HomeMy WebLinkAbout03/02/2010Cily of
Diamond Bar
City Council Agenda
Tuesday, March 2, 2010
5:15 p.m. — Closed Session — Room CC -8
5:30 p.m. — Study 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 a City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 2, 2010
Next Resolution No. 2010-09
Next Ordinance No. 03 (2010)
CLOSED SESSION: 5:15 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
STUDY SESSION:
5:30 p.m., Room CC -8
No. Regulating Entertainment Activities — Discussion and Action.
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
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.
March 2, 2010
1
2.
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
PAGE 2
Pastor Mark Hopper
Evangelical Free Church
Council Members Chang, Everett,
Tanaka, Mayor Pro Tem Tye, Mayor
Herrera
Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Introduction of Lt. Chris Blasnek to the Diamond Bar/Walnut Sheriff's
Station.
1.2 Proclaiming March 17, 2010 as the Centennial Birthday Celebration for
"Camp Fire USA Mt. San Antonio Council Day".
1.3 Proclaiming the City's Commitment to the 2010 United State Census —
"It's in Our Hands".
1.4 Presentation of City Tiles to Outgoing Parks and Recreation
Commissioner Ruth Low and Outgoing Traffic and Transportation
Commissioner Michael Shay.
1.5 City Tile to Audrey Hamilton for Recognition of her serving as the City's
Representative to the Greater Los Angeles County Vector Control Board.
1.6 Presentation of Certificate of Recognition to Vantage Homeowners
Association for being named "Community of the Year" by the Community
Association Institute.
NEW BUSINESS OF THE MONTH:
1.7 Presentation of Certificate Plaque to Mathnasium, 2020 S. Brea Canyon
Rd., #A3, as New Business of the Month, March, 2010.
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 voluntary). There is a five-minute maximum time limit
when addressing the City Council.
March 2, 2010 PAGE 3
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 State of the City - March 4, 2010 — Doors open at 5:30 to 7:30 p.m.,
Diamond Bar Center Ballroom, 1600 Grand Ave.
5.2 Planning Commission Meeting — March 9, 2010 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 Traffic and Transportation Commission Meeting — March 11, 2010 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.4 City Council Meeting — March 16, 2010 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
(a) Study Session of February 16, 2010 — Approve as submitted.
(b) Regular Meeting of February 16, 2010 — Approve as submitted.
6.2 Planning Commission Minutes — Regular Meeting of January 26, 2010 -
Receive and file.
6.3 Ratification of Check Register — Dated February 11, 2010 through
February 24, 2010 totaling $669,694.49.
Requested by: Finance Department
6.4 Treasurer's Statement - Month of January, 2010
Recommended Action: Approve.
Requested by: Finance Department
6.5 Approve Renewal of General Services Agreement with Los Angeles
County.
Recommended Action: Approve.
Requested by: City Manager
March 2, 2010
PAGE 4
6.6 Approve Contract Amendment No. 5 with GFB-Friedrich &
Associates, Inc. for Assessment Engineering Services for Landscape
Assessment Districts 38, 39 and 41 for a Period of One Year, for a
Total Contract Amount of $12,950.
Recommended Action: Approve
Requested by: Public Works Department
6.7 Acceptance of Work Performed by Mega Way Enterprises for
Construction of Sycamore Canyon Park Trail — Phase III; Direct the
City Clerk to File the Notice of Completion; Release the Retention
Thirty -Five Days After the Recordation Date; and, Authorize an
Additional Appropriation of $14,925 from the Park Development Fund
to Pay all Project Costs.
Recommended Action: Accept and Authorize.
Requested by: Community Services Department
6.8 Approve Contract Amendment No. 11
Associates, Inc. in the Amount of $7,700 to
the Bid Process and Construction for the
Trail — Phase III Project.
Recommended Action: Approve.
with David Evans and
Provide Services During
Sycamore Canyon Park
Requested by: Community Services Department
6.9 Re -Appropriate Measure R Local Return Funds from the Capital
Improvement Program Budget Area 6 Slurry Seal Project to the
Public Works Operating Budget in the Amount of $80,000 for FY
2009-10; Appropriate $80,000 of Prop 113 Fund Reserves to the
Capital Improvement Program Budget Area 6 Slurry Seal Project for
FY 2009-10; and Award a Landscape Design Contract for the SR 60
Lemon Avenue Interchange Project to David Evans and Associates,
Inc. in the Amount of $77,900.
Recommended Action: Re -Appropriate, Appropriate and Award.
Requested by: Public Works Department
March 2, 2010 PAGE 5
6.10 Authorize the City Manager to Extend a Professional Services
Agreement with Lilley Planning Group, Inc. (LPG), to Increase the
Contract Amount of $8,500 to Provide Continued Off -Site Planning
Services.
Recommended Action: Approve.
Requested by: Community Development Department
6.11 Approve Dapeer, Rosenblit & Litvak, LLP, as the Provider of City
Prosecutor Services.
Recommended Action: Approve.
Requested by: Community Development Department
6.12 Approval of Adjourning the March 2, 2010 City Council Meeting to
April 6, 2010.
Recommended Action: Approve.
Requested by: City Manager
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION:
8.1 Presentation Regarding Acquisition of Building located at 21810
Copley Dr. for Use as City Hall and Potential Use as a Library.
Recommended Action: Direct Staff as necessary.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Study Session
40
CITY OF DIAMOND BAR
MEMORANDUM
TO: Mayor Herrera and Members of the City Council
VIA: James DeStefano, City Mant,
FROM: Greg Gubman, AICP, Community Development Director
SUBJECT: Regulating Entertainment Activities
DATE: February 16, 2010
1.0 INTRODUCTION
Last month, upon adoption of the new entertainment ordinance, the City Council directed
staff to return with options for discussion of a broader range of entertainment types that the
Council could consider should it choose to amend the ordinance.
This memorandum first describes how the new ordinance differs from the former one, and
then provides an overview of how other cities regulate entertainment uses as a basis for
discussion on how the current ordinance could be amended to widen the scope of
entertainment classifications that are appropriate for the community.
This memorandum concludes with a list of policy questions to give the Council some
guidance should it wish to direct staff to revise the current ordinance.
2.0 BACKGROUND
2.1 Previous Entertainment Regulations and Enforcement Issues
Prior to adoption of the current ordinance, and the two-year moratorium that preceded it,
the Diamond Bar Municipal Code provided the means to allow for various types of
entertainment activities through the conditional use permit (CUP) and business licensing
processes. The codified definition for "entertainment" at that time was as follows:
[A]ny live performance, including but not limited to all forms of music, theatrical or comedic
performance, song, dance, or vocal entertainment by a disc jockey or announcer,
participated in by one or more employees, guests, customers or any other person or
persons. [DBMC §5.05.050(b)(2)]
Examples of permissible entertainment -based uses and ancillary entertainment activities
under the previous regulations included the following:
• Nightclubs, dance clubs and discotheques;
• Theaters that provide alcohol service, such as comedy clubs;
Mayor and City Council
February 12, 2010
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• Karaoke;
• Live music in restaurants, bars and other non -theater settings performed by bands or
ensembles, or recorded music hosted by DJs in such venues;
• Dancing by patrons at restaurants, bars and lounges;
• Dancing and other forms of performance art by one or more employees or contractors
in restaurants, bars and lounges.
