0/20 0 9 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 191.51 12/10/2009 j 87823 VEHICLE REGISTRATION COLLECTIONS SLRY ATTCHMT-3UNM51 320091 1 001 1 21114 1 65.75 $65.75 12/10/2009 87824 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 222.89 $585.95 1 211 0/20 0 9 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 191.51 12/10/2009 87826 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014090 42125 36.52 $57.77 1 211 0/20 09 VERIZON WIRELESS -LA CELL CHRGS-DESFORES 0014070 42125 45.01 12/10/2009 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014070 42125 45.01 12/10/2009 VERIZON WIRELESS -LA CELL CHRGS-LASD MODEM 0014411 1 42125 45.01 12/10/2009 1 87825 JERIKA VIEYRA ICONTRACT CLASS -FALL 1 0015350 1 45320 1 105.60 $105.60 12/10/2009 IWALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 5,321.05 12/10/2009 1 87826 IWALNUT VALLEY WATER DISTRICT I ELECT SVCS-EASTGATE 1 0014440 1 42126 1 57.771 $57.77 12/10/2009 87827 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 8,971.06 $27,833.76 12/10/2009 IWALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 5,321.05 Page 9 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/10/2009 12/10/2009 87827... WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 WATER SVCS -PARKS 1415541 0015340 42126 42126 3,492.72 10,048.93 $27,833.76 ... 12/10/2009 1 87828 ILE HONG WANG ICONTRACT CLASS -FALL 1 0015350 1 45320 1 160.801 $160.80 12/10/2009 87829 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 83.20 $755.82 12/10/2009 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 13.65 12/10/2009 87832 WAXIE SANITARY SUPPLY SUPPLIES -PARKS 0015340 41200 42.52 $200.00 12/10/2009 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 616.45 12/10/2009 87830 WEST COAST ARBORISTS INC TREE MAINT-SEPT 09 0015558 45509 7,407.30 $36,018.48 12/10/2009 WEST COAST ARBORISTS INC WATERING SVCS -SEPT 09 0015558 45510 670.00 12/10/2009 87832 WEST COAST ARBORISTS INC TREE MAINT-SEPT 09 0015558 45509 3,419.60 $200.00 12/10/2009 WEST COAST ARBORISTS INC WATERING SVCS -SEPT 09 0015558 45510 670.00 12/10/2009 87833 WEST COAST ARBORISTS INC TREE MAINT-OCT 09 0015558 45509 5,748.80 $65.00 12/10/2009 WEST COAST ARBORISTS INC WATERING SVCS -OCT 09 0015558 45510 670.00 12/10/2009 87834 WEST COAST ARBORISTS INC TREE MAINT-OCT 09 0015558 45509 7,720.62 $12.00 12/10/2009 WEST COAST ARBORISTS INC WATERING SVCS -OCT 09 0015558 45510 854.95 12/10/2009 87835 WEST COAST ARBORISTS INC TREE MAINT-NOV 09 0015558 45509 8,187.21 $25.00 12/10/2009 WEST COASTARBORISTS INC WATERING SVCS-NOV 09 0015558 1 45510 670.00 12/10/2009 1 87831 ITHERESAWINECKI CONTRACT CLASS -FALL 0015350 45320 270.00 $270.00 12/10/2009 87832 ICHARLOTTE WU FACILITY REFUND -HERITAGE 001 23002 200.00 $200.00 12/10/2009 87833 JYI TONY TORNG PLNG COMM -9122 0015210 44100 1 65.00 $65.00 12/10/2009 87834 IYOSEMITE WATER EQ RENTAL -OCT 09 0015310 42130 1 12.00 $12.00 12111 /2009 1 87835 IFARRIS AMAYREH PHOTO CONTEST PRIZE 001 36900 25:001 $25.00 12/11!2009 87836 IKEITH MAN CHAN PHOTO CONTEST PRIZE 001 36900 25.00 $25.00 12/11/2009 87837 MATTHEW CHAN IPHOTO CONTEST PRIZE 001 36900 100.00 $100.00 12/11/2009 87838 DOUG CORBETT PHOTO CONTEST PRIZE 001 36900 1 100-001 $100.00 Page 10 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Page 11 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/11/2009 87839 JEANNIE GUTIERREZ PHOTO CONTEST PRIZE 001 36900 25.00 $25.00 12/11/2009 1 87840 JW MICHAEL HARMAN I PHOTO CONTEST PRIZE I 001 1 36900 25.001 $25.00 12/11/2009 1 87841 ISHARONM HODGES PHOTO CONTEST PRIZE 1 001 1 36900 1 100.001 $100.00 12/11/2009 1 87842 ISHARON M HODGES PHOTO CONTEST PRIZE 001 36900 1 250,001 $250.00 12/11/2009 1 87843 ISHARON M HODGES PHOTO CONTEST PRIZE 1 001 1 36900 1 100,001 $100.00 12/11/2009 1 87844 ISAM HSIEH IPHOTO CONTEST PRIZE 1 001 1 36900 1 25.001 $25.00 12/11/2009 1 87845 IYUL SAN JUAN IPHOTO CONTEST PRIZE 1 001 1 36900 1 100.001 $100.00 12/11/2009 1 87846 IYUL SAN JUAN PHOTO CONTEST PRIZE 1 001 1 36900 1 100.001 $100.00 12/11/2009 87847 ILYNN LIU PHOTO CONTEST PRIZE 1 001 1 36900 1 25.001 $25.00 12/11/2009 87848 IDIANA MAR PHOTO CONTEST PRIZE 1 001 1 36900 1 100.001 $100.00 12/11/2009 1 87849 1JENNIFER MCLATCHER PHOTO CONTEST PRIZE 1 001 1 36900 1 100.001 $100.00 12/11/2009 87650 FREDDIE PENG PHOTO CONTEST PRIZE 001 36900 100.00 $100.00 12/11/2009 87851 FREDDIE PENG PHOTO CENTEST PRIZE 1 001 1 36900 1 25.001 $25.00 12/11/2009 87852 ALLYSN REGINALDO PHOTO CONTEST PRIZE 001 136900 1 100.001 $100.00 12/11/2009 87853 JALLYSN REGINALDO PHOTO CONTEST PRIZE 1 001 1 36900 1 25.00 $25.00 12/11/2009 87854 JALLYSN REGINALDO PHOTO CONTEST PRIZE 1 001 1 36900 1 25.001 $25.00 12/11/2009 87855 ALLYSN REGINALDO I PHOTO CONTEST PRIZE 1 001 1 36900 1 25.001 $25.00 12/11/2009 87856 JFARRIS AMAYREH IPHOTO CONTEST PRIZE 001 1 36900 1 100.001 $100.00 Page 11 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/17/2009 12/17/2009 87857 ADVANTEC CONSULTING ENGINEERS INC ADVANTEC CONSULTING ENGINEERS INC TRFFC MGMT SYS PROJ-OCT C/WIDE SIGNAL TIMING -OCT 0015510 1135553 1 R44000 1 R44000 1,250.22 12,300.00 $13,550.22 12/17/2009 87858 I BATSON REAGAN LIBRARY EXCURSION 0015350 45310 919.50 $937.02 12/17/2009 1 JAPRIL APRIL I BATSON REIMB-SUPPLIES REC 7 0015350 1 41200 1 17.52 12/17/2009 1 87859 IBENESYST FLEX ADMIN SVCS -4TH QTR 1 0014060 1 42346 1 191.041 $191.04 12/17/2009 1 DIAMOND BAR HIGH SCHOOL FOUNDATION FACILITY CHRGS-DBC 001 36615 -34.00 12/17/2009 1 87860 1JEFFREY BINNER CONTRACT CLASS -FALL 10015350 1 45320 1 57.001 $57.00 12/17/2009 1 87861 IJOHN E BISHOP ICONTRACT CLASS -FALL 0015350 1 45320 1 792.001 $792.00 12/17/2009 1 87862 INANCYBLUM I RECREATION REFUND 1 001 1 34720 1 91.001 $91.00 12/17/2009 1 87863 IBOBBY L ROSE REIMB-TUITION 1 0014060 1 42341 1 278.311 $278.31 12/17/2009 1 87864 IVICTORIA CROSS REIMB-SUPPLIES 1 0014060 1 41400 1 15.74 $15.74 12/17/2009 1 87865 IJAMES DESTEFANO REIMB-EMP RECOG 1 0014090 1 42325 1 285.001 $285.00 12/17/2009 1 87866 IDELTA CARE USA IDEC 09 -DENTAL PREMIUMS 1 001 1 21104 1 375.811 $375.81 12/17/2009 1 87867 ICAROL DENNIS PROF.SVCS-P/COMM MTG 0015210 1 44000 1 125.001 $125.00 12/17/2009 1 87868 IDEPARTMENT OF JUSTICE FINGERPRINTING-H/R NOV 0014060 1 42345 1 128,001 $128.00 12/17/2009 1 87869 IDEPT OF TRANSPORTATION jTRFFC SIGNAL MAINT-OCT 09 0015554 1 45507 1 1,006.561 $1,006.56 12117/2009 1 87870 IDESIGN DRYWALL WEST INC REFUND -BUSINESS LICENSE 001 1 34560 1 40.001 $40.00 12/17/2009 87871 DIAMOND BAR HIGH SCHOOL FOUNDATION FACILITY REFUND -DBC —T 001 23002 500.00 $466.00 12/17/2009 1 DIAMOND BAR HIGH SCHOOL FOUNDATION FACILITY CHRGS-DBC 001 36615 -34.00 12/17/2009 1 87872 IDIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 1 42310 1 221.141 $221.14 12/17/2009 87873 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -SEPT 09 1125553 45529 1 40,694.78 $108,836.92 12/17/2009 1 DIVERSIFIED PARATRANSIT INC IDIAMOND RIDE -OCT 09 1125553 1 45529 1 35,433.31 Page 12 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/17/2009 87873... DIVERSIFIED PARATRANSIT INC DIAMOND RIDE-NOV 09 1125553 45529 32,708.83 $108,836.92 ... 12/1712009 87874 EVERGREEN INTERIORS POINSETTIAS -DBC 0015333 45300 180.23 $220.28 1 211 7/2 0 09 EVERGREEN INTERIORS POINSETTIAS -HERITAGE 0015340 1 42210 40.05 12/17/2009 87875 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 221.06 $2,254.41 1211712009 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 519.35 12/1712009 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 839.06 $780.00 1 211 7/2 009 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 405.56 12117/2009 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 269.38 $435.00 12/17/2009 87876 EXTERIOR PRODUCTS INC BANNERS-SNWFST/CRAFT FAIR 0015350 45300 400.00 $6,260.00 12/17/2009 1 1EXTERIOR PRODUCTS INC INSTALUREMOVE-BANNERS 0015310 44000 1 1 5,860.00 12/17/2009 87877 EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON 0015340 42210 275.00 $835.00 12117/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -HERITAGE 0015340 42210 40.00 12/17/2009 87879 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 $780.00 12117/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -PAUL GROW 0015340 42210 125.00 12/17/2009 87880 EXTERMINETICS OF SO CAL INC PEST CONTROL -CITY HALL 0014090 42210 250.00 $435.00 12117/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 75.00 12/17/2009 87881 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 1 45300 40.00 $4,125.00 12/17/2009 1 87878 ANA FISHER IRECREATION REFUND 001 34740 1 79.00 $79.00 12!1712009 1 GRAND MOBIL IVEH MAINT-ROAD MAINT 0015554 1 42200 831.16 12/17/2009 1 87879 ESPERANZA FLORES ICONTRACT CLASS -FALL 1 0015350 1 45320 1 780.00 $780.00 12/17/2009 1 87880 JGFOA CAFR REVIEW FEE 1 0014050 1 44000 1 435.001 $435.00 12/17/2009 1 87881 GO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 12111 1 001 1 23005 1 4,125.00 $4,125.00 12/17/2009 1 87882 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL-NOV 1 0015230 1 45520 1 5,200.00 $5,200.00 12117/2009 87883 GRAND MOBIL VEH MAINT-ROAD MAINT 0015554 42200 187.67 $1,018.83 12!1712009 1 GRAND MOBIL IVEH MAINT-ROAD MAINT 0015554 1 42200 831.16 12/17/2009 1 87884 JINLAND EMPIRE STAGES SR EXCURSION -MISSION INN 1 0015350 1 45310 1 1,458.001 $2,235.00 Page 13 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/17/2009 87884... INLAND EMPIRE STAGES TRANSP-MISSION INN 1125350 1 45310 777.001 $2,235.00 ... 12/17/2009 87885 INLAND VALLEY DAILY BULLETIN LEGAL AD-TRFFC SIGNAL 0015510 42115 141.25 $407.50 12/17/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD-CDBG CURB RAMP 2505510 46420 135.00 $100.00 12/17/2009 87887 INLAND VALLEY DAILY BULLETIN LEGAL AD-CDBG CURB RAMP 2505510 46420 131.25 $150.00 12/17/2009 87886 JASIT JASH RECREATION REFUND 001 1 34740 1 79.001 $79.00 1211712009 KENS HARDWARE SUPPLIES -DBC 0015333 41200 138.39 $100.00 12/17/2009 1 87887 KENNETH L DESFORGES REIMB-ASIS MEMBERSHIP 1 0014070 1 42315 1 150.001 $150.00 12/17/2009 87888 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 181.22 $580.98 1211712009 KENS HARDWARE SUPPLIES -DBC 0015333 41200 138.39 $100.00 12/17/2009 87890 KENS HARDWARE SUPPLIES -COMM SVCS 0015350 41200 261.37 $684.00 12/17/2009 1 87889 FARAH KHAN IFACILITY REFUND -DBC 1 001 1 36615 1 500.00 $500.00 12/17/2009 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-AUG 09 0015340 42210 1,536.29 $100.00 12/1712009 1 87890 IGABRIELA KLEIN CONTRACT CLASS -FALL 1 0015350 1 45320 1 684.001 $684.00 12/17/2009 1 87891 JKWIKCOVERS SUPPLIES -RECREATION 1 0015350 1 41200 1 834.151 $834.15 12/17/2009 1 87892 ILAMPANO CORP REFUND -BUSINESS LICENSE 001 1 34560 1 10.00 $10.00 12/17/2009 1 87893 PATRESA LEDOUX IRECREATION REFUND 001 1 34780 1 95.001 $95.00 12/17/2009 1 87894 ANDREW LEE FACILITY REFUND -DBC 001 1 23002 1 100.001 $100.00 12/17/2009 87895 JUSTIN LEE RECREATION REFUND 001 34760 65.00 $65.00 12/17/2009 1 87896 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-359 001 1 23010 1 95.5Q $95.50 12117/2009 87897 LOS ANGELES COUNTY PUBLIC WORKS TRFFC SIGNAL MAINT-OCT 0015554 45507 367.46 $2,404.00 12/17/2009 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-AUG 09 0015340 42210 1,536.29 $100.00 12117/2009 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINTSEPT 0015340 42210 500.25 12/17/2009 1 87898 MANAGED HEALTH NETWORK IDEC 09 -EAP PREMIUMS 1 001 1 21115 1 157.30 $157.30 $100.00 12/17/2009 1 87899 IVIRGINIA MARIANO IFACILITY REFUND -DBC 1 001 1 23002 1 100.00 Page 14 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 12/17/2009 87901 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 103.47 $425.53 Check Date Check Number Vendor Name PRINT SVCS-P/WORKS Transaction Description 42110 Fund/ Dept Acct # Amount Total Check Amount MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 62.07 $3,006.14 12/17/2009 $925.50 12/17/2009 87900 IMERCURY DISPOSAL SYSTEMS INC IRECYCLING FEES -BATTERY 1155515 1 44000 1 925.501 12/17/2009 87901 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 103.47 $425.53 12/17/2009 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 103.47 12/17/2009 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 62.07 $3,006.14 12/17/2009 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 156.52 12/17/2009 j 87902 INEXTEL COMMUNICATIONS PH.CHRGS-P/W,C/S,C/D 1 0014090 1 42130 1 516.361 $516.36 12/17/2009 87903 OLYMPIC STAFFING SERVICES TEMP SVCS-C/DEV WK 11/13 0015210 44000 476.64 $1,430.92 12/17/2009 OLYMPIC STAFFING SERVICES TEMP SVCS-C/DEV WK 11/20 0015210 44000 794.40 12/17/2009 OLYMPIC STAFFING SERVICES TEMP SVCS-C/DEV WK 11/27 0015210 44000 159.88 $3,006.14 12/17/2009 87904 MARGARET PASCUAL FACILITY REFUND -DBC 001 23004 83.82 $858.82 12/17/2009 MARGARET PASCUAL FACILITY REFUND -DBC 001 36615 675.00 12/17/2009 MARGARET PASCUAL FACILITY REFUND -DBC 001 23002 100.00 $3,006.14 12/17/2009 1 87905 IRUTH PETRY IRECREATION REFUND 1 001 1 34730 1 65.001 $65.00 12/17/2009 1 87906 IR F DICKSON COMPANY IDEBRIS COMPOSTING -OCT 1 1155515 1 45500 1 3,006.141 $3,006.14 12/17/2009 1 87907 IMARY ANNE RABO IFACILITY REFUND-PANTERA 001 1 23002 1 100.001 $100.00 12/17/2009 87908 ILAMA SALEH RECREATION REFUND 1 001 1 34740 1 79.001 $79.00 12/1712009 1 87909 LINA SALEH JRECREATION REFUND 1 001 1 34740 1 79.001 $79.00 12/17/2009 1 87910 ISASE COMPANY INC SUPPLIES -ROAD MAINT 1 0015554 1 41300 1 1,083.481 $1,083.48 12/17/2009 87911 1JERRYL LYNN SHORT CONTRACT CLASS -FALL 0015350 1 45320 1 1,785.601 $1,785.60 12/17/2009 87912 JSJC 3 CONSULTING HIP PROG-OCT 09 1 1255215 1 44000 1 2,738,001 $2,738.00 12/17/2009 1 87913 ISO CAL SANITATION 1CRESTLINE WELCOME EVENT 1 0014090 142130 1 717.411 $717.41 12/17/2009 1 87914 ISOUTHERN CALIFORNIA EDISON JELECT SVCS-TRFFC CONTROL 1 0015510 1 42126 1 576.151 $5,455.08 Page 15 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/17/2009 87914... SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 804.29 $5,455.08 ... 12/17/2009 87916 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 21.08 $956.58 12(1712009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 4,053.56 12/17/2009 87915 STANDARD AND POORS RATING SVCS -BOND LOC 0014090 42129 2,000.00 $2,000.00 12/17/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE C/CTR 0015340 42125 42.46 12/17/2009 87916 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS -DEC 0014070 44030 956.581 $956.58 12/17/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.06 12/17/2009 87917 ITHE GAS COMPANY GAS SVCS-HRTG COMM CTR 0015340 42126 1 175.98 $175.98 12/17/2009 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 175.36 12/17/2009 87918 ITIME WARNER CABLE SVCS-I.T. 0014070 44030 252.601 $252.60 12/17/2009 87919 ITIME WARNER CABLE SVCS-I.T. 0014070 1 44030 140.871 $140.87 12/17/2009 87920 TRIFYTTSPORTS CONTRACT CLASS -FALL 0015350 45320 1,008.001 $1,008.00 12/17/2009 87921 JULI THE URBAN LAND INSTITUTE IMEMBERSHIP DUES -G GUBMAN 1 0015210 T42315 225.001 $225.00 12/17/2009 87922 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 00140601 42345 1 168.001 $168.00 12/17/2009 87923 INARAYANASAMI VELLAIYAN RECREATION REFUND 1 34740 1 79.00 $79.00 12/17/2009 87924 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 59.56 $649.37 12/17/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE C/CTR 0015340 42125 42.46 1211712009 VERIZON CALIFORNIA PH.SVCS-PETERSON PK 0015340 42125 93.12 12/17/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.06 1211712009 VERIZON CALIFORNIA PH.SVCS-FAX LINE/CMGR 0014030 42125 248.81 12/17/2009 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 175.36 12/17/2009 1 87925 JERIKA VIEYRA 1CONTRACT CLASS -FALL 0015350 1 45320 26.401 $26.40 12/17/2009 87926 VISION INTERNET PROVIDERS INC WEBSITE DESIGN SVCS-P/INF 0014095 44000 1,627.50 $3,255.00 12/17/2009 VISION INTERNET PROVIDERS INC WEBSITE DESIGN SVCS-P/INF 0014095 44000 1,627.50 12/17/2009 87927 MARILYN WALKER FACILITY REFUND -DBC 001 36615 400.OD $400.00 Page 16 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/17/2009 87928 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -OCT -DEC 0015350 42140 640.00 $3,168.00 12/1712009 87934 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -SEPT -DEC 0015350 42140 576.00 $79.00 12117/2009 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY REFUND -OCT -DEC 0015350 42140 480.00 12/1712009 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-NOV 09 0015350 1 42140 1,472.00 $30.00 F 12/17/2009 1 87929 IWALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1 1385535 1 42126 1 1,194.161 $1,194.16 12/17/2009 1 87930 ILE HONG WANG CONTRACT CLASS -FALL 1 0015350 1 45320 1 562.80 $562.80 12/17/2009 87931 WELLDYNERX SHARPS SVCS -OCT 09 1155515 44000 80.80 $145.44 12/17/2009 JWELLDYNERX SHARPS SVCS-NOV 09 1155515 44000 64.64 12/17/2009 1 87932 PAUL WRIGHT A/V SVCS-CNCL MTG 12/1 0014090 44000 350.00 $525.00 1211712009 PAUL WRIGHT JAIV SVCS-CNCL MTG 12115 0014090 44000 1 175.00 1 12/17/2009 1 87933 XIAOHUI XU IRECREATION REFUND 001 34740 1 79.00 $79.00 12/17/2009 DAY & NITE COPY CENTER PRINT SVCS-P/WORKS 1565610 1 42115 1 212.19 12/17/2009 1 87934 ICHENG ZOU IRECREATION REFUND 1 001 1 34740 1 79.001 $79.00 12/17/2009 87935 DAY & NITE COPY CENTER PRINT SVCS-P/WORKS 1565610 J 42115 1 313.56 $525.75 12/17/2009 DAY & NITE COPY CENTER PRINT SVCS-P/WORKS 1565610 1 42115 1 212.19 12/17/2009 1 87936 ITHE SAUCE CREATIVE SERVICES IHOLIDAY LGHTS CONTEST 1 1565610 1 41200 1 297.55 $297.55 1 212312009 BEST LIGHTING PRODUCTS SUPPLIES -PARKS 0015340 42210 1 385.23 12/23/2009 87937 JA AMERICAN SELF STORAGE STORAGE RENTAL -UNIT 2303 1 0014090 1 42140 1 122.00 $122.00 12/23/2009 87938 JADVANCED MEDIA INC REFUND-B/LICENSE 1 001 1 34560 1 30.001 $30.00 12/23/2009 87939 GODOFREDO ALUNING FACILITY REFUND-PANTERA 1 001 1 36625 1 25.00 $25.00 12/23/2009 87940 BENESYST 12/23/09 -PIR DEDUCTIONS 1 001 1 21105 1 691.07 $691.07 12/23/2009 87941 BEST LIGHTING PRODUCTS SUPPLIES -PARKS 0015340 42210 1 112.86 $1,037.62 1 212312009 BEST LIGHTING PRODUCTS SUPPLIES -PARKS 0015340 42210 1 385.23 12/23/2009 BEST LIGHTING PRODUCTS SUPPLIES -DBC 0015333 41200 1 539.53 Page 17 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/23/2009 87942 BILL'S AUTO UPHOLSTERY VEH MAINT-COMM SVCS 0015230 42310 1 170.00 $170.00 12/23/2009 87943 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 151.20 $840.00 12/23/2009 1 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -151.20 12/23/2009 87946 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 840.00 $159.22 12/23/2009 87944 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 9.82 $1,621.90 12/23/2009 1 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 88.83 12/23/2009 87946 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 42205 1,523.25 $159.22 12/23/2009 1 87945 IMEICHANG 1FACILITY REFUND -DBC 1 001 1 23002 1 500.001 $500.00 12/23/2009 1 JDFM DFM ASSOCIATES PUBLICATIONS -CITY CLERK 0014030 1 42320 -52.97 12/23/2009 1 87946 ICHEMSEARCH SUPPLIES -DBC 1 0015333 1 41200 1 159.221 $159.22 12/23/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 52.37 12/23/2009 1 87947 ICONNIE CHOI FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 12/23/2009 1 87948 IPAUL CHUNG FACILITY REFUND -DBC 1 001 1 23002 1 100.001$100.00 12123/2009 1 87949 JCM SCHOOL SUPPLY SUPPLIES -TINY TOTS 0015350 1 41200 1 43.081 $43.08 12/23/2009 87950 ID & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS-NOV 09 0015220 1 45201 1 14,635.301 $14,635.30 12/23/2009 1 87951 JDAPEER ROSENBLIT & LITVAK LLP ILEGAL SVCS-NOV 09 1 0014020 1 44023 1 5,273.371 $5,273.37 12/23/2009 87952 ASSOCIATES PUBLICATIONS -CITY CLERK 0014030 42320 52.97 $0.00 12/23/2009 1 JDFM DFM ASSOCIATES PUBLICATIONS -CITY CLERK 0014030 1 42320 -52.97 12/23/2009 87953 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 11.99 $202.24 12/23/2'009 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 90.92 12/23/2009 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 24.98 12/23/2009 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 52.37 12/23/2009 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 21.98 12/23/2009 87954 DIAMOND BAR MOBIL VEH MAINT-ROAD MAINT 0015554 1 42200 44.95 $224.75 12/23/2009 DIAMOND BAR MOBIL VEH MAINT-COMM SVCS 0015310 42200 44.95 12/23/2009 DIAMOND BAR MOBIL VEH MAINT-POOL VEH 0014090 1 42200 44.95 Page 18 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/23/2009 12/23/2009 87954... DIAMOND BAR MOBIL DIAMOND BAR MOBIL VEH MAINT-POOL VEH VEH MAINT-COMM SVCS 0014090 0015310 42200 42200 1 44.95 44.95 $224.75 ... 12/23/2009 87955 EVANS AND COMPANY LLP PRORSVCS-AUDITING 0014050 1 44010 7,000.00 $10,000.00 12/23/2009 JDIEHL DIEHL EVANS AND COMPANY LLP PROF.SVCS-AUDITING 0014050 1 44010 3,000.00 12/23/2009 87956 INC COMP MAINT-I.T. 0014070 42205 6,582.30 $10,982.30 12/23/2009 JESRI ESRI INC COMP MAINT-I.T. 1135553 42205 4,400.00 12/23/2009 87957 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2009-365 001 23010 33.26 $128.81 12/23/2009 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 29.03 12/23/2009 87959 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2009-363 001 23010 33.26 $3,978.84 12/23/2009 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-MCUP 2009-06 001 23010 33.26 12/23/2009 1 87958 FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 1 59.47 $59.47 12/23/2009 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 1 265.66 12/23/2009 1 87959 1 FIRST AMERICAN CORE LOGIC INC ANNL SUPPORT-WIN2 DATA 1 0014070 1 42205 1 3,978.841 $3,978.84 12/23/2009 1 87960 JASMINE FOO IFACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 12/23/2009 1 87961 GRANICUS INC ICOMP MAINT-I.T. 1 0014070 1 42205 1 900.00 $900.00 12/23/2009 1 87962 IGRAYBAR SUPPLIES-I.T. 0014070 1 41200 1 110.961 $110.96 12/23/2009 87963 HOME DEPOT CREDIT SERVICES SUPPLIES -CITY HALL 0014090 41200 1 32.22 $297.88 12/23/2009 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 1 265.66 12/23/2009 87964 INLAND VALLEY DAILY BULLETIN LEGAL AD-CDBG 1255215 1 42115 260.00 $1,085.00 12/23/2009 INLAND VALLEY DAILY BULLETIN LEGAL AD -PL 2009-051 001 23010 480.00 12/23/2009 87966 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2009-370 001 23010 345.00 $483.98 12/23/2009 87965 IJUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN-NOV 09 1 0014411 1 45405 1 657.841 $657.84 12/23/2009 87966 JUST TIRES IVEH MAINT-COMM SVCS 0015310 1 42310 1 483.98 $483.98 12/23/2009 87967 KENNETH L DESFORGES REIMB-TUITION 1 0014060 1 42341 1 1,500.001 $1,500.00 Page 19 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/23/2009 87968 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 224.68 $509.31 1 212 312 0 0 9 87970 KENS HARDWARE SUPPLIES -DBC 0015333 41200 152.06 $620.00 12/23/2009 KENS HARDWARE SUPPLIES -GENERAL 0014090 41200 18.18 12/23/2009 87971 KENS HARDWARE SUPPLIES -COMM SVCS 0015350 41200 114.39 $7,119.47 12/23/2009 1 87969 IKUSTOM IMPRINTS INCORP. SUPPLIES -RECREATION 0015350 1 41200 1 516.081 $516.08 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-36 001 34430 -59.83 12/23/2009 1 87970 1 LA DATA SECURITY CORP JDATA STORAGE SVCS-NOV 0014070 1 45000 1 620.00 $620.00 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 34430 -34.20 12/23/2009 1 87971 ILEIGHTON &ASSOCIATES, INC. IGEOTEC REVIEW-SYC CYN PK I 2505310 R46415 7,119.471 $7,119.47 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-270 001 34430 -213.75 12/23/2009 1 87972 ILIEBERT CASSIDY WHITMORE ILEGAL SVCS-NOV 09 1 0014020 1 44021 1 20.00 $20.00 12/23/2009 87974 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-36 001 23010 59.83 $10,782.50 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-36 001 34430 -59.83 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 23010 34.20 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 34430 -34.20 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-270 001 23010 213.75 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-270 001 34430 -213.75 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE-PL2009-048 001 23010 230.85 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE-PL2009-048 001 34430 -230.85 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-361 001 23010 25.65 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-361 001 34430 -25.65 1212312009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 34430 -17.10 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-09 001 23010 17.10 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-373 001 34430 -111.15 12/2312009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-373 001 23010 111.15 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-65 001 34430 -8.50 12/23/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-65 001 23010 8.50 12/23/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-345 001 23010 190.00 12/2312009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-270 001 23010 1,187.50 12/23/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-36 001 23010 332.50 12/23/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-65 001 23010 47.50 12/23/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG NOV 09 0015210 44250 6,887.50 12/23/2009 ILILLEY PLANNING GROUP INC PROF.SVCS-FPL 2002-09 001 23010 95.00 Page 20 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/23/2009 87974... LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-373 001 23010 617.50 $10,782.50 ... 12/23/2009 87982 LILLEY PLANNING GROUP INC PROF.SVCS-PL 2009-048 001 23010 1,282.50 $635.52 12/23/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-361 001 23010 142.50 12/23/2009 87975 PETER LOH FACILITY REFUND -DBC 001 23002 500.00 $466.00 12/23/200 IPETER LOH FACILITY CHARGES -DBC 001 36615 -34.00 12/23/2009 1 87976 IYOLANDA LOPEZ IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 12/23/2D09 87977 LOS ANGELES COUNTY MTA MTA PASSES-NOV 09 1125553 45535 49.60 $248.00 12/23/2009 LOS ANGELES COUNTY MTA MTA PASSES -CITY SUBSIDY 1125553 45533 12.40 12/23/2009 87982 LOS ANGELES COUNTY MTA MTA PASSES -OCT 09 1125553 45535 148.80 $635.52 12/23/2009 LOS ANGELES COUNTY MTA MTA PASSES -CITY SUBSIDY 1125553 45533 37.20 12/23/2009 87978 LOWE'S BUSINESS ACCOUNT SUPPLIES -PARKS 0015340 41200 18.94 $299.28 12/23/2009 LOWE'S BUSINESS ACCOUNT SUPPLIES -COMM SVCS 0015350 41200 280.34 12/23/2009 1 87979 IMCE CORPORATION IVEGETATION SVCS-NOV 09 1 0015558 1 45508 1 5,598.941 $5,598.94 12/23/2009 87980 METROLINK METROLINK PASSES-NOV 1125553 45535 79,146.35 $172,385.30 12/23/2009 METROLINK CITY SUBSIDY-NOV 09 1125553 45533 18,207.65 12/23/2009 87982 METROLINK PASSES RETURNED-NOV 1125553 45535 -9,222.25 $635.52 12/23/2009 METROLINK METROLINK PASSES -DEC 09 1125553 45535 79,969.60 12/23/2009 87983 METROLINK CITY SUBSIDY -DEC 09 1125553 45533 17,495.45 $79.00 12/23/2009 METROLINK PASSES RETURNED -DEC 09 112555 1 45535 1 -13,211.50 12/23/2009 1 87981 IMINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-ANNL BUDGETS 1 0014090 1 42110 1 702,401 $702.40 12/23/2009 PERS HEALTH JAN 10 -HEALTH INS PREMS 0014090 40086 525.00 12/23/2009 1 87982 JOLYMPIC STAFFING SERVICES TEMP SVCS -COMM SVCS 12/6 1 0015210 1 44000 1 635.521 $635.52 12/23/2009 1 87983 JHYUNG GUN PARK RECREATION REFUND 1 001 1 34740 1 79.001 $79.00 12/23/2009 87984 PERS HEALTH JAN 10 -HEALTH INS PREMS 001 21105 1 30,411.56 $31,084.63 12/23/2009 PERS HEALTH JAN 10 -HEALTH INS PREMS 0014090 40086 525.00 12/23/2009 PERS HEALTH JAN 10 -HEALTH INS PREMS 0014060 40093 148.07 Page 21 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/23/2009 87985 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 10.00 $662.76 12/23/2009 87993 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 261.10 $2,469.60 12/23/2009 IPERS RETIREMENT RETIRE CONTRIB-ER 001 21109 391.66 12/23/2009 87986 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $26,824.78 12/23/2009 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 10,711.33 12/23/2009 87993 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 16,066.95 $2,469.60 12/23/2009 87987 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES-NOV 09 1125553 45535 5,159.88 $17,898.44 12/23/2009 REGIONAL TAP SERVICE CENTER CITY SUBSIDY-NOV 09 1125553 45533 1,243.35 12/23/2009 87993 REGIONAL TAP SERVICE CENTER COMMISSION-NOV 09 1125553 45535 -186.50 $2,469.60 12/23/2009 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES -OCT 09 1125553 45535 9,695.82 12/23/2009 87994 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -OCT 09 1125553 45533 2,336.34 $756.82 12/23/2009 REGIONAL TAP SERVICE CENTER COMMISSION -OCT 09 1 1125553 1 45535 1 -350.45 12/23/2009 1 87988 SILVER STATE COACH INC EXCURSION-REAGAN LIBRARY 1125350 45310 757.00 $1,416.00 12/23/2009 SILVER STATE COACH INC EXCURSION -CRAFT FAIR 1125350 45310 659.00 12/23/2009 87989 SMART & FINAL SUPPLIES -COMM SVCS 0015350 41200 55.89 $209.46 12/23/2009 SMART & FINAL SUPPLIES -TINY TOTS 0015350 41200 14.48 12/23/2009 87993 SMART & FINAL SUPPLIES -TINY TOTS 0015350 41200 139.09 $2,469.60 12/23/2009 87990 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 75.76 $399.18 12/23/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 20.22 12/23/2009 87993 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 303.20 $2,469.60 12/23/2009 87991 STANDARD INSURANCE OF OREGON JAN 10 -LIFE INS PREMS 001 21106 1,164.38 $3,067.33 12/23/2009 STANDARD INSURANCE OF OREGON JAN 10-SUPP LIFE INS PREM 001 21106 131.00 12/23/2009 87993 STANDARD INSURANCE OF OREGON JAN 10-STD/LTD 001 21112 1,771.95 $2,469.60 12/23/2009 87992 IVIRGINIA TALLEY IFACILITY REFUND -DBC 1 23002 500.001 $500.00 12/23/2009 87993 ITENNIS ANYONE ICONTRACT CLASS -FALL 1 0015350 45320 2,469.60 $2,469.60 12/23/2009 87994 ITHE GAS COMPANY IGAS SVCS -DBC 1 0015333 42126 756.821 $756.82 Page 22 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/23/2009 87995 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CDBG 1255215 42115 233.00 $985.25 12/23/2009 87997 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -PL 2009-051 001 23010 455.50 $5,490.11 12/23/2009 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2009-370 001 23010 296.75 12/23/2009 1 87996 NAOMI TUN FACILITY REFUND -HERITAGE I 001 1 23002 1 200.00 $200.00 12/23/2009 IWAXIE WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 1 41200 899.59 1 12/23/2009 1 87997 VANTAGEPOINT TRNSFR AGNTS-303248 12/23/09-P/R DEDUCTIONS 1 001 1 21108 1 5,490.11 $5,490.11 12/23/2009 1 87998 VERISIGN INC COMP MAINT-I.T. 1 0014070 1 42205 1 995.00 $995.00 12/23/2009 87999 SANITARY SUPPLY SUPPLIES -DBC 0015333 1 41200 54.74 $954.33 12/23/2009 IWAXIE WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 1 41200 899.59 1 12/23/2009 88000 WEST COAST ARBORISTS INC TREE MAINT-SEPT 09 0015558 45509 7,706.50 $8,041.50 12/23/2009 IWEST COAST ARBORISTS INC TREE WATERING -SEPT 09 0015558 45510 1 335.00 1 12/23/2009 1 88001 IYOSEMITE WATER EQ RENTAL-NOV 09 1 0015310 1 42130 1 12.00 $12.00 12/23/2009 JEL EL REY APPLICATIONS FLOOR MAINT-DBC 0015333 42210 600.00 12/23/2009 1 88002 IMARK YRIARTE IFACILITY REFUND -DBC 1 001 1 23002 1 350.00 $350.00 12/23/2009 1 88003 IVELMA ZOZAYA FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 12/23/2009 1 88004 KENS HARDWARE IHOME DECOR LED LIGHTS 1 1565610 1 41200 1 4,000.00 $4,000.00 12/23/2009 88005 REY APPLICATIONS FLOOR MAINT-DBC 0015333 42210 1,475.00 $2,075.D0 12/23/2009 JEL EL REY APPLICATIONS FLOOR MAINT-DBC 0015333 42210 600.00 12/28/2009 1 88006 BERNARDINO GOMEZ UPHOLSTERY SVCS -CHAIRS 1 0014030 1 42200 1 650.00 $650.00 12/31/2009 AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 797.87 12/31/2009 1 88007 JAAMERICAN SELF STORAGESTORAGE RENTAL-REC DEC 1 0014090 1 42140 1 259.00 $259.00 12/31/2009 88008 AGRICULTURAL COM WGHTS & MEASURES JCOYOTE CONTROL SVCS -OCT 1 0014431 1 45406 1 566.20 $566.20 12/3112009 88009 AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 82.31 $1,132.59 12/31/2009 AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 797.87 12/31/2009 AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 143.76 Page 23 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund! Dept Acct # Amount Total Check Amount 12/31/2009 88009... AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 1 45000 108.651 $1,132.59 .,. 12/31/2009 88010 AMERITECH BUSINESS SYSTEMS INC COPIER MAINT-CITY HALL 1 0014090 1 42100 1 752.12 $752.12 12/31/2009 88011 ARCHITERRA DESIGN GROUP INC CONSTRUCTION-SYC CYN 2505310 R46415 42.53 $9,588.88 12/31/2009 1 ARCHITERRA DESIGN GROUP INC CONSTRUCTION-SYC CYN 2505310 R46415 50.60 12/31/2009 88013 ARCHITERRA DESIGN GROUP INC CONSTRUCTION-SYC CYN 2505310 R46415 768.00 $363.33 12/31/2009 ARCHITERRA DESIGN GROUP INC CONSTRUCTION -MINI PARKS 2505310 46415 8,727.75 12/31/2009 1 88012 JAT&T MOBILITY CELL CHARGES -POOL VEH 1 0014090 1 42125 1 33.661 $33.66 12/31/2009 1 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 100.00 12/31/2009 88013 jCZFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 1 0015333 1 41200 1 363.331 $363.33 12131/2009 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 42210 107.00 12/31/2009 88014 ICALSENSE INC. DEVISE -IRRIGATION SYS 1 0015310 1 46410 1 9,000-001 $9,000.00 12/31/2009 88015 JCFTY OF WALNUT CONTRIB-N STOOPS SPPRT 1 1264411 1 44000 4,600.00 $4,600.00 12/31/2009 1 88016 CAROL DENNIS PROF.SVCS-CNCL MTG 0014030 44000 175.00 $275.00 12/31/2009 1 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 100.00 12/31/2009 88017 MAINTENANCE JANITORIAL SVCS -DBC 0015333 45300 12,250.83 $12,986.00 12/31/2009 JDH DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 12/31/2009 1 88018 IDIAMOND BAR FINE ART FRAMING SUPPLIES -FRAMES 1 0014010 1 41200 1 40.781 $40.78 12/31/2009 EVERGREEN INTERIORS PLANT SERVICE -HERITAGE 0015340 42210 135.00 12/31/2009 88019 DIAMOND BAR POP WARNER FOOTBALL LEA COMM ORG SUPPORT FUND 1 0114010 1 42355 1 1,000.001 $1,000.00 12131/2009 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 42210 107.00 12/31/2009 88020 IDIAMOND BAR WOMANS CLUB COMM ORG SUPPORT FUND 1 0114010 1 42355 j 500.001 $500.00 12/31/2009 88021 EVERGREEN INTERIORS PLANT SERVICE -DBC 0015333 45300 177.00 $649.00 12/31/2009 EVERGREEN INTERIORS PLANT SERVICE -HERITAGE 0015340 42210 135.00 12/31/2009 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 42210 230.00 12131/2009 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 42210 107.00 12/31/2009 1 88022 1EXCELLANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 12,468.00 $28,620.82 12(31/2009 EXCEL LANDSCAPE LANDSCAPE MAtNT-DIST 39 1395539 45500 11,610.95 Page 24 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/31/2009 88022... EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 $28,620.82 ... 12/31/2009 88024 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 203.68 $850.00 12/31/2009 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 194.32 12/31/2009 1 88023 FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 1 103.84 $103.84 12/3 112009 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -JAN 0014431 45403 1 1 1,250.00 12/31/2009 1 88024 GOVPARTNER REQUEST PARTNER SVCS -DEC 0014070 1 44030 1 850.O0 $850.00 12/31/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 23.37 12/3112009 1 88025 IHIGHLAND PRODUCTS GROUP LLC MAINT-OUTDOOR GRILLS 0015340 1 42210 1 736.721 $736.72 12/3112009 88026 IMPACT SIGNS SIGNS -WASHINGTON PK 2505310 1 46415 1 411.561 $411.56 12/31/2009 88027 INFOUSA CAFRSVCS-FY 08/09 0014050 1 44000 1 250.00 $250.00 12/31/2009 88028 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL -JAN 10 0014431 45403 8,750.00 $10,000.00 12/3 112009 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -JAN 0014431 45403 1 1 1,250.00 12/31/2009 88029 JOE A. GONSALVES & SON INC.LEGISLATIVE SVCS -DEC 09 0014030 44000 3,000.00 $6,000.00 12/31/2009 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -JAN 10 0014030 44000 3,000.00 12/31/2009 88030 CITY OF LA VERNE PRKG CITE HRGS-NOV 09 0014411 1 45405 1 170,001 $170.00 12/31/2009 88031 LANDS' END BUSINESS OUTFITTERS IEC STAFF SHIRTS 0015350 41200 938.05 $1,654.87 12/31/2009 LANDS' END BUSINESS OUTFITTERS DBC STAFF SHIRTS 0015333 41200 1 716.82 1 12/3112009 1 88032 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES-YR2010 0014090 1 42315 1 18,076.00 $18,076.00 12/31/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 36.99 12/31/2009 1 88033 KWANG HO LEE PLNG COMM-OCT/NOV 0015210 1 44100 1 130.001 $130.00 12/31/2009 88034 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGE 0014090 42113 13.77 $108.65 12/31/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 36.99 12/31/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 34.52 12/31/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0014090 42113 23.37 12/31/2009 88035 PETER LOH FACILITY REFUND -DBC 001 23002 500.00 $466.00 12/31/2009 PETER LOH ADDL FACILITY CHRGS-DBC 001 36615 -34.00 Page 25 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/31/2009 88036 INAYER MEKHAIL 1FACILITY REFUND -DBC 001 23002 100.00 $100.00 12/31/2009 88037 STEVE G NELSON PLNG COMM -DEC 09 0015210 44100 65.00 $195.00 12/31/2009 STEVE G NELSON PLNG COMM-OCT/NOV 0015210 44100 130.00 12/31/2009 88038 NINYO & MOORE INC PREVENTIVE ST MAINT PROG 2505510 1 46411 1 4,336.50 $4,336.50 12/31/2009 88039 KATHLEEN ERIN NOLAN PLNG COMM -DEC 09 0015210 44100 65.00 $130.00 12/31/2009 KATHLEEN ERIN NOLAN PLNG COMM -OCT 0015210 44100 65.00 12/31/2009 1 LYMPIC STAFFING SERVICES TEMP SVCS-C/DEV WK 12/11 0015210 44000 635.52 $1,429.92 12/31/2009_i YMPIC STAFFING SERVICES TEMP SVCS-C/DEV WK 12120 0015210 44000 794.40 12/31/2009 88041 IPASCO MAINT-DBC 0015333 42210 1,281.90 $1,281.90 12/31/2009 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -JUN 1125553 45533 24.80 12/31/2009 88042 1PHOTO, ART INDUSTRIES PHOTO SVCS -L CHANG/EVERTT 0014010 42112 665.55 $665.55 12/31/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1,139.61 12/31/2009 j 88043 JPOMONA JUDICIAL DISTRICT PARKING CITATION FEES-NOV 001 32230 1,805.001 $1,805.00 12/31/2009 88044 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT -JAN 10 0014096 45000 1,000.00 $1,000.00 12/31/2009 88045 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES -JUN 1125553 45535 103.85 $124.00 12/31/2009 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -JUN 1125553 45533 24.80 12/31/2009 88047 REGIONAL TAP SERVICE CENTER COMMISSION -JUN 1125553 45535 -4.65 $526.27 12/31/2009 88046 JACK SHAH PLNG COMM-OCT/NOV 0015210 44100 130.00 $130.00 12/31/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 20.35 12/31/2009 88047 SO CAL SANITATION EQ RENTAL SYC CYN PK 2505310 1 46415 1 52 6 .27 $526.27 12/31/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1,139.61 12/31/2009 1 88048 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL JAN 10 0014090 42140 22,416.451 $22,416.45 12/31/2009 88049 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 430.24 $2,681.41 12/31/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 20.35 12/31/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1,091.21 12/31/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1,139.61 Page 26 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/31/2009 12131/2009 88050 SPARKLETTS SPARKLETTS WATER SUPPLIES-C/HALL EQ RENTAL-C/HALL DEC 0014090 0014090 41200 42130 1 162.36 10.75 $173.11 12/31/2009 1 88051 ITERRYBERRY EMPLOYEE RECOGNITION PINS 0014060 1 42347 1 838.431 $838.43 12/31/2009 88052 THE COMDYN GROUP INC CONSULTING SVCS -GIS 11/20 0014070 44000 1,713.60 $3,032.55 12/31/2009 THE COMDYN GROUP INC CONSULTING SVCS -GIS 12/4 0014070 44000 1,008.00 12/31/2009 THE COMDYN GROUP INC CONSULTING SVCS -GIS 11/27 0014070 44000 243.75 12/31/2009 THE COMDYN GROUP INC CONSULTING SVCS -GIS 11/13 0014070 44000 67.20 12/31/2009 1 88053 ITIME WARNER IMODEM SVCS -COUNCIL 0014010 1 42130 1 48.991 $48.99 12/31/2009 88054 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 453005,645.47 259.42 $30,249.58 12/31/2009 IVALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 1 45300 24,604.11 12/31/2009 88055 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 259.42 $1,094.92 12/31/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 88.17 12/31/2009 VERIZON CALIFORNIA PH.SVCS-REAGAN 0015340 42126 88.17 12/31/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 88.17 12/31/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 88.50 12/31/2009 VERIZON CALIFORNIA PH.SVCS-HERITAGE P/PH 0015340 42125 88.17 12/31/2009 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 88.17 12/31/2009 VERIZON CALIFORNIA PH.SVCS-PANTERA 0015340 42125 88.17 12/31/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 107.85 12/31/2009 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 35.48 12/31/2009 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 1 42125 74.65 12/31/2009 88055 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 121.31 $323.61 12/31/2009 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 57.59 12/31/2009 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014090 42125 9.68 12/31/2009 VERIZON WIRELESS -LA CELL CHRGS-DESFORGES 0014070 42125 45.01 12/31/2009 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014070 42125 45.01 12/31/2009 VERIZON WIRELESS -LA CELL CHRGS-LASD MODEM 0014411 1 42125 1 45.01 12/31/2009 1 88057 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE 1 0015340 1 41200 1 159.08 $159.06 Page 27 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 12/31/2009 88059 TONY TORNGLNG COMM -DEC 09 0015210 44100 65.00 Total Check Amount Check Date Check Number Vendor Name PpLNG COMM-OCT/NOV Transaction Description 44100 Fund/ Dept Acct # Amount I 88065 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENG MAY 0015510 45221 515.00 $140.00 $12,323.10 12/31/2009 1 88058 WEST COAST ARBORISTS INC ITREE MAINT SVCS -DEC 09 0015558 1 45509 1 12,323.10 12/31/2009 88059 TONY TORNGLNG COMM -DEC 09 0015210 44100 65.00 $195.00 12/31/2009 1 JYI Yl TONY TORNG PpLNG COMM-OCT/NOV 0015210 44100 130.00 1/7/2010 1 88060 SALVADOR ABLERA IFACILITY REFUND -DBC 1 001 1 23002 1 350.00 $350.00 1/7/2010 88061 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENG AUG 09 0015510 45221 90.00 $1,575.00 1/7/2010 1 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENG NOV 0015510 45221 1 970.00 1/7/2010 88065 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENG MAY 0015510 45221 515.00 $140.00 1/7/2010 88062 CITY MANAGEMENT SERVICES CROSSING GUARD SVCS-NOV 0014411 45410 5,637.03 $13,689.93 1/7/2010 1 JALL ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -DEC 1 0014411 45410 1 1 8,052.90 1/7/2010 88063 ARROWHEAD EQ RENTAL -DBC 0015333 42130 12.06 $54.80 117/2010 ARROWHEAD SUPPLIES -WATER DBC 0015333 41200 42.74 1/7/2010 1 88064 HAZELBALA FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 1/7/2010 1 88065 1 BEE REMOVERS BEE REMOVAL-DB/TEMPLE 1 1385538 1 42210 1 140.00 $140.00 1/7/2010 1 88066 BENESYST 01/08/10-P/R DEDUCTIONS 1 001 1 21105 1 722.01 $722.01 1/7/2010 1 88067 RICK BETACOURT PROF.SVCS-P/INFO 1 0014095 1 44000 1 25.00 $25.00 1/7/2010 1 88068 CA PARKS & REC SOC -DIS XIII MTG-REC STAFF 1 0015350 1 42325 1 275.00 $275.00 1/7/2010 88069 CALIFORNIA CONSERVATION CORP TRAIL MAINT-NOV 09 0015558 45500 1 6,979.50 $6,979.50 1/7/2010 1 88070 CANTRELL'S FEED BIN SUPPLIES -WINTER S/FEST 1 0015350 1 41200 1 1,033.501 $1,033.50 1/7/2010 1 88071 ICASH CHANGE -WINTER SNOW FEST 1 001 1 34720 1 600.00 $600.00 1/7/2010 1 88072 LARRY CHAVEZ IFACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 1/7/2010 88073 DIANA CHEN RECREATION REFUND 001 34760 443.00 $443.00 Page 28 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 1/7/2010 88082 CONSULTANTS CIVIL ENGINEERS INC CDBG-CURB RAMP INSTALL 2505510 1 46420 12,340.00 $26,630.00 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/7/2010 88074 IPHILIP CHUNG FACILITY REFUND -DBC 1 001 1 23002 1 600.001 $600.00 1/7/2010 1 88075 JOSEPH CHUONG FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 1/7/2010 88076 GINA DAVIS RECREATION REFUND 001 1 34740 1 79.00 $79.00 1/7/2010 1 88077 IDE LA ROSA & COMPANY BOND REMARKETING -DBC 1 0014090 1 42129 1 3,932.051 $3,932.05 1/7/2010 1 88078 IDELTA CARE USA IJAN 2010 -DENTAL PREMIUMS 1 001 1 21104 1 327.591 $327.59 1/7/2010 1 88079 DELTA DENTAL JAN 2010 -DENTAL PREMIUMS 001 121104 1 3,410.021 $3,410.02 1/7/2010 1 88080 jDFMASSOCIATES INLAND VALLEY DAILY BULLETIN 2010 CA ELECTIONS CODE 10014030 1 42320 1 52.771 $52.77 1/7/2010 1 88081 DIVERSIFIED PRINTERS PRINT SVCS-REC GUIDES 1 0014095 1 44000 1 6,895.601 $6,895.60 1/7/2010 88082 CONSULTANTS CIVIL ENGINEERS INC CDBG-CURB RAMP INSTALL 2505510 1 46420 12,340.00 $26,630.00 1/7/2010 JDMS DMS CONSULTANTS CIVIL ENGINEERS INC CDBG-R CURB RAMP INSTALL 2505510 1 46420 14,290.00 1/712010 1 88083 ITATEMYA DOUGLAS RECREATION REFUND 001 34740 1 74.00 $74.00 1/7/2010 1 88084 JEDUCATION TO GO CONTRACT CLASS -FALL 1 0015350 1 45320 1 55.001 $55.00 1/7/2010 88085 EDWIN ESPINOZA FACILITY REFUND -DBC 001 23002 550.00 $550.00 1/7/2010 1 88086 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 1/1 1 001 1 23005 1 4,500.001 $4,500.00 1/7/2010 1 88087 ISATINA GULATI FACILITY REFUND-SYC CYN 1 001 1 36625 1 25.00 $25.00 1/7/2010 1 88088 SHIRLEY HELMER SUPPLIES -WINTER S/FEST 0015350 1 41200 1 150.85 $150.85 1/7/2010 1 88089 JIMING HUANG FACILITY REFUND-REAGAN 1 001 1 23002 1 50.00 $50.00 1/712010 1 88090 INLAND VALLEY DAILY BULLETIN LEGAL AD -DEV CODE AMNDMNT 0015210 1 42115 1 493.751 $493.75 1/7/2010 1 88091 JJ A BLASH SHOWS INC EQ RENTAL -WINTER S/FEST 1 0015350 1 42130 J 250.00 $250.00 Page 29 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount I Total Check Amount 1/7/2010 88092 JKOA CORPORATION PROF.SVCS4NTERCONNECT 2505510 R46412 I 9,723.851 $9,723.85 1/7/2010 1 88093 INELLY LIM RECREATION REFUND 001 34740 1 79.001 $79.00 1/7/2010 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES-NOV 09 1125553 45402 136.97 1/7/2010 1 88094 ILIVESOUND CONCEPTS EQ RENTAL -WINTER S/FEST 0015350 45300 1 690.001 $690.00 1/7/2010 88095 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS-JUL/SEPT 0014411 45401 189.36 $433,792.79 1/7/2010 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES-NOV 09 1125553 45402 136.97 1/7/2010 88097 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS-NOV 09 0014411 45401 425,313.46 $100.00 1/7/2010 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL-NOV 09 0014411 45402 8,153.00 1/7/2010 1 88096 IMANAGED HEALTH NETWORK IJAN 2010 -EAP PREMIUMS 1 001 21115 160.161 $160.16 1/7/2010 MCE CORPORATION ROAD MAINT SVCS-NOV 09 0015554 45502 6,477.30 1/712016—j 88097 ICAROL MARTINDALE FACILITY REFUND-PANTERA 001 23002 100.00 $100.00 1/7/2010 88098 MCE CORPORATION STORM DRAIN MAINT-NOV 09 0015554 45512 297.30 $10,902.49 1/7/2010 MCE CORPORATION ROAD MAINT SVCS-NOV 09 0015554 45502 6,477.30 1/7/2010 88100 MCE CORPORATION RIGHT-OF-WAY MAINT-NOV 0015554 45522 4,127.89 $158.88 1/7/2010 1 88099 IMERCURY DISPOSAL SYSTEMS INC RECYCLING FEES- LGT BULBS 1155515 1 44000 1 557.26 $557.26 1/7/2010 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,917.39 1/7/2010 1 88100 JOLYMPIC STAFFING SERVICES ITEMP SVCS-C/DEV WK 12/21 0015210 j 44000 158.88 $158.88 117/2010 88101 [OMG NATIONAL RENEWAL -ON HOLD MSG SVCS 1 0014070 j 42205 1 799.001 $799.00 1/712010 88102 JPAETEC COMMUNICATIONS INC. ILONG DIST SVCS -DEC 09 0014090 1 42125 1 845.851 $845.85 1/7/2010 1 88103 IPERS RETIREMENT I FY09110-ADDL SURVIVOR BNF 001 1 21109 1 1,411.20 $1,411.20 1/7/2010 88104 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $24,839.93 1/7/2010 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,917.39 1/7/2010 88106 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,876.04 $23,234.30 1/7/2010 1 88105 1 PRIORITY MAILING SYSTEMS INC SUPPLIES -POSTAGE METER 0014090 1 41200 L 268.171 $268.17 1/7/2010 1 88106 IR F DICKSON COMPANY IST SWEEPING SVCS-NOV/DEC 0015554 45501 1 19,833.801 $23,234.30 Page 30 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/7/2010 88106... R F DICKSON COMPANY DEBRIS COMPOSTING-NOV 1155515 45500 3,400.50 $23,234.30... 