Over time, and at different locations, the Sheriff's Department received calls for service to
venues where entertainment was provided, particularly those that included both dancing
and alcohol service. The most recent and notorious example was Scribbles Grille and
Restaurant (Scribbles). Scribbles was never approved to operate as a nightclub, but was
authorized under its conditional use permit to host private parties. Soon after opening, it
was found that Scribbles had established itself as a nightclub under the guise of hosting
private parties.
2.2 Current Live Entertainment Regulations
In an effort to curtail the likelihood that past enforcement problems associated with
entertainment would be repeated, staff drafted a new ordinance that very narrowly
prescribes the range of live entertainment permissible in the City. To do this, a revised
definition for "live entertainment" first had to be established:
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 ormore 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 forthe purpose of gaining
the attention and interest of, or diverting or amusing guests or patrons, including the
announcing of song titles or artists' names." [DBMC §22.80.020]
One key provision of this new definition is that it adds independent contractors to the class
of individuals for whom the definition applies. This closes a loophole wherein business
operators might have previously claimed that none of their "employees" were participating
in the entertainment, and thus argue that they were exempt any of the regulations that
pertain to entertainment.
Next, the ordinance prohibits live entertainment in the City, except under the following
circumstances':
In community/cultural centers, clubs, lodges, private meeting halls, and hotels only in
connection with banquets, parties, and receptions. While the ordinance doesn't limit
Because of special Constitutional protections, the ordinance is inapplicable to adult-oriented businesses.
Adult-oriented businesses are subject to the regulations set forth in Municipal Code Section 22.42.020.
Mayor and City Council
February 12, 2010
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the number of events these venues may host, they are prohibited from booking an
event involving live entertainment for the same person or organization more than once
in any 90 -day period;
• In schools, theaters and auditoriums, provided that no alcoholic beverages are sold or
otherwise made available to patrons or consumed on the premises;
• In religious places of worship; or
• At City sponsored events and events approved with a temporary use permit.
The examples of entertainment types allowed under the old ordinance, listed in Section 2.1
above, are now prohibited.
3.0 OVERVIEW OF ENTERTAINMENT REGULATIONS
A portion of the research compiled in this memorandum was obtained by polling other
small and medium-sized California cities through the League of California Cities' Housing,
Community and Economic Development ListSery email distribution list. ListSery
respondents tend to be those agencies who feel that their programs are innovative, or at
least serve as good models for others to follow.
Many cities distinguish between entertainment as a primary use versus a secondary use,
and regulate accordingly. For example, Murrieta's draft ordinance requires approval of a
CUP for nightclubs, theaters and other places where live entertainment is the primary
activity, and then provides a listing of associated development standards; the ordinance
then specifies an administrative approval process when entertainment is accessory to a
different primary use, such as a restaurant, and provides a corresponding list of
development and operational criteria.
Some cities have adopted very detailed ordinances to regulate entertainment
establishments. Fremont, for example, requires entertainment permit applications to be
submitted for approval to the police department; requires a minimum number of security
guards based on occupancy; specifies the obligations of responsible persons to prevent
and stop persons from disturbing the peace or engaging in disorderly conduct; and details
the basis for permit denial, revocation, discipline or nonrenewal. Modesto, which looked to
larger cities, such as San Francisco and San Jose, created an entertainment commission
with the authority to approve, deny, modify or revoke entertainment permits.
The summary below provides an overview of the more noteworthy regulations adopted by
the survey cities.
3.1 Operating Restrictions
3.1.1 Murrieta (proposed)
Murrieta's regulations for entertainment as an accessory use include the
Mayor and City Council
February 12, 2010
Page 4 of 7
following provisions:
• Accessory live entertainment shall not continue for more than two (2) hours after
cessation of the primary use for the day, but not later than 12:00 midnight. For
example, if a restaurant stops serving food at 9:00 PM, then accessory live
entertainment must cease by 11:00 PM.
• There shall be no cover charge or minimum drink purchase requirement.
• Any stage, dance floor or other area used for accessory live entertainment shall
not exceed 25% of the floor area open to the public, not to exceed 1,000 square
feet.
Murrieta also exempts the following activities from its entertainment ordinance:
• Performance by up to two performers (not strictly musicians) with no voice or
instrument amplification;
• Singing by employees of the establishment for which no additional floor area is
established; and
• Live entertainment when accessory to a hotel, motel or resort.
3.1.2 San Jose
New bars outside of downtown shall not be located within 500 feet of an existing bar
or any existing school. Bars should be located and oriented in such a manner that
would not adversely affect any nearby residential or school uses.
3.1.3 Santa Monica
Bowling, billiard/pool halls, and dance halls require "Police permits."
3.1.4 Whittier (proposed)
All new businesses offering or selling alcoholic beverages in conjunction with
any on-site dancing, live entertainment, musical performances, amplified music,
billiard/pool hall, arcade, internet cafe, smoking lounge, restaurant, bar, banquet
hall, club, or similar use require that both the business and property owner shall
prohibit, at all times, the use of any type of third party promoter to advertise any
on-site events/activities or to conduct, manage, direct or otherwise hold
events/activities at the on-site business.
• There shall be no door charge, cover charge, or any other form of admission
charge, including minimum drink sales.
Mayor and City Council
February 12, 2010
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• Whenever the premises or any portion thereof is open to the public and
operated as a restaurant, food from the regular menu shall be made available to
patrons up to at least one hour before closing.
3.1.5 Modesto
Exemptions from entertainment permit requirements include the following:
• Entertainment consisting of ambient or incidental music provided for guests or
patrons by musicians such as a piano player, harpist, strolling violinist, mariachi
band, traditional jukebox, karaoke, guitarist or band. However, if there is an
admission charge required to observe or attend such entertainment, the music
will not be considered ambient or incidental;
• Any establishment, venue or assemblage of seventy-five (75) persons or less, as
described in the maximum occupancy load of the business.
3.2 Security Requirements
3.2.1 Murrieta (proposed)
The applicant shall provide a written security and safety plan for review and
approval by the City police, fire and building and safety departments.
3.2.2 West Hollywood
• Security personnel shall be provided at the main entrances and exits whenever
the nightclub is open for business, The hours of operation for nightclubs shall be
determined by the Commission at the time of approval of the appropriate permit
for the use.
• Uses with ABC licenses require a Security Plan and guards must have a valid
California Guard Card (Sec. 5.104.030),
3.2.3 Whittier (proposed)
• Any business that sells or serves alcoholic beverages after 11:00 pm. shall
employ or otherwise provide trained, private, security personnel or officers to
patrol the premises of such business establishment until closing.
The Whittier Chief of Police or his designee may alter the number of security
personnel required at any time, with reasonable written notice, based upon
changes to the factors in the subsection above or other observed or noticed
conditions at the premises, including specific days, times, or occasions
necessitating additional security, such as temporary uses, special events or
functions, holidays (both observed and celebrated in the United States).
Mayor and City Council
February 12, 2010
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For businesses operating after 11:00 pm., the minimum hours during which
required security officers shall be on-site shall be from 11:00 p.m. to 2:30 a.m, or
one-half hour after the closing of business hours, if closing is earlier than 2:00
a.m., or as specified by the Whittier Chief of Police Department.
3.2.4 Fremont
Five security guards or one security guard per 75 patrons, whichever is greater,
shall be on duty at all times that dancing is allowed.
3.3 Parkinq Requirements
3.3.1 Rancho Cucamonga
• Private clubs, lodge halls, union headquarters: 1 space for each 75 square feet
of gross floor area (Sec. 17.12.040).
• Bowling alleys and/or billiard halls: 5 spaces for each alley and/or two spaces for
each billiard table contained therein (Sec. 17.12.040).
3.3.2 San Jose
For new nightclubs or bars, an analysis of both day and nighttime parking
availability within 1,200 feet of the proposed facility should be provided by the
project proponent. Parking demand should be calculated at one space for
each 40 square feet of usable patron area. Where there are insufficient
spaces to meet the demand generated by the proposed bar or nightclub,
parking should be provided by the operator at a location convenient and
readily accessible to the patrons of the facility.
3.3.3 Santa Monica
Indoor amusement requires 1 off street parking space per 80 sq. ft. of the public
assembly floor area.
3.3.4 West Hollywood
1 space for each 2.5 fixed seats, or 28 spaces per 1,000 sq. ft. of assembly or
viewing area where there are no fixed seats
4.0 POLICY QUESTIONS
The background and regulatory overview above were provided as a basis to discuss
whether or not the current entertainment regulations should be loosened, and if so, to what
degree. The following policy questions are proposed to assist the Council in formulating its
direction to staff:
Mayor and City Council
February 12, 2010
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Should the recently adopted entertainment regulations be amended?
If yes, should the list of live entertainment types currently permissible in Diamond Bar be
expanded?
If yes, should Diamond Bar add a list of development and operational criteria for live
entertainment as a secondary use?
If yes, what are some examples of entertainment as a secondary use that should be
provided for?
5.0 CONCLUSION
If directed by the Council to do so, staff is prepared to draft a modified entertainment
ordinance for consideration by both the Planning Commission and City Council. The policy
questions presented above are intended to help the Council and staff define the scope of
any new ordinance provisions. For example, if it is deemed that restaurants should be
allowed to hire performers that add to the atmosphere or reflect the culture of the featured
cuisine, or if a small area should be dedicated for dancing by patrons, staff will outline the
criteria to allow for such activities. Such provisions, however, cannot impose regulations
on the type or content of the music or performance (i.e., country, Irish folk, jazz, rock, or
any other genre cannot be excluded). If the Council indicates that more intensive
entertainment uses, such as nightclubs, should again be accommodated, then staff will
formulate land use and development standards that attempt to reduce the likelihood that
past enforcement issues would recur.
Agenda No. 6.1(a)
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
FEBRUARY 16, 2010
L.Ji &AF1
STUDY SESSION: M/Herrera called the Study Session to order at 6:00
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Dr., Diamond Bar, CA.
Present: 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; Elizabeth Calciano, Asst. City Attorney; Bob Rose, Community
Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director;
Greg Gubman, Community Development Director; Ken Desforges, IS Director; Ryan
McLean, Assistant to the City Manager; Patrick Gallegos, Management Analyst; Rick
Yee, Sr. Civil Engineer; Marsha Roa, Public Information Manager; Cecilia Arellano,
Public Information Coordinator; and, Tommye Cribbins, City Clerk.
Also Present: Tim McLarney, President, True North Research.
► DISCUSSION OF LLAD/FUNDING NEW PARKS MASTER PLAN
PWD/Liu introduced Tim McLarney, President of True North Research (TNR),
who presented a PowerPoint presentation on the survey that will need to be
completed prior to the Council making a decision on how to proceed with
Landscape Assessment Districts 38, 39 and 41.
Mr. McLarney gave a brief background of his firm and stated that tonight's
presentation focuses on three items: 1) Parcel Tax or Benefit Assessment, the
two potential funding options available to the City for funding capital
improvements as well as, operations and maintenance; 2) what the residential
survey needs to accomplish; and 3) an outline of the methodology.
M/Herrera asked how the survey would address non-residential property owners.
Mr. McLarney stated that the assessor's files will provide mailing addresses for
the current property owners and that the survey wil be mailed directly to them.
MPT/Tye reiterated Mr. McLarney's statement that he is looking for high
propensity voters and high propensity homeowners. In laying out the difference
between a parcel tax and a benefit assessment tax record of the voter propensity
the result was "yes" from the voter files for a parcel tax and "no" for benefit
assessment tax. MPT/Tye asked how TNR would do that.
Mr. McLarney responded "experience." In California it is very easy to go to the
voter files to understand who will cast ballots in a special tax election. Among
property owners there is no such thing. However, the firm he works with has
collectively passed more assessment benefit tax in California than all other firms
combined and has a lot of experience in terms of what the likely voting patterns
FEBRUARY 16, 2010 PAGE 2 CC STUDY SESSION
are by property class as well as by propensity which TNR maintains a data base
on that evidence as well.
M/Herrera felt that a 15 -minute phone survey was too long and that she was
concerned that individuals might become impatient and hang up before
concluding the survey. She wondered if the survey could be done in 10 -minutes.
Mr. McLarney stated that it was possible and that one of the things his firm
monitors is the drop-off rate for these types of studies. He stated that they have
found that the drop-off rate for these types of surveys to be about 3% and that he
understood M/Herrera's concern and that the surveyors will be succinct.
MPT/Tye reminded Council that once before they tried to tell the survey company
what to do with respect to the library which resulted in a survey that in his opinion
was not very useful. He felt that if the consultant believes it should be a 15 -
minute survey, it should be a 15 -minute survey. He asked if 400 surveys would
be returned to the Council regardless of how many calls would have to be made.
Mr. McLarney stated that the guarantee is 400 completed surveys so with a
potential three percent drop-off, those would not be counted in the 400. He said
that TNR is committing to returning 400 completed surveys regardless of the
number of calls.
MPT/Tye asked how a landscape district would differ from what is described as a
benefit assessment.
Mr. McLarney stated that D.B.'s districts were established prior to Proposition
218 and therefore the methodology for designing the survey would be different.
After Proposition 218, the general rule is that one does not touch existing
districts, but that new districts are layered on. Functionally, a parcel tax and a
benefit assessment tax are very similar; however, in terms of who votes and how
they vote and how the votes are counted constitutes the big difference.
Ultimately, engineering balances have to be included with a benefit assessment
but not included with a parcel tax.