117/2010 1 88107 IJONATHAN RAMIREZ FACILITY REFUND -DBC 1 001 1 36615 1 400.001 $400.00 117120111 88108 REPUBLIC ELECTRIC TRFFC SIGNAL SVCS-P/WKS 0015554 45,107 537.23 $4,962.54 117/2010 1 REPUBLIC ELECTRIC ADDL TRFFC SIGNAL-NOV 0015554 45507 1 1 4,425.31 1/7/2010 88109 C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 1 41250 1 197.11 $2,308.43 1/7/2010 1 IS S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 1 41250 1 2,111.32 1/7/2010 1 88110 JEUGENIA SCOTT FACILITY REFUND -HERITAGE 001 1 23002 1 200.001 $200.00 1/7/2010 88111 SOUTHERN CALIFORNIA CONTRACTORS INC RETENTION PAYABLE 250 20300 -8,185.20 $73,666.80 1/7/2010 SOUTHERN CALIFORNIA CONTRACTORS INC ADA RETRO FIT-SYC CYN PK 2505310 46415 81,852.00 1 /7/2010 88112 ITHE SAUCE CREATIVE SERVICES SUPPLIES -CONCERT SHARE 0015350 1 41200 1 690.331 $690.33 1/7/2010 1 88113 ITIME WARNER IMODEM SVCS -COUNCIL 0014010 1 42130 1 48.991 $48.99 1/7/2010 1 88114 ITIME WARNER CABLE MEDIA SALES DBC AD-NOV-DEC 09 777F0014095 42115 1 1,061.001 $1,061.00 1/7/2010 1 88115 IRICHARDTINNIN IRECREATION REFUND 1 001 1 34740 1 79.00 $79.00 1/7/2010 1 88116 GRACE TOLENTINO FACILITY REFUND -DBC 1 001 1 36615 1 250.ODI $250.00 1/7/2010 1 88117 IVANTAGEPOINTTRNSFRAGNTS-30324801108/10-P/R DEDUCTIONS 1 001 1 21108 1 27,021.321 $27,021.32 1/7/2010 1 88118 IVISION SERVICE PLAN IJAN 10 -VISION PREMIUMS 001 121107 1 1,269.481 $1,269.48 1/7/2010 1 88119 IWALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-NOV 09 0015350 1 42140 1 2,504.001 $2,504.00 1/7/2010 1 88120 JWELLDYNERX ISHARPS SVCS -DEC 09 1155515 1 44000 1 32.321 $32.32 117!2010 1 88121 IWEST COAST MEDIA AD -DEC WINTER S/FEST 0014095 1 42115 1 700.001 $700.00 1/7/2010 1 88122 1 ROCKY YANG FACILITY REFUND -DBC 1 001 1 23002 1 200.001 $200.00 Page 31 City of Diamond Bar - Check Register 12/10/09 thru 01/13/10 Check Date Check Number Vendor Name Transaction Descnption Fund/ Dept Acct # Amount Total Check Amount 12/23/2009 WIT 0115 UNION BANK OF CALIFORNIA, NA ILEASE PAYMNT-DBC JAN 1 0014090 42140 1 29,538.121 12 $3,701,937.61 Page 32 CITY COUNCIL �r989 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana ae TITLE: Treasurer's Statement — November 009 RECOMMENDATION: Approve the November 2009 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date.- CITY ate: 6.4 Jan. 19, 2010 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director Departmen Head Attachments: Treasurer's Statement, Investment Portfolio Report W, - Assistant Citiudnager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 30, 2009 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $30,228,547.03 669,176.51 $745,957.14 $30,151,766.40 LIBRARY SERVICES FUND 0.00 1,000.00 TOTAL DEMAND DEPOSITS 0.00 COMMUNITY ORG SUPPORT FD (3,100.00) LOCAL AGENCY INVESTMENT FD 450.00 (3,550.00) MEASURE R LOCAL RETURN FD 0.00 92,267.84 TOTAL INVESTMENTS 92,267.84 GAS TAX FUND 282,666.30 282,666.30 TRANSIT TX (PROP A) FD 235,398.43 148,967.26 25,751.22 359,614.47 TRANSIT TX (PROP C) FD 1,891,505.31 1,891,505.31 ISTEA Fund 473,267.34 213,191.39 686,458.73 INTEGRATED WASTE MGT FD 454,411.52 19,261.29 8,631.74 465,041.07 TRAFFIC IMPROVEMENT FUND 359,253.46 2,375.22 356,878.24 AB2928-TR CONGESTION RELIEF FD 479,394.47 479,394.47 AIR QUALITY IMPRVMNT FD 157,814.35 157,814.35 TRAILS & BIKEWAYS FD 0.00 0.00 Prop 1B Band Fund 881,351.73 881,351.73 PARK FEES FD 421,484.50 421,484.50 PROP A - SAFE PARKS ACT FUND 21,623.26 21,623.26 PARK & FACILITIES DEVEL, FD 611,840.74 611,840.74 COM DEV BLOCK GRANT FD (18,282.77) 18,568.45 (36,851.22) CITIZENS OPT -PUBLIC SAFETY FD 117,356.97 61,363.10 178,720.07 NARCOTICS ASSET SEIZURE FD 362,757.63 362,757.63 CA LAW ENFORCEMENT EQUIP PRGP 56,774.47 56,774.47 LANDSCAPE DIST #38 FD (49,623.21) 5,434.50 6,360.00 (50,548.71) LANDSCAPE DIST #39 FD (80,676.54) 2,471.59 4,360.84 (82,565.79) LANDSCAPE DIST #41 FD 53,805.48 4,754.16 2,456.89 56,102.75 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (1,996,638.41) 127,885.09 (2,124,523.50) SELF INSURANCE FUND 992,436.36 992,436.36 EQUIPMENT REPLACEMENT FUND 247,548.61 247,548.61 COMPUTER REPLACEMENT FUND 382,675.00 382,675.00 PUBLIC FINANCING AUTHORITY FUNI 125,949.17 27,187.75 3,354.28 149,782.64 TOTALS $36,690,541.20 $1,244,075.39 $946,150.87 $0.00 $36,988,465.72 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $27,861.96 PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS $70,716.42 INVESTMENTS: US TREASURY Money Market Acct. $539,405.49 LOCAL AGENCY INVESTMENT FD 29,228,561.17 FED HOME LOAN BANK NOTES 7,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 149,782.64 TOTAL INVESTMENTS $36,917,749.30 TOTAL CASH $36,988,465.72 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summa provides sufficient cash flow liquidity to meet the next six month's estima ed ex en Itu es. James DeStefano, Lasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of November 2009 Purchase Institution Investment Type Rating Date Maturity Date Term Amount At Cost Current Par) Original Par Fair Market Value " Rate State of California Local Agency Inv Fund AAA 29,228,561.17 29,274,175.58 0.646% Wells Fargo Bank US Treasury Money Market AAA $539,405.49 539,405-49 0.010% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 149,782.64 149,782.64 0.050% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 03123/09 09/23/11 2.5 Yrs 1,000,000 1,000,000 1,004,850.00 2.125% Wells Fargo Inst Securities FNMA- Fed Mortgate Assoc AAA 12/23/09 12/23111 3.00 Yrs 1,000,000 1,000,000 1,005,630.00 2.400% Wells Fargo Inst Securities FHLB - Federal Home Loan AAA 02117/09 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 06122/09 06/22112 3.0 Yrs 1,000,000 1,000,000 1,000,940.00 2.000% Wells Fargo Inst Securities FHLB - Federal Home Loan AAA 10109/09 10/09112 3.0 Yrs 1,000,000 1,000,000 1,005,310.00 2050% Wells Fargo Inst Securities FHLB - Federal Home Loan AAA 11109/09 11/09112 3.0 Yrs 1,000,000 1,000,000 1,000,310.00 2.250% Totals for month $ 36,917,749.30 $ 36,984,473.71 Less Investments matured during the month 0.00 Total Investments: $ 36,917,749.30 2008-09 Actual Interest Income $924,028.59 2009-10 Budgeted Interest Income $671,200.00 Actual Year -To -Date Interest Income $97,505.66 Percent of Interest Received to Budget 14.527% Allocation of Book Value of Investment by Type (By Percent) LAIF Fund _ - --- - 79.17% Federal Agency Securities 18.96% U.S Treasury Money Market I Total Investment- $36.917,749 1.87% Source of Fair Market Value: Wells Fargo Institutional Securities, LLC TYPE OF INVESTMENTS: Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed t Treasurer and regulated by the State law. The City Investment Pc limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government se certificates of deposit and highly rated commercial paper. The Cit Policy places no limit on this type of investment. Federal Agency Security Federal Agency Securities are issued by direct U.S Government quasi -government agencies. Many of these issues are guarantee indirectly by the United States Government. The City Investment a 40% limit on this type of investment. CITY COUNCIL Agenda 9 6.5 Meeting Date: January 19, 2010 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man6 TITLE: Transmittal of Comprehensive Annual Financial Report for the year ended June 30, 2009. RECOMMENDATION: Receive and file. FINANCIAL IMPACT: None BACKGROUND: The FY 2008-2009 annual audit has been completed by the City's independent auditing firm of Diehl, Evans and Company L.L.P. Part of the audit contract includes the completion, with staff's assistance, of the Comprehensive Annual Financial Report. DISCUSSION: The City's Finance Department in concert with the City's independent auditing firm of Diehl, Evans and Company L. L. P. has prepared the Fiscal Year 2008-2009 Comprehensive Annual Financial Report (CAFR). This report has been prepared in conformance with the requirements of GASB 34. As a result the report format includes Management Discussion and Analysis, Required Supplementary Information and the Government -wide Financial Statements which include the Statement of Net Assets and Statement of Activities. As required by GASB 45, this year the CAFR includes disclosure of the City's Other Post Employment Benefits (OPEB) liability. In connection with the retirement benefits for employees provided through California Public Employees Retirement System (PERS), the City provides post- retirement health care benefits to retirees through the PERS Health Benefits program. Although the retiree pays most of the cost of this benefit, the City is required to pay a portion of this cost. The Page Two — City Council Agenda Report Transmittal of Comprehensive Annual Financial Report City's OPEB obligation is derived from this benefit. It is anticipated that options for the funding of the City's OPEB obligation will be discussed with the City Council at a study session in the near future. The Finance Department has submitted the CAFR to the Government Finance Officers Association (GFOA) for review and the certificate of excellence award program. The City has been honored to receive this award for the past fourteen consecutive years. PREPARED BY: Linda G. Magnuson REVIEWED BY: Departniek Head an - Assistant Cit anager Attachments: FY 08-09 Comprehensive Annual Financial Report CITY OF DIAMOND BAR, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2009 Prepared by: FINANCE DEPARTMENT Linda G Magnuson Director of Finance CITY OF DIAMOND BAR TABLE OF CONTENTS June 30, 2009 INTRODUCTORY SECTION: Letter of Transmittal GFOA Certificate of Achievement for Excellence in Financial Reporting Organization Chart List of Elected and Administrative Officials FINANCIAL SECTION: Independent Auditors' Report Management's Discussion and Analysis (Required Supplementary Information) Basic Financial Statements: Government -wide Financial Statements: Statement of Net Assets Statement of Activities Fund Financial Statements: Governmental Funds: Balance Sheet Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets Statement of Revenues, Expenditures and Changes in Fund Balances Reconciliation of the Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances to the Statement of Activities Proprietary Funds: Statement of Net Assets Statement of Revenues, Expenses and Changes in Fund Net Assets Statement of Cash Flows Notes to Basic Financial Statements Page NnmhPr 1-2 3-12 13 14 15 16-17 19 20-21 22 23 24 25 27-50 CITY OF DIAMOND BAR TABLE OF CONTENTS (CONTINUED) June 30, 2009 FINANCIAL SECTION (CONTINUED): Page Number Required Supplementary Information: Schedule of Funding Progress: 51 Postemployment Benefits Other Than Pensions 52 Budgetary Comparison Schedules: 53 General Fund 54 Proposition 1B Bond Special Revenue Fund 55 Note to Required Supplementary Information 56 Supplementary Information: Other Governmental Funds: Combining Balance Sheet 57 Combining Statement of Revenues, Expenditures and Changes in Fund Balances 59 Other Special Revenue Funds: 60-61 Combining Balance Sheet 62-65 Combining Statement of Revenues, Expenditures and Changes in Fund Balances 66-69 Schedules of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual: State Gas Tax Fund 70 Proposition C Transit Fund 71 Intermodal Surface Transportation Enhancement Act (ISTEA) Special Revenue Fund 72 Integrated Waste Management Fund 73 Traffic Improvement Fund 74 Traffic Congestion Relief Fund 75 Air Quality Improvement Fund 76 Trails & Bikeways Fund 77 California Law Enforcement Equipment Program (CLEEP) Fund 78 Proposition A Transit Fund 79 Community Development Block Grant (CDBG) Fund 80 Citizens Option for Public Safety (COPS) Fund 81 Asset Seizure Fund 82 Landscape Maintenance District Fund 83 Park and Facility Development Special Revenue Fund 84 Major Capital Projects Fund: 85 Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual: Capital Improvement Fund - Major Fund 86 CITY OF DIAMOND BAR TABLE OF CONTENTS (CONTINUED) June 30, 2009 FINANCIAL SECTION (CONTINUED): Supplementary Information (Continued): Page Number Internal Service Funds: 87 Combining Statement of Net Assets 88 Combining Statement of Revenues, Expenses and Changes in Fund Net Assets 89 Combining Statement of Cash Flows 90 STATISTICAL SECTION: Description of Statistical Section Contents 91 Financial Trends: Net Assets by Component - Last Seven Fiscal Years 92-93 Changes in Net Assets - Last Seven Fiscal Years 94-95 Fund Balances of Governmental Funds - Last Seven Fiscal Years 96-97 Changes in Fund Balances of Governmental Funds - Last Seven Fiscal Years 98-99 Revenue Capacity: Assessed and Estimated Actual Value of Taxable Property - Last Ten Fiscal Years 101 Direct and Overlapping Property Tax Rates - Last Ten Fiscal Years 102-103 Top 10 Property Taxpayers - Current Fiscal Year and Nine Fiscal Years Ago 104 Secured Property Tax Levies and Collections - Last Ten Fiscal Years 105 Debt Capacity: Ratios of Outstanding Debt by Type - Last Ten Fiscal Years 106 Direct and Overlapping Debt 107 Computation of Legal Debt Margin - Last Ten Fiscal Years 108 Demographic and Economic Information: Demographic and Economic Statistics - Last Ten Calendar Years 109 Principal Employers - Current Fiscal Year and Nine Fiscal Years Ago 110 Operating Information: Full -Time Equivalent City Employees by Function - Last Ten Fiscal Years 111 Operating Indicators by Function - Last Ten Fiscal Years 112 Capital Asset Statistics by Function - Last Seven Fiscal Years 113 Carol Herrera Mayor Steve Tye Mayor Pro Tem Ling -Ling Chang Council Member Ron Everett Council Member Jack Tanaka Council Member Recycled paper December 18, 2009 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com Honorable Mayor and Members of the City Council City of Diamond Bar Diamond Bar, California It is a pleasure to submit the Comprehensive Annual Financial Report of the City of Diamond Bar for the fiscal year ended June 30, 2009. This report consists of management's representations concerning the finances of the City. Consequently, responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the City's management. To provide a reasonable basis for making these representations, management of the City has established a comprehensive internal control framework that is designed both to protect the City's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City's financial statements in conformance with generally accepted accounting principles (GAAP). Because the cost of internal controls should not outweigh their benefits, the City's comprehensive framework of internal controls has been designed to provide assurance that the financial statements will be free from misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material aspects. The City's financial statements have been audited by Diehl, Evans and Company L.L.P., a firm of certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for fiscal year ended June 30, 2009, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded based upon the audit that there was a reasonable basis for rendering an unqualified opinion that the City's financial statements for the fiscal year ended June 30, 2009, were fairly presented inconformity with GAAP. The independent auditor's report is presented as the first component of the financial section of this report. -a- The independent audit of the financial statements of the City of Diamond Bar was part of a broader, federally mandated "Single Audit" designed to meet the special needs of federal grantor agencies. The standards goveming Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the audited City's internal controls and legal requirements involving the administration of federal awards. These reports are available in the City's separately issued Single Audit Report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD&A). This letter of transmittal is designed to complement MD&A and should be read in conjunction with it. The City's MD&A can be found immediately following the report of the independent auditors. PROFILE OF THE CITY OF DIAMOND BAR The City, incorporated in 1989, is located at the junction of the 57 and 60 freeways. As a result, the City of Diamond Bar is at the hub of the Los Angeles basin transportation network. A twenty-five mile radius encompasses Pasadena, downtown Los Angeles, Long Beach, Irvine and Riverside. Diamond Bar is a relatively young residential community of about 60,360, situated among the meandering hills and valleys of Brea Canyon. Many desired services can be found in Diamond Bar's shopping and business centers. Recreational opportunities within the City include more than 70 acres of developed park facilities, hiking trails, a new community center, an 18 -hole public golf course and 370 acres of undeveloped publicly owned open space. The City has operated under the council-manager form of government since incorporation. Policy making and legislative authority are vested in a five member City Council. The City Council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and task forces, and hiring both the City Manager and City Attorney. The City Manager is responsible for overseeing the day -to day operations of the City, and for appointing the heads of the various departments. The Council is elected on a non-partisan basis. Council members serve four-year staggered terms, with elections held every other year. Each December, the City Council selects a mayor and mayor pro tem from its membership. The City of Diamond Bar is a contract city and as such contracts for many of its services. This includes police services, building and safety services, engineering, road maintenance and landscape maintenance. The Los Angeles County Fire District provides fire protection, which is independent of the City. Funds are collected through property tax bills and are disbursed directly to the Los Angeles County Fire District by the Los Angeles County Tax Collector's Office. Water services for the City are provided by the Walnut Valley Water District. Refuse collection is provided by private waste collection companies. Additionally, schools are provided by both the Walnut Valley Unified School District and the Pomona Unified School District. Accordingly, none of these activities are included in this report. ECONOMIC CONDITION AND OUTLOOK During the last few years, the City of Diamond Bar's economy had seen a slight improvement. At the end of fiscal year 07-08 the nation and City's economy started a downward spiral. During fiscal year 08-09 this downward trend continued. Retail sales were down and unemployment numbers reached new heights. This along with the major budget shortfalls experienced by the State, are of a major concern to the City of Diamond Bar. Recent headlines have been filled with news about the slowing economy and budget woes at the State level. With the status of State funds as uncertain as ever, it is anticipated that more of the financial burden will fall upon municipal agencies. This is evidenced by the State's planned borrowing of 8% the City's property tax allocations in fiscal year 09-10. The City's fiscal year 2009-2010 budget has been prepared to weather the economic downturn in an effort to leave reserves intact for capital outlay and future plans. The erosion of the City's sales tax base continues to be a major concern. As a result there continues to be an emphasis on Economic Development within the City. During the year, the City continued to work on the annexation of the Crestline area. This annexation area contains a major sales tax producer which will benefit the City of Diamond Bar. In October 2007, Majestic Realty announced its plans to develop a professional football stadium based entertainment, retail and office development in the neighboring city, City of Industry. The NFL stadium is proposed to seat 75,000 people and will be surrounded by retail shops, restaurants, a live theater, movie theater, outpatient medical center, and offices along with necessary parking structures. It is anticipated that Phase 1 which includes the stadium will be open for business in the fall of 2011. The City will be seriously impacted by increased traffic since the primary access to the venue will be at the Orange (SR57) and Pomona (SR -60) interchange located within the City of Diamond Bar. On April 7, 2009 the City approved a settlement agreement with the City of Industry addressing environmental and operational concerns. This agreement provides much needed funding for traffic improvements, noise mitigation, and future funding for City facilities. In an ongoing effort to find opportunities to fund City operations, the City spent most of fiscal year 08-09 negotiating new waste hauler contracts. In the past the City's contracts did not include a franchise fee unlike most municipalities in the area. The contract negotiations were completed and contract was approved in the early part of fiscal year 09-10. In fiscal year 09-10, the City will continue to explore opportunities to expand its sales tax and property tax base with new development opportunities in its commercial areas. Development opportunities in the City's commercial areas include the Walnut Valley Trailer Park site; site "D"; the former Honda dealership site; and the K -Mart Property. The City's future economic health is being secured by building healthy reserves through fiscally conservative budgets and policies in addition to aggressively pursuing economic development opportunities. AWARDS The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Diamond Bar for its comprehensive annual financial report for the fiscal year ended June 30, 2008. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, with contents that conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. The City of Diamond Bar has received the Certificate of Achievement for the last fourteen consecutive years (fiscal years ended 1995 through 2008). We believe our current report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to GFOA to determine its eligibility for another certificate. REPORTING ENTITY AND ITS SERVICES This Comprehensive Annual Financial Report includes all funds of the City. The City directly provides a limited range of services and contracts for several other services. The City's significant reliance on contracted services has the benefit of reducing expenses to the citizens of the City of Diamond Bar while simultaneously providing the City with a high degree of flexibility in responding to changing economic conditions. Contracted services include police protection, building and safety, street maintenance, park maintenance, capital improvement projects, animal control, attorney services and engineering. Staff provided services include: community development (which includes planning, economic development, building and safety management, and neighborhood improvement), public works (which includes engineering, capital projects administration, street maintenance contract management, traffic and transportation matters, engineering contract management, and solid waste contract management), community services (which includes senior services, park maintenance, recreation services, community center operation, and landscape maintenance), community relations, subsidized transit ticket sales, grant administration, financial management, and administrative management. All of these activities are included in this report. Cash Management The City invests temporarily idle funds in accordance with the Government Code and the investment policy approved annually by the City Council. During fiscal year 08-09, most of the City funds were invested in the Local Agency Investment Fund (LAIF), which is administered by the State Treasurer's Office. In addition to LAIF, the City diversified its investment portfolio by also investing in U.S. Government Sponsored Enterprise Securities and Money Market Mutual Fund accounts that are in accordance with the City's investment policy. The City manages all of its cash and investments on a pooled basis. Interest earnings are allocated to the various funds based on their share of cash and investment balances. -iv- Risk Management The City of Diamond Bar is a member of the California Joint Powers Insurance Authority (CJP1A) for the purpose of pooling its general liability losses and claims with the other member agencies. The City is charged for the first $30,000 of each claim. Claims above $30,000 are shared by all the member agencies up to a maximum of $50,000,000 per occurrence. The City belongs to the CJPIA's Workers' Compensation Insurance Program. The administration of the workers' compensation program is similar to that of the authority's liability program. The City is charged for the first $50,000 of each claim. Losses from $50,001 to $100,000 per claim are pooled based on the member's share of losses under $50,000. Losses between $100,000 and $2,000,000 and employer's liability losses from $5,000,000 to $10,000,000 are pooled based. Costs between $2,000,000 and $300,000,000 are paid by excess insurance purchased by the CJPIA. Costs in excess of $300,000,000 are pooled based on payroll. The City carries Environmental Insurance through the CJPIA. This policy covers sudden and gradual pollution of property, streets, and storm drains owned by the City. There is a $50,000 deductible and is on a claims -made basis. Additionally, the City has all risk property insurance through the Authority. The City's property is currently insured according to a schedule of covered property submitted to the Authority by the City. There is a $5,000 per loss deductible. Premiums for the coverage are paid annually. The City has also established a self-insurance internal service fund to cover the City's share of any potential losses not covered by the CJPIA. The City Council established a policy of annually transferring $100,000 to the fund to create a self-insurance reserve. Policy states that when the reserve reaches $1,000,000, the reserves are deemed to be sufficient. No transfer was necessary this fiscal year, since the reserves reached that milestone in fiscal year 1998-99. The self-insurance reserve at June 30, 2009 was $1,093,966. Defined Benefit Pension Plan The City has contracted with the California Public Employees Retirement System (PERS) to provide retirement, disability, death and survivor benefits for all eligible full and part-time City employees. The pension benefit obligation varies from year to year and is computed as part of an actuarial valuation. For the three years ended June 30, 2007, 2008, and 2009 the employer contribution to PERS was 11.0518%, 10.91% and 10.733% respectively, of the annual covered payroll. The total contribution paid by the City included employer contributions as well as member contributions for which the City is contractually obligated to pay on behalf of its employees. The City's total contribution to the system including both the employer and employee's contribution was $648,666 for fiscal year 2008-2009. -v- Acknowledgements The preparation of this Comprehensive Annual Financial Report was made possible by the dedicated service of the City's Finance Department staff, and through the cooperation of the entire City staff. Each staff member has my sincere appreciation for the contributions made in the preparation of this Report. I would also like to thank our independent auditor, Diehl, Evans and Company L.L.P., for its expertise and advice in the preparation of the City's Comprehensive Annual Financial Report. In closing, without the leadership and support of the City Council of the City of Diamond Bar, the preparation of this Report would not have been possible. Sincerely, James DeStefano City Manager -vi- Certificate of Achievement for Excellence in Financial Reporting Presented to City of Diamond Bar California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2008 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers ,Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. 4 WMA fi N s President *Mr 44.::: off'' Executive Director Public Works Community Services Community )evelopment Building &f Neighborhood Safety* Improvement Economic Development City Clerk Planning City Council City Manager Assistant City Manager i Redevelopment) Agency I I HumanI I Information Finance Resources Systems Financing H City Attorney PublicI I Public— Information Safety 11UN"bu1710:1 City of Diamond Bar Organization Chart * = Contract Services *" — County Service CITY OF DIAMOND BAR ELECTED AND ADMINISTRATIVE OFFICIALS Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager Assistant City Manager City Clerk Director of: Community Services Community Development Finance Information Systems Public Works FISCAL YEAR 08-09 Ron Everett Carol Herrera Wen Chang Jack Tanaka Steve Tye James DeStefano David Doyle Tommye Cribbins Bob Rose Greg Gubman Linda Magnuson Ken Desforges David Liu THIS PAGE LEFT BLANK INTENTIONALLY DIEHL, EVANS & COMPANY, LLP CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS 5 CORPORATE PARK, SUITE 100 IRVINE, CALIFORNIA 92606-5165 (949) 399-0600 • FAX (949) 399-0610 www.diehlevans.com MICHAEL R LUDIN, CPA CRAIG W. SPRAKER, CPA NITIN P. PATEL, CPA ROBERT J. CALLANAN, CPA -PHILIP H. HOLTKAMP, CPA `THOMAS M. PERLOWSKI, CPA 'HARVEY J. SCHROEDER. CPA KENNETH R AMES. CPA 'WILLIAM C. PENTZ, CPA December 18, 2009 PROFESSIONAL CORPORATION INDEPENDENT AUDITORS' REPORT The Honorable Mayor and City Council of the City of Diamond Bar Diamond Bar, California We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Diamond Bar, California, as of and for the year ended June 30, 2009, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City of Diamond Bar's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Diamond Bar, California, as of June 30, 2009, and the respective changes in financial position and cash flows, where applicable, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. As described in Note 9 to the basic financial statements, the City adopted the provisions of Governmental Accounting Standards Board Statement No. 45, "Accounting and Financial Reporting by Employers for Postemployment Benefits Other than Pensions", for the year ended June 30, 2009. -1- OTHER OFFICES AT: 2965 ROOSEVELT STREET 613 W. VALLEY PARKWAY, SUITE 330 CARLSBAD, CALIFORNIA 92008-2389 ESCONDIDO. CALIFORNIA 92025-2598 (760) 729-2343 • FAX (760) 729-2234 (760) 741-3141 • FAX (760) 741-9890 In accordance with Government Auditing Standards, we have also issued our report dated December 18, 2009 on our consideration of the City of Diamond Bar's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The management's discussion and analysis and the other required supplementary information identified in the accompanying table of contents are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures to the management's discussion and analysis, and the schedule of funding progress, which consisted principally of inquiries of management regarding the methods of measurement and presentation of this required supplementary information. However, we did not audit the management's discussion and analysis or the schedule of funding progress and express no opinion on them. The budgetary comparison schedules and related note have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects -in relation to the basic financial statements taken as a whole. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Diamond Bar's basic financial statements. The introductory section, supplementary information, and statistical section as listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The supplementary information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. -2- MANAGEMENT'S DISCUSSION AND ANALYSIS THIS PAGE LEFT BLANK INTENTIONALLY CITY OF DIAMOND DAR Management's Discussion and Analysis June 30, 2009 As management of the City of Diamond Bar, we offer readers of the City of Diamond Bar's financial statements this narrative overview and analysis of the financial activities of the City of Diamond Bar for the fiscal year ended June 30, 2009. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal. Financial Highlights • The assets of the City of Diamond Bar exceeded its liabilities at the close of the fiscal year by $407,026,659 (net assets). Of this amount, $34,554,084 (unrestricted net assets) may be used to meet the City's ongoing obligations to citizens and creditors. • The total governmental funds revenues from all sources equaled $27,216,357. • The total cost of all City governmental funds programs equaled $27,666,818. • As of the close of the current fiscal year, the City of Diamond Bar's governmental funds reported combined ending fund balances of $37,130,401, a decrease of $861,061 in comparison with the prior year. Approximately $30 million of that amount is available for spending at the City's discretion. Although funds haven't been specifically reserved for economic development activities or for future capital projects to benefit the community it is anticipated in the future some of these funds may be used for these purposes. • At the end of the current fiscal year, unreserved fund balance for the general fund was $30,041,357, or almost one and two thirds the amount of general fund expenditures. • In April 2009, the City reached a settlement with the City of Industry over issues related to the proposed construction of a new NFL football stadium. This agreement has the potential to provide millions of dollars for traffic and noise mitigation and future community facilities to the City of Diamond Bar. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the City of Diamond Bar's basic financial statements. The City of Diamond Bar's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the basic financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements — The government —wide financial statements are designed to provide readers with a broad overview of the City of Diamond Bar's finances, in a manner similar to a private -sector business. The statement of net assets presents information on all of the City of Diamond Bar's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in new assets may serve as a useful indicator of whether the financial position of the City of Diamond Bar is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). See independent auditors' report. -3- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Overview of the Financial Statements (Continued) Government -wide financial statements (Continued) Both of the government -wide financial statements distinguish functions of the City of Diamond Bar that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City of Diamond Bar include general government, public safety, highways and streets, community development, and parks and recreation. The City of Diamond Bar currently has no business -type activities or enterprise funds. The government -wide financial statements include not only the City of Diamond Bar itself, but also a legally separate financing authority. Although legally separate, the Diamond Bar Financing Authority is included because the City is financially accountable for it. Fund financial statements — A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Diamond Bar, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. All of the funds of the City can be divided into two categories: governmental funds, and proprietary funds. Governmental Funds — Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, available at the end of the fiscal year. This information helps to determine whether there are more or fewer financial resources that can be spent in the near future to finance the City's programs. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impacts of the City's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City of Diamond Bar adopts an annual appropriated budget for its general fund. A budgetary comparison statement has been provided for the general fund to demonstrate compliance with this budget. Proprietary Funds — The type of proprietary funds that the City maintains are internal service funds that are used to allocate costs internally among the various functions of the City. The City of Diamond Bar uses these funds to account for its liability insurance costs and vehicle and computer replacement costs. Because these services predominantly benefit governmental rather than business -type functions, they have been included within governmental activities within the government -wide financial statements. Notes to the Basic Financial Statements — The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. Other Information — In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's budgetary control and accounting and expenditures in excess of appropriations. See independent auditors' report. -4- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Government -wide Financial Analysis As mentioned earlier, net assets may serve over time as a useful indicator of the City's financial position. The City of Diamond Bar's assets exceeded liabilities by $407,026,659 at the close of 2009. (see Table 1) By far the largest component of the City's net assets (90 percent) is its investment in capital assets (e.g., land, buildings, infrastructure, machinery, equipment, and construction in progress), less the related outstanding debt used to acquire those assets. The City of Diamond Bar uses these capital assets to provide services to its citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. Table 1 CITY OF DIAMOND BAR Statement of Net Assets Current and other assets Capital assets Total Assets Long-term debt outstanding Other Liabilities Total Liabilities Net assets: Invested in capital assets, net of debt Restricted Unrestricted Total Net Assets Governmental Activities 2009 2008 $44,603,746 $46,289,772 380,179,867 383,974,296 424,783,613 430,264,068 12, 542,475 12, 806, 584 5,214,479 6,160,699 17,756,954 18, 967, 283 367,529,907 370,949,296 4,942,668 4,110,985 34,554,084 36,236,504 $407,026,659 $411,296,785 The City's Net Assets decreased by $4,270,126. Most of this decrease is due to the decrease in the total value of capital assets due to the aging and resulting depreciation of the City's capital assets. At the end of fiscal year 2009 the City reports a 4.6 percent or $1,682,420 decrease in unrestricted net assets from the prior fiscal year. The City has continually expended its resources conservatively in anticipation of economic downturns which has resulted in being able to end the year with $34,554,084 in Unrestricted Net Assets. This year by using some of its resources the City was able to preserve service levels and continue to maintain its assets at the level the citizens of Diamond Bar have enjoyed since incorporation 20 years ago. See independent auditors' report. -5- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Government -wide Financial Analysis (Continued) Revenues The City's total revenues were $27.3 million, while the total cost of all programs and services was $31.6 million. Revenues this fiscal year were 3% higher than those of the prior year. There were increases and decreases across the revenue categories which resulted in the overall increase in revenue. Table 2 City of Diamond Bar Statement of Activities Revenues: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General Revenues Property taxes Transient occupancy taxes Sales Taxes Property Taxes in Lieu of Sales Taxes Franchise Taxes Property transfer tax Other taxes Motor vehicle in lieu Investment Income Other Total revenues Expenses: General Government Public Safety Highways and Streets Community Development Parks, Recreation and Culture Interest and Fiscal Charges Total expenses Increase(Decrease) in net assets Net assets - 0701/07 Net assets - 06/30/08 See independent auditors' report. 2009 2008 $4,605,467 $5,858,619 5,588,818 4,307,074 2,272,580 219,193 8,460,356 8,194,270 633,075 800,390 2,166,782 3,114,562 918,441 987,615 1,093,039 1,024,710 199,365 283,433 33,888 33,865 194,547 262,064 833,270 1,420,989 304,463 4,388 27, 304,091 26,511,172 5,159,300 4,473,666 5,396,083 4,944,729 13,931,211 12,034,669 1,959,303 2,251,196 4,950,687 5,188,977 177,633 392,548 31,574,217 29,285,785 (4,270,126) (2,774,613) 411,296,785 414,071,398 $407,026,659 $411,296,785 CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Government -wide Financial Analysis (Continued) The following are highlights of some of the major differences: Revenues • Charges for services decreased this year primarily due to last year's receipt of developer fees related to the construction of the Brookfield homes project. In addition normal development related fees dropped due to the poor economy. • The dramatic increase of over $1.2 million in operating grants and contributions is due to several different factors. The City received grants and allocations from various entities for specific purposes including traffic improvements, road maintenance and park improvements. Additionally the City increased solid waste fees which resulted in an additional $250 thousand. • The increase in the Capital Grants & Contributions is due to this year's receipt of Federal & State funds. The City received Federal Funds equaling $1,271,633 for improvements made to Grand Ave. In addition Prop 1B Bond funds were received from the State for street improvement purposes. • Property Tax revenues continued to increase slightly in fiscal year 08-09 even though the housing prices dropped considerably. It is anticipated this drop in prices will be reflected in fiscal year 09-10 property tax receipts. • Sales Tax and Property Tax in Lieu of Sales were dramatically lower this fiscal year primarily due to the drop in gasoline prices. Prices had reached an all time high of nearly $5/gallon then dropped to less than $3/gallon. The City is located at the intersection of several freeways and as a result some of its highest sales tax producers are service stations. The City also lost its only auto dealership in 2007causing further reduction. In addition the economy caused a drop in retail sales throughout the City. • Property Transfer tax was lower this year due to a slump real estate sales resulting from falling real estate prices and tighter lending practices by the mortgage industry. • Investment Income has decreased tremendously due to the extreme drop in investment yields. Interest rates started falling during fiscal year 07-08 and have continued to drop. At the beginning of fiscal year 07-08 the City was earning 5.255% average yield on a majority of its investments. By the end of fiscal year 08-09, the average yield on the same investments had dropped to 1.377%. Expenses This year expenses for the City totaled $31.6 million which is nearly $2.3 million or 7.8% more than the previous fiscal year. There were both increases and decreases in the various categories. The following are the highlights of the major differences: General Government was higher this year for several different reasons. Some of which included: legal expenses related to the NFL Stadium settlement agreement; reassignment of Management Analyst positions to the City Manager's office, and acquisition of land. There was an increase in Public Safety expenditures of approximately 9% this year. Contract rates with the L.A. County Sheriff's Department rose approximately 4.8% in fiscal year 08-09. This increase as well as the filling of vacancies in the contracted law enforcement positions contributed to this increased cost. Highways and Streets category was higher this year by a little over $1.9 million. During fiscal year 2007-08 the City completed additional rehabilitation of Grand Avenue. This in addition to two large slurry seal projects and work continuing on the City's new traffic management system caused the increase in this category. See independent auditors' report. -7- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Government -wide Financial Analysis (Continued) Expenses (Continued) The economic downturn caused a decrease in Community Development expenditures this year. Many development projects were put on hold and vacancies in the Planning Department were covered with contracted services. Interest rates on the outstanding variable rate lease revenue bonds were lower this year. During the year the City analyzed bond remarketing firms and found that another firm who has been able to obtain better rates for the City's bond issue. This in addition to lower interest rates overall and lower outstanding principal amount provided savings to the City. Financial Analysis of the City's Funds As noted earlier the City of Diamond Bar uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds - The focus of the City of Diamond Bar's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a City's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of Diamond Bar's governmental funds reported combined ending fund balances of $37,130,401, a decrease of $861,061 in comparison with the prior year. Of this amount, there is $2,728,176 reserved to liquidate contracts and purchase orders outstanding at the end of the year. The general fund is the chief operating fund of the City of Diamond Bar. At the end of the current fiscal year, the unreserved fund balance of the general fund was $30,041,357, while the total fund balance was $31,653,538. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance represents 165.3% of total general fund expenditures, while total fund balance represents 174.2% of the same amount. Since the City's incorporation in 1989, the City has been fiscally conservative contributing to healthy fund balance reserves. Several years ago the City chose to fund major maintenance projects from General Fund reserves when other funds were not available for this purpose. Fiscal year 2008-09 was the first year in which it was necessary to do so resulting in a decrease in General Fund fund balance reserves of $1,275,976. See independent auditors' report. -8- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Financial Analysis of the City's Funds (Continued) Governmental funds (Continued) Factors contributing to the change in General Fund balance reserves are as follows: • General Fund revenues were down nearly 12% or $2.2 million from fiscal year 07-08. Nearly half of that amount was due to the previously discussed drop in sales tax revenues. This in addition to the fact that last fiscal year the City received one time developer fees equaling $960 thousand made up for most of the reduction in General Fund revenues. • The City used General Fund reserves to purchase land for the purpose of building a park. • General Fund reserves were used to assist in the funding of two slurry seal projects, the Grand Avenue rehabilitation project and two traffic improvement projects. • Diamond Bar Center received a new emergency generator this year with the assistance of the General Fund. • Conservative expenditure budgets over the years have contributed to the City's general fund healthy fund balance reserve. This includes a contract city business model which aides the City in containing costs. Recently the State issued voter approved transportation bonds (Prop 1B). As soon as the funds became available the City submitted a claim for the City's share. As a result the City received the money in anticipation of completing the budgeted projects. This provided the City an opportunity to earn interest on the money while the projects were being awarded. This resulted in the City being able to earn interest on the unused funds. The ending fund balance of $32,012 was derived from the interest revenue. During the fiscal year the City used $978,356 in Prop 1B money on three slurry seal projects, and two traffic control projects. The Capital Improvement Capital Projects Fund ended the year with a negative fund balance of $425,089 as opposed to a negative of $361,238 in the previous year. Ideally this fund should carry a zero fund balance. Capital project expenditures are accounted for in this fund along with their offsetting revenues and transfers. Due to revenue and expenditure accruals, it is not unusual for the fund to carry a negative balance since many of the capital improvement projects are funded with reimbursable grants. See independent auditors' report. -9- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 General Fund Budgetary Highlights Original revenue budget projections were decreased during the year by 5.55% to reflect more conservative revenue projections. The actual revenue came in slightly less than anticipated. There were categories which exceed expectations and some that obviously were less than anticipated. The General Fund taxes category include property taxes, sales tax, franchise tax and property transfer tax. Unfortunately these revenues fell short of the revenue estimate by $222,625. The variance between the amount budgeted and the amount received is primarily due to the over estimation of anticipated sales tax revenue. The City anticipated receiving FEMA reimbursement which is still in contention. This caused the budgeted revenue in the Intergovernmental category to exceed actual revenue received. Although the revenue anticipated for Licenses, Permits and Fees was reduced during the year, actual receipts still came in $113,916 less than anticipated. On the other hand Rents and Concessions continued to grow with the popularity of the Diamond Bar Center and other park venues resulting in revenues coming in higher than expected. Although there was an increase in General Fund appropriations for the year of 6.07% from the original budget to the amended budget, the final expenditures actually came in less than the original budget or $1,782,281 less than budgeted. At the end of the year, there were General Fund open encumbrances equaling $416,339 which was carried over into fiscal year 09-10. Reasons for the difference between budget and actual expenditures include salary savings from staff vacancies, savings from low interest rates on the City's variable rate debt, various studies and projects which were either postponed or cancelled and overall cost cutting measures implemented by all departments. Capital Asset and Debt Administration Capital assets - The City of Diamond Bar's investment in capital assets for its governmental activities as of June 30, 2009 amounts to $380,179,867 (net of accumulated depreciation). This investment in capital assets includes land, buildings and improvements, furniture and fixtures, vehicles and equipment, infrastructure and construction in progress. The total decrease in the City's investment in capital assets was approximate 1% from the previous year. Table 3 City of Diamond Bar Capital Assets (net of depreciation) Land Right of Way Buildings and Improvements Furniture and Fixtures Vehicles & Equipment Infrastructure Construction in Progress 2009 2008 $6,587,349 $6,206,190 256,536,095 256,536,095 14,564,532 15,195,460 17,260 7,692 515,494 653,078 100,633,516 103, 882, 787 1,325,621 1,492,994 $380,179,867 $383,974,296 See independent auditors' report. -10- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Capital Asset and Debt Administration (Continued) Capital assets (Continued) The City's capital assets decreased in value $3,794,429 during fiscal year 08-09. The total value of capital assets decreased due to the aging and resulting depreciation of the City's capital assets. One of the City Council's fiscal year 08-09 goals was to establish a neighborhood park in the Washington Street area. In October 2008, the City purchased a piece of property for this purpose resulting in an increase in City owned land. The design of this new park will be completed in fiscal year 09-10. Park construction will follow soon thereafter. The overall decrease in the value of the City's capitalized assets is due to the depreciation of the City's infrastructure. Significant additions to capital assets include: • The Diamond Bar Center received new ADA compliant restroom doors and a new emergency generator during the year. • Improvements were made to Paul Grow Park including new sidewalks, picnic table areas, and ADA upgrades to the park restroom building. • The new trail and access point at Clear Creek Canyon/Steep Canyon for the Sycamore Canyon trail were completed and opened for use during the year. • Traffic signal improvements include a new signal at Golden Springs and Racquet Club, modifications and improvements to seven intersections including: Intersection of Diamond Bar Blvd and Shadow Canyon Intersection of Golden Springs and Prospectors Intersection of Brea Canyon Road and Golden Springs Intersection of Diamond Bar Blvd and Golden Springs Intersection of Brea Canyon Road and Pathfinder Intersection of Brea Canyon Road and Diamond Bar Blvd Intersection of Golden Springs and Lemon • Sidewalk additions include new ADA curb ramps for areas near several schools within the City. Construction in progress at the end of the year included eight projects in various stages of construction. There were four park improvement projects in progress totaling $234,035. There was a city hall computer room sprinkler improvement project and a median progress in progress at the end of the year as well. The other two projects equaling $1,064,650 are the traffic management system and an interconnect links project. Additional information on the City's capital assets can be found in note 4. Long-term debt — At the end of the current fiscal year, the City of Diamond Bar's total long-term debt equaled $13,172,475. This is the first year that the City was required to report its OPEB obligation. At this time the City is using a pay as you go methodology for funding its OPEB. The City's long-term debt includes the net OPEB obligation which is the difference between the amounts paid on the pay as you go basis versus the actuarially computed Annual Required Contribution. As a result the following table shows the breakdown of the long-term debt outstanding. See independent auditors' report. -11- CITY OF DIAMOND BAR Management's Discussion and Analysis (Continued) June 30, 2009 Capital Asset and Debt Administration (Continued) Long-term debt (Continued) City of Diamond Bar Outstanding Long Term Debt at Year-end Variable Rate Lease Revenue Bonds (backed by the Public Financing Authority) $12,760,000 Unamoritzed Bond Discount (110,040) Compensated Absences (backed by the City) 457,728 Net OPEB Obligation 64,787 $13,172,475 Additional information on the City's long-term debt can be found in note 5. Economic Factors and Next Year's Budgets and Rates While the City maintains a diverse and upscale housing stock, the City's economy is equally dependent on commercial and retail revenues. The City's concentration on maintaining and attracting new business clientele is of utmost importance. The City's 2009-2010 budget is a fiscally conservative budget. The poor economy and worsening condition of the State's budget continue to be a major concern. As a result anticipated revenues in the General Fund have been reduced. At the same time, the expenditure budget is slightly more than the prior year's appropriations. This budget presents an operating plan that permits the City to live within a reasonable estimate of revenues while continuing to provide community programs and services to the residents of the City of Diamond Bar. To combat some of the economic uncertainties the City has recently completed a fee study. This study evaluated the City's current fee structure to verify that costs associated with fees are recovered. It is anticipated that there may be a slight increase in fees to offset the cost of providing service in the near future. When the City's waste hauler contracts were set to expire, the City looked at other jurisdictions in the area and found that it was not unreasonable to negotiate a franchise fee into the new contracts. These fees effective in August, 2010 will provide the City with an addition revenue stream in which to fund operations. The City has made a conscientious decision to use some general fund balance reserves for economic development purposes. As a result, the fiscal year 2010 budget includes an appropriation for economic development. It is anticipated that these efforts will continue to be rewarded in the near future with the development of several new retail spaces. Contacting the City's Financial Management This financial report is designed to provide our citizens, taxpayers, customers, and creditors with a general overview of the City of Diamond Bar's finances and to show the City's accountability for the money it receives. If you have questions about this report or need additional financial information, contact the City's Finance Department, at the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California 91765. See independent auditors' report. -12- GOVERNMENT -WIDE FINANCIAL STATEMENTS THIS PAGE LEFT BLANK INTENTIONALLY CITY OF DIAMOND BAR STATEMENT OF NET ASSETS June 30, 2009 ASSETS: Cash and investments (Note 2) Accounts receivable Interest receivable Due from other governments Due from employees Notes receivable Deferred charges Restricted assets: Cash and investments with fiscal agents (Note 2) Capital assets, not depreciated (Note 4) Capital assets, depreciated, net (Note 4) TOTAL ASSETS LIABILMS: Accounts payable Accrued payroll Interest payable Deposits payable Retentions payable Unearned revenue Due to other governments Advance from other governments Noncurrent liabilities: Due within one year (Note 5) Due in more than one year (Note 5) TOTAL LIABILITIES NET ASSETS: Invested in capital assets, net of related debt Restricted for: Debt service Capital projects Public safety Community development Unrestricted TOTAL NET ASSETS See independent auditors' report and notes to basic financial statements. -13- Governmental A rtivitirc $ 40,354,654 328,266 137,010 2,701,450 7,838 243,057 505,400 326,071 264,449,065 115,730,802 424,783,613 1,641,765 150,449 5,156 1,032,686 196,538 1,014,606 311,790 231,489 630,000 12,542,475 17,756,954 367,529,907 305,915 3,526,991 541,482 568,280 34,554,084 $ 407,026,659 CITY OF DIAMOND BAR STATEMENT OF ACTIVITIES For the year ended June 30, 2009 Functions/programs Expenses Governmental activities: Net (Expense) General government $ 5,159,300 Public safety 5,396,083 Highways and streets 13,931,211 Community development 1,959,303 Parks, recreation Program Revenues and culture 4,950,687 Interest on long-term debt 177,633 Total governmental activities $ 31,574,217 $ 4,605,467 $ 5,588,818 $ 2,272,580 (19,107,352) General revenues: Taxes: Property taxes Transient occupancy taxes Sales taxes Property taxes in lieu of sales taxes Franchise taxes Property transfer tax Other taxes Unrestricted motor vehicle in lieu Investment income Other revenues Total general revenues Change in net assets NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR See independent auditors' report and notes to basic financial statements. -14- 8,460,356 633,075 2,166,782 918,441 1,093,039 199,365 33,888 194,547 833,270 304,463 14,837,226 (4,270,126) 411,296,785 $ 407,026,659 Net (Expense) Revenue and Changes in Program Revenues Net Assets Charges Operating Capital for Grants and Grants and Governmental Services Contributions Contributions Activities $ 132,262 $ 140,473 $ - $ (4,886,565) 1,017,336 101,426 - (4,277,321) 1,732,985 4,042,954 2,272,580 (5,882,692) 17,602 1,108,781 - (832,920) 1,705,282 195,184 - (3,050,221) - - - (177,633) Total governmental activities $ 31,574,217 $ 4,605,467 $ 5,588,818 $ 2,272,580 (19,107,352) General revenues: Taxes: Property taxes Transient occupancy taxes Sales taxes Property taxes in lieu of sales taxes Franchise taxes Property transfer tax Other taxes Unrestricted motor vehicle in lieu Investment income Other revenues Total general revenues Change in net assets NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR See independent auditors' report and notes to basic financial statements. -14- 8,460,356 633,075 2,166,782 918,441 1,093,039 199,365 33,888 194,547 833,270 304,463 14,837,226 (4,270,126) 411,296,785 $ 407,026,659 FUND FINANCIAL STATEMENTS THIS PAGE LEFT BLANK INTENTIONALLY GOVERNMENTAL FUNDS GENERAL FUND The General Fund has been classified as a major fund and is used to account for resources traditionally associated with government, which are not legally or by sound financial management to be accounted for in another fund_ SPECIAL REVENUE FUND The Special Revenue Funds are used to account for the proceeds of specific revenue sources that are restricted by law or administrative action for a specified purpose. The following Special Revenue Funds have been classified as major funds in the accompanying financial statements: Proposition 1B Bond Fund - This fund is used to account for the receipt and expenditures of Proposition 1B Bond funds from the State of California. CAPITAL PROJECTS FUND The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by Special Revenue Funds). Capital Improvement Fund - This fund is used to account for the costs of constructing street improvements, park improvements and other public improvements not normally included within the other Capital Projects funds. Financing is provided by developer fees and interfund transfers from the Special Revenue Funds and the General Fund. -15- CITY OF DIAMOND BAR BALANCESBEET GOVERNMENTAL FUNDS June 30, 2009 ASSETS ASSETS: Cash and investments Cash and investments with fiscal agents Accounts receivable Interest receivable Due from other funds (Note 3) Due from employees Due from other governments Notes receivable TOTAL ASSETS LIABILITIES AND FUND BALANCES LIABILITIES: Accounts payable Accrued payroll Deposits payable Due to other funds (Note 3) Deferred revenue Retentions payable Advances from other governments TOTAL LIABILITIES FUND BALANCES (DEFICIT): Reserved for: Encumbrances Bond retirement Debt service Unreserved, Reported in: General Fund Special Revenue Funds Capital Projects Funds TOTAL FUND BALANCES (DEFICIT) TOTAL LIABILITIES AND FUND BALANCES See independent auditors' report and notes to basic financial statements. -16- Special General 1B Bond Fund Fund $ 32,162,647 $ 879,731 15,000 - 239,658 - 137,010 - 555,737 - 7,838 - 1,275,498 - $ 34,393,388 $ 879,731 $ 1,064,877 $ - 143,587 - 1,032,686 - 497,843 847,719 857 - 2,739,850 847,719 416,339 - 1,195,842 - 30,041,357 - - 32,012 31,653,538 32,012 $ 34,393,388 $ 879,731 Capital $ 336,316 $ 1,641,765 Projects Fund 6,862 150,449 Capital Other Total Improvement Governmental Governmental Fund Funds Funds 195,681 - 196,538 $ - $ 5,201,695 $ 38,244,073 - 311,071 326,071 - 88,608 328,266 - 137,010 - - 555,737 - - 7,838 310,120 1,115,832 2,701,450 - 243,057 243,057 $ 310,120 $ 6,960,263 $ 42,543,502 $ 240,572 $ 336,316 $ 1,641,765 - 6,862 150,449 - - 1,032,686 119,308 436,429 555,737 179,648 79,227 1,604,437 195,681 - 196,538 - 231,489 231,489 735,209 1,090,323 5,413,101 2,252,141 59,696 2,728,176 - - 1,195,842 - 311,071 311,071 - 30,041,357 5,499,173 5,531,185 (2,677,230) - (2,677,230) (425,089) 5,869,940 37,130,401 $ 310,120 $ 6,960,263 $ 42,543,502 -17- THIS PAGE LEFT BLANK INTENTIONALLY -18- CITY OF DIAMOND BAR RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET ASSETS June 30, 2009 Fund balances for governmental funds Amounts reported for governmental activities in the Statement of Net Assets are different because: Capital assets, net of depreciation, have not been included as financial resources in governmental fund activity. Long-term liabilities applicable to the City governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. Also, bond issuance costs do not provide current financial resources and are not reported in the governmental funds. All liabilities, both current and long-term, are reported in the Statement of Net Assets. Balances at June 30, 2009 are: Bonds payable Deferred charges for issuance costs Bond discount Compensated absences Other post -employment benefit obligation Accrued interest payable from the current portion of interest due on bonds payable has not been reported in the governmental funds. Certain amounts due from other governments that are not available to pay for current period expenditures and, therefore, are recorded as deferred revenue in the governmental funds. Internal service funds are used by management to charge the costs of certain activities, such as equipment management, to individual funds. The assets and liabilities of the internal service funds must be added to the Statement of Net Assets. Net assets of governmental activities See independent auditors' report and notes to basic financial statements. -19- $(12,760,000) 505,400 110,040 (457,728) (64,787) $ 37,130,401 380,138,731 (12,667,075) (5,156) 589,831 1,839,927 $ 407,026,659 CITY OF DIAMOND BAR STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS For the year ended June 30, 2009 REVENUES: Taxes Special assessments Intergovernmental revenue Charges for services Fines and forfeitures Licenses, permits and fees Investment income Other revenues TOTAL REVENUES EXPENDITURES: Current: General government Public safety Highways and streets Parks, recreation and culture Community development Capital outlay Debt service: Principal Interest and fiscal charges • A' :1'1• M1L Js_ EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES): Transfers in Transfers out TOTAL OTHER FINANCING SOURCES (USES) NET CHANGE IN FUND BALANCES FUND BALANCES (DEFICIT) - BEGINNING OF YEAR FUND BALANCES (DEFICIT) - END OF YEAR See independent auditors' report and notes to basic financial statements. -20- 18,257,418 1,002,546 5,071,860 - 5,375,941 - 2,613,656 - 3,673,282 - 1,437,457 - 18,172,196 - 85,222 1,002,546 1,404,842 - (2,766,040) (978,356) (1,361,198) (978,356) (1,275,976) 24,190 32,929,514 7,822 $ 31,653,538 $ 32,012 Special Revenue Fund Propostion General 1B Bond Fund Fund $ 9,119,375 $ - 5,279,845 978,356 601,533 - 1,445,324 - 792,385 24,190 1,018,956 - 18,257,418 1,002,546 5,071,860 - 5,375,941 - 2,613,656 - 3,673,282 - 1,437,457 - 18,172,196 - 85,222 1,002,546 1,404,842 - (2,766,040) (978,356) (1,361,198) (978,356) (1,275,976) 24,190 32,929,514 7,822 $ 31,653,538 $ 32,012 Capital Projects Fund Capital Other Total Improvement Governmental Governmental $ - $ - $ 9,119,375 550,822 550,822 685,059 5,138,206 12,081,466 - 1,460,828 1,460,828 - 601,533 - 1,445,324 121,478 938,053 - 1,018,956 685,059 7,271,334 27,216,357 5,071,860 - 31,535 5,407,476 2,994,214 5,607,870 - 3,673,282 - 508,494 1,945,951 5,508,167 - 5,508,167 - 265,000 265,000 - 187,212 187,212 5,508,167 3,986,455 27,666,818 (4,823,108) 3,284,879 (450,461) 4,759,257 489,538 6,653,637 - (3,319,841) (7,064,237) 4,759,257 (2,830,303) (410,600) (63,851) 454,576 (861,061) (361,238) 5,415,364 37,991,462 $ (425,089) $ 5,869,940 $ 37,130,401 -21- Cly6XIIA0/Wk, I RECONCILIATION OF THE GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDn-URES AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES For the year ended June 30, 2009 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - total governmental funds Governmental funds report capital outlays as expenditures. However, in the Statement of Activities, the cost of those assets is allocated over the estimated useful lives as depreciation expense. This is the amount by which depreciation exceeded capital expenses in the current period: Capital expenditures Depreciation expense The net effect of various miscellaneous transactions involving capital assets (i.e. sales, trade-ins and donations) is to decrease net assets. The issuance of long term debt provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial of governmental funds. Neither transaction, however, has any effects on net assets. Also, governmental funds report the effect of issuance costs, premiums, discounts and similar discounts and similar items when the debt is first issued, whereas these amounts are deferred and amortized in the Statement of Activities. These amounts are the net effect of these differences in the treatment of long-term debt and related items: Principal payment Amortization of bond discount Amortization of issuance costs Other post employment benefit obligation Compensated absences Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds: Interest expense Some revenues reported in the governmental funds are for funds that become available in the current year. These funds were already reported as revenues in the Statement of Activities in prior years. Internal service funds are used by management to charge the costs of certain activities, such as self-insurance, equipment management, and computer management, to individual funds. The net revenues (expenses) of the internal service funds is reported with governmental activities. Change in net assets of governmental activities See independent auditors' report and notes to basic financial statements. -22- $ 2,069,531 (5,840,890) $ 265,000 (4,585) (21,059) (64,787) (46,519) $ (861,061) (3,771,359) 128,050 14,164 47,756 172,324 $(4,270,126) CITY OF DIAMOND BAR STATEMENT OF NET ASSETS PROPRIETARY FUNDS June 30, 2009 ASSETS CURRENT ASSETS: Cash and investments NONCURRENT ASSETS: Capital assets: Machinery and equipment Less accumulated depreciation TOTAL NONCURRENT ASSETS TOTAL ASSETS CURRENT LIABILITIES: Accounts payable NET ASSETS Invested in capital assets Unrestricted TOTAL NET ASSETS See independent auditors' report and notes to basic financial statements. -23- Internal Service Funds $ 2,110,581 211,580 (170,444) 41,136 2,151,717 311,790 41,137 1,798,790 $ 1,839,927 CITY OF DIAMOND BAR STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS PROPRIETARY FUNDS For the year ended June 30, 2009 OPERATING EXPENSES: Insurance premiums Maintenance and operations Depreciation TOTAL OPERATING EXPENSES OPERATING LOSS NONOPERATING REVENUES: Investment income LOSS BEFORE TRANSFERS TRANSFERS IN CHANGE IN NET ASSETS TOTAL NET ASSETS - BEGINNING OF YEAR TOTAL NET ASSETS - END OF YEAR See independent auditors' report and notes to basic financial statements. -24- Internal Service $ 189,196 65,988 23,070 278,254 (278,254) 39,978 (238,276) 410,600 172,324 1,667,603 $ 1,839,927 CITY OF DIAMOND BAR STATEMENT OF CASH FLOWS PROPRIETARY FUNDS For the year ended June 30, 2009 CASH FLOWS FROM OPERATING ACTIVITIES: Insurance payments Payment to suppliers NET CASH USED BY OPERATING ACTTVITIS CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES: Cash received from other funds CASH FLOWS FROM INVESTING ACTIVITIES: Investment income NET INCREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS - BEGINNING OF YEAR CASH AND CASH EQUIVALENTS - END OF YEAR RECONCILIATION OF OPERATING LOSS TO NET CASH USED BY OPERATING ACTIVITIES: Operating loss Adjustments to reconcile operating loss to net cash used by operating activities: Depreciation Changes in operating assets and liabilities: Increase (decrease) in accounts payable NET CASH USED BY OPERATING ACTIVITIES See independent auditors' report and notes to basic financial statements. -25- Internal Service $ (393,396) (28,648) (422,044) 410,600 39,978 28,534 2,082,047 $ 2,110,581 $ (278,254) 23,070 (166,860) $ (422,044) THIS PAGE LEFT BLANK INTENTIONALLY -26- NOTES TO BASIC FINANCIAL STATEMENTS THIS PAGE LEFT BLANK INTENTIONALLY CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS June 30, 2009 1. REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES: a. Description of Reporting Entity: The City of Diamond Bar (the City) was incorporated April 18, 1989 as a"General Lave' City governed by an elected five -member city council. As required by accounting principles generally accepted in the United States of America, these financial statements present the City of Diamond Bar (the primary government) and its component units. The component units discussed below are included in the Citys reporting entity because of the significance of their operational or financial relationship with the City. These entities are legally separate from each other. However, the City of Diamond Bars elected officials have a continuing full or partial accountability for fiscal matters of the other entities. The financial reporting entity consists of: (1) the City (2) organizations for which the City is financially accountable; and, (3) organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the Cites financial statements to be misleading or incomplete. An organization is fiscally dependent on the primary government if it is unable to adopt its budget, levy taxes or set rates or charges, or issue bonded debt without approval by the primary government. In a blended presentation, a component units balances and transactions are reported in a manner similar to the balances and transactions of the City. Component units are presented on a blended basis when the component unifs governing body is substantially the same as the Cites or the component unit provides services almost entirely to the City. Blended Component Units: The Diamond Bar Community Redevelopment Agency (the Agency) was established February 6, 1996, pursuant to the State of California Health and Safety Code, Section 33000, entitled "Community Redevelopment LaW . Although it is a legally separate entity from the City, the Agency is reported as if it were part of the City because of its purpose to prepare and execute plans for improvement, rehabilitation and redevelopment of blighted areas within the territorial limits of the City. According to the California Supreme Courfs decision on August 9, 2000, the Agencys Redevelopment Plan was deemed invalid. No activities occurred during the year ended June 30, 2009. Accordingly, no financial statements of the Agency were issued. The Diamond Bar Public Financing Authority (the Authority) was formed on November 19, 2002. The purpose of the Authority is to issue debt to finance public improvements and other capital purchases for the City and Agency. The activity of the Authority is reported in debt service and capital projects funds. See independent auditors' report. -27- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 1. REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): b. Government -Wide and Fund Financial Statements: The government -wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the City. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. The City has no business -type activities. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds are reported as separate columns in the, fund financial statements. c. Measurement Focus, Basis of Accounting, and Financial Statement Presentation: The basic financial statements of the City are composed of the following: • Government -wide financial statements Fund financial statements • Notes to basic financial statements See independent auditors' report. INE CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 1. REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): c. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued): The government -wide financial statements and proprietary fund financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Under the economic resources measurement focus, all assets and liabilities (current and long-term) are reported. Under the accrual basis of accounting, revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the fiscal year, which the taxes are levied. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all the eligibility requirements imposed by the provider have been met. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary funds principal ongoing operations. The principal operating revenues of the Cites internal service funds are charges to departments for services. Operating expenses for the proprietary funds include the cost of services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under the current financial resources measurement focus, generally only current assets and liabilities are reported in the governmental funds. Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Under the modified accrual basis of accounting, revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, except for principal and interest on long-term liabilities, claims and judgments, and compensated absences which are recognized as expenditures only when payment is due. See independent auditors' report. -29- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 1. REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): c. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued): Property taxes, taxpayer -assessed taxes, such as sales taxes, gas taxes, and transient occupancy taxes, and interest associated with the current fiscal period are all considered to be susceptible to accrual and have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period to the extent normally collected within the availability period. All other revenue items are considered to be measurable and available only when cash is received by the City. The accounts of the City are organized and operated on the basis of funds, each of which is considered a separate accounting entity with a self -balancing set of accounts, established for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from unrestricted resources. d. Fund Classifications: The City reports the following major governmental funds: The General Fund is the primary operating fund of the City and is used to account for all revenues and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Public Works, Building and Safety, and Parks and Recreation. The Proposition 1B Bond Special Revenue Fund is used to account for the receipt and expenditures of Proposition 1B Bond funds from the State of California. The Capital Improvement Capital Proiects Fund is used to account for the costs of constructing street improvements, park improvements and other public improvements not normally included within the other Capital Projects funds. Financing is provided by developer fees and interfund transfers from the Special Revenue Funds and the General Fund. See independent auditors' report. -30- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): d. Fund Classifications (Continued): The City's fund structure also includes the following fund types: GOVERNMENTAL FUNDS Special Revenue Funds are used to account for the proceeds of specific revenue sources that are restricted by law or administrative action for a specified purpose. Debt Service Fund is used primarily to account for the accumulation of resources for the payment of principal and interest on long-term liabilities of the City. PROPRIETARY FUNDS Internal Service Funds have been established to finance and account for goods and services provided by one City department to other City departments or agencies. These activities include self-insurance, equipment and computer maintenance. e. Investments: For financial reporting purposes, investments are stated at fair value. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments of all funds, except for assets held by fiscal agents. Each funds share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated to the various funds based on each funds average cash and investment balances. f. Cash and Cash Equivalents: For purposes of the statement of cash flows, cash and cash equivalents are defined as short-term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity (an original maturity date of three months or less from the date of purchase) that they present insignificant risk of changes in value because of changes in interest rates. Cash and cash equivalents also represent the proprietary funds' share in the cash and investment pool of the City. All cash and investments of the proprietary (internal service) funds are pooled with the Citys pooled cash and investments and are therefore considered cash equivalents for purposes of the statement of cash flows. See independent auditors' report. -31- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 1. REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): g. Capital Assets: Capital assets (including infrastructure) are recorded at cost where historical records are available and at an estimated original cost where no historical records exist. Contributed capital assets are valued at their estimated fair market value at the date of contribution. Capital asset purchases (other than infrastructure) in excess of $1,500 are capitalized if they have an expected useful life of three years or more. Capital assets include additions to public domain (infrastructure), certain improvements including roads, streets, sidewalks, medians and storm drains within the City. In the fiscal year ended June 30, 2009, the City, with the assistance of an outside consultant, valued and recorded its public domain assets acquired prior to July 1, 2002. The City now has all of its infrastructure asset data valued and recorded in its entirety as of June 30, 2009. Capital assets used in operations are depreciated over their estimated useful lives using the straight-line method in the Government -wide and Proprietary Fund Financial Statements. Depreciation is charged as an expense against operations and accumulated depreciation is reported on the respective balance sheet. The lives used for depreciation purposes of each capital asset class are: Buildings and improvements 10 - 20 years Furniture and fixtures 3 - 5 years Vehicles and equipment 5 years Infrastructure 10 - 50 years h. Compensated Absences: Vacation and sick leave time begin to accumulate as of the first day of employment to a maximum of 160 hours. Employees who accumulate sick leave in excess of 160 hours are paid for the excess annually at one half the employee's current wage rate. A liability is recorded for unused vacation and similar compensatory leave balances since the employees' entitlement to these balances are attributable to services already rendered and it is probable that virtually all of these balances will be liquidated by either paid time off or payments upon termination or retirement. See independent auditorereport. -32- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 1. REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): h. Compensated Absences (Continued): A liability is recorded for unused sick leave balances only to the extent that ifs probable that the unused balances will result in termination payments. This is estimated by including in the liability the unused balances of employees currently entitled to receive termination payments, as well as those who are expected to become eligible to receive termination benefits as a result of continuing their employment with the City. If an employee terminates with a minimum of one year of service, the employee is entitled to receive 10% of the value of his unused sick leave. The percentage increases to 50% for two to three years of service and 100% of the value of his unused sick leave upon the completion of more than three years of continuous employment. i. Deferred Charges: Deferred charges represent capitalized costs incurred in connection with the issuance of long-term debt. These costs are amortized over the life of the debt on a straight-line basis. j. Property Taxes: Under California law, property taxes are assessed and collected by the counties up to 1% of assessed value, plus other increases approved by the voters. The property taxes go into a pool, and are then allocated to the cities based on complex formulas. Accordingly, the City accrues only those taxes which are received from the County within 60 days after year end. Property taxes are assessed and collected each fiscal year according to the following property tax calendar: Lien date January 1 Levy date July 1 Due dates November 1 - 13t installment February 1 - 2nd installment Collection dates December 10 - 1" installment April 10 - 2nd installment Delinquent dates December 11 - l5t installment April 11 - 2nd installment See independent auditors' report. -33- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 1. REPORTING ENTITY AND SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): k. Use of Estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. 2. CASH AND INVESTMENTS: Cash and Investments: Cash and investments at June 30, 2009 consisted of the following: Statement of Net Assets: Cash and investments $ 40,354,654 Cash and investments with fiscal agents 326,071 40.680.725 Cash and investments held by the City at June 30, 2009 consisted of the following: Imprest cash on hand $ 1,246 Demand deposits 100,720 Escrow deposits 15,000 Investments: United States Government Sponsored Enterprise Securities 6,000,000 Repurchase agreements 584,233 Local Agency Investment Fund 33,668,455 Held by Bond Trustee: Money Market Mutual Funds 311.071 See independent auditors' report. -34- $ 40.680.725 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 2. CASH AND INVESTMENTS (CONTINUED): Investments Authorized by the California Government Code and the CitVs Investment Policv: The table below identifies the investment types that are authorized for the City by the California Government Code (or the City's investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the Citys investment policy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather than the general provisions of the California Government Code or the Citys investment policy. Medium -Term Corporate Notes (1) 5 years 30% None Local Agency Investment Fund (LAIF) N/A None $ 40,000,000 * - Excluding amounts held by bond trustee that are not subject to California Government Code restrictions. (1) Notes must be rated"A'orbetter. N/A - Not Applicable See independent auditors' report. -35- Maximum Maximum Maximum Percentage Investment Authorized Investment Type Maturity of Portfolio* in One Issuer United States Treasury Obligations 5 years None None United States Government Sponsored Enterprise Securities 5 years 40% None Banker's Acceptances 180 days 40% 30% Time Certificate of Deposits 5 years None None Commercial Paper 270 days 25% 10% Negotiable Certificates of Deposit 5 years 30% None Money Market Mutual Funds 5 years 15% None Repurchase Agreements 1 year None None Medium -Term Corporate Notes (1) 5 years 30% None Local Agency Investment Fund (LAIF) N/A None $ 40,000,000 * - Excluding amounts held by bond trustee that are not subject to California Government Code restrictions. (1) Notes must be rated"A'orbetter. N/A - Not Applicable See independent auditors' report. -35- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 2. CASH AND INVESTMENTS (CONTINUED): Investments Authorized by Debt Agreements: Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the Citys investment policy. The table below identifies the investment types that are authorized for investments held by bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk. Authorized Investment Type United States Treasury Obligations United States Government Sponsored Enterprise Securities Banker's Acceptances Time Certificate of Deposits Local Agency Investment Fund Money Market Funds Repurchase Obligations Tax Exempt Taxable Government Money Market Portfolios Disclosures Relating to Interest Rate Risk: Maximum Maturity` None None 1 year None None None 30 days None Maximum Percentage/ Amount Allowed None 10% None None None None None Equal to six months of principal and interest on the bonds Maximum Investment in One Issuer None None None None None None None None Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the City manages its exposure to interest rate risk is by purchasing a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations. See independent auditors' report. -36- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 2. CASH AND INVESTMENTS (CONTINUED): Disclosures Relating to Interest Rate Risk (Continued): Information about the sensitivity of the fair values of the Citys investments (including investments held by bond trustee) to market interest rate fluctuations is provided by the following table that shows the distribution of the Citys investments by maturity: Investment Type United States Government Sponsored Enterprise Securities Repurchase Agreements Local Agency Investment Fund Held by Bond Trustee: Money Market Mutual Funds Disclosures Relating to Credit Risk: Remaining Maturity (in Months) 12 Months 25-60 or Less Months Total $ - $ 6,000,000 $ 6,000,000 584,233 - 584,233 33,668,455 - 33,668,455 311,071 - 311,071 34,563,759 6,000.000 $ 40563,759 Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating required by (where applicable) the California Government Code, the Citys investment policy, or debt agreements, and the actual rating, as reported by Standard and Poofs, as of year end for each investment type: Investment Tvoe United States Government Sponsored Enterprise Securities Repurchase Agreements Local Agency Investment Fund Held by Bond Trustee: Money Market Mutual Funds Total N/A - Not Applicable See independent auditors' report. Total Minimum as of Legal June 30, 2009 Rating AAA Unrated $ 6,000,000 584,233 33,668,455 311,071 $ 40 563.759 -37- N/A $ 6,000,000 $ - N/A - 584,233 N/A - 33,668,455 A 311,071 $ 6.311.071 $ 34,252,08 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 2. CASH AND INVESTMENTS (CONTINUED): Disclosures Relating to Custodial Credit Risk: Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the Citys investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits or investments, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. The City does not accept 150% of the secured public totals. At June 30, 2009, the City deposits (bank balances) were insured by the Federal Depository Insurance Corporation up to $250,000 and the remaining balances were collateralized under California Law. The cash and investments held by Bond Trustee are uninsured and uncollateralized. Investment in State Investment Pool: The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of the Citys investment in this pool is reported in the accompanying financial statements at amounts based upon the Citys pro -rata share of the fair value provided by LAW for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. See independent auditorereport. CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 3. INTERFUND RECEIVABLES, PAYABLES AND TRANSFERS: The composition of interfund balances as of June 30, 2009, is as follows: Due To/From Other Funds: Receivable Fund Payable Fund Amount General Fund Capital Improvement Capital Projects Fund $ 119,308 Other Governmental Funds 436,429 $ 555,737 The amounts loaned from the General Fund to the Capital Improvement Capital Projects Fund and Other Governmental Funds are to provide short-term loans to fund temporary cash shortfalls. Interf ind Transfers: Transfers In Transfers Out Amount General Fund Other Governmental Funds $ 1,404,842 Capital Improvement Capital Projects Fund General Fund 1,865,902 Proposition 1B Bond Special Revenue Fund 978,356 Other Governmental Funds 1,914,999 Other Governmental Funds General Fund 489,538 Internal Service Funds General Fund 410,600 $ 7,064,237 Transfers to the General Fund from the Other Governmental Funds were made to reimburse the General Fund for various capital projects. Transfers to the Capital Improvement Capital Projects Fund were made to provide funding for various capital projects. Transfers from the General Fund to the Other Governmental Funds were made to provide for debt service payments. Transfers from the General Fund to the Internal Service Funds were made to provide for purchases of a vehicle and equipment and uninsured insurance losses. See independent auditors' report. -39- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 4. CAPITALASSETS: A summary of changes in the Governmental Activities capital assets at June 30, 2009 is as follows: Capital assets, not being depreciated: Land Right of way Construction in progress Total capital assets, not being depreciated Capital assets, being depreciated: Building and improvements Furniture and fixtures Vehicles and equipment Infrastructure Total capital assets being depreciated Less accumulated depreciation for: Building and improvements Furniture and fixtures Vehicles and equipment Infrastructure Total accumulated depreciation Total capital assets being depreciated, net Total Governmental Activities capital assets, net Balance Balance at July 1, 2008 Additions Deletions June 30, 2009 $ 6,206,190 $ 381,159 $ - $ 6,587,349 256,536,095 - - 256,536,095 1,492,994 893,791 (1,061,164) _ 1,325,621 264,235,279 1,274,950 (1,061,164) 264,449,065 24,108,155 568,116 - 24,676,271 70,334 14,038 - 84,372 1,734,263 42,230 (30,068) 1,746,425 180.495,460 1,231,361 - 181,726,821 206,408,212 1,855,745 (30,068) 208,233,889 (8,912,695) (1,199,044) - (10,111,739) (62,642) (4,470) - (67,112) (1,081,185) (179,814) 30,068 (1,230,931) (76,612,673) (4,480,632) - _ (81,093,305) (86,669,195) (5,863,960) 30,068 (92,503,087) 119,739,017 (4,008,215) - 115,730,802 383.974.296 S (2.733.265) (1,061.164) S 380.179-867 Depreciation expense was charged to functions in the Statement of Activities as follows: General government $ 91,870 Public safety 9,240 Highways and streets 4,509,151 Community development 13,352 Parks, recreation and culture 1,217,277 Internal Service Funds depreciation charges to program 23,070 $ 5,863.960 See independent auditors' report. CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 5. LONG-TERM LIABILITIES: Long-term liability activity for the year ended June 30, 2009, was as follows: Bonds Payable: In December 2002, the Diamond Bar Public Financing Authority issued $13,755,000 of 2002 Series A Variable Rate Lease Revenue Bonds to finance the construction of a community/senior center project and other public improvements within the City. The bonds are special limited obligations of the Authority payable solely from revenues, consisting primarily of base rental payments paid by the City. The variable interest rate on the bonds is reset on a bi-weekly basis. As of June 30, 2009, $12,760,000 of the bonds are outstanding. In conjunction with the Bonds, the Authority executed a rate cap agreement on December 2, 2002 (the Agreement) with JPMorgan Chase (Counterparty) to minimize debt service cost on the 2002 Lease Revenue Bonds (the Bonds) by setting a cap on the interest rate on the Bonds. Under the Agreement, the Counterparty will pay the Authority an amount equal to the product of: (i) the amount by which the floating rate exceeds 4.5%, (ii) the notional principal amount and (iii) the actual number of days in the calculation period divided by 365 days. The Agreement is for a notional amount equal to the outstanding principal amount of the Bonds and will decline as the principal amount declines. The Agreement terminates on January 1, 2013. Fair Value: At June 30, 2009 the Agreement had a positive fair value of $62,838. This is the amount that the Authority would receive in the event that the Agreement is terminated. The fair value was estimated by the City's financial advisor. Credit Risk: The Counterparty, JPMorgan Chase, has the following credit ratings of: (i) Standard & Poor's, AA - and (ii) Moodys, Aa2. See independent auditors' report. -41- Beginning Ending Due Within Balance Additions Retirements Balance One Year Bonds payable: Revenue bonds $ 13,025,000 $ - $ (265,000) $ 12,760,000 $ 280,000 Unamortized discount (114,625) - 4,585 (110,040) - Compensated absences 411,209 394,614 (348,095) 457,728 350,000 Net OPEB obligation (Note 9) - 70.456 (5,669) 64,787 - Total L 13.321.584 $ 465,070 $ (614.179) S-017-24-7-5 $ 630.000 Bonds Payable: In December 2002, the Diamond Bar Public Financing Authority issued $13,755,000 of 2002 Series A Variable Rate Lease Revenue Bonds to finance the construction of a community/senior center project and other public improvements within the City. The bonds are special limited obligations of the Authority payable solely from revenues, consisting primarily of base rental payments paid by the City. The variable interest rate on the bonds is reset on a bi-weekly basis. As of June 30, 2009, $12,760,000 of the bonds are outstanding. In conjunction with the Bonds, the Authority executed a rate cap agreement on December 2, 2002 (the Agreement) with JPMorgan Chase (Counterparty) to minimize debt service cost on the 2002 Lease Revenue Bonds (the Bonds) by setting a cap on the interest rate on the Bonds. Under the Agreement, the Counterparty will pay the Authority an amount equal to the product of: (i) the amount by which the floating rate exceeds 4.5%, (ii) the notional principal amount and (iii) the actual number of days in the calculation period divided by 365 days. The Agreement is for a notional amount equal to the outstanding principal amount of the Bonds and will decline as the principal amount declines. The Agreement terminates on January 1, 2013. Fair Value: At June 30, 2009 the Agreement had a positive fair value of $62,838. This is the amount that the Authority would receive in the event that the Agreement is terminated. The fair value was estimated by the City's financial advisor. Credit Risk: The Counterparty, JPMorgan Chase, has the following credit ratings of: (i) Standard & Poor's, AA - and (ii) Moodys, Aa2. See independent auditors' report. -41- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 5. LONG-TERM LIABILITIES (CONTINUED): Bonds Payable (Continued): Basis Risk: The Agreement does not expose the Authority to basis risk, which refers to a mismatch between the interest rate cap of 4.5% and the variable rate payments to be made on the debt. Termination Risk: If the rate cap is terminated, the rate on the Bonds that the Authority would prospectively have to pay will not be subject to the cap rate of 4.5%. The termination of the Agreement could therefore increase the Authoritys total debt service in the event that the variable rate is higher than the cap rate of 4.5%. At June 30, 2009, the Agreement had a positive fair value of $62,838. Payments and Associated Debt: Using a variable rate of 1.30% as of June 30, 2009, debt service requirements of the Bonds and the Counterpartys payments, assuming current interest rates remain the same for remainder of the term of the Agreement, are as follows. As rates vary, the variable rate interest payments and net rate cap payments will vary. 12,760,000 2,545,530 $ 15.305.530 $ 6,265.920 $ 21.571.450 Compensated Absences: The Citys policies relating to compensated absences are described in Note 1. This liability, amounting to $457,728 at June 30, 2009, is expected to be paid in future years from future resources, typically liquidated from the General Fund. See independent auditorgreport. 10m, Variable Rate Debt Counter- Net Year Ending party Debt June 30, Principal Interest Total Payments Service 2010 $ 280,000 $ 165,880 $ 445,880 $ 408,320 $ 854,200 2011 290,000 162,240 452,240 399,360 851,600 2012 305,000 158,470 463,470 390,080 853,550 2013 320,000 154,505 474,505 380,320 854,825 2014 335,000 150,345 485,345 370,080 855,425 2015-2019 1,920,000 682,305 2,602,305 1,679,520 4,281,825 2020-2024 2,420,000 545,155 2,965,155 1,341,920 4,307,075 2025-2029 3,050,000 372,255 3,422,255 916,320 4,338,575 2030-2034 3,840,000 154,375 3,994,375 380,000 4,374.375 12,760,000 2,545,530 $ 15.305.530 $ 6,265.920 $ 21.571.450 Compensated Absences: The Citys policies relating to compensated absences are described in Note 1. This liability, amounting to $457,728 at June 30, 2009, is expected to be paid in future years from future resources, typically liquidated from the General Fund. See independent auditorgreport. 10m, CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 6. LIABILITY, PROPERTY AND WORKERS' COMPENSATION PROTECTION: The City is a member of the California Joint Powers Insurance Authority (Insurance Authority). The Insurance Authority is composed of 122 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500 et. seq. The purpose of the Insurance Authority is to arrange and administer programs for the pooling of self-insured losses, to purchase excess insurance or reinsurance, and to arrange for group purchased insurance for property and other coverages. The Insurance Authoritys pool began covering claims of its members in 1978. Each member government has an elected official as its representative on the Board of Directors. The Board operates through a 9 -member Executive Committee. a. Self -Insurance Programs of the Authority: General Liability Each member government pays a primary deposit to cover estimated losses for a fiscal year (claims year). After the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Claims are pooled separately between police and non -police. Costs are allocated to members by the following methods within each of the four layers of coverage: (1) the first $30,000 of each occurrence is charged directly to the membefs primary deposit; (2) costs from $30,000 to $750,000 and the loss development reserves associated with losses up to $750,000 are pooled based on the member's share of losses under $30,000; (3) losses from $750,000 to $2,000,000 and the associated loss development reserves are pooled based on payroll; (4a) costs of covered claims from $2,000,000 to $50,000,000 are paid under reinsurance and excess insurance policies; (4b) subject to a $3,000,000 annual aggregate deductible; (4c) and a quota -sharing agreement whereby the Insurance Authority is financially responsible for 40% of losses occurring within the $2,000,000 to $10,000,000 layer. The costs associated with 4a -c are estimated using actuarial models and pre -funded as part of the primary and retrospective deposits. The overall policy limit for each member including all layers of coverage is $50,000,000 per occurrence. Costs of covered claims for subsidence losses are paid by excess insurance with the following sub -limits per member: $25,000,000 per occurrence with a $15,000,000 annual aggregate. See independent auditors' report. -43- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 6. LIABILITY, PROPERTY AND WORKERS' COMPENSATION PROTECTION (CONTINUED): a. Self -Insurance Programs of the Authority (Continued): Workers' Compensation The City also participates in the workers' compensation pool administered by the Insurance Authority. Each member pays a primary deposit to cover estimated losses for a fiscal year (claims year). After the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Claims are pooled separately between public safety and non-public safety. Costs are allocated to members by the following methods within each of the four layers of coverage: (1) the first $50,000 of each loss is charged directly to the membefs primary deposit; (2) losses from $50,000 to $100,000 and the loss development reserve associated with losses up to $100,000 are pooled based on the membefs share of losses under $50,000; (3) losses from $100,000 to $2,000,000 and the loss development reserves associated with those losses are pooled based on payroll; (4) losses from $2,000,000 up to statutory limits are paid under an excess insurance policy. Protection is provided per statutory liability under California Workers' Compensation law. Employefs liability losses are pooled among members to $2,000,000, coverage from $2,000,000 to $4,000,000 is purchased as part of an excess insurance policy, and losses from $4,000,000 to $10,000,000 are pooled among members. b. Purchased Insurance: Environmental Insurance The City participates in the pollution legal liability and remediation legal liability insurance which is available through the Insurance Authority. This policy covers sudden and gradual pollution of scheduled property, streets, and storm drains owned by the City. Coverage is on a claims -made basis. There is a $50,000 deductible. The Insurance Authority has a limit of $50,000,000 for the 3 -year period from July 1, 2008 through July 1, 2011. Each member of the Insurance Authority has a $10,000,000 limit during the 3 -year term of the policy. See independent auditors' report. -44- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 6. LIABILITY, PROPERTY AND WORKERS' COMPENSATION PROTECTION (CONTINUED): b. Purchased Insurance (Continued): Property Insurance The City participates in the all-risk property protection program of the Insurance Authority. This insurance protection is underwritten by several insurance companies. The City's property is currently insured according to a schedule of covered property submitted by the City to the Insurance Authority. The City's property currently has all-risk property insurance protection in the amount of $17,659,518. T}Wre is a $5,000 deductible per occurrence except for non -emergency vehicle insurance which has a $1,000 deductible. Premiums for the coverage are paid annually and are not subject to retroactive adjustments. Crime Insurance The City purchases crime insurance coverage in the amount of $1,000,000 with a $2,500 deductible. The fidelity coverage is provided through the Insurance Authority. Premiums are paid annually and are not subject to retroactive adjustments. c. Adequacy of Protection: During the past three fiscal (claims) years none of the above programs of protection have had settlements or judgments that exceed pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage in the prior year. The aforementioned information is not included in the accompanying financial statements. Complete financial statements for the Authority may be obtained at their administrative office located at 8081 Moody Street, La Palma, California 90623. 7. OTHER REQUIRED INDIVIDUAL FUND DISCLOSURES: Deficit Fund Balances The following funds reported a deficit fund balance at June 30, 2009: Major Fund: Capital Improvement Capital Projects Fund $ 449,501 Other Governmental Fund: State Gas Tax Special Revenue Fund 52,791 See independent auditors' report. -45- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 7. OTHER REQUIRED INDIVIDUAL FUND DISCLOSURES (CONTINUED): The Capital Improvement Capital Projects Fund deficit will be funded with various government grants in future years. The State Gas Tax Special Revenue Fund deficit will be eliminated by future receipts of highway users tax. 8. PENSION PLAN: Plan Description: The City of Diamond Bar participates in the Miscellaneous 2% at 55 Risk Pool of the California Public Employee's Retirement System (PERS), a cost-sharing, multiple -employer defined benefit pension plan administered by PERS. PERS provides retirement and disability benefits, annual cost -of -living adjustments, and death benefits to plan members and beneficiaries. Benefit provisions and all other requirements are established by State statue and District ordinance. Copies of the PERS' annual financial report may be obtained from the PERS Executive Office - 400 P Street, Sacramento, California 95814. Funding Policy: The contribution requirements of the plan members are established by State statute and the employer contribution rate is established and may be amended by PERS. Active City employees are required to contribute 7% of their annual covered salary to PERS. The city makes the contributions required of City employees on their behalf and for their account. The City is required to contribute the actuarially determined remaining amounts necessary to fund the benefits for its members. The current rate is 10.73% of covered payroll. The City's contributions to CalPERS for the years ending June 30, 2009, 2008 and 2007 were $392,608, $373,818 and $344,320, respectively and were equal to the required contribution for each year. See independent auditors' report. -46- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 9. POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS: Plan Description: In connection with the retirement benefits for employees described in Note 8, the City provides post-retirement health care benefits to retirees through the California Public Employees' Retirement System Health Benefits program (the PERS Health program). The program is a agent multiple - employer defined benefit health care plan that provides healthcare insurance for eligible retirees, through the Citys group plans, which cover both active and retired employees. Employees become eligible to retire and receive City -paid healthcare benefits upon attainment of age 50 and 5 years of covered PERS service, or by qualifying disability retirement status. Retired employees over the age of 65 must join one of the supplemental (Medicare -coordinated) options under the PERS Health Program. Benefits are paid for the lifetime of the retiree. Benefit provisions are established by city ordinance which references state statutes (the Public Employees' Medical and Hospital Care Act). The PERS Health Program does not issue a publicly available financial report Funding Policy: The City sets its monthly contribution rates for health insurance on behalf of all eligible retirees according to the PERS Health Program's statutory minimum ($97/month for calendar 2008 and $101/month for calendar 2009, increased in all future years according to the rate of medical inflation). The City pays a 0.45% of premium administrative charge on behalf of all retirees. The City is currently funding this OPEB obligation on a pay-as-you-go basis. For the year ended June 30, 2009, the City paid $5,669 in health care costs for its retirees and their covered dependents. Annual OPEB Cost and Net OPEB Obligation: The Citys annual OPEB cost (expense) is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with parameters of GASB Statement 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and to amortize any unfunded liabilities of the plan over a period not to exceed thirty years. See independentauditors report. -47- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 9. POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED): Annual OPEB Cost and Net OPEB Obligation (Continued): The following table shows the components of the City's annual OPEB cost for the year, the amount actually contributed to the plan, and changes in the City's net OPEB obligation to the PERS Health Program (in thousands): Annual required contribution Interest on net OPEB obligation Adjustment to annual required contribution Annual OPEB cost (expense) Contributions made Increase in net OPEB obligation Net OPEB obligation - beginning of year Net OPEB obligation - end of year Three -Year Trend Information: $ 70,456 70,456 (5,669) 64,787 $ 64.787 For fiscal year 2009, the City's annual OPEB cost (expense) $70,456 was equal to the ARC. Since this fiscal year is the transition year, information on the annual OPEB costs, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation is only available for the current fiscal year, as presented below: Percentage Fiscal Annual of Annual Net Year OPEB Actual OPEB Cost OPEB Ended Cost Contributions Contributed Obligation 6/30/09 $ 70,456 $ 5,669 8.05% $ 64,787 Funded Status and Funding Progress: As of July 1, 2008, the most current actuarial valuation date, the plan was zero percent funded. The actuarial accrued liability for benefits was $402,007 and the actuarial value of assets was zero, resulting in an unfunded actuarial accrued liability (UAAL) of $402,007. The covered payroll (annual payroll of active employees covered by the plan) was $3,657,956 and the ratio of the UAAL to the covered payroll was 10.99%. See independent auditors' report. CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 9. POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED): Funded Status and Funding Progress Continued): Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about rates of employee turnover, retirement, mortality, as well as economic assumptions regarding claim costs per retiree, healthcare inflation and interest rates. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. Actuarial Methods and Assumptions: Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and the plan members at that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets consistent with the long-term perspective of the calculations. In the July 1, 2008, actuarial valuation, the projected unit credit method was used. The actuarial assumptions included a discount rate of 5.0% per annum, a rate of return on assets of 5.0% per annum and a healthcare cost trend rate of 8.0% initially, reduced by annual decrements of 1.0% to an ultimate rate of 5.0% after three years. The Citys unfunded actuarial accrued liability will be amortized as a level dollar over an open period of 30 years. 10 CONTINGENCIES: The City is presently involved in other matters of litigation that have arisen in the normal course of the Citys business. City management believes, based upon consultation with the City Attorney, that these cases, in the aggregate, are not expected to have a material adverse financial impact on the City. See independent auditors' report. -49- CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2009 11. CONSTRUCTION COMMITMENTS: The following material construction commitments existed at June 30, 2009: Proiect Name Park Improvements Street Improvements Traffic Signals 12. OPERATING LEASES: Expenditures as of Remaining June 30, 2009 Commitments $ 66,549 $ 100,193 96,804 1,493,934 486,778 496,297 $ 650.131 $ 2.090.424 The City leases building and office facilities under noncancelable operating leases. The total costs for such leases were $264,151 for the year ended June 30, 2009. The future minimum lease payments for the lease of building and office facilities are as follows: Year Ending June 30, 2010 2011 Total See independent auditors' report. -50- $ 268,997 179,332 $ 448.329 REQUIRED SUPPLEMENTARY INFORMATION THIS PAGE LEFT BLANK INTENTIONALLY SCHEDULE OF FUNDING PROGRESS POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS -51- CITY OF DIAMOND BAR SCHEDULE OF FUNDING PROGRESS For the year ended June 30, 2009 POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS Note 9 See independent auditors' report and notes to basic financial statements. -52- Unfunded Actuarial Entry Age Unfunded Accrued Actuarial Actuarial Actuarial Funded Liability as a Actuarial Asset Accrued Accrued Ratio Covered Percentage of Valuation Value Liability Liability AVA Payroll Covered Payroll Date (a) (b) (b) - (a) (a)/(b) (c) [(b)-(a)]/(c) 07/01/08 $ - $ 402,007 $ 402,007 0.00% $ 3,657,956 10.99% See independent auditors' report and notes to basic financial statements. -52- BUDGETARY COMPARISON SCHEDULES GENERALFUND The General Fund is used to account for resources traditionally associated with government, which are not legally or by sound financial management to be accounted for in another fund. SPECIAL REVENUE FUND The Proposition 1B Bond Fund is used to account for the receipt and expenditures of Proposition 1B Bond funds from the State of California. E61910 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE GENERALFUND For the year ended June 30, 2009 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) REVENUES: Taxes $ 9,442,000 $ 9,342,000 $ 9,119,375 $ (222,625) Intergovernmental revenue 4,845,000 5,435,470 5,279,845 (155,625) Fines and forfeitures 532,900 532,900 601,533 68,633 Licenses, permits and fees 1,964,660 1,559,240 1,445,324 (113,916) Investment income 725,000 725,000 792,385 67,385 Otherrevenues 1,890,730 784,746 1,018,956 234,210 TOTALREVENUES 19,400,290 18,379,356 18,257,418 (121,938) EXPENDITURES: Current: General government: City Council 173,700 188,700 152,626 36,074 City Manager/Clerk 1,054,590 1,034,090 972,780 61,310 City Attorney 210,000 460,000 463,059 (3,059) Finance 440,850 411,960 408,762 3,198 Human resources 209,520 196,480 190,661 5,819 Information systems 884,770 1,168,718 945,850 222,868 General government 1,574,250 2,089,145 1,424,701 664,444 Public information 528,100 515,100 513,421 1,679 Subtotal general government 5,075,780 6,064,193 5,071,860 992,333 Public safety: Law enforcement 5,210,400 5,308,400 5,206,696 101,704 Fire protection 11,360 11,360 7,359 4,001 Animal control 125,300 125,300 124,180 1,120 Emergency preparedness 43,940 60,816 37,706 23,110 Subtotal public safety 5,391,000 5,505,876 5,375,941 129,935 Highways and streets 1,382,880 2,855,699 2,613,656 242,043 Parks, recreation and culture 3,854,870 3,720,901 3,673,282 47,619 Community development 3,038,520 1,807,808 1,437,457 370,351 TOTAL EXPENDITURES 18,743,050 19,954,477 18,172,196 1,782,281 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 657,240 (1,575,121) 85,222 1,660,343 OTHER FINANCING SOURCES (USES): Transfers in I,418,495 1,458,485 1,404,842 (53,643) Transfers out (1,588,350) (3,022,475) (2,766,040) 256,435 TOTAL OTHER FINANCING SOURCES (USES) (169,865) (1,563,990) (1,361,198) 202,792 NET CHANGE IN FUND BALANCE 487,375 (3,139,111) (1,275,976) 1,863,135 FUND BALANCE - BEGINNING OF YEAR 32,929,514 32,929,514 32,929,514 - FUND BALANCE - END OF YEAR $ 33,416,889 $ 29,790,403 $ 31,653,538 $ 1,863,135 See independent auditors' report and note to required supplementary information. -54- CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PROPOSITION 1B BOND SPECIAL REVENUE FUND REVENUES: Intergovernmental revenue Investment income 0 Ull F419,14*9 02004 OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR For the year ended June 30, 2009 See independent auditors' report and note to required supplementary information. -55- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) $ 913,324 $ 913,324 , $ 978,356 $ 65,032 15,000 15,000 24,190 9,190 928,324 928,324 1,002,546 74,222 (1,613,324) (2,256,713) (978,356) 1,278,357 (685,000) (1,328,389) 24,190 1,352,579 7,822 7,822 7,822 - $ (677,178) $ (1,320,567) $ 32,012 $ 1,352,579 See independent auditors' report and note to required supplementary information. -55- CITY OF DIAMOND BAR NOTE TO REQUIRED SUPPLEMENTARY INFORMATION June 30, 2009 BUDGETS AND BUDGETARY ACCOUNTING: The City adheres to the following general procedures in establishing its annual budget, which is reflected in the accompanying basic financial statements: a. The annual budget adopted by the City Council provides for the general operation of the City. It includes proposed expenditures and the means of financing them. Budgeted appropriations lapse at the end of the year. b. The City Council approves total budgeted appropriations and amendments to appropriations throughout the year. The City Council must approve budget appropriation transfers between departments within a fund. The departments of the General Fund are considered to be departments for purposes of this requirement. Actual expenditures may not legally exceed budgeted appropriations at the fund level. c. Annual budgets are adopted for the General Fund, Special Revenue Funds and Capital Projects Fund on a basis substantially consistent with accounting principles generally accepted in the United States of America. Accordingly, actual revenues and expenditures can be compared with related budgeted amounts without any significant reconciling items. An annual budget is not adopted for the Debt Service Funds. d. The budgetary information shown for revenues and expenditures represents the original adopted budget adjusted for any changes made by the City Council. For the year ended June 30, 2009, supplemental appropriations in the amount of $6,337,545 were made. e. Formal budgetary integration is employed as a management control device. Commitments for materials and services, such as purchase orders and contracts, are recorded during the year as encumbrances to assist in controlling expenditures. Appropriations which are encumbered at year end lapse, and then are added to the following year's budgeted appropriations. However, encumbrances at year-end are reported as reservations of fund balance. See independent auditors' report. -56- SUPPLEMENTARY INFORMATION THIS PAGE LEFT BLANK INTENTIONALLY CITY OF DIAMOND BAR COMBINING BALANCE SHEET OTHER GOVERNMENTAL FUNDS ASSETS Cash and investments Cash and investments with fiscal agents Accounts receivable Due from other governments Notes receivable TOTAL ASSETS LIABILITIES AND FUND BALANCES LIABILITIES: Accounts payable Accrued payroll Due to other funds Deferred revenue Advances from other governments TOTAL LIABILITIES FUND BALANCES: Reserved for: Encumbrances Debt service Unreserved reported in: Special revenue funds TOTAL FUND BALANCES TOTAL LIABILITIES AND FUND BALANCES See independent auditors' report. June 30, 2009 -57- $ 336,316 $ Debt 6,862 - 6,862 Service Fund Total Special Public Other Revenue Financing Governmental Funds Authority Funds $ 5,201,695 $ - $ 5,201,695 - 311,071 311,071 88,608 - 88,608 1,115,832 - 1,115,832 243,057 - 243,057 $ 6,649,192 $ 311,071 $ 6,960,263 $ 336,316 $ - $ 336,316 6,862 - 6,862 436,429 - 436,429 79,227 - 79,227 231,489 - 231,489 1,090,323 - 1,090,323 59,696 - 59,696 - 311,071 311,071 5,499,173 - 5,499,173 5,558,869 311,071 5,869,940 $ 6,649,192 $ 311,071 $ 6,960,263 THIS PAGE LEFT BLANK INTENTIONALLY -58- CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANCES IN FUND BALANCES - OTHER GOVERNMENTAL FUNDS For the year ended June 30, 2009 REVENUES: Special assessments Intergovernmental revenue Charges for services Investment income TOTAL REVENUES EXPENDITURES: Current: Public safety Highways and streets Community development Debt service: Principal Interest and fiscal charges TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES): Transfers in Transfers out TOTAL OTHER FINANCING SOURCES (USES) NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR FUND BALANCES - END OF YEAR See independent auditors' report. -59- Debt Service Fund Total Special Public Other Revenue Financing Governmental Funds Authority Funds $ 550,822 $ - $ 550,822 5,138,206 - 5,138,206 1,460,828 - 1,460,828 120,571 907 121,478 7,270,427 907 7,271,334 31,535 - 31,535 2,994,214 - 2,994,214 508,494 - 508,494 - 265,000 265,000 - 187,212 187,212 3,534,243 452,212 3,986,455 3,736,184 (451,305) 3,284,879 36,695 452,843 489,538 (3,319,841) - (3,319,841) (3,283,146) 452,843 (2,830,303) 453,038 1,538 454,576 5,105,831 309,533 5,415,364 $ 5,558,869 $ 311,071 $ 5,869,940 OTHER SPECIAL REVENUE FUNDS The following Special Revenue Funds have been classified as other governmental funds in the accompanying financial statements: State Gas Tax Fund - This fund is used to account for state gasoline taxes received under Sections 2105, 2106, 2107 and 