M/Herrera asked if those providing the survey would be multi-lingual.
In response to M/Herrera's question about the surveyors being multi-lingual, Mr.
McLarney stated that they would be multi-lingual and that TNR would look at the
rate of linguistic isolation as part of the study so that voters would be looked at in
the voter universes and the rate of isolation (they speak another language and do
not speak English well).
CM/DeStefano stated that a couple of years ago a Council Committee had been
formed to review this matter. Currently, C/Everett and C/Tanaka serve on the
committee that was started based upon the principal issue of the growing need
for the General Fund to support the operation and maintenance of the Lighting
FEBRUARY 16, 2010 PAGE 3 CC STUDY SESSION
And Landscape Assessment Districts. That discussion then morphed into the
Parks Master Plan of which the City Council should be reviewing in the next
couple of months. The Parks Master Plan contains a multi-million dollar list of
projects that the community, consultants, and staff have weighed in on which
suggests that the City should seriously be looking over the next couple of
decades. There is no funding for the Parks Master Plan; however, one of the
ways to achieve its goals is to create some sort of Benefit Assessment
District/Parcel Tax in order to fund the projects. One of the committee
discussions was whether the two should stay morphed together or whether the
lighting districts should continue to be funded by the General Fund and deal with
two separate issues. It is an issue that can shape what Mr. McLarney and his
group does as well as providing direction to staff.
C/Everett felt strongly that the City Council needs to be clear in putting this
matter out in order to receive good feedback. He was concerned about what the
value would be to get the community interested as it relates to Parks and
Recreation. He felt that morphing in the two as being a problem because it could
be a potential naysayer of "no-yes"/"black and white." He felt that over time the
Council may be able to bring the two issues together in a logical manner. There
are 5 parks in District 39 that could be added into the Parks Master Plan and the
landscaping is clearly part of trails, another logical connection to the Parks
Master Plan.
M/Herrera felt that when this is packaged it would have to be packaged
attractively with consideration as to what people would be interested in paying for
programs and parks as they have over the years. The City has spent a number
of years creating the Parks Master Plan and now it needs to work on funding.
One of the primary features residents like about D.B. is its parks, programs and
activities. She asked how, if parks are emphasized in the Parks Master Plan,
would the landscape districts get taken care of.
CM/DeStefano stated that the problem began with the funding shortfalls for the
Lighting and Landscape Assessment Districts. Because CSD/Rose and
PWD/Liu do such a good job maintaining the districts the public does not see the
problem and therefore probably doesn't care that next year the districts will cost
$350,000 in General Fund subsidies and, that the subsidy will continue to grow
by at least 10%. As a policy matter, the City can continue to fund them through
the General Fund. However, from staff's perspective it would be preferable to
pass this cost along to the people who directly benefit; however, this is a City
Council decision. With respect to the Parks Master Plan it is a different story
because the laundry list is pretty large and the cost is in the 10's of millions of
dollars the City does not have to build from a capital standpoint. In addition, the
City does not have the money to operate these facilities once they are built. The
question is one for the Council to begin to address and provide direction to staff.
FEBRUARY 16, 2010 PAGE 4 CC STUDY SESSION
C/Chang said she would like to wait until the survey is completed. Her personal
opinion is that given the economy, people are not going to want to pay for
anything additional.
MPT/Tye agreed that it would be prudent to move forward with the survey
judging from what has happened with past surveys. He wanted to know
specifically what the survey was designed to do.
Mr. McLarney stated that the questionnaire is designed to do several things.
Early on, the survey takes an immediate read on the likelihood of supporting a
revenue measure. This is done by presenting a mockup of what the ballot would
be and asks how they would react. Before any other information is gathered the
survey would determine how the community would react. From that point the
survey looks at tax rates to determine the threshold of support given how the
dollar amount associated with this price tag might change; the survey then
moves on to products and services where the survey begins to educate the
property owner about what the measure could fund as well as, its popularity
contrast (most favorable/least favorable). The survey also tests pro and con
arguments. If Council were to vote to put a measure on the ballot in the future
there will be an election cycle of some sort during which there will be proponents
who are trying to get their neighbors to support the measure and those opposed
to it. That dynamic needs to be stimulated in this type of poll in order to
understand not only where people are today but where they are likely to be once
they are exposed to that kind of dialogue. By taking a reading on support as the
survey progresses, he is able to come back to Council to explain where the
community is today with respect to priorities that could be funded; the tax
thresholds; how they react when they hear positive things about the measure and
how they react when they hear negative things about the measure. In some
cases the measure remains fairly flat over the survey and in some cases as the
public learns more about a measure support increases and in other cases, where
support decreases. TRN interprets the numbers and will tell Council whether it
believes such a measure is feasible and if so, how the ballot measure would be
optimally structured. If TNR does not believe the measure is feasible it will tell
the Council that as well.
M/Herrera asked how much the survey would cost.
Mr. McLarney stated that the cost is under SCI's contract.
CM/DeStefano said he thought that this part of the contract was about $20,000
and the total contract was about $50,000 which has already been approved by
Council.
Mr. McLarney said the survey would focus on Parks and Recreation
improvements, programs, operations and maintenance. A strategic decision
FEBRUARY 16, 2010 PAGE 5 CC STUDY SESSION
was made not to focus on the landscape and lighting because it would likely
confuse and hurt the measure rather than help.
M/Herrera concluded that the survey should move forward.
PUBLIC COMMENTS: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Herrera adjourned the Study Session at 6:33 p.m.
TOMMYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this day of 12010.
CAROL HERRERA, Mayor
Agenda No. 6.1(b)
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 16, 2010
CLOSED SESSION: 5:33 p.m., Room CC -8
Public Comments on Closed Session Agenda — None
► Government Code Section 54956.8
Property Address: 21810 Copley Drive
Diamond Bar, CA 91765
Agency Negotiator: City Manager
Negotiating Party: Behringer Harvard Western (Portfolio)
P.O. Box 190700
San Francisco, CA 94119-00700
Under Negotiation: Price and Terms of Payment
Closed Session Adjourned at 6:00 p.m. to the Study Session
STUDY SESSION:
6:00 p.m., Room CC -8
Public Comments on Study Session Agenda - None
► Discussion of LLAD/Funding New Parks Master Plan
Study Session Adjourned at 6:33 p.m. to the Regular Meeting
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:40 p.m. in SCAQMD/Government Center Auditorium, 21865
Copley Dr., Diamond Bar, CA.
ACA/Calciano reported that the Closed Session was called to order at 5:33 p.m. There
were no public and no reportable action taken on the item.
CM/DeStefano reported that during tonight's Study Session, Council discussed the
LLAD's and potential funding sources for those districts and potential funding for a
number of projects that will be coming forward to the City Council with the Parks Master
Plan. The City Council approved the consultant moving forward with a community
survey, the results of which will be available in April. Following tonight's Regular
Meeting the City Council will resume tonight's Closed Session.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church,
gave the invocation.
ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack
Tanaka, Mayor Pro Tem Steve Tye and Mayor Carol Herrera.
FEBRUARY 16, 2010 PAGE 2 CITY COUNCIL
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Elizabeth Calciano, Assistant City Attorney; 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; Patrick Gallegos, Management Analyst; Marsha Roa,
Public Information Manager; Christian Malpico-Perez, Associate Engineer (traffic), and
Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS - None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano reported that on January 19 the City Council adopted new
entertainment regulations for the community. At the conclusion of the
presentation and discussion, Council directed City staff to begin looking at
possible changes to the new ordinance. Staff has put together a memorandum
to the City Council that begins the discussion of potential changes to the
ordinance. There was some discussion during deliberation about potentially
allowing for a broader range of entertainment types than those proposed and
approved within the ordinance. Staff recommends that the City Council use its
memorandum to prepare for discussion during a study session on March 2. The
memorandum talks about how the new ordinance differs from the previous
ordinance and provides an overview of how other cities regulate entertainment
uses. The memorandum also begins to ask questions of the City Council leading
to policy choices that should be discussed in March such as, does the City
Council wish to have any changes made to the ordinance that it adopted in
January; and, does the City Council wish to change the list of entertainment uses
and if so, by what size and type, for example. It is difficult for staff to be
forthcoming with suggested changes prior to engaging in this type of discussion
with the City Council. Staff's last direction was to move forward with the interim
ordinance and from that ordinance attempt to come up with new measures that
would eliminate the kinds of difficulties the City had with entertainment uses that
were established in the community. CA/Jenkins will join the Council to impart his
experience with other client cities as well as, issues in D.B. including enactment
of permits that allowed the uses and the types of code enforcement issues the
City experienced with those entities.
3. PUBLIC COMMENTS:
Jesse Lantz, Diamond Bar Library, spoke about recent and upcoming events at
the library.
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
FEBRUARY 16, 2010 PAGE 3 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Joint Mayor's Prayer Breakfast (D.B./Walnut) - February 19, 2010 — 7:15
a.m., Diamond Bar Golf Course, 22751 Golden Springs Dr., sponsored by
the Regional Chamber of Commerce (909) 869-0701.
5.2 Household Hazardous Waste Roundup — February 20, 2010 — 9:00 a.m.
to 3:00 p.m., Gateway Corporate Center, 1300 Block of Bridge Gate Dr,
sponsored by Clean LA, 1888-CLEANLA or at www.888cleanla.com
5.3 Planning Commission Meeting — February 23, 2010 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 Parks and Recreation Commission Meeting — February 25, 2010 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.5 City Council Meeting — March 2, 2010 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
5.6 State of the City — March 4, 2010 — 6:00 to 7:30 p.m., Diamond Bar Center
Ballroom, 1600 Grand Ave.
6. CONSENT CALENDAR: MPT/Tye moved, C/Tanaka seconded, to approve the
Consent Calendar as presented. 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 February 2, 2010 —
Approved as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
(a) Regular Meeting of November 10, 2009
(b) Regular Meeting of December 8, 2009
(c) Regular Meeting of January 12, 2010
6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES - Regular Meeting of October 8, 2009.
6.4 RATIFIED CHECK REGISTER - Dated January 28, 2010 through
February 10, 2010 totaling $1,482,794.60.
6.5 ADOPTED RESOLUTION NO. 2010-03: APPROVING INSTALLATION
OF A STOP SIGN ON CHARMINGDALE ROAD AT GOLDRUSH DRIVE.
FEBRUARY 16, 2010 PAGE 4 CITY COUNCIL
6.6 (a) APPROVED CONTRACT AMENDMENT AMOUNT OF $16,200
WITH FS CONSTRUCTION FOR THE 2009-10 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION
PROJECT FOR A TOTAL AUTHORIZATION OF $44,585.
(b) APPROVED CONTRACT AMENDMENT AMOUNT OF $35,800
WITH FS CONSTRUCTION FOR THE 2009-10 COMMUNITY
DEVELOPMENT BLOCK GRANT -RECOVERY (CDBG-R) CURB RAMP
INSTALLATION PROJECT FOR A TOTAL AUTHORIZATION OF
$102,310.
6.7 ADOPTED RESOLUTION NO. 2010-04: A JOINT RESOLUTION OF
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES;
THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT
NO. 21 OF LOS ANGELES COUNTY; THE CITY COUNCILS OF THE
CITY OF DIAMOND BAR, CITY OF INDUSTRY, AND CITY OF WALNUT;
THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES
COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS
OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; THE BOARD
OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT
IMPROVEMENT NO. 5 APPROVING AND ACCEPTING THE
EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM
ANNEXATION OF PARCEL MAP NO. 8024 (WALNUT POOLS, 21450
GOLDEN SPRINGS DRIVE) AND PARCEL MAP NO. 11313 (DIAMOND
BAR AUTO SERVICE, 2161 BREA CANYON ROAD).
6.8 LANDSCAPING ASSESSMENT DISTRICTS:
(a) ADOPTED RESOLUTION NO. 2010-05: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38
AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2010-11.
(b) ADOPTED RESOLUTION NO. 2010-06: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF OPEN SPACE IN THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2010-11.
(c) ADOPTED RESOLUTION NO. 2010-07: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF OPEN SPACE IN THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2010-11.
FEBRUARY 16, 2010 PAGE 5 CITY COUNCIL
6.9 ADOPTED RESOLUTION NO. 2010-08: AMENDING THE FY2009-10
MUNICIPAL BUDGET.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 CONSIDERATION OF DESIGN OF WASHINGTON STREET MINI PARK.
CSD/Rose reported that the City purchased a 15,000 square foot vacant
parcel at the corners of Washington Street and Lincoln for the purpose of
constructing a neighborhood park. Staff conducted two neighborhood
meetings on October 17 and December 17 to receive input from residents
living near the park regarding potential park amenities. The City's
consultant, David Volz Design, developed three concepts that
incorporated workable ideas presented by the residents. The consensus
among the residents attending the December 17 meeting was that option
3, the most passive option, was the most appropriate for the location. On
January 28 the Parks and Recreation Commission reviewed the three
options and unanimously concurred to recommend Option 3 to the City
Council for approval and offered an addendum to the motion that
recommended that tile built by children be built into a rock seat as an art
element for the park as well as, placing children's handprints in the
concrete. Tonight's meeting was noticed to residence living in the
Washington Street Mini Park area and the notice included a copy of
concept 3. In addition, a sign was posted at the park location advertising
tonight's meeting.
Eric Sterling, David Volz Design, explained the details of Concept 3, a
gathering place with lots of seating and lots of shade in addition to the
standard park features including play equipment. Many residents
commented that they wished for the City to replace the tree that for health
reasons had been removed when the City purchased the property.
Concept 3 recommends replacing the tree with a larger boxed tree that is
appropriate for the park. Concept 3 incorporates a green park concept
that will be aesthetically pleasing and cut down on future maintenance
costs. Also included are bio swales, reduction of turf and climate
appropriate plants. The residents were most interested in the climbing
deck structure and rubberized surface and a sand play area rather than
the traditional deck structure. The plan also incorporates a climbing
boulder. Materials include decomposed granite, some concrete paving
under the picnic area, gazebo (main gathering area), flowering trees and
proposed amenities include chess tables, stone seat walls, seating for
individuals in and around the play area, park monument sign, rock garden
walls, barbecues in and around the picnic area, a three -rail fence along
the north side, security lighting, drinking fountain and benches.
FEBRUARY 16, 2010 PAGE 6 CITY COUNCIL
Mr. Sterling displayed and explained character photos and talked about
the elements in each designated area of the park.
M/Herrera asked for the total number of trees that will be planted and the
height of the climbing rock.
Mr. Sterling said the concept proposes 20 to 24 trees. The climbing rock
is determined by the play equipment manufacturer and that the one
displayed is five to six feet in height. Climbing boulders range from three
feet to about seven feet in height.
C/Tanaka thanked the architects for taking time to meet with the residents
and the comments were that the residents wanted a passive gathering
place, barbecue equipment and an overall quiet place for people to gather.
One small child suggested that the park be named "The Presidents Park"
because it would be located at the intersection of Washington and Lincoln.
He thanked CSD/Rose and staff for the community meetings that helped
the architects to bring forth an outstanding project.
C/Everett thanked everyone who participated in the collaboration. He
asked Mr. Sterling if he was involved in the cost of $599,000 included in
the report.
Mr. Sterling said he was involved.
C/Everett asked if there was an annual percentage or dollar maintenance
cost.
CSD/Rose responded that it is included in the financial report and
proposes to be about $18,000 per year.
C/Tanaka moved, MPT/Tye seconded, to approve Concept 3 as
recommended by the Recreation Commission and City staff. 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
CM/DeStefano stated that the next step in the process will be for the
consultant to begin preparing construction documents. This project will
most likely be included in the FY 2010-11 budget cycle for purposes of
funding the project. Staff has also been working with Congressman
Miller's office and tomorrow is the deadline for a variety of applications for
appropriations and this is one of the five applications that the City is
submitting to the Congressman and he and his staff have assisted the City
FEBRUARY 16, 2010 PAGE 7 CITY COUNCIL
in creating an attractive title for the project in order to generate interest
from the decision -makers. Staff is hoping to receive about half of the cost
of the project in a Congressional allocation. If not, staff will continue
searching for resources to build the park because this is a neighborhood
that is without a public park and upon its completion the park will greatly
improve the neighborhood.
8.2 CITY COUNCIL APPOINTMENT OF 2010 PARKS AND RECREATION,
PLANNING COMMISSION AND TRAFFIC AND TRANSPORTATION
COMMISSIONS:
8.2.1 PLANNING COMMISSION — Jack Shah, Kathleen Nolan, Tony
Torng, Steve Nelson and Kwang Ho Lee.
8.2.2 PARKS AND RECREATION COMMISSION — Benny Liang,
Lew Herndon, Dave Roberto, Dave Grundy and Ted Owens.
8.2.3 TRAFFIC AND TRANSPORTATION COMMISSION —
Kevin House, Jimmy Lin, Ted Carrera, Liana Pincher and
Kenneth Mok.
M/Herrera asked if Council Members were offering any changes to the
current status of sitting Commissioners. Council Members unanimously
concurred that the appointments were without change.
C/Tanaka moved, C/Chang seconded, to approve the Commissioners as
presented under Items 8.2.1, 8.2.2 and 8.2.3. 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
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Everett said he was delighted to welcome back to the Public Safety team
Operations Lieutenant, Chris Blasnek. He also stated that he attended a Walnut
Unified School District event where he presented a Classified Employee of the
Year Award to the School Office Manager at Castle Rock Elementary along with
11 other employees of the month.
C/Tanaka attended the ribbon cutting ceremony for Diamond Bar Floral at the
corner of Diamond Bar Blvd. and Grand Ave. and the PUSD Board Meeting. He
and his wife also attended a funeral for Mike Spence, the former D.B. Swim
Coach and asked that tonight's meeting be adjourned in his memory.
FEBRUARY 16, 2010 PAGE 8 CITY COUNCIL
C/Chang said she also attended the ribbon cutting ceremony for Diamond Bar
Floral with her colleagues C/Tanaka, C/Everett and MPT/Tye. She and
M/Herrera attended the U.S. Zhejiang Commerce and Cultural Association where
she presented certificates. Today she met LAPD Chief Beck and heard him
speak at the Rotary Club. She thanked MPT/Tye for inviting her. She too is very
sad about the passing of Coach Spence.
MPT/Tye congratulated Patrick Gallegos for being recognized by his peers as the
"Employee of the Quarter". Last week he attended the Greater Los Angeles
County Vector Control District as the City's trustee. He hoped that residents
would drop by the new location of Basically Books, a much inviting location.
Every dollar spent goes to the Diamond Bar Library.
M/Herrera reported that this morning she enjoyed breakfast with Congressman
Gary Miller, CM/DeStefano and PWD/Liu and Tim Spohn and talked with
Congressman Miller about Federal dollars for the Lemon Avenue Freeway
On/Off Ramp Project as well as the SR57/60 Confluence project. D.B. also
made a pitch for the City's "President's Park," Chino Hills Parkway Beautification
and several other projects. The City hopes to be successful in obtaining the
requested funding. Last Friday she was in a day -long study session with Foothill
Transit. Foothill Transit gets transportation dollars from the State and lately the
State legislature has begun to take those transportation dollars to make up for
the state's deficit. Already in this current fiscal year monies have not arrived at
Foothill Transit and there is a $6 million shortfall. It is anticipated that there will
be another $6 million shortfall for next year as well. So the day was spent
identifying $12 million in cuts for Foothill Transit and unfortunately, those cuts
translate to bus lines being cut. There will be announcements of public hearings
regarding bus lines that run in cities throughout the region. $2.5 million was
identified in administrative expenses and $10 million will be in cuts and services.
Foothill Transit is one of many agencies suffering budget cuts.
RECESS: M/Herrera recessed the regular meeting back to Closed Session at
7:35 p.m.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned
the Regular City Council meeting at 8:40 p.m. in memory of DBHS Swimming Coach,
Mike Spence.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of '2010.
FEBRUARY 16, 2010 PAGE 9 CITY COUNCIL
CAROL HERRERA, MAYOR
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JANUARY 26, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:10 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.
2.
3.
4.
5.
ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathy Nolan and Jack Shah,
Vice Chairman Steve Nelson and Chairman Tony Torng.
Also present: Greg Gubman, Community Development Director; Brad
Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon,
Planning Technician; and Stella Marquez, Senior Administrative Assistant.