2107.5 of the Streets and Highways Code. State law requires that these revenues be utilized solely for street related purposes. Proposition C Transit Fund - This fund is used to account for the receipt and expenditure of Proposition C funds from the Los Angeles County Metropolitan Transportation Authority for the City's transit and transit -related improvement projects. The Intermodal Surface Transportation Enhancement Act (ISTEA) Fund - This fund is used to account for transport related receipts and expenditures. Integrated Waste Management Fund - This fund is used to account for revenues and expenditures related to the Citys waste reduction efforts as related to AB939. Traffic Improvement Fund - This fund is used to account for funds received and designated by the City Council specifically for traffic improvements. Traffic Congestion Relief Fund - This fund is used to account for the Governor's transportation congestion policy program revenue received for the repair and construction of streets. Air Quality Improvement Fund - This fund is used to account for motor vehicle registration fees received from the South Coast Air Quality Management District to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988. Trails & Bikeways Fund - This fund is used to account for the State SB821 revenue received for the specific purpose of the construction of bike and pedestrian paths. California Law Enforcement Equipment Program (CLEEP) Fund - This fund is used to account for revenues received from the California CLEEP fund and expenditures made for the purchase of high-technology equipment. OTHER SPECIAL REVENUE FUNDS (CONTINUED) Proposition A Transit Fund - This fund is used to account for the receipt and expenditure of the City's share of the 1/2 cent sales tax levied in Los Angeles County for local transit purposes. Community Development Block Grant (CDBG) Fund - This fund is used to account for the Cites allotment of CDBG funds from the federal government via the County of Los Angeles Community Development Commission. These funds are used to fund community development programs and projects benefiting low and moderate income citizens. Citizens Option for Public Safety (COPS) Fund - This fund is used to account for COPS grants received from both the state and federal government. The purpose of these funds is to enhance the Citys public safety budget and to fund special public safety related projects. Asset Seizure Fund - This fund is used to account for Narcotics Asset Forfeiture funds received from the federal government. It is required that these funds be used to enhance drug and law enforcement activities. Landscape Maintenance District Fund - This fund is used to account of revenues and expenditures related to the special property tax assessments which were set up in accordance with the Landscape and Lighting Act of 1972. The purpose of these districts is to improve the landscaping of City owned medians and hillsides. Park and Facility Development Fund - This fund is used to account for the development and enhancement of the Cites parks. -61- CITY OF DIAMOND BAR COMBINING BALANCE SHEET OTHER SPECIAL REVENUE FUNDS June 30, 2009 ASSETS Cash and investments Accounts receivable Due from other governments Notes receivable TOTAL ASSETS LIABILITIES AND FUND BALANCES LIABILITIES: Accounts payable Accrued payroll Due to other funds Deferred revenue Advances from other governments TOTAL LIABILITIES FUND BALANCES (DEFICIT): Reserved for: Encumbrances Unreserved TOTAL FUND BALANCES (DEFICIT) TOTAL LIABILITIES AND FUND BALANCES See independent auditors' report. -62- Proposition State C Gas Tax Transit $ - $ 1,690,086 79,227 - $ 79,227 $ 1,690,086 $ - $ 1,902 52,791 - 79,227 - 132,018 1,902 29,312 (52,791) 1,658,872 (52,791) 1,688,184 $ 79,227 $ 1,690,086 Integrated Traffic Air Waste Traffic Congestion Quality Trails & ISTEA Management Improvement Relief Improvement Bikeways $ - $ 332,932 $ 393,255 $ 356,649 $ 145,618 $ - 88,608 - - - - 850,187 1,569 - 121,732 - - - 11,568 - - - - $ 850,187 $ 434,677 $ 393,255 $ 478,381 $ 145,618 $ - $ - $ 10,028 $ 1,987 377,026 - 7,324 7,324 - - - - - 17,416 - - - 473,161 422,662 368,515 478,381 145,618 - 473,161 422,662 385,931 478,381 145,618 - $ 850,187 $ 434,677 $ 393,255 $ 478,381 $ 145,618 $ - (Continued) -63- CITY OF DIAMOND BAR COMBINING BALANCE SHEET OTHER SPECIAL REVENUE FUNDS June 30, 2009 ASSETS Cash and investments Accounts receivable Due from other governments Notes receivable TOTAL ASSETS LIABILITIES AND FUND BALANCES LIABILITIES: Accounts payable Accrued payroll Due to other funds Deferred revenue Advances from other governments TOTAL LIABILITIES FUND BALANCES (DEFICIT): Reserved for: Encumbrances Unreserved TOTAL FUND BALANCES (DEFICIT) TOTAL LIABILITIES AND FUND BALANCES See independent auditors' report. -64- Proposition A CLEEP Transit $ 62,912 $ 481,453 $ 62,912 $ 481,453 $ 6,266 $ 196,395 - 4,504 6,266 200,899 56,646 280,554 56,646 280,554 $ 62,912 $ 481,453 $ 41,163 $ - $ - $ 59,188 $ 14,050 $ 336,316 371 - - - - 6,862 6,612 - - - - 436,429 _ _ _ - - 79,227 231,489 - - - - 231,489 279,635 - - 59,188 14,050 1,090,323 _ _ - - 12,968 59,696 119,315 365,521 137,920 1,044,799 5,499,173 - 119,315 365,521 137,920 1,057,767 5,558,869 $ 279,635 $ 119,315 $ 365,521 $ 197,108 $ 1,071,817 $ 6,649,192 -65- Total Landscape Park and Other Asset Maintenance Facility Special CDBG COPS Seizure District Development Revenue Funds $ - $ 116,062 $ 365,521 $ 185,390 $ 1,071,817 $ 5,201,695 - - - - - 88,608 48,146 3,253 - 11,718 - 1,115,832 231,489 - - - - 243,057 $ 279,635 $ 119,315 $ 365,521 $ 197,108 $ 1,071,817 $ 6,649;192 $ 41,163 $ - $ - $ 59,188 $ 14,050 $ 336,316 371 - - - - 6,862 6,612 - - - - 436,429 _ _ _ - - 79,227 231,489 - - - - 231,489 279,635 - - 59,188 14,050 1,090,323 _ _ - - 12,968 59,696 119,315 365,521 137,920 1,044,799 5,499,173 - 119,315 365,521 137,920 1,057,767 5,558,869 $ 279,635 $ 119,315 $ 365,521 $ 197,108 $ 1,071,817 $ 6,649,192 -65- CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - OTHER SPECIAL REVENUE FUNDS For the year ended June 30, 2009 REVENUES: Special assessments Intergovernmental revenue Charges for services Investment income TOTAL REVENUES EXPENDITURES: Current: Public safety Highways and streets Community development TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES): Transfers in Transfers out TOTAL OTHER FINANCING SOURCES (USES) NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR FUND BALANCES (DEFICIT) - END OF YEAR See independent auditors' report. -66- Proposition State C Gas Tax Transit 875,912 723,318 1,712 39,093 877,624 762,411 20,688 20,688 877,624 741,723 (1,097,300) (580,185) (1,097,300) (580,185) (219,676) 161,538 166,885 1,526,646 $ (52,791) $ 1,688,184 Integrated - Traffic Air Waste Traffic Congestion Quality Trails & ISTEA Management Improvement Relief Improvement Bikeways - 197,550 87,584 - 1,271,633 24,302 225,000 510,814 51,419 - - 472,234 - - - - - 6,946 9,797 3,130 346 - 1,271,633 503,482 234,797 513,944 51,765 - (Continued) -67- - 87,584 - - - - 197,550 - 9,700 - - 197,550 87,584 - 9,700 - 1,271,633 305,932 147,213 513,944 42,065 - (798,472) (156,358) (132,052) (35,563) - (9,756) (798,472) (156,358) (132,052) (35,563) - (9,756) 473,161 149,574 15,161 478,381 42,065 (9,756) - 273,088 370,770 - 103,553 9,756 $ 473,161 $ 422,662 $ 385,931 $ 478,381 $ 145,618 $ - (Continued) -67- CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - OTHER SPECIAL REVENUE FUNDS For the year ended June 30, 2009 REVENUES: Special assessments Intergovernmental revenue Charges for services Investment income TOTAL REVENUES EXPENDITURES: Current: Public safety Highways and streets Community development TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES): Transfers in Transfers out TOTAL OTHER FINANCING SOURCES (USES) NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR FUND BALANCES (DEFICIT) - END OF YEAR See independent auditors' report. -68- Proposition A CLEEP Transit 868,439 - 988,594 1,843 17,014 1,843 1,874,047 25,303 - - 2,297,081 25,303 2,297,081 (23,460) (423,034) (23,460) (423,034) 80,106 703,588 $ 56,646 $ 280,554 -6,232 - - Total - - Landscape Park and Other - Asset Maintenance Facility Special CDBG COPS Seizure District Development Revenue Funds $ - $ - $ - $ 550,822 $ - $ 550,822 357,799 78,253 - - 151,317 5,138,206 - - - - - 1,460,828 - 1,993 8,395 2,699 27,603 120,571 357,799 80,246 8,395 553,521 178,920 7,270,427 -6,232 - - - 31,535 - - - 588,861 - 2,994,214 170,364 - - - 130,880 508,494 170,364 6,232 - 588,861 130,880 3,534,243 187,435 74,014 8,395 (35,340) 48,040 3,736,184 - - - 36,695 - 36,695 (187,437) (30,000) - - (292,718) (3,319,841) (187,437) (30,000) - 36,695 (292,718) (3,283,146) (2) 44,014 8,395 1,355 (244,678) 453,038 2 75,301 357,126 136,565 1,302,445 5,105,831 $ - $ 119,315 $ 365,521 $ 137,920 $ 1,057,767 $ 5,558,869 -69- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STATE GAS TAX SPECIAL REVENUE FUND For the year ended June 30, 2009 REVENUES: Intergovernmental revenue Investment income TOTAL REVENUES OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE (DEFICIT) - END OF YEAR See independent auditors' report. -70- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) $ 1,265,934 $ 1,099,050 $ 875,912 $ (223,138) 5,000 5,000 1,712 (3,288) 1,270,934 1,104,050 877,624 (226,426) (1,186,900) (1,191,900) (1,097,300) 94,600 84,034 (87,850) (219,676) (131,826) 166,885 166,885 166,885 - $ 250,919 $ 79,035 $ (52,791) $ (131,826) -70- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PROPOSITION C TRANSIT SPECIAL REVENUE FUND For the year ended June 30, 2009 See independent auditors' report. -71- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) REVENUES: Intergovernmental revenue $ 820,926 $ 820,926 $ 723,318 $ (97,608) Investment income 25,000 25,000 39,093 14,093 TOTAL REVENUES 845,926 845,926 762,411 (83,515) EXPENDITURES: Current: Highways and streets 130,000 130,000 20,688 109,312 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 715,926 715,926 741,723 25,797 OTHER FINANCING USES: Transfers out (714,000) (714,000) (580,185) 133,815 NET CHANGE IN FUND BALANCE 1,926 1,926 161,538 159,612 FUND BALANCE - BEGINNING OF YEAR 1,526,646 1,526,646 1,526,646 - FUND BALANCE - END OF YEAR $ 1,528,572 S 1,528,572 $ 1,688,184 $ 159,612 See independent auditors' report. -71- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ISTEA SPECIAL REVENUE FUND REVENUES: Intergovernmental revenue OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE For the year ended June 30, 2009 Budgeted Amounts Original Final $ 1,372,000 $ 1,319,451 Actual $ 1,271,633 Variance with Final Budget Positive (Negative) $ (47,818) (1,372,000) (1,319,451) (798,472) 520,979 473,161 473,161 FUND BALANCE - BEGINNING OF YEAR - - - - FUND BALANCE - END OF YEAR $ $ - $ 473,161 $ 473,161 See independent auditors' report. -72- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDn-URES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL INTEGRATED WASTE MANAGEMENT SPECIAL REVENUE FUND For the year ended June 30, 2009 See independent auditors' report. -73- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) REVENUES: Intergovernmental revenue $ 41,500 $ 41,500 $ 24,302 $ (17,198) Charges for services 223,000 223,000 472,234 249,234 Investment income 10,000 10,000 6,946 (3,054) TOTAL REVENUES 274,500 274,500 503,482 228,982 EXPENDITURES: Current: Community development 269,870 269,870 197,550 72,320 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 4,630 4,630 305,932 301,302 OTHER FINANCING USES: Transfers out (185,000) (185,000) (156,358) 28,642 NET CHANGE IN FUND BALANCE (180,370) (180,370) 149,574 329,944 FUND BALANCE - BEGINNING OF YEAR 273,088 273,088 273,088 - FUND BALANCE - END OF YEAR $ 92,718 $ 92,718 $ 422,662 $ 329,944 See independent auditors' report. -73- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TRAFFIC RAPROVEMENT SPECIAL REVENUE FUND For the year ended June 30, 2009 See independent auditors' report. -74- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) REVENUES: Intergovernmental revenue $ 280,000 $ 280,000 $ 225,000 $ (55,000) Investment income 20,000 20,000 9,797 (10,203) TOTAL REVENUES 300,000 300,000 234,797 (65,203) EXPENDTIMES: Current: Highways and streets 80,000 105,000 87,584 17,416 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 220,000 195,000 147,213 (47,787) OTHER FINANCING USES: Transfers out (230,000) (245,435) (132,052) 113,383 NET CHANGE IN FUND BALANCE (10,000) (50,435) 15,161 65,596 FUND BALANCE - BEGINNING OF YEAR 370,770 370,770 370,770 - FUND BALANCE - END OF YEAR $ 360,770 $ 320,335 $ 385,931 $ 65,596 See independent auditors' report. -74- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TRAFFIC CONGESTION RELIEF SPECIAL REVENUE FUND For the year ended lune 30, 2009 REVENUES: Intergovernmental revenue Investment income TOTAL REVENUES OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR $ 15,000 $ 15,000 $ 478,381 $ 463,381 See independent auditors' report. -75- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) $ 579,588 $ 579,588 $ 510,814 $ (68,774) 15,000 15,000 3,130 (11,870) 594,588 594,588 513,944 (80,644) (579,588) (579,588) (35,563) 544,025 15,000 15,000 478,381 463,381 $ 15,000 $ 15,000 $ 478,381 $ 463,381 See independent auditors' report. -75- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AIR QUALITY ROPROVEMENT SPECIAL REVENUE FUND For the year ended June 30, 2009 REVENUES: Intergovernmental revenue Investment income TOTAL REVENUES EXPENDITURES: Current: Community development EXCESS OF REVENUES OVER (UNDER) EXPENDITURES FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR See independent auditors' report. Budgeted Amounts Original Final $ 73,000 $ 73,000 $ 8,000 8,000 81,000 81,000 64,890 Variance with Final Budget Positive Actual (Negative) 51,419 $ (21,581) 346 (7,654) 51,765 (29,235) 9,700 65,946 16,110 5,354 42,065 36,711 103,553 103,553 103,553 - $ 119,663 $ 108,907 $ 145,618 $ 36,711 -76- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TRAILS & BIKEWAYS SPECIAL REVENUE FUND REVENUES: Intergovernmental revenue OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR For the year ended June 30, 2009 Budgeted Amounts Original Final Actual $ 35,959 $ 35,859 $ Variance with Final Budget Positive (Negative) $ (35,859) - (9,756) (9,756) - 35,959 26;103(9,756) (35,859) 9,756 9,756 9,756 - $ 45,715 $ 35,859 $ - $ (35,859) See independent auditors' report. -77- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CLEEP SPECIAL REVENUE FUND For the year ended June 30, 2009 REVENUES: Investment income EXPENDITURES: Current: Public safety EXCESS OF REVENUES OVER (UNDER) EXPENDITURES FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR See independent auditors' report. Budgeted Amounts Original Final $ 4,000 $ 4,000 84,106 85,456 Variance with Final Budget Positive Actual (Negative) 1,843 $ (2,157) 25,303 60,153 (80,106) (81,456) (23,460) 57,996 80,106 80,106 80,106 - $ - $ (1,350) $ 56,646 $ 57,996 -78- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PROPOSITION A TRANSIT SPECIAL REVENUE FUND REVENUES: Intergovernmental revenue Charges for services Investment income TOTAL REVENUES EXPENDITURES: Current: Highways and streets EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR See independent auditors' report. For the year ended June 30, 2009 2,589,496 2,297,081 292,415 (409,926) (569,926) (423,034) 146,892 (50,770) - 50,770 (409,926) (620,696) (423,034) 197,662 703,588 703,588 703,588 - $ 293,662 $ 82,892 $ 280,554 $ 197,662 -79- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) $ 989,570 $ 989,570 $ 868,439 $ (121,131) 900,000 1,000,000 988,594 (11,406) 30,000 30,000 17,014 (12,986) 1,919,570 2,019,570 1,874,047 (145,523) 2,589,496 2,297,081 292,415 (409,926) (569,926) (423,034) 146,892 (50,770) - 50,770 (409,926) (620,696) (423,034) 197,662 703,588 703,588 703,588 - $ 293,662 $ 82,892 $ 280,554 $ 197,662 -79- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CDBG SPECIAL REVENUE FUND REVENUES: Intergovernmental revenue EXPENDITURES: Current: Community development EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR See independent auditors' report. For the year ended June 30, 2009 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) $ 497,223 $ 628,359 $ 357,799 $ (270,560) 239,007 239,007 170,364 68,643 258,216 389,352 187,435 (201,917) (258,216) (389,352) (187,437) 201,915 - - (2) (2) 2 2 2 - $ 2 $ 2 $ - $ (2) -80- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COPS SPECIAL REVENUE FUND For the year ended June 30, 2009 REVENUES: Intergovernmental revenue Investment income TOTAL REVENUES EXPENDITURES: Current: Public safety EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR Budgeted Amounts Original Final 500 500 500 500 6,900 6,900 6,232 (6,400) (6,400) 74,014 80,414 (30,000) (30,000) (30,000) - (36,400) (36,400) 44,014 80,414 75,301 75,301 75,301 - $ 38,901 $ 38,901 $ 119,315 $ 80,414 See independent auditors' report. -81- Variance with Final Budget Positive Actual (Negative) 78,253 $ 78,253 1,993 1,493 80,246 79,746 6,900 6,900 6,232 (6,400) (6,400) 74,014 80,414 (30,000) (30,000) (30,000) - (36,400) (36,400) 44,014 80,414 75,301 75,301 75,301 - $ 38,901 $ 38,901 $ 119,315 $ 80,414 See independent auditors' report. -81- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ASSET SEIZURE SPECIAL REVENUE FUND For the year ended June 30, 2009 REVENUES: Investment income EXPENDITURES: Current: Public safety EXCESS OF REVENUES OVER (UNDER) EXPENDITURES FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR See independent auditors' report. Budgeted Amounts Original Final $ 20,000 $ 20,000 $ 50,000 50,000 Variance with Final Budget Positive Actual (Negative) 8,395 $ (11,605) 50,000 (30,000) (30,000) 8,395 38,395 357,126 357,126 357,126 - $ 327,126 $ 327,126 $ 365,521 $ 38,395 -82- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL LANDSCAPE MAINTENANCE DISTRICT SPECIAL REVENUE FUND For the year ended June 30, 2009 See independent auditors' report. -83- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) REVENUES: Special assessments $ 551,562 $ 551,562 $ 550,822 $ (740) Investment income 4,200 4,200 2,699 (1,501) TOTAL REVENUES 555,762 555,762 553,521 (2,241) EXPENDITURES: Current: Highways and streets 700,077 722,836 588,861 133,975 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (144,315) (167,074) (35,340) 131,734 OTHER FINANCING SOURCES: Transfers in 83,142 103,142 36,695 (66,447) NET CHANGE INFUND BALANCE (61,173) (63,932) 1,355 65,287 FUND BALANCE - BEGINNING OF YEAR 136,565 136,565 136,565 - FUND BALANCE - END OF YEAR $ 75,392 $ 72,633 $ 137,920 $ 65,287 See independent auditors' report. -83- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PARK AND FACILITY DEVELOPMENT SPECIAL REVENUE FUND For the year ended June 30, 2009 REVENUES: Intergovernmental revenue Investment income TOTAL REVENUES EXPENDITURES: Current: Community development EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING USES: Transfers out NET CHANGE IN FUND BALANCE FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR Budgeted Amounts Original Final $ 168,523 $ 183,523 52,000 52,000 220,523 235,523 150,000 294,586 130,880 70,523 (59,063) 48,040 163,706 107,103 (304,163) (427,706) (292,718) 134,988 (233,640) (486,769) (244,678) 242,091 1,302,445 1,302,445 1,302,445 - $ 1,068,805 $ 815,676 $ 1,057,767 $ 242,091 See independent auditors' report. -84- Variance with Final Budget Positive Actual (Negative) $ 151,317 $ (32,206) 27,603 (24,397) 178,920 (56,603) 150,000 294,586 130,880 70,523 (59,063) 48,040 163,706 107,103 (304,163) (427,706) (292,718) 134,988 (233,640) (486,769) (244,678) 242,091 1,302,445 1,302,445 1,302,445 - $ 1,068,805 $ 815,676 $ 1,057,767 $ 242,091 See independent auditors' report. -84- MAJOR CAPITAL PROJECTS FUND The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by Special Revenue Funds). Capital Improvement Fund - This fund is used to account for the costs of constructing street improvements, park improvements and other public improvements not normally included within the other Capital Projects funds. Financing is provided by developer fees and interfund transfers from the Special Revenue Funds and the General Fund. -85- CITY OF DIAMOND BAR SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT CAPITAL PROJECTS FUND - MAJOR FUND For the year ended June 30, 2009 FUND BALANCE (DEFICIT) - BEGINNING OF YEAR (361,238) (361,238) (361,238) - FUND BALANCE (DEFICIT) - END OF YEAR - $ (361,238) $ (2,113,978) $ (449,501) $ 1,664,477 See independent auditors' report. -86- Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) REVENUES: Intergovernmental revenue $ 817,834 $ 1,431,155 $ 685,059 $ (746,096) Licenses, permits and fees 250,000 250,000 - (250,000) TOTAL REVENUES 1,067,834 1,681,155 685,059 (996,096) EXPENDITURES: Capital outlay 7,197,148 11,858,815 5,508,167 6,350,648 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (6,129,314) (10,177,660) (4,823,108) 5,354,552 OTHER FINANCING SOURCES: Transfers in 6,129,314 8,424,920 4,734,845 (3,690,075) NET CHANGE IN FUND BALANCE - (1,752,740) (88,263) 1,664,477 FUND BALANCE (DEFICIT) - BEGINNING OF YEAR (361,238) (361,238) (361,238) - FUND BALANCE (DEFICIT) - END OF YEAR - $ (361,238) $ (2,113,978) $ (449,501) $ 1,664,477 See independent auditors' report. -86- INTERNAL SERVICE FUNDS Internal Service Funds have been established to finance and account for goods and services provided by one City department to other City departments or agencies. Funds included are: Self -Insurance Fund - This fund is used to account for the payments made for the Citys general liability insurance premiums. Equipment Replacement Fund - This fund is used to account for the replacement of the City's rolling equipment stock or vehicles. Computer R placement Fund - This fund is used to account for the replacement and/or enhancement of the Citys computer-related equipment. -87- CITY OF DIAMOND BAR COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS ASSETS CURRENT ASSETS: Cash and investments NONCURRENT ASSETS: Capital assets: Machinery and equipment Less accumulated depreciation TOTAL NONCURRENT ASSETS TOTAL ASSETS LIABILITIES CURRENT LIABILITIES: Accounts payable NET ASSETS Invested in capital assets Unrestricted TOTAL NET ASSETS June 30, 2009 Self- Equipment Computer Insurance Replacement Replacement Totals $ 1,363,354 $ 247,002 $ 500,225 $ 2,110,581 182,206 29,374 211,580 (155,436) (15,008) (170,444) - 26,770 14,366 41,136 1,363,354 273,772 514,591 2,151,717 269,388 42,402 311,790 - 26,770 14,366 41,136 1,093,966 247,002 457,823 1,798,791 $ 1,093,966 $ 273,772 $ 472,189 $ 1,839,927 See independent auditors' report. -88- CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS - INTERNAL SERVICE FUNDS For the year ended June 30, 2009 See independent auditors' report. -89- Self- Equipment Computer Insurance Replacement Replacement Totals OPERATING EXPENSES: Insurance premiums $ 189,196 $ - $ - $ 189,196 Maintenance and operations - - 65,988 65,988 Depreciation - 19,478 3,592 23,070 TOTAL OPERATING EXPENSES 189,196 19,478 69,580 278,254 OPERATING LOSS (189,196) (19,478) (69,580) (278,254) NONOPERATING REVENUES: Investment income 26,451 5,221 8,306 39,978 LOSS BEFORE TRANSFERS (162,745) (14,257) (61,274) (238,276) TRANSFERS IN 231,700 19,400 159,500 410,600 CHANGE IN NET ASSETS 68,955 5,143 98,226 172,324 TOTAL NET ASSETS - BEGINNING OF YEAR 1,025,011 268,629 373,963 1,667,603 TOTAL NET ASSETS - END OF YEAR $ 1,093,966 $ 273,772 $ 472,189 $ 1,839,927 See independent auditors' report. -89- CITY OF DIAMOND BAR COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS For the year ended June 30, 2009 See independent auditors' report. -90- Self- Equipment Computer Insurance Replacement Replacement Totals CASH FLOWS FROM OPERATING ACTIVITIES: Insurance payments $ (393,396) $ - $ - $ (393,396) Payments to suppliers - - (28,648) (28,648) NET CASH USED BY OPERARING ACTIVITIES (393,396) - (28,648) (422,044) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES: Cash received from other funds 231,700 19,400 159,500 410,600 CASH FLOWS FROM INVESTING ACTIVITIES: Investment income 26,451 5,221 8,306 39,978 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (135,245) 24,621 139,158 28,534 CASH AND CASH EQUIVALENTS - BEGINNING OF YEAR 1,498,599 222,381 361,067 2,082,047 CASH AND CASH EQUIVALENTS - END OF YEAR $ 1,363,354 $ 247,002 $ 500,225 $ 2,110,581 RECONCILIATION OF OPERATING LOSS TO NET CASH USED BY OPERATING ACTIVITIES: Operating loss $ (189,196) $ (19,478) $ (69,580) $ (278,254) Adjustments to reconcile operating loss to net cash used by operating activities: Depreciation - 19,478 3,592 23,070 Changes in operating assets and liabilities: Increase (decrease) in accounts payable (204,200) - 37,340 (166,860) NET CASH USED BY OPERATING ACTIVITIES $ (393,396) $ - $ (28,648) $ (422,044) See independent auditors' report. -90- DESCRIPTION OF STATISTICAL SECTION CONTENTS June 30, 2009 This part of the City of Diamond Bar's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information say about the government's overall financial health. Contents: Pages Financial Trends - These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. 92-99 Revenue Capacity - These schedules contain information to help the reader assess the City's most significant local revenue source, the property tax. 101-105 Debt Capacity - These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. 106-108 Demographic and Economic Information - These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. 109-110 Operating Information - These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs. 111 - 113 -91- City of Diamond Bar Net Assets by Component Last Seven Fiscal Years (accrual basis of accounting) Governmental activities: Invested in capital assets, net of related debt (1) Restricted for: Debt service Capital projects Specific programs Unrestricted Total governmental activities net assets * The City implemented GASB 34 for the fiscal year ended June 30, 2003. Information prior to the implementation of GASB 34 is not available. (1) As allowed by GASB 34, the value of infrastructure placed in service prior to July 1, 2002 was not included in the net assets until the fiscal year ended June 30, 2007. Source: City Finance Department -92- Fiscal Year Ended June 30, 2003 2004 2005 2006 $ 8,237,553 $ 10,844,807 $ 10,692,694 $ 14,593,935 - - 245,763 243,697 5,988,178 241,767 3,775,552 3,323,474 - - 1,398,057 1,296,806 26,205,849 31,231,827 29,775,169 29,461,178 $ 40,431,580 $ 42,318,401 $ 45,887,235 $ 48,919,090 * The City implemented GASB 34 for the fiscal year ended June 30, 2003. Information prior to the implementation of GASB 34 is not available. (1) As allowed by GASB 34, the value of infrastructure placed in service prior to July 1, 2002 was not included in the net assets until the fiscal year ended June 30, 2007. Source: City Finance Department -92- Fiscal Year Ended June 30, 2007 2008 2009 $ 375,216,400 $ 370,949,296 $ 367,529,907 321,747 309,533 305,915 3,446,872 2,912,276 3,526,991 1,013,495 889,176 1,109,762 34,072,884 36,236,504 34,554,084 $ 414,071,398 $ 411,296,785 $ 407,026,659 -93- City of Diamond Bar Changes in Net Assets Last Seven Fiscal Years (accrual basis of accounting) * The City implemented GASB 34 for the fiscal year ended June 30, 2003. Information prior to the implementation of GASB 34 is not available. Source: City Finance Department -94. Fiscal Year Ended June 30, 2003 2004 2005 2006 Expenses: Governmental activities: General government $ 3,315,082 $ 3,713,530 $ 3,997,319 $ 4,203,123 Public safety 4,988,449 4,875,823 4,969,183 5,418,005 Highways and streets 1,006,768 1,365,737 4,622,014 5,240,568 Community development 3,370,116 5,724,606 1,050,025 2,759,718 Parks, recreation and culture 2,309,150 2,580,454 3,814,887 3,737,071 Interest and fiscal charges 535,752 171,223 270,735 423,320 Total expenses 15,525,317 18,431,373 18,724,163 21,781,805 Program revenues: Governmental activities: Charges for services: General government 74,805 225,656 486,925 707,272 Public safety 813,617 733,902 1,159,264 1,277,170 Highways and streets 517,930 529,330 1,328,637 1,555,993 Community development 908,330 933,985 7,888 16,841 Parks, recreation and culture 558,227 610,772 1,147,088 1,260,849 Operating grants and contributions 4,390,722 4,068,446 4,040,785 5,281,308 Capital grants and contributions 1,779,510 261,994 - 1,150 Total program revenues 9,043,141 7,364,085 8,170,587 10,100,583 General revenues: Taxes: Property taxes 2,692,723 2,682,872 3,155,723 6,769,553 Transient occupancy taxes 578,680 628,564 717,879 718,889 Sales taxes 2,965,292 3,167,901 2,645,096 2,964,877 Property taxes in lieu of sales taxes - - 863,245 984,472 Franchise taxes 828,242 912,531 941,319 996,567 Property transfer tax 367,638 367,464 413,247 416,423 Other taxes 34,989 35,077 35,283 35,522 Unrestricted motor vehicle in lieu 3,370,387 2,716,134 4,386,800 413,230 Investment income 439,455 182,069 532,091 1,051,922 Other revenue 84,795 250,250 676,292 361,622 Total general revenues 11,362,201 10,942,862 14,366,975 14,713,077 Change in net assets $ 4,880,025 $ (124,426) $ 3,813,399 $ 3,031,855 * The City implemented GASB 34 for the fiscal year ended June 30, 2003. Information prior to the implementation of GASB 34 is not available. Source: City Finance Department -94. Fiscal Year Ended June 30, 2007 2008 2009 $ 4,784,314 $ 4,473,666 $ 5,159,300 4,876,435 4,944,729 5,396,083 14,019,550 12,034,669 13,931,211 2,292,757 2,251,196 1,959,303 4,779,588 5,188,977 4,950,687 498,042 392,548 177,633 31,250,686 29,285,785 31,574,217 262,541 225,553 132,262 1,512,195 1,176,931 1,017,336 3,493,798 2,851,187 1,732,985 21,297 23,351 17,602 1,385, 788 1,581,597 1,705,282 6,968,824 4,307,074 5,588,818 1,254,314 219,193 2,272,580 14,898,757 10,384,886 12,466,865 7,727,580 8,194,270 8,460,356 774,757 800,390 633,075 2,935,703 3,114,562 2,166,782 1,007,642 987,615 918,441 1,064,621 1,024,710 1,093,039 331,096 283,433 199,365 33,822 33,865 33,888 350,194 262,064 194,547 1,476,010 1,420,989 833,270 41,362 4,388 304,463 15,742, 787 16,126,286 14, 83 7,226 $ (609,142) $ (2,774,613) $ (4,270,126) -95- City of Diamond Bar Fund Balances of Governmental Funds Last Seven Fiscal Years (modified accrual basis of accounting) Fiscal Year Ended June 30, 2003 2004 2005 2006 General fund: Reserved $ 440,407 $ 866,843 $ 1,125,918 $ 1,310,172 Unreserved 21,913,219 21,796,659 24,809,721 25,103,444 Total general fund 22,353,626 22,663,502 25,935,639 26,413,616 All other governmental funds: Reserved 5,719,861 105,861 5,555,988 2,274,829 Unreserved, reported in: Special revenue funds 8,030,278 6,043,352 6,111,202 5,485,933 Debt service fund - 505,915 274,426 - Capital projects funds 268,317 241,767 (5,443,309) (2,612,373) Total all other governmental funds 14,018,456 6,896,895 6,498,307 5,148,389 Total fund balances $ 36,372,082 $ 29,560,397 $ 32,433,946 $ 31,562,005 The City has elected to show only seven years of data for this schedule. Source: City Finance Department -96- Fiscal Year Ended June 30, 2007 2008 2009 $ 1,893,287 $ 1,864,387 $ 1,612,181 28,568,263 31,065,127 30,041,357 30,461,550 32,929,514 31,653,538 3,311,451 5,810,250 2,622,908 5,736,366 4,955,552 5,531,185 (4,681,728) (5,703,854) (2,677,230) 4,366,089 5,061,948 5,476,863 $ 34,827,639 $ 37,991,462 $ 37,130,401 -97- City of Diamond Bar Changes in Fund Balances, Governmental Funds Last Seven Fiscal Years (modified accrual basis of accounting) Excess of revenues over (under) expenditures (2,809,501) (6,627,932) 3,110,836 (320,483) Other financing sources (uses): Bond issued Bonds discount and issuance costs Transfers in Transfers out Total other financing sources (uses) Net changes in fund balances Debt service as a percentage of noncapital expenditures 13,755,000 - - - (769,300) - - - 10,259,848 9,906,970 2,363,367 6,469,523 (10,453,243) (10,090,723) (2,600,654) (6,733,961) 12,792,305 (183,753) (237,287) (264,438) $ 9,982,804 $ (6,811,685) $ 2,873,549 $ (584,921) 7.48% 0.82% 1.38% 3.18% The City has elected to show only seven years of data for this schedule. Source: City Finance Department -98- Fiscal Year Ended June 30, 2003 2004 2005 2006 Revenues: Taxes $ 7,432,575 $ 7,759,331 $ 8,632,837 $ 9,508,757 Special assessments 557,601 555,232 593,778 504,908 Intergovernmental 8,602,856 6,353,152 8,306,557 8,821,141 Charges for services 706,137 709,011 761,040 870,314 Fines and forfeitures 813,617 733,903 713,201 589,922 Licenses and permits 1,467,127 1,457,345 1,732,555 2,389,149 Investment income 658,922 395,929 654,066 1,250,570 Other revenues 74,818 234,951 480,740 792,216 Total revenues 20,313,653 18,198,854 21,874,774 24,726,977 Expenditures: Current: General government 3,163,516 3,663,055 3,787,005 3,551,659 Public safety 4,973,248 4,857,179 4,954,630 5,404,259 Highway and streets 1,006,768 1,365,737 4,301,146 4,769,497 Parks, recreation and culture 1,946,025 2,114,090 2,750,815 2,613,834 Community development 2,808,613 3,419,856 1,050,025 2,748,539 Capital outlay 8,057,482 9,261,289 1,682,830 5,320,597 Debt service: Principal - - - 235,000 Interest charges 86,562 145,580 237,487 404,075 Fiscal charges 1,080,940 - - - Total expenditures 23,123,154 24,826,786 18,763,938 25,047,460 Excess of revenues over (under) expenditures (2,809,501) (6,627,932) 3,110,836 (320,483) Other financing sources (uses): Bond issued Bonds discount and issuance costs Transfers in Transfers out Total other financing sources (uses) Net changes in fund balances Debt service as a percentage of noncapital expenditures 13,755,000 - - - (769,300) - - - 10,259,848 9,906,970 2,363,367 6,469,523 (10,453,243) (10,090,723) (2,600,654) (6,733,961) 12,792,305 (183,753) (237,287) (264,438) $ 9,982,804 $ (6,811,685) $ 2,873,549 $ (584,921) 7.48% 0.82% 1.38% 3.18% The City has elected to show only seven years of data for this schedule. Source: City Finance Department -98- Fiscal Year Ended June 30, 2007 2008 2009 $ 9,876,760 $ 10,165,881 $ 9,119,375 541,382 543,561 550,822 11,169,052 9,896,948 12,081,466 1,002,210 1,111,655 1,460,828 546,902 637,484 601,533 4,247,626 3,121,476 1,445,324 1,716,194 1,629,257 938,053 767,457 826,177 1,018,956 29,867,583 27,932,439 27,216,357 4,402,235 3,987,656 5,071,860 4,880,290 4,933,958 5,407,476 5,114,274 4,926,418 5,607,870 3,475,549 3,714,762 3,673,282 2,292,757 2,246,496 1,945,951 5,344,935 4,271,890 5,508,167 240,000 255,000 265,000 493,840 411,583 187,212 26,243,880 24,747,763 27,666,818 3,623,703 3,184,676 (450,461) 6,030,764 7,266,149 6,653,637 (6,354,106) (7,608,749) (7,064,237) (323,342) (342,600) (410,600) $ 3,300,361 $ 2,842,076 $ (861,061) 2.91% 2.89% 1.77% -99- THIS PAGE LEFT BLANK INTENTIONALLY -100- City of Diamond Bar Assessed and Estimated Actual Values of Taxable Property Last Ten Fiscal Years (unaudited) Fiscal Year Total Ended Net Tax Direct June 30, Secured Unsecured Nonunitary * Taxable Values Exemptions Rate 2000 $ 3,836,874,815 $ 63,750,454 $ 125,921 $ 3,900,751,190 $ 36,494,583 0.052947/. 2001 4,058,203,577 67,345,947 116,405 4,125,665,929 40,088,648 0.05294% 2002 4,286,132,334 71,531,889 127,441 4,357,791,664 41,869,703 0.05294% 2003 4,618,700,097 69,981,865 122,697 4,688,804,659 44,188,829 0.05294% 2004 5,003,437,689 77,407,924 140,122 5,080,985,735 47,621,182 0.05294% 2005 5,370,469,396 76,173,121 174,846 5,446,817,363 39,831,091 0.05294% 2006 5,791,564,163 83,223,023 163,090 5,874,950,276 51,408,286 0.05294% 2007 6,331,041,269 90,751,985 134,088 6,421,927,342 28,682,577 0.05294% 2008 6,784,318,579 109,704,881 - 6,894,023,460 39,859,238 0.05294% 2009 7,102,450,158 99,170,064 - 7,201,620,222 48,909,164 0.05294% Exempt values are not included in Total Net Taxable Values. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above. * Prior to 2007, all SBE Nonunitary Railroad Properties were taxed at the tax rate area level. As of 2007, there was legislation passed that requires Counties to track this value for the each county in a specific tax rate area and it's distributed differently. Therefore from this year forward, Cities can no longer keep tracking how much value there is on railroad properties within each City. Source: Los Angeles County Auditor/Controller, Hdl Coren & Cone -101- City of Diamond Bar Direct and Overlapping Property Tax Rates Last Ten Fiscal Years (Rate per $100 of Assessed Value) City Direct Rates: City basic rate Overlapping Rates: Children's Institutional Tuition Fund Consolidated Fire Protection County Lighting Maintenance County Sanitation Dist 21 County school service - Walnut Valley Development Ctr Handicapped Minor Educational Augmentation Fund La County Library La County Capital Outlay La County Fire La County Flood Control La County General Mt San Antonio Children's Center Mt San Antonio Community College Southeast Mosquito Abatement Three Valley Municipal Water Walnut Valley Unified School Dist Walnut Valley Water Dist Total Prop. 13 Rate Detention Facilities 1987 Debt La County Flood Control Storm Dr. Ds. #4 Flood Control Ref. Bonds 1993 Ds Mt San Antonio Ccd Ds 2001 S-A Mt San Antonio Ccd 2001 Series 2004B Mt S Antonio Ccd Ds 2005 Refunding Bond Mt S Antonio Ccd 2001, Series C 2006 Mt Sacc Ds 2001, 2008 Series D Pomona Unified Ds Refunding Series 1997 Pomona Unified Ds 1991 Series G Pomona Unified Sd Ds 1998 Series A Pomona Unified Sd Ds 1998 Series B Pomona Unified Sd Ds 1998 Series C Pomona Usd Refunding 2000 Series A Pomona Unified Sd Ds 1998 Series D Pomona Usd Refunding 2001 Series A Pomona Unified Sd Ds 2002 Series A Pomona Unified Sd Ds 2002 Series B Pomona Unified Sd Ds 2002 Series C Pomona Unified Sd Ds 2002 Series D Pomona Unified Sd Ds 2002 Series E Pomona Unified Sd Ds 2007 Ref Bds Rowland Heights Usd Ds 2000 Series A Rowland Heights Usd Ds 2000 Series B Rowland Heights Unified Ds 2005 Ref. Bond Rowland Usd Ds 2006 Series A Walnut Valley Ref. Ds Series 97 A Walnut Valley Usd Ds 2000 Series A Walnut Valley Usd Ds 2000 Series B Walnut Valley Usd Ds 2000 Series C Walnut Valley Usd Ds 2000 Series D Walnut Valley Usd Ds 2000 Series E Walnut Valley Usd Ds 2005 Ref. Bond Walnut Valey Usd Ds 2007 Series A (Measure S) Walnut Valley Usd Ds 2007 Series A (Measure Y) Metropolitan Water District Total Voter Approved Rate Total Tax Rate 1999/00 2000/01 2001/02 2002/03 0.05294 0.00271 0.16936 0.02016 0.01221 0.00894 0.00083 0.21072 0.02237 0.00011 0.00616 0.01094 0.24908 0.00028 0.02926 0.00035 0.00409 0.19057 0.00892 0.00142 0.00097 0.00079 0.00000 0.00000 0.00000 0.00000 0.00000 0.06097 0.01150 0.01106 0.02154 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.07849 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00890 0.05294 0.05294 0.00271 0.00271 0.16936 0.16936 0.02016 0.02016 0.01221 0.01221 0.00894 0.00894 0.00083 0.00083 0.21072 0.21072 0.02237 0.02237 0.00011 0.00011 0.00616 0.00616 0.01094 0.01094 0.24908 0.24908 0.00028 0.00028 0.02926 0.02926 0.00035 0.00035 0.00409 0.00409 0.19057 0.19057 0.00892 0.00892 0.00131 0.00092 0.00064 0.00000 0.00000 0.00000 0.00000 0.00000 0.06294 0.01129 0.00000 0.00000 0.03846 0.02224 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.03734 0.00000 0.00000 0.00000 0.07715 0.01125 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00880 0.00113 0.00066 0.00041 0.00000 0.00000 0.00000 0.00000 0.00000 0.05989 0.00000 0.00000 0.00000 0.00000 0.02337 0.02070 0.01806 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.03636 0.00000 0.00000 0.00000 0.07165 0.01001 0.00997 0.00000 0.00000 0.00000 0.00000 0.05294 0.00271 0.16936 0.02016 0.01221 0.00894 0.00083 0.21072 0.02237 0.00011 0.00616 0.01094 0.24908 0.00028 0.02926 0.00035 0.00409 0.19057 0.00892 -moi.W 0.00103 0.00062 0.00026 0.01946 0.00000 0.00000 0.00000 0.00000 0.05712 0.00000 0.00000 0.00000 0.00000 0.02299 0.00531 0.02699 0.01100 0.00000 0.00000 0.00000 0.00000 0.00000 0.03618 0.00000 0.00000 0.00000 0.07018 0.00881 0.00888 0.01299 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00770 0.00670 "W --77$W 1.1956 1.2723 1.2599 1.2885 In 1978, California voters passed Proposition 13 which sets the property tax rate at a 1.00% fixed amount. This 1.00% is shared by all taxing agencies for which the subject property resides within. In addition to the 1.00% fixed amount, property owners are charged taxes as a percentage of assessed property values for the payment of any voter approved bonds for the Pomona Unified School District or Walnut Valley Unified School Districts in Diamond Bar depending on which school district the property is located in. Source: Hdl Coren & Cone - 102- 2003104 2004/05 2005/06 2006107 2007/08 2008/09 0.05294 0.05294 0.05294 0.05294 0.05294 0.05294 0.00271 0.00271 0.00271 0.00271 0.00271 0.00271 0.16936 0.16936 0.16936 0.16936 0.16936 0.16936 0.02016 0.02016 0.02016 0.02016 0.02016 0.02016 0.01221 0.01221 0.01221 0.01221 0.01221 0.01221 0.00894 0.00894 0.00894 0.00894 0.00894 0.00894 0.00083 0.00083 0.00083 0.00083 0.00083 0.00083 0.21072 0.21072 0.21072 0.21072 0.21072 0.21072 0.02237 0.02237 0.02237 0.02237 0.02237 0.02237 0.00011 0.00011 0.00011 0.00011 0.00011 0.00011 0.00616 0.00616 0.00616 0.00616 0.00616 0.00616 0.01094 0.01094 0.01094 0.01094 0.01094 0.01094 0.24908 0.24908 0.24908 0.24908 0.24908 0.24908 0.00028 0.00028 0.00028 0.00028 0.00028 0.00028 0.02926 0.02926 0.02926 0.02926 0.02926 0.02926 0.00035 0.00035 0.00035 0.00035 0.00035 0.00035 0.00409 0.00409 0.00409 0.00409 0.00409 0.00409 0.19057 0.19057 0.19057 0.19057 0.19057 0.19057 0.00892 0.00892 0.00892 0.00892 0.00892 0.00892 LOW X6W moi. bad 0.00099 0.00092 0.00080 0.00066 0.00000 0.00000 0.00043 0.00021 0.00002 0.00002 0.00000 0.00000 0.00004 0.00003 0.00003 0.00003 0.00000 0.00000 0.01525 0.00332 0.00346 0.00346 0.00200 0.00196 0.00000 0.01141 0.01776 0.00146 0.00503 0.00190 0.00000 0.00000 0.00000 0.01535 0.00781 0.01220 0.00000 0.00000 0.00000 0.00503 0.00266 0.00565 0.00000 0.00000 0.00000 0.00000 0.00000 0.00162 0.05423 0.04860 0.04422 0.04131 0.04116 0.04115 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.01977 0.01806 0.01696 0.01381 0.01450 0.01356 0.00811 0.00746 0.00672 0.00597 0.00128 0.00000 0.02057 0.02063 0.01626 0.01924 0.01301 0.01731 0.00925 0.00766 0.00668 0.00616 0.00593 0.00574 0.01441 0.01233 0.01008 0.00903 0.00887 0.00853 0.00000 0.01436 0.01141 0.00907 0.00896 0.00866 0.00000 0.00000 0.01255 0.01024 0.00867 0.00821 0.00000 0.00000 0.00000 0.00918 0.00697 0.00658 0.00000 0.00000 0.00000 0.00000 0.00444 0.00603 0.01382 0.01479 0.00049 0.00639 