INTRODUCTION OF SENIOR PLANNER GRACE LEE.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
5.1 Minutes of the Regular Meeting of January 12, 2010.
C/Nolan moved, C/Shah seconded, to approve the Minutes of the Regular
Meeting of January 12, 2010 as presented. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
6. OLD BUSINESS:
7. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
Lee, Nolan, Shah,
VC/Nelson, Chair/Torng
None
None
JANUARY 26, 2010 PAGE 2
8. PUBLIC HEARINGS:
PLANNING COMMISSION
8.1 Conditional Use Permit and Development Review No. PL 2009-56 —
Under the authority of Diamond Bar Municipal Code Section 22.58, the
applicant, Reliant Land Services, representing AT&T requested approval to
co -locate six antennas onto an existing cell tower.
PROJECT ADDRESS
PROPERTY OWNER:
APPLICANT:
3338 Diamond Canyon Road
(AP N 8269-011-026)
Diamond Bar, CA 91765
Diamond Christian Church
3338 Diamond Canyon Road
Diamond Bar, CA 91765
Reliant Land Services
1594 N. Batavia Street
Orange, CA 92867
PT/Tobon presented staff's report and recommended Planning Commission
approval of Conditional Use Permit and Development Review
No. PL 2009-56, 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.
Richard Ambrosini, Reliant Land Services, thanked PT/Tobon for her report
that represented what AT&T can do in working with cities to provide the
much-needed infrastructure for telecommunications service and providing for
a well-designed and coordinated site. He responded to Chair/Torng that he
read staff's report and concurred with the conditions of approval.
C/Shah asked if the tower was to be painted green and who would maintain
the color. Mr. Ambrosini responded that that stipulation is included in the
lease and lease resolution with the tower owner that is managed by
American Tower. Mr. Ambrosini said the tower would be painted every two
years and graffiti would be removed with all due haste in accordance with the
lease.
JANUARY 26, 2010 PAGE 3
PLANNING COMMISSION
CDD/Gubman thanked C/Shah for his observation because the condition
addresses painting but does not address maintenance. He suggested that
the Commission's motion include additional language to Condition 1) to wit:
"That the tower shall be painted and maintained a dark green color."
Mr. Ambrosini pointed out that this tower is a co -location. American Tower is
the owner and they have been managing and maintaining this tower for
several years since its construction. There are two other carriers currently
sharing the tower and all co -locators share in its maintenance.
C/Nolan asked why a coverage map was not included in the Commissioner's
packets. CDD/Gubman responded that normally that information is included
in the packet and this time it was not. ACA/Wohlenberg stated that normally
coverage maps are provided to address concerns about placement or
aesthetics of the tower and evidence that the applicant must have that tower
at that location in order to enter the wireless market and serve their
customer. In this situation it is less relevant because the tower is in
existence and the aesthetics have been considered. This application speaks
to adding additional panels to an already existing tower which excludes
additional sites.
CDD/Gubman pointed out that a standard condition regarding graffiti removal
is included in the resolution on page 11, Item No. 10.
VC/Nelson again thanked staff for providing before and after visual
simulations. It is very apparent that this project will not noticeably alter this
facility.
C/Lee asked if the City could enforce graffiti removal on private property and
CDD/Gubman responded that within the City's Municipal Code are property
maintenance standards that specifically regulate the exterior appearance of
private property.
C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit and
Development Review No. PL2009-56, based on the Findings of Fact, and
subject to the conditions of approval as listed within the resolution with the
modification to Condition 1 that the applicant will maintain the proposed dark
green color. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Lee, Shah, Nolan, VC/Nelson,
Chair/Torng
None
None
JANUARY 26, 2010 PAGE 4
PLANNING COMMISSION
8.2 Development Review No. PL2009-48 —Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant requested approval for the
following improvements:
Exterior renovation to the front of the home;
• 1,990 square -foot first floor addition;
• 244 square -foot second floor addition; arid
• 127 square -foot third floor addition
The subject property is zoned RR (Rural Residential) with a consistent
underlying General Plan Land Use designation.
PROJECT LOCATION
PROPERTY OWNER/
APPLICANT:
23240 Ridge Line Road
Diamond Bar, CA 91765
David Li
23240 Ridge Line Road
Diamond Bar, CA 91765
CDD/Gubman stated that due to the applicant's failure to post the site with a
public hearing notice as required at least 10 -days prior to the hearing, staff is
requesting that this matter be continued to the Commission's next regular
meeting in order to give the applicant the opportunity to have the site posted
as required.
Chair/Torng opened the public hearing.
There was no one present who wished to speak on this matter.
VC/Nelson moved, C/Shah seconded, to continue the public hearing for
Development Review No. PL2009-48 to February 9, 2010. Motion carried by
the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Shah, Nolan, VC/Nelson,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
All Commissioners welcomed SP/Lee.
JANUARY 26, 2010 PAGE 5 PLANNING COMMISSION
10. STAFF COMMENTSIINFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman reported that at its January 19 meeting the City Council approved the
entertainment ordinance. Staff was directed to report back to the Council in 30 days
to provide information for possible ways to make the ordinance less restrictive.
CDD/Gubman said he had no new updates on the NFL Stadium project. If there is
a team announcement the project will commence in 2010 or 2011. If an
announcement, is made in the very near future, a team will come to the area for the
fall season and temporarily play at the Coliseum and/or Rose Bowl during
construction.
CDD/Gubman stated that Diamond Bar, City of Industry and Caltrans are studying
preliminary designs and golf course design modifications to accommodate the
Grand Avenue interchange improvements for which an Environmental Impact
Report is currently being prepared. The interchange improvements would require
removal of approximately eight acres of the existing golf course property and the
requirement will be to make the golf course whole again with the reconfiguration of
areas near the new Grand Avenue ramps. There is some unused/underutilized
acreage on the golf course property that can now be brought into use to reconstruct
some of the greens and fairways that would be impacted by freeway reconstruction.
The Parks Preservation Act requires that if public parkland is being removed for
something such as highway improvements, there shall be no net loss of the
parkland after the project. Therefore, Caltrans will be required to provide eight
acres of public park/recreation/open space to make up for the acreage that
encompasses that portion of land removed from that portion of public recreation
land use realm. The City will be watching this project closely and will recommend
that replacement acreage be within Supervisor Knabe's district and within the east
San Gabriel Valley area and preferably within the City of Diamond Bar.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
JANUARY 26, 2010 PAGE 6 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:48 p.m.
The foregoing minutes are hereby approved this 9th day of February, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
M:15"-- .
CITY COUNCIL
Agenda # h _
Meeting Date: March 2, 2010
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana er
TITLE: Ratification of Check Register dated�,February 11, 2010 through February
24, 2010 totaling $669,694.49.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $669,694.49 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 February 11, 2010 through
February 24, 2010 for $669,694.49 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:
r,
Fin'ainci Virector Assistant City Manager
Attachments: Affidavit and Check Register — 02/11/10 through 02/24/10.