0.00611 0.00665 0.02398 0.02406 0.02086 0.01908 0.01860 0.01785 0.00000 0.00000 0.01498 0.01205 0.01147 0.01101 0.00000 0.00000 0.00000 0.03677 0.03325 0.03477 0.06633 0.06378 0.06077 0.05834 0.05642 0.05598 0.00825 0.00771 0.00329 0.00283 0.00281 0.00279 0.00774 0.00739 0.00288 0.00248 0.00251 0.00246 0.00857 0.00869 0.00807 0.00744 0.00691 0.00659 0.00571 0.00760 0.00795 0.00828 0.00875 0.00933 0.00000 0.00000 0.00058 0.00033 0.00035 0.00034 0.00000 0.00000 0.00787 0.00778 0.00688 0.00657 0.00000 0.00000 0.00000 0.00000 0.00000 0.02270 0.00000 0.00000 0.00000 0.00000 0.00000 0.00620 0.00610 0.00580 0.00520 0.00470 0.00450 0.00430 xW ---n$a$ ---MW -- T.Tf 95 ---T.TW - - - 6MW 1.2836 1.2848 1.2799 1.3165 1.2899 1.3266 -103- City of Diamond Bar Top 10 Property Taxpayers Current Fiscal Year and Nine Fiscal Years Ago Current Taxpayers DB Gateway Corporate, Inc. Behringer Harvard Western Portfolio CRP -2 Holdings CC VIF II Hampton Apartments at Diamond Bar Target Corporation Muller Rock 2 Gateway Gateway Corporate Center Danari Diamond Bar LLC Country Hills Holdings LLC Millennium Diamond Road Partners LLC Taxpayers Nine Years Ago IRPM Muller Associates LLC M & H Realty Partners H Diamond Bar Business Associates Martin Brattrud Propertiies HR Barros Family Limited Partnership Shea Homes Limited Partnership Lakeview Village Corporation Arden Realty Finance III LLC Kilroy Ralty Limited Partnership Diamond Bar Hotel Fund Limited 2008-09 Percentage of Total Assessed Valuation Net Assessed Valuation $ 48,500,000 0.673% 40,731,660 0.566% 38,760,000 0.538% 36,227,086 0.503% 28,080,832 0.390% 24,376,264 0.338% 19,635,000 0.273% 19,159,041 0.266% 18,695,169 0.260% 18,358,885 0.255% $ 292,523,937 4.062% 1999-00 Percentage of Total Assessed Valuation Net Assessed Valuation $ 21,624,000 0.517% 19,006,800 0.455% 15,495,213 0.371% 13,889,845 0.332% 13,668,000 0.327% 11,827,729 0.283% 11,611,777 0.278% 10,648,728 0.255% 8,482,761 0.203% 7,780,677 0.186% $ 134,035,530 3.207% Source: Hdl Coren & Cone, Los Angeles County Assessor 2008/09 combined tax rolls and the SBE Non Unitary Tax Roll -104- City of Diamond Bar Property Tax Levies and Collections Last Ten Fiscal Years (unaudited) Fiscal Year Taxes Levied Collected within the Collections in Total Collections Ended for the Fiscal Year of Levy Subsequent to Date June 30 Fiscal Year Amount % to Levy Years Amount % to Levy 2000 $ 2,049,915 $ 1,993,904 97.27% $ 91,011 $ 2,084,915 101.71% 2001 2,104,530 2,027,817 96.35% 106,713 2,134,530 101.43% 2002 2,289,208 2,279,310 99.57% 111,911 2,391,221 104.46% 2003 2,474,222 2,604,887 105.28% 89,923 2,694,810 108.92% 2004 2,699,991 2,622,129 97.12% 114,420 2,736,549 101.35% 2005 2,870,810 2,812,366 97.96% 130,450 2,942,816 102.51% 2006 3,107,457 3,041,035 97.86% 478,686 3,519,721 113.27% 2007 3,378,087 3,367,552 99.69% 353,581 3,721,133 110.16% 2008 3,582,055 3,575,656 99.82% 317,552 3,893,208 108.69% 2009 3,781,997 3,726,933 98.54% 240,455 3,967,388 104.90% Sources: Los Angeles County Auditor/Controller City Finance Department -105- City of Diamond Bar Ratios of Outstanding Debt by Type Last Ten Fiscal Years Total $ Governmental Activities Fiscal Year Lease Other Total Ended Revenue Bond and Governmental June 30 Bonds (a) Loans Activities 2000 $ - $ - $ 2001 - - - 2002 13,755,000 - 13,755,000 2003 13,755,000 - 13,755,000 2004 13,755,000 - 13,755,000 2005 13,655,000 - 13,655,000 2006 13,520,000 - 13,520,000 2007 13,280,000 - 13,280,000 2008 13,025,000 - 13,025,000 2009 12,760,000 - 12,760,000 Total $ % of Debt Primary Per Capita Per Government Income (b) Capita (b) - 0.00% $ - - 0.00% 13,755,000 0.80% 237 13,755,000 0.78% 233 13,755,000 0.77% 232 13,655,000 0.75% 229 13,520,000 0.72% 226 13,280,000 0.71% 222 13,025,000 0.69% 216 12,760,000 0.71% 211 Notes: (a) Details regarding the City's outstanding lease revenue bonds can be found in the notes to the financial statements. (b) Details regarding the City's population and per capita income can be found in the Demographic and Economic Statistics Table. Source: City Finance Department -106- City of Diamond Bar Direct and Overlapping Debt June 30, 2009 (unaudited) Direct Debt as of June 30, 2009: Diamond Bar Lease Revenue Bond Overlapping Debts as of June 30, 2009*: Metropolitan Water District Three Valley Area 1112 Mt San Antonio Community College District 2001 Series A Mt San Antonio Community College District 2004 Series B Mt San Antonio Community College District DS 05 Ref Bd Mt San Antonio Community College District DS 01, 06 Ser C Mt San Antonio DS 2001, 2008 Series D Pomona Unified School District Refund Series 1997A Pomona Unified School District 2000 Series A Pomona Unified SD Refunding 2001 Series A Debt Service Pomona Unified School District 2002 Series A Debt Service Pomona Unified School District 2002 Series B Pomona Unified School District 2002 Series C Pomona Unified School District 2002 Series D Pomona Unified School District 2002 Series E Pomona Unified School District 2007 Ref Bds Walnut Valley Unified School District Refund Series 1997 A Walnut Valley Unified School District 2000 Series A Walnut Valley Unified School District 2000 Series B Walnut Valley Unified School District 2000 Series C Walnut Valley Unified School District 2000 Series D Walnut Valley Unified School District 2000 Series E Walnut Valley Unified School District 2005 Ref Bonds Walnut Valley Unified School District 2007 (Measure S) Walnut Valley Unified School District 2007 (Measure Y) Total Direct and Overlapping Bonded Debt Gross Bonded % Applicable Net Bonded Debt Balance To City Debt $ 12,760,000 100.000 $ 12,760,000 137,096,151 0.836 1,145,565 3,365,000 10.490 352,989 11,610,000 10.490 1,217,889 66,810,843 10.490 7,008,458 79,861,070 10.490 8,377,427 26,003,609 10.487 2,726,914 34,950,000 19.316 6,750,790 18,070,000 19.316 3,490,323 19,050,000 19.316 3,679,615 8,465,000 19.316 1,635,063 13,105,000 19.316 2,531,305 13,615,000 19.316 2,629,814 13,920,000 19.316 2,688,727 47,495,000 19.316 9,173,927 9,161,242 19.316 1,769,546 29,312,718 58.942 17,277,606 445,000 58.942 262,293 205,000 58.942 120,832 6,940,000 58.942 4,090,599 21,518,114 58.942 12,683,283 6,001,837 58.942 3,537,624 11,770,000 58.942 6,937,515 29,600,000 58.928 17,442,750 7,200,887 58.928 4,243,354 $ 628,331,471 $ 134,534,208 Debt to Assessed Valuation Ratios as of June 30, 2009: Ratio Per Capita 2008/09 Net Assessed Valuation: $7,201,620,222 2009 Estimated Total City Population: 60,407 Direct Debt 0.18% $ 211 Overlapping Debt 1.69% $ 2,016 Total Debt 1.87% $ 2,227 Report reflects general obligation debt which is being repaid through voter -approved indebtness. It excludes, mortgage revenue, tax allocation bonds, interim financing obligations, non -bonded capital lease obligations and certificates of participation. * The overlapping debt is the portion of a larger agency, and is responsible for debt in areas outside the city. Sources: Hdl Coren & Cone City Finance Department -107- City of Diamond Bar Computation of Legal Debt Margin Last Ten Fiscal Years (unaudited) The Government Code of the State of California provides for a legal debt limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% of market value. Effective with the 1981-82 fiscal year, each parcel is now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computations shown above reflect a conversion of assessed valuation data for each fiscal year from the current full valuation the 25% level that was in effect at the time that the legal debt margin was enacted by the State of California for local government located within the state. Sources: Section 43605 of the California Government Code Hdl Coren & Cone City Finance Department -108- Fiscal Year Ended June 30, 2000 2001 2002 2003 2004 Net assessed value $ 3,900,751,190 $ 4,125,665,929 $ 4,357,791,664 $ 4,688,804,659 $ 5,080,985,735 Add back: Exemptions 36,494,583 40,088,648 41,869,703 44,188,829 47,621,182 Gross assessed value 3,937,245,773 4,165,754,577 4,399,661,367 4,732,993,488 5,128,606,917 Conversion percentage 25% 25% 25% 25% 25% Adjusted assessed valuation 984,311,443 1,041,438,644 1,099,915,342 1,183,248,372 1,282,151,729 Debt limit percentage 15% 15% 15% 15% 15% Debt limit 147,646,716 156,215,797 164,987,301 177,487,256 192,322,759 City Debts: Revenue bonds - - 13,755,000 13,755,000 13,755,000 Legal debt margin $ 147,646,716 $ 156,215,797 $ 151,232,301 $ 163,732,256 $ 178,567,759 Fiscal Year Ended June 30, 2005 2006 2007 2008 2009 Net assessed value $ 5,446,817,363 $ 5,874,950,276 $ 6,421,927,342 $ 6,894,023,460 $ 7,201,620,222 Add back: Exemptions 39,831,091 51,408,286 28,682,577 39,859,238 48,909,164 Gross assessed value 5,486,648,454 5,926,358,562 6,450,609,919 6,933,882,698 7,250,529,386 Conversion percentage 25% 25% 25% 25% 25% Adjusted assessed valuation 1,371,662,114 1,481,589,641 1,612,652,480 1,733,470,675 1,812,632,347 Debt limit percentage 15% 15% 15% 15% 15% Debt limit 205,749,317 222,238,446 241,897,872 260,020,601 271,894,852 City Debts: Revenue bonds 13,755,000 13,520,000 13,280,000 13,025,000 12,760,000 Legal debt margin $ 191,994,317 $ 208,718,446 $ 228,617,872 $ 246,995,601 $ 259,134,852 The Government Code of the State of California provides for a legal debt limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% of market value. Effective with the 1981-82 fiscal year, each parcel is now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computations shown above reflect a conversion of assessed valuation data for each fiscal year from the current full valuation the 25% level that was in effect at the time that the legal debt margin was enacted by the State of California for local government located within the state. Sources: Section 43605 of the California Government Code Hdl Coren & Cone City Finance Department -108- City of Diamond Bar Demographic and Economic Statistics Last Ten Calendar Years General Information Date of Incorporation April 18, 1989 Form of Government Council -Manager Area 14.76 Square Miles Miles of Streets 137 Public Safety Police Protection Los Angeles County Sheriff Department Fire Protection Los Angeles County Fire Department Water Services Service Provider Walnut Valley Water District Education School District Pomona Unified School District Schools 1 High School, 1 Middle School, & 4 Elementary Schools School District Walnut Valley Unified School District Schools 1 High School, 2 Middle Schools, & 4 Elementary Schools Demographic and Statistical Information (Last Ten Calendar Years) Total Per Capita Calendar Personal Personal Total Unemployment Year Population Income Income Employment Rate 2000 56,287 $ 1,435,318,500 $ 25,500 29,700 3.70% 2001 57,066 1,636,938,210 28,685 30,100 3.80% 2002 58,115 1,852,125,050 31,870 29,700 4.90% 2003 58,966 1,779,358,016 30,176 29,900 5.10% 2004 59,399 1,691,802,318 28,482 29,900 4.70% 2005 59,595 1,722,653,070 28,906 30,700 3.60% 2006 59,722 1,737,074,092 29,086 31,400 3.20% 2007 60,207 1,774,420,704 29,472 31,800 3.40% 2008 60,360 1,903,995,840 31,544 31,200 5.30% 2009 60,407 1,974,342,388 32,684 29,800 8.10% Sources: State Department of Finance California LaborMarketInfo, Data Library Diamond Bar City, California - Fact Sheet - American FactFinder State of California - Labor Market Info (http://www.laborrnarketinfo.edd.ca.gov) -109- City of Diamond Bar Principal Employers (unaudited) Current Fiscal Year and Nine Fiscal Years Ago 2009 2000 "Total Employment" as used above represents the total employment of all employers located within City limits. Source: InfoUSA - Government Division -110- Number of % of Total Number of % of Total Employer Employees Employment Employees Employment South Coast Air Quality Management 816 2.74% 725 2.40% All State Insurance Company 600 2.01% 700 2.32% St Paul Travelers 400 1.34% Target Store - Diamond Bar 220 0.74% AAA Auto Club of California 200 0.67% Diamond Bar High School 200 0.67% 185 0.61% On Assignment Healthcare 200 0.67% Farmers Insurance 160 0.54% First Team Real Estate 150 0.50% J.F. Shea Co. Inc 135 0.45% Goodrich Hoist & Winch 120 0.40% QTC Medical Svc Inc 120 0.40% Southwest Patrol 120 0.40% 60 0.20% Starside Security & Investigation 120 0.40% Century 21 Diamond Realty 120 0.40% 70 0.23% Administaff Inc 100 0.34% Biosense Webstar Inc 100 0.34% First Mortgage Corp 100 0.34% 75 0.25% H Mart Co Inc 100 0.34% K Mart 100 0.34% 108 0.36% Acosta Sales & Marketing 450 1.49% ADP 300 0.99% Superior National Insurance 140 0.46% Coldwell Banker 100 0.33% Dail Egg Ranchers Inc 100 0.33% Total Employment 29,800 100.00% 30,200 100.00% "Total Employment" as used above represents the total employment of all employers located within City limits. Source: InfoUSA - Government Division -110- City of Diamond Bar Full-time and Part-time City Employees by Function Last Ten Fiscal Years Note: The City is a contract city and as such contracts for many of its services. This includes police services, fire services, building and safety services, engineering, road maintenance and landscape maintenance. Source: City Finance Department Fiscal Year Ended June 30, Function 2000 2001 2002 2003 2004 General government 21 24 24 24 25 Community development 6 4 4 4 5 Community services 41 38 37 38 45 Public works 4 4 4 5 6 Total 72 70 69 71 81 Fiscal Year Ended June 30, Function 2005 2006 2007 2008 2009 General government 25 22 21 24 25 Community development 7 8 8 6 7 Community services 74 77 74 69 71 Public works 7 7 8 10 10 Total 113 114 111 109 113 Note: The City is a contract city and as such contracts for many of its services. This includes police services, fire services, building and safety services, engineering, road maintenance and landscape maintenance. Source: City Finance Department Function Police: (1) Physical arrests Street sweeping parking citations Fire: (2) Number of emergency calls inspections Public works: (3) Street resurfacing (miles) Parks and recreation: (4) Number of recreation classes Number of facility rentals Function Police: (1) City of Diamond Bar Operating Indicators by Function Last Ten Fiscal Years Physical arrests Fiscal Year Ended June 30, 558 2000 2001 2002 2003 2004 5,790 5,684 817 764 571 552 481 (a) 2,996 7,995 6,662 6,710 (a) 2,647 2,666 2,741 2,755 (a) (a) (a) (a) 1,206 23.0 24.6 19.7 18.5 5.0 1,084 1,062 947 915 1,022 785 785 785 1,021 1,736 Fiscal Year Ended June 30, 2005 2006 2007 2008 2009 Physical arrests 520 558 582 543 591 Street sweeping parking citations 6,250 5,790 5,684 5,200 5,103 Fire: (2) Number of emergency calls 2,615 2,592 2,612 2,595 2,561 Inspections 1,159 837 1,114 1,085 1,100 Public works: (3) Street resurfacing (miles) 18.6 16.8 19.6 18.5 13.8 Parks and recreation: (4) Number of recreation classes 1,102 1,376 1,558 1,569 1,315 Number of facility rentals 4,123 4,305 4,555 4,103 4,299 (a) Unavailable Note: Indicators are not available for the general government function. Sources: (1) Police Walnut/Diamond Bar Station (2) LA County Fire Dept East Regional Operation Bureau (3) City Public Works Department (4) City Community Services Department -112- Function City of Diamond Bar Capital Asset Statistics by Function Last Seven Fiscal Years Fiscal Year Ended June 30, 2003 2004 2005 2006 2007 2008 2009 Public safety: Police (1): Station 1 1 1 1 1 1 1 Patrol units (all shifts combined) 20 20 20 19 19 18 18 Fire (2): Stations 3 3 3 3 3 3 3 Public works: Highways and streets (3): Streets (miles) 128 128 128 128 128 128 128 Streetlights (a) (a) (a) (a) 233 233 233 Traffic signals (a) (a) (a) (a) 74 74 74 Parks and recreation: Culture and recreation (4): Parks acreage (developed) 62.7 62.7 62.7 62.7 62.7 62.7 62.7 Parks acreage (undeveloped) 439.0 439.0 439.0 439.0 439.0 439.0 439.4 Parks 11 11 11 11 11 11 12 Public tennis courts 8 8 8 8 8 8 8 Community centers 3 3 3 3 3 3 3 Golf Course:(5) County golf courses 1 1 1 1 1 Sewer (3): Sanitary sewers (miles) (a) (a) (a) (a) 157 (a) Unavailable Notes: The City is a contract city and as such contracts for many of its services. This includes police services, fire services, building and safety services, engineering, road maintenance and landscape maintenance. No capital asset indicators are available for the general government function. Sources: (1) Police Walnut/Diamond Bar Station (2) LA County Fire Department, Division VIII Office (3) City Public Works Department (4) City Community Services Department (5) LA County Golf Course - 113- 157 157 CITY COUNCIL Agenda # 6.6 Meeting Date: Jan. 19, 2010 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Accept Resignation of Audrey Hmilton as the City's Member of the Greater Los Angeles County Vector Control Board and Appoint Mayor Pro Tem Steve Tye to fill unexpired term. RECOMMENDATION: Accept and Appoint. FINANCIAL SUMMARY: No Financial Impact. BACKGROUND: In October of 2008, the City Council appointed Audrey Hamilton to a two-year term on the Greater Los Angeles County Vector Control Board which will expire in October, 2010. On December 27, 2009, Mayor Herrera received an email from Mrs. Hamilton resigning her appointment. The Mayor has the discretion to fill the unexpired term with a member of the community or appoint a member of the Council. Mayor Herrera has indicated that it is her intention to appoint Mayor Pro Tem Steve Tye to the Greater Los Angeles County Vector Control Board filling the unexpired term of Mrs. Hamilton to October, 2010. PREPARED B Tommye Cribbins, City Clerk. REVIEWED BY: ma David Doyle, sst. CAy Manager Agenda # 6 . 6 Meeting Date: Jan. 19, 2010 AGENDA REPORT Honorable Mayor and Members of the City Council TO: VIA: James DeStefano, City Mana TITLE: Accept Resignation of Audrey H milton as the City's Member of the Greater Los Angeles County Vector Control Board and Appoint Mayor Pro Tem Steve Tye to fill unexpired term. RECOMMENDATION: Accept and Appoint. FINANCIAL SUMMARY: No Financial Impact. BACKGROUND: In October of 2008, the City Council appointed Audrey Hamilton to a two-year term on the Greater Los Angeles County Vector Control Board which will expire in October, 2010. On December 27, 2009, Mayor Herrera received an email from Mrs. Hamilton resigning her appointment. The Mayor has the discretion to fill the unexpired term with a member of the community or appoint a member of the Council. Mayor Herrera has indicated that it is her intention to appoint Mayor Pro Tem Steve Tye to the Greater Los Angeles County Vector Control Board filling the unexpired term of Mrs. Hamilton to October, 2010. PREPARED B Tommye Cribbins, City Clerk. REVIEWED BY: David Doyle, sst. y Manager CITY COUNCIL Agenda # _ti_ Z Meeting Date: January 19. 2010 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana &e —�p TITLE: APPROPRIATE $117,500 FROM HE TRAFFIC IMPROVEMENT FUND AND APPROVE CONTRACT WITH FEHR & PEERS IN THE AMOUNT OF $117,500 FOR TRAFFIC AND TRANSPORTATION PLANNING SERVICES RECOMMENDATION: Appropriate funds and approve contract. FINANCIAL IMPACT: The Traffic Improvement Fund for Fiscal Year 2009/2010 includes a balance of $123,491. BACKGROUND/DISCUSSION: Fehr & Peers was previously retained to provide technical support in evaluating two regionally significant interchange projects (Lemon Avenue/SR-60 and the Grand Avenue Interchange Improvements) along with the development of conceptual alternatives for the ultimate SR -57/60 solution. The services included assisting the City in addressing regional traffic concerns and technical issues regarding the aforementioned projects. Fehr & Peers has enabled staff to comprehensively review and evaluate the technical documents related to these projects. In anticipation of the stadium development expected in the City of Industry, staff seeks the expertise of Fehr & Peers to provide technical and practical guidance on how to manage traffic flows and protect our neighborhoods. Fehr & Peers has gained a strong background and familiarity with traffic and transportation issues in Diamond Bar through their consultant services with the City. Specifically, Fehr & Peers has demonstrated experience and unique knowledge of special event traffic management scenarios in California and in similar surroundings throughout the country. In addition, the firm has provided parking and traffic management plans that have been successfully implemented in a number of stadium type venues. The attached scope of work includes technical support and preparation of a report that provides a management plan for traffic, parking, and neighborhood protection related to stadium events. The work scope will also address potential traffic routing plans and related infrastructure improvements along arterial roadways and at intersections. The scope will be comprehensive by considering routing of traffic into surrounding jurisdictions, business impacts, and coordination required with local law enforcement. Work is anticipated to begin upon Council approval of the contract and is expected to conclude by Summer 2010. PREPARED BY: Rick Yee, Senior Civil Engineer Date Prepared: January 12, 2010 REVIEWED BY: David G. Liu, Director of Public Works Attachment: Consultant Services Agreement 2 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and Fehr & Peers , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. 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: 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 "A" the Consultant's Proposal, dated January 12, 2010. 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 "A." 2. Term of Agreement. This Contract shall take effect , and remain in effect unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the standard of care and in compliance with the schedule set forth in Exhibit "A". 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. Com: James DeStefano, City Manager Consultant: Steven Brown, PE City of Diamond Bar Fehr & Peers 21825 Copley Drive 15707 Rockfield Blvd, Ste 155 Diamond Bar, CA 91765-4178 Irvine, CA 92618 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 to the extent arising out of the negligent or wrongful acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $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 the negligent errors, omissions, or 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. If consultant elects to terminate this agreement during the provision of services on a particular project, a minimum of forty five (45) days prior written notice must be provided to the City. 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: Tommye Cribbins, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: Scope of Work Transportation Planning Activities Related to NFL Stadium 1/12/10 BACKGROUND Exhibit A The following scope of work provides the City with a means to be pro -active in anticipating the traffic -related issues associated with the NFL stadium and to be sure the City's interests are protected and enhanced through the process. This work would begin in January of 2010 and conclude in the spring/summer of 2010. The project team is comprised of Fehr & Peers and Sasaki Transportation Services, Inc. ("STS"). These two firms have unique knowledge of special -event traffic management, combined with intimate local knowledge of traffic conditions in Diamond Bar. These two firms previously reviewed the environmental documents associated with the Stadium and prepared comments on behalf of the City. Fehr & Peers is the largest transportation planning/traffic engineering firm in California, including 4 offices in Southern California. The firm has prepared parking and/or traffic management plans for the following teams: • Phoenix Cardinals (new stadium) • Los Angeles Dodgers • Sacramento Kings (existing and proposed arenas) • Golden State Warriors (proposed arena) • USC basketball STS has been representing Diamond Bar's traffic related interests for many years, and particularily for the proposed NFL Stadium site area. SCOPE OF WORK Task 1 — Traffic Management ($77,775) Objective Determine the preferred routing for traffic going to/from the Stadium and the best means to control this traffic. Options for traffic control include: variable message signs, signal timing changes, lane changes, traffic officers, etc. This element will also include consideration of alternative mode potential (such as bus staging areas). Activities A. Review the traffic management strategies suggested in the Stadium TPMP (from EIR) and summarize the relevant features. As part of this effort, the team would contact staff at Industry to see if their ideas on traffic management have changed from the time the EIR was published. We will also inventory relevant road improvements identified as conditions -of - approval for projects in Diamond Bar & Industry. B. Identify recent strategies used at other stadiums in the U.S., with a focus on innovative measures. that may be applicable in this case. This effort would involve the combination of the firm's knowledge, a literature search, and calls to a handful of agencies who have recently constructed stadiums or arenas. To the extent possible, these other facilities will represent similar settings (suburban and near a freeway). C. Create a general policy context of how traffic would be managed (modes, directions, technology, etc.). This task will rely heavily on direction from the City's management staff on questions such as the degree to which Stadium -related patrons should be encouraged to stop/park in Diamond Bar as a matter of economic development. Staff from the City of Industry would be invited to participate and offer their perspective on this activity. D. In addition to minimizing the impacts on Diamond Bar residents, an important factor in defining the optimum traffic management strategy is to consider how to best support local business interests. This includes minimizing negative impacts from patrons not being able to reach retail venues and opportunities to increase exposure for retail businesses in Diamond Bar. E. Develop a routing plan for game day traffic, including locations requiring special treatment (reverse flow, manual control, signage, etc.). The product of this task will be a series of diagrams indicating the nature and location of all traffic management strategies and physical improvements (lane adds). Variations necessary to address alternative conditions (i.e., weekday conditions, construction activities, etc.) will also be addressed. The routing plans and control methods will cover more than Diamond Bar, but will be more detailed within Diamond Bar. F. Identify the technology and staffing needs for the City to enhance the effectiveness of the City's existing Traffic Management Center in dealing with stadium events. This would include re -timing signals, signal technology upgrades, methods/hardware for real-time message boards, and data collection before/after events. These recommendations will be at a "planning" level and will not include engineering drawings or implementation details. G. Develop preliminary cost estimates for the physical improvements identified in Task E and operational items in Task F. These estimates will be based upon engineering judgment from similar projects and not from detailed quantities. H. After developing a draft plan, solicit input and informal blessing from Industry, Caltrans, and other relevant parties (Metrolink, Foothill Transit, etc.). I. Attend up to 5 meetings during the course of this task (budget allocated). J. Produce a draft and final document that summaries the results of Task 1, including the routing plan and TMC/staffing plan. Responsibilities STS will: conduct the bulk of the first two activities (summarize EIR and conduct national research), review/comment on routing plan, review/comment on other tasks as needed, and participate in the team meetings. Fehr & Peers would be responsible for the balance of Task 1. Task 2 - Parking Management & Neighborhood Protection ($39,725) Objective Identify means to protect neighborhoods and businesses from unreasonable intrusion of stadium -related traffic and parking. Also consider ways to maximize retail sales opportunities in Diamond Bar from stadium patrons. The team will coordinate with the City's police department during this task. Activities A. Identify policies and procedures (e.g.: pre -paid parking) to minimize neighborhood intrusion. These policies have been effective in other venues in removing the incentive to park in neighborhoods. B. Review the proposed on-site parking supply relative to the expected demand and identify any deficiency in the sheer quantity of on-site parking. This exercise was initially conducted in reviewing the EIR, but the issue will be re -visited in the context of Task 1 (particularly the alternative mode element). C. Identify acceptable/profitable locations in DB for Stadium -related parking. These locations may be opportunities for direct revenue, opportunities to support local retailers, and/or ways to protect neighborhoods. D. Determine those Diamond Bar neighborhoods at greatest risk of traffic and/or parking intrusion. Identify prototypical treatments to deal with potential event intrusion (temporary gates, parking prohibitions, security, etc.). E. Attend up to 5 meetings associated with this task. F. Product a draft and final report (5-10 pages and corresponding graphics) that summarize the results of Task 2. Responsibilities Steve Sasaki will lead the 3`d activity above (locations for parking within DB) and participate in the strategy and meetings for the other tasks. Fehr & Peers will accomplish the balance of activities in this task. Grand Total (Task 1 and 2) $117,500 ACTIVITIES NOT COVERED The above work scope will provide the framework for the City to move forward in minimizing impacts and maximizing opportunities associated with the stadium. However, the following additional activities are likely to be needed in the future and aren't covered in this proposal: - community outreach (particularly around neighborhood protection and congestion) - infrastructure design to implement improvements identified in this proposal - detailed cost estimates for the proposed measures, and responsibilities for costs, based on the settlement agreement - participation in the multi -agency traffic task force identified in the conditions -of - approval (6 months prior to stadium opening) CITY COUNCIL Agenda # 6.8 Meeting Date: January 19, 2009 AGENDA REPORT TO: Honorable Mayor and Member f e City Council VIA: James DeStefano, City Mana e TITLE: APPROVAL OF A LICENSE AG EMENT WITH NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE CORPORATION, (AT&T) TO CONSTRUCT A WIRELESS COMMUNICATIONS SITE AT SUMMITRIDGE PARK RECOMMENDATION: Approve. FISCAL IMPACT: The City will receive a monthly payment of $2,000, with total annual revenue reaching $24,000. BACKGROUND / DISCUSSION: Last year, AT&T approached the City with a request to develop a wireless communications site at Summitridge Park, the location of two existing "monotree" antennas developed by other carriers. These existing towers were designed with co -location in mind to maximize coverage while limiting the footprint on park space. The attached license agreement will provide AT&T with approximately 240 square feet of leased space needed to co -locate on existing equipment installed by T -Mobile. This co -location arrangement ensures no further wireless towers are necessary at the park and provides for further wireless telephone and data coverage for AT&T customers in Diamond Bar. AT&T has completed all initial PIanning Department review, and will complete required inspections as construction commences. The license agreement has been reviewed and approved by the City Attorney. Prepared by Pv-,, WF— - RycLean Ass ant to the City Manager WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is entered into this day of 2009, by and between the CITY OF DIAMOND BAR, a California municipal corporation ("Licensor" or "City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Alpharetta, Georgia 30004, (Licensee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Premises. a. Licensor owns the real property located in the City of Diamond Bar, County of Los Angeles, which is more particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to Licensee an exclusive right to use approximately 240 square feet of the Land, including applicable non- exclusive easements for site access and utilities as described and/or shown in Exhibit A-2 attached hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate the Licensee's Facilities (as defined in Section 6(a) below). b. Licensee acknowledge that Licensor will deliver the Premises in "as is" condition, without warranty, express or implied, as to its condition or usability, except as otherwise expressly set forth in this Agreement. C. While Licensee's use of the Premises is exclusive, Licensee's use of the Land is non-exclusive as more particularly set forth in Section 12(c) below. 2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed activity in connection with the provisions of mobile/wireless communications services, including the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communication facilities. Licensor agrees to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's intended use of the Premises. 3. Conditions Precedent. This Agreement is conditioned upon Licensee receiving a license from the Federal Communications Commission ("FCC") and obtaining all governmental permits and approvals, including that of Licensor (collectively, the "Governmental Approvals"), enabling Licensee to construct and operate the Licensee's Facilities where the Premises are located. If Licensee do not receive all of the Governmental Approvals, or the Agreement is terminated in accordance with Section 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay Licensor One Thousand and 00/100 Dollars ($1,000.00) for reimbursement of costs of document preparation and administration time associated with this Agreement. 4. Term. The term of this Agreement ("Term") shall be five (5) years commencing on the first day of the month in which the Licensee commence construction of the Licensee's Facilities on the Premises, or eighteen (18) months after the parties have executed this Agreement, whichever is earlier ("Commencement Date"). Licensee shall have the right to extend the Term of this Agreement for five (5) additional terms ("Renewal Tenn") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive five (5) year Renewal Term unless Licensee notify Licensor in writing of their intention not to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5) year Term or any Renewal Term. The Term and all Renewal Terms shall collectively be referred to hereafter as the "License Term." 5. License Fee. a. Within fifteen (15) business days after the Commencement Date and on the first day of each month thereafter, each Licensee shall pay Licensor, as a fee for the use and occupancy of the Premises, the sum of Two Thousand and 00/100 Dollars ($2,000.00) ("License Fee") per month. The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensor's payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if any, of this Agreement, or if this Agreement is terminated before the expiration of any month for which the Licensee Fee should have been paid. b. Limited CPI Adjustment - The parties agree that the Annual Rent shall be adjusted annually throughout the term of the Lease on each anniversary of the Commencement Date (or the first day of the month in which such anniversary occurs) beginning as of the first anniversary of the Commencement Date by the lesser of (1) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable government index. 6. Improvements. a. During the License Term, Licensee have the right at its sole cost and expense to construct, maintain and operate on the Premises radio communications facilities, including equipment shelter, cabinets, equipment racks, cables, conduits, radios, antennae, antenna support structures, and necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit A-2 attached hereto and incorporated herein by this reference. b. In connection therewith, Licensee have the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and specifications for such work by Licensee shall require prior written approval of Licensor before work may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved. Such approval shall not be unreasonably withheld, conditioned or delayed. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense by licensed and bondable contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and operations. Any work performed by Licensee outside the Premises shall be subject to reasonable inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee. All of Licensee's Facilities shall remain the property of Licensee and are not fixtures. Licensee shall remove all of the Licensee's Facilities from the Premises in accordance with the provisions of Section 6(c) below. Failure by Licensee to remove Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in Section 6(c) below. G. Within one hundred twenty (120) days following the expiration or earlier termination of this Agreement for any reason, Licensee shall remove, at their sole expense, all of the Licensee's Facilities both above ground and below ground to a depth of one (1) foot placed on the Premises and restore the Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). Should Licensee fail to remove the Licensee's Facilities after thirty (30) days notice to Licensee and to Licensee's financing entity, title to all Licensee's Facilities, Section 6(b) above notwithstanding, shall transfer to Licensor who shall at its option retain for itself all Licensee's Facilities not removed or shall remove and dispose of the Licensee's Facilities in a reasonable manner at the expense of Licensee. The address for Licensee's financing entity is: d. Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on or near the Premises. Any encroachment necessary for such utility service will be at a location acceptable to Licensor and the servicing utility. Licensor will cooperate with Licensee in their efforts to obtain utilities from any location provided by Licensor or the servicing utility, including signing any easement or other instrument reasonably required by the utility company; provided, however, that Licensor shall not incur any costs related to compliance with this provision. Licensee shall at no time acquire any property interest in any of the Land. e. Licensee shall fully and promptly pay for all utilities furnished to the Premises for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee in connection with their use, operation and maintenance of the Premises. f. Licensor. hereby reserves and Licensee hereby grants to Licensor the right at no expense to Licensor to attach to Licensee's Facilities and to its electrical utility source wireless internet antennae in connection with a municipal or municipally franchised wireless network. Licensor's equipment shall be installed at a location suitable for its intended purpose as determined by Licensee in its reasonable discretion and so as not to interfere with the operation of Licensee's Facilities. Licensor shall use reasonable best efforts to obtain its own electrical meter and service from the utility company. If licensor is unable to obtain its own service and needs to use the Licensee's utilities, then Licensor shall reimburse Licensee for such use. 7. Access. Licensee shall have the right but not the obligation at any time following the full execution of this Agreement and prior to the Commencement Date to enter the Premises for the purpose of making necessary engineering surveys, inspections, and tests where applicable, for the purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for mobile/wireless communications operations and for the purpose of construction of the Licensee's Facilities. During any pre -construction work and construction work, Licensee shall have insurance as set forth in Section 13, and will notify Licensor of any proposed construction work and will coordinate the scheduling of same with Licensor. If Licensee determines that the Premises are unsuitable for their contemplated use, then Licensee shall notify Licensor and this Agreement will terminate in accordance with Section 10 (a) (ii). Licensor at no time warrants or guarantees the suitability of the Premises for Licensee's intended use. Licensee shall have 24 -hours -a -day, 7 -days -a -week access to the Premises at all times during the License Term at no additional charge to Licensee. 8. Interference. a. Licensee shall operate Licensee's Facilities in a manner that will not cause signal interference to Licensor and other authorized users of the Premises that pre -date the installation of Licensee's Facilities. In the event such signal interference should occur, all costs to remedy the interference shall be borne by Licensee. Pre-existing communication system operations/operators operating in the same manner as on the Commencement Date shall not be deemed as interference to Licensee. All operations by Licensee shall be in compliance with all federal, state and local non- interference regulations including but not limited to, those of the FCC. b. Licensee shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit or suffer the use of the Premises or the installation of any future equipment which results in technical interference problems with the communications operations of Licensee as described in Section 2 above, with the exception of emergency interference. Licensor agrees to take all reasonable steps necessary to eliminate such interference with the understanding that any interference caused or related to emergency construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency situation. d. The parties acknowledge that any continuing non -emergency interference to the Licensee's Facilities will cause injury to Licensee, and therefore, Licensee shall have the right to bring action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor. 9. Taxes. This Agreement may create a taxable property interest in the Premises. Licensee shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's Facilities levied by any legal authority. 10. Termination. a. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: By either parry upon a default of any covenant, condition or term herein by the other party, which default is not cured within thirty (30) days of receipt of written notice of default. No default will be deemed to exist if Licensee have commenced to cure such default within such period and provided that such efforts are brought to completion with reasonable diligence; or ii. By Licensee prior to Commencement Date for any reason or for no reason, provided Licensee deliver written notice of early termination to Licensor no later than thirty (30) days prior to the Commencement Date and forfeits and/or pays to Licensor One Thousand and 00/100 Dollars ($1,000.00) for reimbursement of costs of document preparation and administrative time associated with this Agreement; or iii. By Licensee after Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than sixty (60) days prior to termination and pays to Licensor a termination fee equal to six (6) months Rent,; or iv. In the absence of any breach of this Agreement by Licensee, Licensor shall have the right after the initial Term and the first Renewal Term (ten (10) years total) to unilaterally to terminate this Agreement without liability with two (2) years' prior written notice of termination to Licensee if Licensor determines that the Premises are not appropriate for use by Licensee due to economic, environmental, technological reasons or upon a finding by Licensor's City Council that the Premises are needed to provide for the health, safety, or welfare of the residents and businesses in the City. b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv), Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor, provided such space is available and is suitable for communication system operations. Licensee shall have two years from the date of notice as provided in Section 10(a)(iv) to relocate Licensee's Facilities to the site made available by Licensor. All costs and expenses arising out of or associated with such relocation shall be borne by Licensee. Should Licensee fail to relocate their Facilities within the two year period, the Agreement shall terminate at the end of the two year period. 11. Destruction or Condemnation. a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the damage, destruction or condemnation by giving notice to Licensor no more than forty-five (45) days following the date of such damage, destruction or condemnation and all rights and obligations of the parties which do not survive the termination of this Agreement shall cease as of the date of the damage, destruction or condemnation. If Licensee chooses not to terminate this Agreement, the License Fee shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's reduction or abatement request. b. In any condemnation proceeding, each party shall be entitled to make a claim against the condemning authority for just compensation (which for Licensee shall include, but is not limited to, the value of Licensee's Facilities, moving expenses, pre -paid rent, reasonable attorneys' fees, and business dislocation expenses). 12. Assignment and Subletting. a. Licensor may assign or otherwise transfer its interest in this Agreement upon written notice to Licensee, subject to the assignee or transferee assuming all of Licensor's obligations herein. b. Licensee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Licensor. Any such assignee or transferee shall agree in writing to assume and perform all of the terms and conditions of this Agreement on Licensee's part to be performed from and after the effective date of such assignment or transfer. Licensor's consent will not be unreasonably withheld or delayed by Licensor; provided, however, Licensee may assign their interest to Licensee's parent company, any subsidiary or affiliate of the Licensee or of their parent companies or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of Licensee's stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Section 18 below. Notwithstanding anything to the contrary contained in this Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. C. Licensor reserves the right to lease portions of the Land to other interested communication system operators that may be in competition with Licensee for purposes of mobile/wireless communication services; provided, however, that such other leases must provide that the operation of the other communication facilities will not result in technical interference problems with the Licensee's Facilities. d. Licensee shall not sublease the Premises, or any portion thereof, to any other person or entity, including, but not limited to any other communication system operator. Any such purported sublease shall be void and of no effect. 13. Insurance. During the License Term, and thereafter until the removals required under Section 6(c) are complete, and prior to the Commencement Date if Licensee enter the Land under Section ?(a), Licensee shall maintain at their own expense the following a. Without limiting Licensee's indemnification obligations set forth in Section 14(a) below, Licensee shall provide and maintain at its own expense during the License Term, the following programs of insurance covering its operations hereunder. Such insurance shall be provided by companies with an A.M. Best rating of not less than A -,VII and certificates of insurance as proof of such programs shall be delivered to Licensor prior to any entry by Licensee onto the Land and/or the Premises. Proof of insurance evidencing coverage required in 1 and 2 below shall include Licensor, its officers, and employees as additional insured with respect to Licensee's operations under this Agreement. Such evidence shall specifically identify this Agreement. 1. Liability: Such insurance shall be primary to and non-contributory with any other insurance maintained by Licensor and shall include Licensor, its officers, and employees as additional insured, and shall include: (i) Commercial General Liability Insurance including Premises -Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence and Two Million ($2,000,000.00) in the aggregate. If the above insurance is written on a Claims Made Form, such insurance shall be endorsed to provide an extended reporting period of not less than five (5) years following termination of the policy. 2. Auto: Commercial Auto Liability Insurance including all owned, non -owned and hired vehicles with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per accident. 3. Workers' Compensation: A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability Insurance with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits, for bodily injury — each accident/ Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits for bodily injury by disease — each employee/ Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits for bodily injury by disease — policy limits covering Licensee's employees. Licensee may provide, if applicable, a Certificate of Consent to Self -insure, issued by the Director of Industrial Relations of the State of California. Should Licensee utilize the self- insurance provision set forth in this paragraph, and Licensee's Certification of Consent to Self -insure expires or is revoked, Licensee shall be required to provide a program of Workers Compensation Insurance upon said expiration or revocation. b. Licensee shall furnish Licensor with certificates of insurance issued as proof of insurance that said policies required by Subsection a. of this Section 13 are in force. C. Licensee shall comply with the aforementioned provisions of this Section, and any such operations shall be suspended during any period that Licensee fail to maintain said policies in full force and effect. d. Licensee shall have the right to self -insure with respect to any of the above insurance requirements. 14. Indemnification. a. To the fullest extent permitted by law, Licensee shall indemnify and hold harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel acceptable to Licensor), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees, agents or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees, agents or volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensee, but except to the extent caused by the negligence, willful misconduct or active negligence of Licensor or its directors, officers, employees, agents or volunteers. (ii) Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, to the extent caused by the violation of any governmental law or regulation by Licensee. b. Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers, employees, or volunteers, and each of them from and against any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees or volunteers, ,to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensor, but except to the extent caused by the sole negligence, willful misconduct or active negligence of Licensee or their directors, officers, employees, agents or volunteers. The foregoing indemnities will survive the expiration or earlier termination of this Agreement. 15. Safety and Environmental Protection. The Licensee shall operate and maintain the Premises so as to avoid injury or damage to any person or property. In carrying out its work, the Licensee shall at all times, exercise all necessary precautions for the safety and environmental protection of the Premises, and be in compliance with all federal, state and local statutory and regulatory requirements including State of California, Division of Industrial Relations (Cal/OSHA) regulations, Cal/EPA, US/EPA and the U.S. Department of Transportation including the Omnibus Transportation Employee Testing Act (as applicable). The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as reasonably necessary for the operation of Licensee's activities as contemplated under this Agreement. The term "hazardous material" means any hazardous substance, material or waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical Lists of lists or petroleum products and their derivatives. However, this shall not apply to the use of petroleum products and related substances incidental to operation of motorized equipment and vehicles whose operation on the Premises is contemplated by this Agreement. The Licensee shall immediately notify the Licensor in writing upon becoming aware of any release of hazardous material, violation of any environmental law or actions brought by third parties against the Licensee alleging environmental damage. a. Licensee shall identify by a sign in letters no greater than '/2 inch in height permanently affixed to Licensee's Facilities the responsible parry to notify in case of emergency or maintenance, but no other signs are permitted on the Premises or Licensee's Facilities unless such signs are required by any federal, state or local law. b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without having researched the matter) a third party has used, generated, stored, treated or disposed of hazardous materials, as defined above, on the Land. 16. Notices. Any notice, demand or payment required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Licensor: City of Diamond Bar Licensee: 21825 Copley Drive New Cingular Wireless PCS, LLC Diamond Bar, CA 91765 Attn: Network Real Estate Administration Atlas: City Manager Re: Cell Site #:LA8058-07; Cell Site Name:Summit Ridge (CA) Fixed Asset No: 10101585 12555 Cingular Way, Suite 1300 Alpharetta., GA 30004 With a copy to: With a required copy of the notice sent to the addresses above to AT&T Legal at: If sent via certified or registered mail: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site #: LA8058-07; Cell Site Name:Summit Ridge (CA) Fixed Asset No.: 10101585 PO Box 97061 Redmond, WA 98073-9761 Or If sent via nationally recognized overnight courier: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site #: LA8058-07; Cell Site Name:Summit Ridge (CA) Fixed Asset No.: 10101585 16331 NE 72nd Way Redmond, WA 98052-7827 17. Attorney's Fees. a. In the event legal action by either party is brought to enforce any term hereof or in the recovery of damages for any breach hereof, or to determine any rights of the parties under this Agreement, the prevailing party in such actions may recover reasonable attorney's fees to be fixed by the court. b. When any provision of this Agreement entitles either party to receive costs or expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred, notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of this Agreement provides that Licensee will hold Licensor harmless from claims, Licensee shall pay all of Licensor's reasonable attorney's fees incurred in investigating and defending such claims. 18. Waiver of Licensor's Lien. a. Licensor waives any lien rights it may have concerning the Licensee's Facilities which are deemed Licensee's personal property and not fixtures, and Licensee has the right to remove the same at any time without Licensor's consent. Licensee shall promptly repair any and all damage to the Premises and the Land caused by the removal to the satisfaction of Licensor. 19. Miscellaneous. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth in this Agreement. Any amendments to this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. G. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. d. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. f. The Licensee shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Premises. The Licensee shall be liable for all Licensee's violations of the law incurred in connection with this Agreement. g. All Exhibits attached hereto are material parts of this Agreement. 10 h. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. i. Upon request, either party may require that a Memorandum of License be recorded in the form of Exhibit B. Upon the expiration or earlier termination of this Agreement, Licensee shall record a Memorandum of Termination in the official records of the County of Los Angeles Recorder's office. *** SIGNATURES ON FOLLOWING PAGE*** IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written. LICENSOR CITY OF DIAMOND BAR, a California municipal corporation ;'J'ztle: Date: James DeStefano City Manager Tax ID# : M LICENSEE New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Prini Its: Date CALIFORNIA r f .kti .Wit.^-•_�vv Cvvii<%,G�sSv.1{.�vcv'f•.v,.G=aC�vG G.: G.'tc!'v..:�: �•aC "moi!saw!2eG�v^yya_S,r�..av^aG�s��..�'� State of California County of l- f/gC1'U/I U On k�' It 2 X before me, Date n( 1 Here Insert Name and Title of the O$icer personally appeared Name(s) of Signer(e) l sIDGETTE RI.. FtEA$Atd Commistlon s 1795299 Notary Fub110 - Catifor IC Lot Arq"s County AA►IOWiftti00Ap►i4,2012 who proved to me on the basis of satisfactory evidence to be the person(,sj whose name is/afe subscribed to the- within hewithin instrument and acknowledged to me that he/sl@/•they executed the same in hislhef/tfreir authorized capacityW, and that by histherAhelf signature* on the instrument the person(sl, or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Signature of NotAry Public OPTION�4L Though the information below is not required bylaw, itmay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title�a pe of Document: Document Date. Signer(s) Other Than Nam Above: _ Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER. Top of thumb here L Number of Pages: Signet's ❑ Co ate Officer—Title(s): ❑ Partner -Limited ElGeneral ❑ Atforney in Fa ❑ Trustee ❑ Guardian or Conservato ❑ Other: Signer Is Representing: ®2007 National Notary Association- 0350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 mm.Natlonafttaryorg Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Dale Here loser[ Name and Title of the Officer personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent frauduleni.removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUtJIi3PRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact Top of thumb here [I Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association •9350 De Soto Ave., P.O. Box 2402 -Chatsworth. CA 91313-2402• www_HationalNotary-org ttern45907 Reorder.Call Toll-Freet-800-8766827 EXHIBIT A-1 DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Adjusted Parcel B In the City of Diamond Pear, County of Los Angeles, State of California, being a portion of Adjusted Parcel 2 and a portion of Adjusted Parcel 3 of Lot Line Adjustment No. 02-001, recorded October 23, 2003, as Instrument No. 03-3180260 and March 9, 2004, as Instrument No. 04- 0566670, Doth of Official Records, of said County and said State described Beginning at the most Southwesterly corner of said Adjusted Parcel 2, also being in the Northerly right-of-way of Grand Avenue; thence South 760 57` 27" East, a distance of 306.53 feet to a tangent curve concave Northwesterly having a radius of 13.00 feet; thence Northeasterly, a distance of 20.42 feet along said curve through a central angle of 901, 00' 00"; thence tangent from said curve North 130 02' 33" East, a distance of 66.52 feet to a tangent curve concave Westerly having a radius of 465.00 feet; thence Northerly, a distance of 91.99 feet alone said curve through a central angle of 111, 20' 03"; thence tangent from said curve North 010 42' 30" East, a distance of 118.11 feet to a tangent curve concave Easterly having a radius of 528.00 feet; thence Northerly, a distance of 332.12 along said curve through a central angle of 360 02` 23" to the most Southerly Point of said Adjusted Parcel 3; thence continuing along said curve, a distance of 195.69 feet through a central angle of 211, 14' 07"; thence tangent from said curve North 580 59' 00" West, a distance of 176.43 feat to a tangent curve concave Westerly having a radius of 472.00 feet; thence Northerly, a distance of 351.12 feet along said curve through a central angle of 42° 37' 20"; thence tangent from said curve North 160 21' 40" East, a distance of 105.08 feet to a tangent curve concave Easterly having a radlus of 728.04 feet; thence Northerly, a distance of 4.9.95 feet through a central angle of 031, 55' 53"; thence non - tangent from said curve North 69' 42' 32" West, a distance of 4.00 feet; thence North 470 20F 32" West, a distance of 288.17 feet to the Westerly most corner of said Adjusted Parcel 3; thence South 770 00' 57" West, a distance of 38.92 feet; thence South 71° 52' 42" West, a distance of 66.51 feet; thence South 52" 49' 59" West, a distance of 41.11 feet; thence South 330 31' 11" East, a distance of 18.79 feet; thence South 580 12` 53" West, a distance of 79.91 feet; thence South 370 31' 39" West, a distance of 48.90 feet; thence South 091, 28' 28" West, a distance of 13.81 feet; thence South 491, 03' 44" West, a distance of 19.88 feet; thence South 661, 14 41' 43" '.,Vest, a distance of 24.75 feet; thence South 021, 17' 56" West, a distance of 24.67 feet; thence South 740 34' 34" West, a distance of 48.18 feet; thence `•3outh 67° 49' 25" West, a distance of 58.40 feet; thence South 011, 09' 11" East, a distance of 48.07 feet; thence Scrr.rth 200 53' 53" West, a distance of 38.44 feet; thence South 180 09' 01" West, a distance of 53.93 feet; thence North 720 03' 30" West, a distance of 99.38 feet; thence North 411, 09' 40" West, a distance of 80.72 feet; thence North 871, 07' 40' West, a distance of 1.54.39 feet; thence North 700 02' 32" West, a distance of 52.31 feet; thence South 570 15' 30" West, a distance of 25.91 feet; thence Sor-rth 200 39' 47' West, a distance of 18.27 feet; thence North 681, 07' 01' West, a distance of 86.71 feet; thence North 170 17' 41" East, a distance of .59.02 feet; thence North 380 38' 59" West, a distance of 20.60 feet; thence North 591, 09' 05" West, a distance of 37.15 feet; thence North 750 25' 56" West, a distance of 34.13 feet; thence South 860 38' 16' West, a distance of 39.10 feet; thence South 04' 33" 42" West, a distance of 22.12 feet; thence: South 471, 26' 38" West, a distance of 19.24 feet; thence South 781 32' 58" West, a distance of 28.47 feet; thence North 501, 34' 22"' West, a distance of 39.12 feet; thence North 72" 43' 51" West, a distance of 32.64 feet; thence South 860 38' 16" West, a distance of 49.43 feet; thence South 190 09' 09" °-Jest, a distance of 42.03 feet; thence South 260 41' 29" East, a distance of 325.87 feet; thence South 641, 30' 56" East, a distance of 147.67 feet; thence South 231, 50' 39" East, a distance of 68.67 feet; thence South 280 21' 05" East, a distance of 36.23 feet; thence South 1.31, 57' 31" West, a distance: of 56.83 feet; thence South 370 50' 2G" East, a distance of 115.92 feet; thence South 090 23' 07" West, a distance of 156.42 feet; thence South 181, 21' 02" East, a distance of 178.70 feet; thence South 141, 53' 14" West, a distance of 245.22 feet to the point of beginning. Excepting therefrom any portion of said land lying within Lot 4 of Tract No. 31479, in the City of Diamond Bar, Counter of Los Angeles, State of California, as per map filed in Book 998, mages 7 throLrgh 17 inclusive of Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and other hydrocarbons and minerals now or at any tirne hereafter situated therein and thereunder, together with the exclusive right to drill for, produce, extract, take and mine therefrom such oil, gas and ether hydrocarbons and mineral and to store the same upon the surface of said land, or below the surface of said land, together with the right to store upon the surface of said land, oil, gas and either hydrocarbons and minerals which may he produced other- lands, with the right of entry thereon for the said purposes, and with the right to construct, use, maintain, erect, repair, replace and remove thereon and therefrom, all pipe lines, telephone and telegraph lines, tanks, machinery, buildings and other structures WhiCh may be necessary and reClUisite to carr, on operations on said lands, with right to erect, maintain, aerate and remove a plant, with all necessar,1 apIDurtenants for the extraction of gasoline from gas, including all rights necessary; or convenient thereto, as except and reserved in the Gleed frorn Transamerica Development Company, a Corporation, recorded 1,.3arch 29, 1968, as Document No. 2456, in Book D-3955, Page 1.85, Official Records; and re-recorded June 19, 1969, as Document No. 1776, in Book D-44017, Paye 591, Official Records; and as modified with respect to a portion thereon by a (quitclaim Deet! recorded November 12, 1979, as Instrument No. 2112, Official Records, which relinquished all right to the use of the surface and subsurface to a depth of 500 feet from the surface of the land. All rights to the use of the surface and sub -surface to a depth of five hundred (500) feet from the surface for- any purpose incidental to the ownership of all oil, gas and other- hydrocarbon substances and minerals were quitclaimed by deed recorded December 24, 1981, as Instrument No. 81-1263075, Official Records, of said County. Assessor's Parcel Number. 8701-059-905 EXHIBIT A-2 DESCRIPTION OF PREMISES SEE ATTACHED SITE PLAN CONSISTING OF ONE PAGE Notes: 1. This exhibit may be replaced by architectural and engineering drawings of the Premises once they are received by Licensee and agreed to by both parties. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above. 17 I I �tjrllm OPIM 5Rha 2. r. IDU CWT4 ML SRV.- al J/ I .5 jr 0, I" AUT mo & .0op 'WE. MIL AL FRAW N W, FJOGE-T-MOBILE CO-LOCOON LAIOSBG ata jW X. P%w *Mx 0AU010 J4L Cl 11196 ATITLVWX 00 MM RAU [W ONMCAUM �tjrllm OPIM 5Rha F.'VW P" IDU .5 jr 0, I" AUT mo & .0op 'WE. MIL AL FRAW N W, FJOGE-T-MOBILE CO-LOCOON LAIOSBG ata jW X. P%w *Mx 0AU010 J4L Cl 11196 ATITLVWX 00 MM RAU [W ONMCAUM EXHIBIT B RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: New Cingular Wireless PCS, LLC 12900 Park Plaza Drive, P Floor Cerritos, CA 90703 Attn.: Christina Wager Re: Market: Los Angeles Cell Site Number: LA8058-07 Cell Site Name: Summit Ridge T -Mobile Co -lo FA Number: 10101585 Address: 1600 N. Grand, Diamond Bar County: Los Angeles MEMORANDUM OF LICENSE AGREEMENT THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of , 2009, by and between City of Diamond Bar ("Licensor"), and New Cingular Wireless FCS, LLC, a Delaware limited liability company ("Licensee"). RECITALS WHEREAS, Licensor and Licensee have entered into that certain Wireless Communications Site License Agreement ("Agreement") dated as of , 2009, for the purpose of operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement; and WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official Records of Los Angeles County, California; NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows: 1. Demise. The Land which is the subject of the Agreement is described in Exhibit A-1 attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as described in Exhibit A-2. 2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing on or upon the start of construction of Licensee's Facilities or eighteen (18) months after the full execution of the Agreement, whichever occurs first ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the date and year first written above. Dated: ,2009 Dated: ,2009 LICENSOR: CITY OF DIAMOND BAR, a California municipal corporation James DeStefano City Manager LICENSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Prir. Its: Dat 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2u-.L�-•�'ti'�C74�c..v!3<.�'�C!T<'\v!'�C:�'\�.va'�C,. C•�,`�v�'��v't��.v= k�C�. v:�C!'_nv.v!�C.rv!av']C�S..�i''ai. G"�i.�:1v'v,.."�C. v']C:'\S..�S..-]i"�' State of California Countyof ���Vr""t""r On _� 2 � 2�'09 before me, Date {(� j Here Insert Name and Title of the Officer personally appearedName(s) of Signer(s) I� E R- lk ANi Gofnffawon * 1795299 tdotaty Pubilc - comem+a Lot Angstos CAunty AAyGx+'ItttB1Aw! id. ik who proved to me on the basis of satisfactory evidence to be the personWwhose name(s) is/ate-subscribed to the within instrument and acknowledged to me that he/sheftW executed the same in his/herAheir authorized capacityasay, and that by his/he;their signatures on the instrument the personkej or the entity upon behalf of which the person(sr)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signafu re Si ature of Nota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent.removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTT14UMEPMNT OF SIGNER Top of thumb here 02007 National Notary Association -9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-www.Nadon2lNo1aryorg Item #5907 Reorder. Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Date Here Insert Name and Title of the Officer personally appeared Name(s) or Signerls) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMSPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: - - - - Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here LL_ 52007 National Notary Association- 9350 Ce Soto Ave_, RO, Sox 2402 -Chatsworth, CA 91313-2402• waw✓_NailonalNotaryorg Item #5907 Reorder. Call Toll -Free 1.800-676-6827 CITY COUNCIL Agenda # 9 Meeting Date: January 19, 2010 AGENDA REPORT TO: Honorable Mayor and Member o the City Council VIA: James DeStefano, City Mana TITLE: APPROVE PLANS AND PECIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL BATTERY BACK-UP SYSTEM PROJECT AT GOLDEN SPRINGS DRIVE AND DIAMOND BAR BOULEVARD, GOLDEN SPRINGS DRIVE AND BREA CANYON ROAD, GOLDEN SPRINGS DRIVE AND BALLENA DRIVE, DIAMOND BAR BOULEVARD AND PATHFINDER ROAD, AND DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL WAY IN THE AMOUNT OF $54,540.00 TO FREEWAY ELECTRIC, INC. AND AUTHORIZE A CONTINGENCY AMOUNT OF $5,500 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $60,040.00. RECOMMENDATION: Approve and award. FINANCIAL IMPACT: For Fiscal Year 2009-2010, the Capital Improvement Program (CIP) Budget included an appropriation of Proposition C Funds in the amount of $90,000 for Battery Backup System (BBS) design, construction and construction management services at Golden Springs Drive and Diamond Bar Boulevard, Golden Springs Drive and Brea Canyon Road, Golden Springs Drive and Ballena Drive, Diamond Bar Boulevard and Pathfinder Road, and Diamond Bar Boulevard and Mountain Laurel Way. These locations were selected because they are heavily traveled arterial intersections or locations that received significant school area traffic. Project Cost Breakdown: Construction Design/Const. Management Total $60,040.00 $22,000.00 $82,040.00 BACKGROUND/DISCUSSION: The installation of BBS will allow for emergency power to traffic signals at Golden Springs Drive and Diamond Bar Boulevard, Golden Springs Drive and Brea Canyon Road, Golden Springs Drive and Ballena Drive, Diamond Bar Boulevard and Pathfinder Road, and Diamond Bar Boulevard and Mountain Laurel Way. Current locations with BBS include the following intersections: 1. Grand Avenue and Diamond Bar Boulevard 2. Brea Canyon Road and Pathfinder Road 3. Brea Canyon Road and Diamond Bar Boulevard 4. Golden Spring Drive and Lemon Avenue 5. Golden Springs Drive and Grand Avenue 6. Golden Springs Drive and Lavender Drive 7. Grand Avenue and Lavender Drive. The project was advertised for bids during the month of December 2009. On December 18, 2009, the City received the following nine (9) bid proposals: Company Base Bid Amount 1. Freeway Electric, Inc. $54,540.00 2. Christopher Morales $56,715.00 3. Steiny and Company, Inc. $57,370.00 4. Pro Tech Engineering Corp. $58,750.00 5. California Professional Engineering, Inc. $58,888.00 6. Macadee Electrical $60,420.00 7. Republic ITS $62,600.97 8. VT Electric, Inc. $72,050.00 9. DBX, Inc. $82,325.00 The lowest responsible bid was received from Freeway Electric, Inc. in the amount of $54,540.00. Staff reviewed their bid, and verified their State Contractor's License. Staff received favorable reviews for Freeway Electric, Inc from City of Arcadia, City of Lawndale and City of Inglewood. The project is expected to be completed within thirty (30) working days. PREPARED BY: Christian Malpica, Associate Engineer REVIEW David G. LiK Director of Public Works Attachment: Contract Agreement 4 Date Prepared: January 13, 2010 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Freeway Electric, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Freeway Electric, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Traffic Signal Modification — BBS Proiect in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Modification at Various Locations in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated December 1, 2009 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated on December 18, 2009, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty (30) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: 2 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.e.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, 4 operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated December 18, 2009. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 684572 Freeway Electric, Inc. 5942 Acorn Street Riverside, CA 92504 By: Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: CAROL HERRERA, MAYOR Date ATTEST: By: CITY CLERK Date CONTRACTOR'S Business Phone 951710-1000 Emergency Phone at which CONTRACTOR can be reached at any time 951 722-5755 APPROVED AS TO FORM: CITY ATTORNEY Date CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6-10 Meeting Date: Januaa 19, 2010 AGENDA REPORT VIA: James DeStefano, City Man g TITLE: Approval of Resolution No. 2010-X Establishing an Approved Vendor List as Defined in Ordinance No. 05(2006) RECOMMENDATION: Approve. FINANCIAL IMPACT: None BACKGROUND/DISCUSSION: The City's Purchasing Ordinance (Ordinance No. 05(2006)) includes a provision for the establishment of an Approved Vendor's List. The provision reads as follows: "In January each year, City Staff will establish an "Approved Vendor List" and present it to the City Council for approval. This list will be comprised of vendors who have consistently provided excellent service to the City. This will be based on City standards for quality and price of services meaning that they have traditionally been the lowest bidder, they can deliver goods or services on time, or they consistently meet or exceed product/service specifications. Vendors on the Approved Vendor List shall be evaluated regularly by City staff for quality and price. Vendors not meeting City Standards may be removed by the City Manager or designee at any time. Once removed, a vendor may be reconsidered for placement on the Approved Vendor List the following January." City staff has composed a vendor list and is requesting approval of this list. Vendors on this list have historically met City standards for quality and price of services. If at any time a listed vendor falls below City expectations, the vendor may be removed from the list by City staff. Upon approval of Resolution 2009- XX this list will be valid from February 1, 2010 through January 31, 2011. Prior to that time a new resolution and list will be presented to the City Council for approval. PREPARED BY: Linda G. Magnuson REVIEWED BY: Finance i ctor Assistant City Manager Attachments: Resolution 10 -XX Exhibit A — Approved Vendor List - Valid from 02/01/10 through 01/31/11. RESOLUTION NO. 2010 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2010 UNTIL JANUARY 31, 2011 WHEREAS, the City Council has adopted Ordinance No. 05(2006) which became effective August 31, 2006; WHEREAS, the Ordinance defines vendor list procurement and requires the annual establishment of an Approved Vendor List; WHEREAS, staff has prepared and attached Exhibit A — Approved Vendor List in accordance with the Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES that the vendors eligible for Vendor List Procurement as defined by Ordinance No. 5(2006) are contained in the attached Exhibit A — Approved Vendor List and will be in effect from February 1, 2010 until January 31, 2011. PASSED, ADOPTED AND APPROVED THIS day of , 2010. Ron Everett, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council of the City of Diamond Bar held on the day of , 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Tommye Cribbins City Clerk of the City of Diamond Bar Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation 4imprint Recycling Promotional Ability to provide a wide variety of promotional items made Items from recycled materials. AAA Flag and Banner DBC Logo Flags Local vendor with DB Logo supplies Adapt Consulting Recycling Promotional Ability to provide promotional items made from recycled Items materials. Advanced Electronics Two-Way Radios Consistent low bidder. AGI Academy Contract Class Instructor - See Contract Class Instructor Explanation Computer Classes Albertson's Misc. Supplies Local vendor for program supplies Printer Supplies & Consistently bid below the competition and provide Americomp Maintenance superior quality for printer maintenance & toner supplies city wide Ameritech Copier Supplies & Maint Lowest bidder and provides timely quality service. And One Officials Sport Official Svcs Originally selected through and RFP process and provide quality service for a fair price. Arrowwoods Interior wood DBC High quality repairs and installation of mill work Audio Visual Innovations AN System service Original installer of DBC AV system. Audio Visual Services for Vendor is sole source for SCALA software used for DBTV A-VIDD DB TV and is familiar with City's equipment setup. Balloons by Alice Bday & July 4th Balloons Provides best price, & supply for 4th of July, B-Day, Bashful Butler Senior Event Caterer Lowest bidder for more elegant events. Low bidder for service contract. Quality work, fast Bear State Air Conditioning HVAC Svc. DBC response Best Lighting Lighting Supplies Familiar with City equipment, fast emergency response BC Continental Senior Event Caterer Lowest bidder for ethnic themed events. Bill Giebe Contract Class Instructor - •« See Contract Class Instructor Explanation Consistent low bidders, quick response and high quality Brundige Glass Glass Repairs work BSN - dba Sport Supply Group Sporting Goods Lowest price from bids and meets all requirements Calsense Landscape controls Proprietary equip Local company that has continued to provide quality, cost Carolwood Productions Video Productions effective services. Carrot Top Industries Park Flags Lowest price from bids and meets all requirements Catalina Ballast & Bulb Lighting Supplies Lowest bidder, ability to locate hard to find parts Center Ice Arena Contract Class Instructor - See Contract Class Instructor Explanation Ice Skating Page 1 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation CDW Government, Inc. (CDW- Electronic Components Meets product requirements, provides low prices and fast G) and Equipment delivery Charter Oak Gymnastics Contract Class Instructor - Gymnastics ** See Contract Class Instructor Explanation Cheryl Skidmore Contract Class Instructor - ** See Contract Class Instructor Explanation Horsemanship Shilo Chou Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Fitness Christine Angeli Contract Class Instructor - ** See Contract Class Instructor Explanation Adult Crafts CM School Supply Tiny Tots & Day Camp Local vendor with specialty supplies needed for programs Supplies Comlock Keys/Lock supplies Proprietary lock system for the DBC Vendor able to provide specialized lighting supplies at Commercial Lighting Lighting Supplies good prices and in a timely manner. Connie Lillie Contract Class Instructor - ** See Contract Class Instructor Explanation Jazzercise Manufacturer & vendor with specialty repair materials for Crafco Inc Asphalt Materials pavement asphalt. Creator's Touch Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Art Classes David Fernandez Contract Class Instructor - ** See Contract Class Instructor Explanation Adult Dance Able to provide same day service at low cost. Often as Day & Nite Copy Center, Inc. CopyingtPrinting low bidder. Meets requirement and provides good service including DB International Deli Meeting Supplies delivery Deane Homes Swim Club Rental Facility - Contract Facility Use Agreement signed yearly. Classes Debbie Avila Contract Class Instructor - ** See Contract Class Instructor Explanation Youth & Teen Cheer Proprietary Method Carpet Local vendor that uses manufacturer's process to clean DFS Flooring cleaning for DBC Carpet Dupont carpets at DBC Diamond Bar Hand Car Wash City Fleet Car Wash Local vendor with quality service Diamond Bar Mobil Vehicle maint Low bids, quality work, quick response Diversified Paratransit Shuttle Service Only Vendor able to provide handicapped shuttles. Print Svcs - Secured through a RFP process and found to be the Diversified Printers Newsletter/Rec Guide lowest bidder. Page 2 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation Diversified Window Coverings Maint of Mechanical Sole Source Vendor - this vendor required by Shades @ DBC manufacturer. Dog Dealers, Inc. Contract Class Instructor - ** See Contract Class Instructor Explanation Dog Obedience Doggie Walk Bags Dog Bags for Park Responsive vendor for product to fill dispensers in parks Dispensers Dolphin Rents Bday Equipment Lowest price for B -day party, & snowfest. Dora Lonyai Contract Class Instructor - ** See Contract Class Instructor Explanation Make-Up/Skin Care Doty Bros. Emergency main line Low bidder for quality work and fast response repair under asphalt Temporary and Dunn's Fence Co. Permanent Fence Lowest bidding prices Supplier Education To Go Contract Class Instructor - ** See Contract Class Instructor Explanation On -Line Classes Element 7 Recycling Promotional Ability to provide promotional items made from recycled Items materials. Esperanza Flores Dance Contract Class ** See Contract Class Instructor Explanation Evergreen Interiors Interior Plant Maint-City Lowest Bid & Meets Requirements Hall & Library Often a low bidder providing quality, timely merchandise. Executive Promotional Products Promo Items Has artwork on file for a variety of items. Lowest bidder at time banners were purchased -- now Exterior Products City's Event Banners stores, cleans, up -dates and posts banners as directed Rodent/Insect Control at Low bidder for service contract. Quality work, fast Exterminetics of So. Cal DBC response Consistently bid below the competition and provide Food From the Heart Caterer superior quality Only local vendor able to deliver sandbags and sand to Foothill Building Materials Sand & Sandbags fire stations. Francis Sabado Contract Class Instructor - ** See Contract Class Instructor Explanation Music/Voice Responsive vendor with specialty supplies needed for Frank Stein Novelty Co. Specialty Supplies programs Gabriela Klein Contract Class Instructor - ** See Contract Class Instructor Explanation Adult Fitness Gasser/Olds Company Bronze plaques/signs Provides consistent, quality services at a reasonable cost. Page 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation Glass Eye Productions Video Productions Provides consistent, quality services at a reasonable cost. Glenn's Refrigeration Refrigeration/Freezer Quality, responsive repair service Repair Grand Mobil Vehicle maint Low bidder, quality work, quick response Graybar Electrical Supplies Local vendor with specialty repair materials H2O Pressure Washing Pressure washing Lowest bidder, quick response for small jobs Hirsch Pipe and Supply Plumbing supplies Local vendor with specialty repair materials Home Depot Misc. Supplies Local vendor for repair materials and program supplies Hot Shots Youth Uniforms Traditionally lowest Price from bids. Hydro -Connections Irrigation Supplies Local vendor with specialty repair materials IMS Refrigeration Ice Machine repairs High quality repairs at competitive prices Jeffrey Binner Contract Class Instructor - ** See Contract Class Instructor Explanation Golf Instruction Jerry Short Contract Class Instructor - ** See Contract Class Instructor Explanation Karate John Bishop Contract Class Instructor - ** See Contract Class Instructor Explanation Martial Arts Classes Contract Class Instructor - Kathryn Rusick Keys - Youth Performing ** See Contract Class Instructor Explanation Arts Kathy Breaux Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Art Classes Recycling Promotional Ability to provide promotional items made from recycled Keep America Beautiful Inc Items materials. Keith Johnson Entertainment D.J. Services Price is equal to others, service is superior to others. Ken's Ace Hardware Misc. Supplies Local vendor for repair materials and program supplies Ki Chairs Chairs for DBC/Parks Quality chairs, good service and low prices Kiddie Techie Contract Class Provider - ** See Contract Class Instructor Explanation Youth Enrichment Kidz Love Soccer Contract Class Instructor - ** See Contract Class Instructor Explanation Soccer Kirk Steinke Electric Electrician Consistent low bidder and excellent work Kustom Imprints Coaches shirts -Adult B- Traditionally lowest Price from bids. ball Shirts Page 4 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation L.A. Data Security Offsite Data Storage Svcs Provides consistent, quality services at a reasonable cost. Land's End Staff shirts, apparel Variety of quality products -- vendor has city artwork Le -Hong Wang Contract Class Instructor - Adult Dance ** See Contract Class Instructor Explanation Letter Perfect Signs Park Signs Provides consistent, quality services at a reasonable cost. Lewis Engraving g g Engraving Svcs - Name Badges, Tiles & Plaques Consistent) y provides good service in a timely manner. Liberty World Class Flags Park Flags Lowest price from bids and meets all requirements Lighting Resources, LLC Waste Recycling Vendor Only local vendor that doesn't have a pick up charge. Live Sound Concepts Concert/July 4th -Audio Lowest price for concerts, snowfest & b -day party for 3 Equipment years. Lowe's Home Imprvmt Center Misc. Supplies Local vendor for repair materials and program supplies Mad Science Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Science Magic and Variety July 4th - Entertainment Only vendor in area that has Uncle Sam & balloonist available on 4th of July. MCO -The Microfilm Co Specialized Microfiche Provides timely specialized service. Maint MDS Battery & Light Bulb Lowest collection prices. Recycling Merchants Building Maint. Window washers Consistently low bids Minutman Press (R & D Copying/Printing Able to provide same day service at low cost. Often as Blueprint) low bidder. Light Weight and Durable Low bidder for tables and chairs at DBC, Pantera and Mity-Lite Furniture Tables/Chairs Heritage; excellent service and warranty program; products match existing inventory Moonlight Printers Printing Svcs Provides timely service. Mt. Calvary Lutheran Church Rental Facility - Contract Facility Use Agreement signed annually. Classes & Sports NET Easter Eggs Easter Eggs Lowest price and only vendor that meets our requirements. Jacqueline Ng Contract Class Instructor - «* See Contract Class Instructor Explanation Adult Yoga Oak Tree Lanes Contract Class Instructor - ** See Contract Class Instructor Explanation Bowling Ontario Ice Center Contract Class Instructor - ** See Contract Class Instructor Explanation Ice Skating Page 5 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation Oriental Trading Co. Specialty Supplies for recreation programs & Responsive vendor with specialty supplies needed for events programs Reinberger Printwerks, Inc. Gopher/ground squirrel Vendor has many templates already on file. Orkin Pest Control, Inc. eradication - Parks & LLA Responsive vendor for on-going rodent control service Districts Consistently low bidder. Also provides maintenance Partition Specialties PSI Wall Partitions DBC Original Installers familiar with proprietary systems Patrick Montoya Contract Class Instructor - Music ** See Contract Class Instructor Explanation Periwinkle Productions City Birthday Party animals Only vendor to meet requirements. Royal Roofing DBC Roof Vendor continues to provide high quality photos at Peter Rogers Photography Photography Services reasonable cost. Originally selected through RFP Safeway Signs Co. Traffic Signs process. Pomona Unified School Distr. Rental Facility - Contract Classes & Sports Facility Use Agreement signed August 1997 Protection One Fire & Burglary alarm Company took over monitoring of alarm systems @ DBC SASE Company Inc service/maint. and Heritage Park. PYRO Spectaculars July 4th - Fireworks Only vendor to respond for the last five years. Pyro-Comm Systems Fire alarm service/maint. Proprietary fire systems for DBC and Heritage Park Raquel Hernandez Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Math Recy-cal Recycling containers for Consistently low prices. schools Red Dragon Karate Contract Class Instructor - ** See Contract Class Instructor Explanation Martial Arts Printing - Envelopes, Consistently provides good service in a timely manner. Reinberger Printwerks, Inc. Letterhead, Stationery, Vendor has many templates already on file. Certificate Covers etc Consistently low bidder. Also provides maintenance Related Visual, Inc. Audio/Visual support for equipment. Roto Rooter Emergency Plumbing Responsive to emergencies, competitive prices Inspection & Repair of Provides quality work for a reasonable cost and responds Royal Roofing DBC Roof in a timely manner. Manufacturer of City street name signs, ability to provide Safeway Signs Co. Traffic Signs matching signs. Kathy Salata Contract Class Instructor - ** See Contract Class Instructor Explanation Adult Enrichment SASE Company Inc Sidewalk Grinders & Parts Sole manufacturer which meets all equipment requirements. Page 6 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation SC Signs Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner. School Specialty, Inc. Tiny Tots & Day Camp Responsive vendor with specialty supplies needed for Supplies programs Shamrock Shows Large Carnival Rides Only vendor that responds to RFPs, that can meet requirements. Shannon Griffiths Contract Class Instructor - ** See Contract Class Instructor Explanation Belly Dance Sheri Liebe Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Dance Sign Contractor, Inc. Armed Forces Banners Lowest Bidder -- now has artwork for future orders. Simpson Advertising, Inc. Graphic Design Continues to provide graphic design support. Selected through RFP process. Skyhawks Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Basketball Smart & Final Food, Rest. Supp. Good prices, specialized products for City events. So Cal Sanitation Portable Restrooms & Consistent Low Bidder hand washing sinks Sparkletts Water Water Supplies & Equipment Rental Consistently provides good service. Sport Pins International, Inc. Pins Consistently low bidder. Stitches Uniforms Staff Uniforms Lowest price for Birthday shirts 3 years in a row. Stubbies Promotions Promo Items Often a low bidder providing quality, timely merchandise. Has artwork on file for a variety of items. Subway Meeting Supplies Consistently provides good service in a timely manner. Surendra Mehta Contract Class Instructor - ** See Contract Class Instructor Explanation Yoga/Wellness Tennis Anyone Contract Class Instructor - ** See Contract Class Instructor Explanation Tennis The Sauce Banners, Shirts, Bags, Low bidder, provides timely quality service. Printing The Whole Enchilada Meeting Supplies Consistently provides good service in a timely manner including delivery. Tina Chang Contract Class Instructor - ** See Contract Class Instructor Explanation Dance & Martial Arts Contract Class Instructor - Theresa Winecki Adult Fitness (Bootcamp, `* See Contract Class Instructor Explanation Zumba Traffic Control Service Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner. Page 7 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2009 through January 31, 2010 Vendor Product Explanation Traffic Operations Inc Street Striping Most responsive supplier for low quantity orders. Trane HVAC Controls Proprietary controls at the DBC and Heritage Community centers Trench Plate Rental Co Steel Plates & K -Rails Responds to after hours emergency services. Rental Tri -City Pools DBC Fountain service Lowest bidder, familiar with City equipment TryFitt Sports Youth Sports Contract ** See Contract Class Instructor Explanation Class Union Ice Company Snow for Winter Snow Only vendor that responds to bids, that can provide Fest requirements. United Pumping Services Inc Hazardous Waste Only local vendor for hazardous waste clean ups. Removal Special Event - Only vendor to respond for the last three years for special United Site Services Restrooms & Sinks events. Valley Trophy Youth Trophies Traditionally lowest Price from bids. Erika Vieyra Contract Class Instructor - ** See Contract Class Instructor Explanation Teen Online Drivers Trng W.W. Grainger, Inc. Specialty Supplies Local vendor with specialty repair materials Walnut Hills Fire Protection Fire extinguisher repair Familiar with City equipment, great service Walnut Vly Unified Schl Distr. Rental Facility - Contract Facility Use Agreement signed September 1992 Classes & Sports Waxie Sanitary Supply Janitorial supplies Competitive pricing, offers periodic training WellDune Rx Sharps recycling svcs. Vendor works with Waste Management Ability to provide a wide variety of promotional items made Weisenbach Recycled Products Recycling Promotional Items from recycled materials. Road Maint Materials & Only local vendor specialized in street construction White Cap Equipment materials. World Wide Bingo Bingo supplier Lowest price in 3 years of bidding and great service. Yosemite Water Water Supplies & Responsive supplier for low quantity orders Equipment Rental Young Rembrandts Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Art Classes Young S. Kim Contract Class instructor - ** See Contract Class Instructor Explanation Youth Taekwondo **Instructor meets the requirements of the contract class program: successful completion of instructor application, supplemental questionnaire, class proposals, background check and quarterly quality review of classes. Page 8 CITY COUNCIL Agenda # 6-11 Meeting Date: January 19, 2010 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: ADOPTION OF RESOLUTION N .20110 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE STATEWIDE PARK PROGRAM GRANT FUNDS, PROP 84 FOR THE DEVELOPMENT OF WASHINGTON STREET MINI PARK. RECOMMENDATION: Adopt. BACKGROUND: There is a potential to obtain funding for Washington Street Mini Park by applying for this competitive grant. If the grant is awarded the funding will offset the cost of completing the park. DISCUSSION: Staff is preparing the application for the grant funds from the Statewide Park Program grant funds, Prop 84. The application is due March 1, 2010. This resolution is a required element of the grant application. PREPARED Director of Community Services Resolution No: 2010 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS FOR THE DEVELOPMENT OF THE WASHINGTON STREET MINI PARK WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Program, setting up necessary procedures governing the Application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the grant scope project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: Approves the filing of an application for the Washington Street Mini Park and 1. Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project(s), and 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope; and 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Approved and adopted the 19th day of January, 2010 Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 2010, by the following vote: AYES: COUNCIL MEMEBERS: NOES: COUNCIL MEMEBERS: ABSENT: COUNCIL MEMEBERS: ABSTAINED: COUNCIL MEMEBERS: Tommye Cribbins, City Clerk City of Diamond Bar Agenda # 7.1 Meeting Date; Januaa 19, 2010 CITY COUNCIL R, 9�AGENDAREPORT i9s TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana 40ilp TITLE: A. URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE ZONING REGULATIONS GOVERNING LIVE ENTERTAINMENT AND DANCING IN BARS AND NIGHTCLUBS AND OTHER PUBLIC ASSEMBLY VENUES IN THE CITY, MAKING CONFORMING CHANGES TO TITLE 5 OF THE MUNICIPAL CODE (BUSINESS LICENSING) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE B. ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE ZONING REGULATIONS GOVERNING LIVE ENTERTAINMENT AND DANCING IN BARS AND NIGHTCLUBS AND OTHER PUBLIC ASSEMBLY VENUES IN THE CITY, MAKING CONFORMING CHANGES TO TITLE 5 OF THE MUNICIPAL CODE (BUSINESS LICENSING) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE RECOMMENDATION: Receive Staff's Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing and concurrently: A. Adopt Urgency Ordinance No. 0X(2010) U. B. Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2010). FISCAL IMPACT: None. BACKGROUND: In recent years, the City and Sheriff's Department have received an increased number of complaints about the impacts of bars, nightclubs, and indoor entertainment activities. These impacts include issues related to noise, traffic, parking and disorderly conduct. To better address these impacts and minimize the numerous law enforcement calls for service, the City Council adopted Urgency Ordinance No. 02(2008) on February 5, 2008, that instituted a moratorium on the issuance of permits for amusement and entertainment uses such as bars and nightclubs. The moratorium was extended twice for a maximum of two years and will expire on February 5, 2010. The moratorium prgvided staff and the City Attorney time to thoroughly study the issue, and draft Development Code Amendment (DCA) No. PL2009-051, which is the City's proposal to create standards more suitably tailored to Diamond Bar's residential and business community. On December 8, 2009, the Planning Commission adopted the attached resolution by 3-0 vote recommending approval of Development Code Amendment No. PL2009-051 to the City Council. PROPOSED MUNICIPAL CODE AMENDMENT: The proposed Development Code Amendment amends the Municipal Code by placing suitable restrictions on live entertainment, ensures that all regulations within the Municipal Code governing entertainment are internally consistent, and ultimately mitigates the secondary impacts of entertainment related uses in the community. The proposed ordinance revises the Development Code with respect to live entertainment within specified contexts, and Title 5 (Business Licensing), which regulates the operators of such establishments. The proposed ordinance includes the following changes to Section 22.80.020 (Definitions): • A definition for "Live entertainment" has been added to the definitions to avoid ambiguity in the applicability of the new standards as much as possible. • "Bars and night clubs" has been deleted and replaced with "Bars, cocktail lounges, and taverns". Nightclubs will no longer be permitted in the City so the previous definition serves no purpose. • "Community/cultural centers", "Indoor amusement/entertainment facilities" and "Restaurant, table service" have been amended to better define their uses. Section 22.42.075 is added to the Development Code, which establishes standards for live entertainment and dancing, replacing "Entertainment Licensing" which is currently regulated under Municipal Code Section 5.08.050. The new standards include a prohibition on live entertainment and dancing by patrons, employees and contractors in bars, cocktail lounges and taverns, motels, and restaurants, effectively precluding these uses from evolving into nightclubs. Schools, places of worship, City -sponsored or events with temporary use permits are exempt from the regulations in order to ensure that live performance may continue to occur at these venues. Live entertainment and dancing would also be allowed to occur at receptions and other events conducted at community centers, clubs, and lodges. Lastly, the ordinance also includes language motioned and adopted by the Planning Commission that existing businesses with legally established and permitted live entertainment components would be allowed to continue operating as they were prior to adoption of the ordinance. The City has determined that the proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15361(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on December 18, 2009, in a 1/8 page display. It is recommended that the City Council adopt Urgency Ordinance No. 0X(2010) U, and concurrently, approve for First Reading by title only, waive full reading of Ordinance No. 0X(2010) and schedule Second Reading for February 2, 2010. Urgency Ordinance No. 0X(2010) U will go into effect immediately upon adoption and prior to the expiration of the moratorium. Prepared by: Anthony Santoi Management Analyst Attachments: 1. Urgency Ordinance No. 0X(2010) U. 2. Ordinance No. 0X(2010). 3. Planning Commission Resolution No. 2009-28 Reviewed by: Greg Gubman, AICP Community Development Director ORDINANCE NO. 0X(2010) U AN URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE ZONING ORDINANCE PROVISIONS GOVERNING LIVE ENTERTAINMENT IN BARS, NIGHTCLUBS AND OTHER VENUES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-5 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, and to amend the categories entitled "Community/Cultural Centers," and "Clubs, lodges and private meeting halls" under the heading "Recreation, Education and Public Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and motels" under the heading "Service Uses," as follows: SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, Permit Requirement by District OP OB CO See Standards in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges and private meeting halls CUP CUP CUP 22.42.075 Community/cultural centers CUP CUP CUP 22.42.075 Theaters and auditoriums CUP CUP CUP 22.42.075 RETAIL TRADE USES Bars, cocktail lounges and taverns CUP 22.42.075 Restaurants P P P 22.42.075 SERVICE USES Hotels and motels CUP CUP 22.42.075 SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, and to amend the categories entitled "Community/Cultural Centers," and "Clubs, lodges and private meeting halls" under the heading "Recreation, Education and Public Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and motels" under the heading "Service Uses," as follows: SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding thereto a new Section 22.42.075 to read as follows: Sec. 22.42.075. Live entertainment/dancing This section establishes standards for live entertainment and dancing. (a) Live entertainment and dancing by patrons, employees and independent contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants. (b) Live entertainment is permitted in community/cultural centers, "clubs, lodges and private meeting halls," and hotels only in connection with banquets, parties, and receptions. Community/cultural centers, "clubs, lodges and private meeting halls" and Permit Requirement by District Cl C2 C3 I See Standards in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges and CUP CUP 22.42.075 private meeting halls Community/cultural CUP 22.42.075 centers Theaters and CUP CUP 22.42.075 auditoriums RETAIL TRADE USES Bars, cocktail CUP CUP CUP 22.42.075 lounges and taverns Restaurants P P P 22.42.075 SERVICE USES Hotels and motels P P P 22.42.075 SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding thereto a new Section 22.42.075 to read as follows: Sec. 22.42.075. Live entertainment/dancing This section establishes standards for live entertainment and dancing. (a) Live entertainment and dancing by patrons, employees and independent contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants. (b) Live entertainment is permitted in community/cultural centers, "clubs, lodges and private meeting halls," and hotels only in connection with banquets, parties, and receptions. Community/cultural centers, "clubs, lodges and private meeting halls" and hotels shall not book a banquet, party or reception involving live entertainment for the same person or organization more than once in any 90 -day period. The banquet or party space in a hotel in which live entertainment is provided must be accessible only through an interior lobby or foyer. (c) Nothing herein prohibits live entertainment in schools, and "theaters and auditoriums" provided that no alcoholic beverages are sold or otherwise made available to patrons or consumed on the premises. (d) This section is inapplicable to adult-oriented businesses, which are governed by Section 22.42.020. (e) This section is inapplicable to religious places of worship. (1) This section is inapplicable to City sponsored events and events approved with a temporary use permit pursuant to Chapter 22.50. (g) Live entertainment approved by conditional use permit and business license prior to January 19, 2010, that does not conform to the provisions of this section and which has been in operation continuously since such approval, may be continued in accordance with the provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels). SECTION 4. Section 22.80.020 of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended by amending the definition of the following terms to read as follows: a. The definition of "Bars and night clubs" is deleted and replaced with the following: "Bars, cocktail lounges and taverns. "Bar" or "cocktail lounge" or "tavern" means an establishment: (1) that sells or offers for sale alcoholic beverages pursuant to a Type 48 license from the Department of Alcoholic Beverage Control, (2) that limits entry to persons 21 years of age or older and (3) where food service, if any, is subordinate to the sale of alcoholic beverages. Does not include a bar area that is an integrated part of a restaurant. May include beer brewing as part of a microbrewery and other alcoholic beverage tasting facilities. Live entertainment and dancing by patrons, employees and independent contractors is prohibited." b. The definition of "Community/cultural centers" is amended to read as follows: "Community/cultural centers. Multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities available only by way of advance reservation by individuals or groups for activities such as meetings, banquets, parties and receptions. c. The definition of "Indoor amusement/entertainment facilities" is amended by deleting the following category: "Dance halls, clubs and ballrooms" d. A new definition is added to read as follows: "Live entertainment. Any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, karaoke, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, independent contractors, guests, customers, or any other person or persons. Does not include ambient or incidental music provided for guests or patrons by one (1) non -amplified musician or the use of a radio or other electronic playback device in any establishment, except when utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment for the purpose of gaining the attention and interest of, or diverting or amusing guests or patrons, including the announcing of song titles or artists' names." e. The definition of "Restaurant, table service" is amended to read as follows: "Restaurant, table service. An establishment that: (1) sells, or offers for sale, food and beverages during all hours it is open for business primarily by way of table service, (2) prepares food on-site in a kitchen capable of preparing food from its component ingredients and otherwise meets the definition of a "bona fide public eating place" contained in California Business & Professions Code §23038, and (3) does not limit entry to persons 21 years of age or older and service of alcoholic beverages is secondary to service of food. Take-out service is permissible but must be secondary to on-site table service. Live entertainment and dancing by patrons, employees and independent contractors is prohibited." SECTION 5. Section 5.04.010 of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended by repealing category "(7) Entertainment establishments" and renumbering the categories that follow accordingly, and by amending category "(5) Bars and nightclubs" to read as follows: "(5) Bars, cocktail lounges and taverns." SECTION 6. Section 5.08.040 of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: Sec. 5.08.040. Bars, cocktail lounges and taverns. (a) For purposes of this chapter, bars, cocktail lounges and taverns shall mean businesses as defined in Section 22.80.020 of this Code. (b) In addition to the information prescribed by section 5.04.020, the application for a license for a bar, cocktail lounge or tavern shall include: (1) The complete standard regulatory business license application including the names and addresses of all responsible operators, managers, and property owner; (2) A certified copy of all valid alcohol beverage control (ABC) permits, licenses, and conditions of operation; (3) Security plan requirements. Applicants for businesses that serve alcohol with an occupancy load of 50 or greater are required to submit a security plan. All submitted security plans shall be reviewed and are subject to the approval of the director or his or her designee; and (4) A set of plans stamped "approved" by the Los Angeles County Fire Department which identifies the use and the square footage of the establishment. (c) Operating requirements. (1) Manager required. Any bar, cocktail lounge or tavern shall have a responsible person on the premises to act as manager and supervise employees and independent contractors at all times during which the business is operating. (2) Facility operators. Licensees shall maintain their operations pursuant to the security plan approved by the community development director and within the standards required by the department of alcoholic beverage control. (3) Display of licenses. The business owner shall display the business license in a prominent and visible location. (4) Complaints. An employee of each business owner licensee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business license. The business owner licensee shall make reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request. (5) Alcoholic beverages. All new employees of business owner licensees serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees on no less than a quarterly basis. (6) Merchandise sales. No business owner licensee shall sell merchandise except inside the establishment. (7) Open doors. No door of any business may be propped open after 6:00 p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the business owner. (8) Designated driver signs. Signs recommending the use of a "designated driver" shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least six inches by six inches. (9) Joint responsibility for violations and noise control. Violations of this subsection (c) and violations of the noise control ordinance set forth in chapter 8.12 of the Diamond Bar Municipal Code by either the business owner promote, shall be grounds for revocation of the business license. (10) All security personnel must have a California Guard Card and/or must possess a certificate of completion from a Penal Code 832 course instruction within six months of employment. SECTION 7. Section 5.08.050 of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is repealed in its entirety and shall be shown in the Municipal Code as "Reserved." SECTION 8. Purpose and findings; Urgency. Currently, the establishment of amusement, entertainment and other specified congregation uses and facilities are permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit if required. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City Council believes that it is necessary to enact regulations, consistent with State law, governing the operation of live entertainment in order to protect residents and businesses from the harmful secondary effects of these establishments. In order to alleviate and address this threat, this Urgency Ordinance is adopted to enact permanent regulations immediately so that there is no gap between the end of the existing interim ordinance and the effectiveness of new regulations. This Urgency Ordinance is adopted pursuant to California Government Code Section 36937 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. SECTION 9. This Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA"), as prescribed under Section 15361(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. PASSED, APPROVED AND ADOPTED this day of , 2010. MAYOR I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City council of the City of Diamond Bar, California, held on the day of , 2010, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of , 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB STAINED: COUNCILMEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar ORDINANCE NO. 0X(2010) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE ZONING ORDINANCE PROVISIONS GOVERNING LIVE ENTERTAINMENT IN BARS, NIGHTCLUBS AND OTHER VENUES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-5 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, and to amend the categories entitled "Community/Cultural Centers," and "Clubs, lodges and private meeting halls" under the heading "Recreation, Education and Public Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and motels" under the heading "Service Uses," as follows: SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, and to amend the categories entitled "Community/Cultural Centers," and "Clubs, lodges Permit Requirement by District OP OB CO See Standards in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges and private meeting halls CUP CUP CUP 22.42.075 Community/cultural centers CUP CUP CUP 22.42.075 Theaters and auditoriums CUP CUP CUP 22.42.075 RETAIL TRADE USES Bars, cocktail lounges and taverns CUP 22.42.075 Restaurants P P P 22.42.075 SERVICE USES Hotels and motels I CUP I CUP 1 22.42.075 SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, and to amend the categories entitled "Community/Cultural Centers," and "Clubs, lodges and private meeting halls" under the heading "Recreation, Education and Public Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and motels" under the heading "Service Uses," as follows: SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding thereto a new Section 22.42.075 to read as follows: Sec. 22.42.075. Live entertainment/dancing This section establishes standards for live entertainment and dancing. (a) Live entertainment and dancing by patrons, employees and independent contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants. (b) Live entertainment is permitted in community/cultural centers, "clubs, lodges and private meeting halls," and hotels only in connection with banquets, parties, and receptions. Community/cultural centers, "clubs, lodges and private meeting halls" and hotels shall not book a banquet, party or reception involving live entertainment for the same person or organization more than once in any 90 -day period. The banquet or party Permit Requirement by District C 1 C2 C3 I See Standards in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges and CUP CUP 22.42.075 private meeting halls Community/cultural CUP 22.42.075 centers Theaters and CUP CUP 22.42.075 auditoriums RETAIL TRADE USES Bars, cocktail CUP CUP CUP 22.42.075 lounges and taverns Restaurants P P P 22.42.075 SERVICE USES Hotels and motels P P P 22.42.075 SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding thereto a new Section 22.42.075 to read as follows: Sec. 22.42.075. Live entertainment/dancing This section establishes standards for live entertainment and dancing. (a) Live entertainment and dancing by patrons, employees and independent contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants. (b) Live entertainment is permitted in community/cultural centers, "clubs, lodges and private meeting halls," and hotels only in connection with banquets, parties, and receptions. Community/cultural centers, "clubs, lodges and private meeting halls" and hotels shall not book a banquet, party or reception involving live entertainment for the same person or organization more than once in any 90 -day period. The banquet or party space in a hotel in which live entertainment is provided must be accessible only through an interior lobby or foyer. (c) Nothing herein prohibits live entertainment in schools, and "theaters and auditoriums" provided that no alcoholic beverages are sold or otherwise made available to patrons or consumed on the premises. (d This section is inapplicable to adult-oriented businesses, which are governed by Section 22.42.020. (e) This section is inapplicable to religious places of worship. (f) This section is inapplicable to City sponsored events and events approved with a temporary use permit pursuant to Chapter 22.50. (g) Live entertainment approved by conditional use permit and business license prior to January 19, 2010, that does not conform to the provisions of this section and which has been in operation continuously since such approval, may be continued in accordance with the provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels). SECTION 4. Section 22.80.020 of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended by amending the definition of the following terms to read as follows: a. The definition of "Bars and night clubs" is deleted and replaced with the following: "Bars, cocktail lounges and taverns. "Bar" or "cocktail lounge" or "tavern" means an establishment: (1) that sells or offers for sale alcoholic beverages pursuant to a Type 48 license from the Department of Alcoholic Beverage Control, (2) that limits entry to persons 21 years of age or older and (3) where food service, if any, is subordinate to the sale of alcoholic beverages. Does not include a bar area that is an integrated part of a restaurant. May include beer brewing as part of a microbrewery and other alcoholic beverage tasting facilities. Live entertainment and dancing by patrons, employees and independent contractors is prohibited." b. The definition of "Community/cultural centers" is amended to read as follows: "Community/cultural centers. Multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities available only by way of advance reservation by individuals or groups for activities such as meetings, banquets, parties and receptions. c. The definition of "Indoor amusement/entertainment facilities" is amended by deleting the following category: "Dance halls, clubs and ballrooms" I A new definition is added to read as follows: "Live entertainment. Any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, karaoke, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, independent contractors, guests, customers, or any other person or persons. Does not include ambient or incidental music provided for guests or patrons by one (1) non -amplified musician or the use of a radio or other electronic playback device in any establishment, except when utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment for the purpose of gaining the attention and interest of, or diverting or amusing guests or patrons, including the announcing of song titles or artists' names." e. The definition of "Restaurant, table service" is amended to read as follows: "Restaurant, table service. An establishment that: (1) sells, or offers for sale, food and beverages during all hours it is open for business primarily by way of table service, (2) prepares food on-site in a kitchen capable of preparing food from its component ingredients and otherwise meets the definition of a "bona fide public eating place" contained in California Business & Professions Code §23038, and (3) does not limit entry to persons 21 years of age or older and service of alcoholic beverages is secondary to service of food. Take-out service is permissible but must be secondary to on-site table service. Live entertainment and dancing by patrons, employees and independent contractors is prohibited." SECTION 5. Section 5.04.010 of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended by repealing category "(7) Entertainment establishments" and renumbering the categories that follow accordingly, and by amending category "(5) Bars and nightclubs" to read as follows: "(5) Bars, cocktail lounges and taverns." SECTION 6. Section 5.08.040 of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: Sec. 5,08.040. Bars, cocktail lounges and taverns. (a) For purposes of this chapter, bars, cocktail lounges and taverns shall mean businesses as defined in Section 22.80.020 of this Code. (b) In addition to the information prescribed by section 5.04.020, the application for a license for a bar, cocktail lounge or tavern shall include: (1) The complete standard regulatory business license application including the names and addresses of all responsible operators, managers, and property owner; (2) A certified copy of all valid alcohol beverage control (ABC) permits, licenses, and conditions of operation; (3) Security plan requirements. Applicants for businesses that serve alcohol with an occupancy load of 50 or greater are required to submit a security plan. All submitted security plans shall be reviewed and are subject to the approval of the director or his or her designee; and (4) A set of plans stamped "approved" by the Los Angeles County Fire Department which identifies the use and the square footage of the establishment. (c) Operating requirements. (1) Manager required. Any bar, cocktail lounge or tavern shall have a responsible person on the premises to act as manager and supervise employees and independent contractors at all times during which the business is operating. (2) Facility operators. Licensees shall maintain their operations pursuant to the security plan approved by the community development director and within the standards required by the department of alcoholic beverage control. (3) Display of licenses. The business owner shall display the business license in a prominent and visible location. (4) Complaints. An employee of each business owner licensee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business license. The business owner licensee shall make reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request. (5) Alcoholic beverages. All new employees of business owner licensees serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees on no less than a quarterly basis. (6) Merchandise sales. No business owner licensee shall sell merchandise except inside the establishment. (7) Open doors. No door of any business may be propped open after 6:00 p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the business owner. (8) Designated driver signs. Signs recommending the use of a "designated driver" shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least six inches by six inches. (9) Joint responsibility for violations and noise control. Violations of this subsection (c) and violations of the noise control ordinance set forth in chapter 8.12 of the Diamond Bar Municipal Code by either the business owner promote, shall be grounds for revocation of the business license. (10) All security personnel must have a California Guard Card and/or must possess a certificate of completion from a Penal Code 832 course instruction within six months of employment. SECTION 7. Section 5.08.050 of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is repealed in its entirety and shall be shown in the Municipal Code as "Reserved." PASSED, APPROVED AND ADOPTED this day of 52010. MAYOR I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City council of the City of Diamond Bar, California, held on the day of , 2010, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of , 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED:COUNCILMEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar PLANNING COMMISSION RESOLUTION NO. 2009-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. 2009-051 AMENDING TITLE 22 AND TITLE 5 OF THE DIAMOND BAR MUNICIPAL CODE. A. RECITALS 1. On February 5, 2008, the City Council adopted Interim Urgency Ordinance No. 02 (2008), instituting a 45 -day moratorium on the issuance of permits for amusement, entertainment and other specified congregation uses in the City of Diamond Bar such as bars, nightclubs, and indoor amusement activities. The urgency ordinance was subsequently extended 10 months and 15 days on March 4, 2008, and again for one year on February 3, 2009. 2. On November 20, 2009, notice for this development code amendment was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. On November 20, 2009, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied. 3. On December 8, 2009, the Planning Commission held a duly noticed public hearing on the proposed amendment to the Diamond Bar Municipal Code, and closed said hearing. 4. After closing the public hearing, the Planning Commission directed staff to add a provision to the proposed amendment affirming that previously approved entertainment uses shall retain their status as a nonconforming use in accordance with the 'provisions set forth under Municipal Code Chapter 22.68 ("Nonconforming Uses, Structures and Parcels"). 5. The Community Development Director has determined that the proposed development code amendment does not have the potential for causing a significant effect on the environment as outlined in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the development code amendment identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3) of the California Code Of Regulations and guidelines promulgated there under, is exempt and further environmental review is not required. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment No. 2009-051 by adopting the ordinance attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: orng, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of December, 2009, by the following vote: AYES: Commissioners: Nolan, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: Lee, Shah ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 2 Planning Commission Resolution No. 2009-28 I'D TOND BARS W -l -- VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK q �l FROM: _Aylol raw Wo DATE: 11/to ADDRESS: 61 G b lr�P,v� f # PHONE: qv -07b -7 ORGANIZATION: ��� AGENDA#/SUBJECT: 'P�q� expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. D 1I01vul BARe1 i '�,R 7IF7 x VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM. ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK ,. *eL �� DATE: 1,1111(6 Z1 D-/ A i�-'-&4�44PHONE: ---I� C-)ii8q expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. A145 W4 Signature This document is a public record subject to disclosure under the Public Records Act. D lon!D B VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK c FROM: z)A V -L 'D DATE: ADDRESS: I a �l G�LPHONE: ORGANIZATION: {� AGENDA#/SUBJECT: P �— �\ L'.WAi4a) expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. 11 D ' OND BAI IQ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: ®�� CAT-" 6&, • PHONE: ORGANIZATION:ju�sPi- AGENDA#/SUBJECT:yi���i'lifi\bl�c� )l—VKW\1 fNE I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. i r This document is a public record subject to disclosure under the Public Records Act.