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 February 11, 2010 through February 24, 2010 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Description
Amount
General Fund
$398,628.02
Community Organization Support Fd
1,175.00
Prop A - Transit Fund
67,873.14
Int. Waste Mgt Fund
7,815.55
CDBG Fund
23,757.37
LLAD 38 Fund
15,873.48
LLAD 39 Fund
13,681.42
LLAD 41 Fund
4,287.17
Capital Improvement Projects Fund
136,603.34
$669,694.49
Signed:
Lolt
Linda G.-Madn6kn
Finance Director
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2118!2010
2/1 812 01 0
2/18/2010
2/18/2010
10 -PP 04
PAYROLL TRANSFER
PAYROLL TRANSFER
PAYROLL TRANSFER
PAYROLL TRANSFER
PIR TRANSFER-10/PP 04
PIR TRANSFER-10/PP 04
P/R TRANSFER-10/PP 04
PIR TRANSFER-10/PP 04
115
125
001
112
10200
10200
10200
10200
2,141.06
1,177.37
152,559.00
1 6,529.06
$162,406.49
1 1
2/11/2010 88490 AJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 71.137 -0
2/11!2010 88491 ALL PRO ROOFING INC RETENTIONS PAYABLE 125 20300 -1,014.00 $9,126.00
211 112 01 0 ALL PRO ROOFING INC JHIP PROG-23662 MEANDERING 1255215 1 44000 10,140.00
2/11/2010
88492
AMERICAN CANCER SOCIETY
PROCEEDS -WINTER S/FEST
I 0015350
I 45300
265.701
:Ozoa. I
2111/2010
88497
IBOY SCOUT TROOP 730
PROCEEDS -WINTER S/FEST
0015350 1
45300
265.701
$265.70
2/11/2010
2/11/2010
88493
88494
AMERICOMP GROUP INC
AMERITECH BUSINESS SYSTEMS INC
SUPPLIES -TONERS
MAINT COPIER
0014070
0014090
45000
42100
276.57
784.81
$276.57
$784.81
2!11!2010 88495 ARCHITERRA DESIGN GROUP INC DESIGN SVCS-SYC CYN TRAIL 2505310 R46415 500.00 $908.91
2/11/2010 ARCHITERRA DESIGN GROUP INC DESIGN SVCS -MINI PARKS 2505310 46415 387.90
2111/2010 ARCHITERRA DESIGN GROUP INC DESIGN SVCS -MINI PARKS 2505310 46415 21.00
2/11/2010
88496
JOHN E BISHOP
ICONTRACT CLASS -WINTER
0015350 1
45320 1
753.00
40r00.UU
2111/2010
88497
IBOY SCOUT TROOP 730
PROCEEDS -WINTER S/FEST
0015350 1
45300
265.701
$265.70
2/1112010
88498
BOY SCOUT TROOP 777
PROCEEDS -WINTER S/FEST
0015350
45300
265.70
$265.70
2/11/2010j
88499
IKATViY BREAUX
CONTRACT CLASS -WINTER
0015350 1
45320
172.80
$172.80
2/11/2010
88500
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES -DBC
0015333
41200
13.17
$13.17
2/11/2010
88501
CALIFORNIA POLITICAL WEEK
PUBLICATIONS -FY 10/11
0014030
42320
100.00
$100.00
2/11/2010
88502
CAROL A HERRERA
REIMB-LEAGUE CONF
0014010
42330
54.00
$54.00
2/11/20101
88503
ICAYETANOS HOME FOR CHILDREN
PROCEEDS -WINTER S/FEST
0015350
45300
265.70
$265.70
2!11/2010
88504
CAYETANO'S HOME FOR CHILDREN
PROCEEDS -WINTER S/FEST
0015350
45300
265.70
$265.70
Page 1
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date (Check Number) Vendor Name I Transaction Description I Fund/ Dept I Acct# I Amount ITotal Check Amount
1 2/11/2010 I
88505
1CDW GOVERNMENT INC.
IANNL MAINT-SOFTWARE
1 0014070
1 42205 1
4,074.071
$4,074.071
2/11/2010
CAROL DENNIS
1PROF.SVCS-P/C MTG
0015210
44000
1
75.00
2/11/2010 1
88506
ICENTER ICE SKATING ARENA
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
66.00
$66.00
I
2/11/2010 1
88507
ICHAPARRAL MIDDLE SCHOOL LEO CLUB
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.701
$265.70
2/11/2010 1
88508
ICITY OF SIGNAL HILL
IMEMBERSHIP DUES -JAN -JUN
0015510
1 44240 1
1,250.001
$1,250.00
2/11/2010 1
88509
ICOMMUNITY DEVELOPMENT COMMISSION
IHIP PRG -21352 FNTN SPGS
1 125
1 36700 1
10,000,001
$10,000.00
2/11/2010 1
88510
ICRAFCOINC
SUPPLIES -ROAD MAINT
1 0015554
1 41250 1
587.251
$587.25
2/11/2010 1
88511
IPETER CROTTY
IFACILITY REFUND -HERITAGE
001
1 23002 1
200.00
$200.00
2/11/2010 1
88512
ICSI SURVEILLANCE SYSTEMS INC
IMAINT SVCS -DBC
0015333
1 42210 1
285.001
$285.00
2/11/2010 1
88513
JDAVID J. GRUNDY
IP & R COMM -1128
0015350
1 44100 1
45.001
$45.00
2/11/2010
118,514
CAROL DENNIS
PROF.SVCS-P/R COMM
0015310
44000
150.00
$225.00
2/11/2010
CAROL DENNIS
1PROF.SVCS-P/C MTG
0015210
44000
1
75.00
2/11/2010 1 88515 IDEPARTMENT OF JUSTICE IFINGERPRINTING-H/R 1 0014060 1 42345 1 64.00 $64.00
2/11/2010
88516
DH MAINTENANCE
JANITORIAL SVCS -DBC
0015333
45300
12,250.83
$13,111.00
2/11/2010
DH MAINTENANCE
JANITORIAL SVCS -PARKS
0015340
42210
735.17
2/11/2010
88518
DH MAINTENANCE
ADDL MAINT-DBC
0015333
45300
125.00
$75.00
2/11/2010 1
88517
IDIAMOND BAR AAUW
PROCEEDS -WINTER S/FEST
0015350
1 45300 1
265.701
$265.70
i
2/11/2010 1
88518
IDIAMOND BAR CHINESE AMERICAN ASSN
BOOTH SPACE -CHINESE N/YR
0114010
1 42355 1
76.001
$75.00
I
2/11/2010 1
88519
IDIAMOND BAR COMMUNITY PRE SCHOOL
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.701
$265.70
2/11/2010 1
88520
IDIAMOND BAR HIGH SCHOOL LEO CLUB
PROCEEDS -WINTER S/FEST
0015350
1 45300 1
265.701
$265.70
2/11/2010 1 88521 IDIAMOND BAR INTERNATIONAL DELI JMTG SUPPLIES -4 CORNERS 1 0014090 1 42325 1 178.00 $178.00
Page 2
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
2/11/2010
88524
DIVERSIFIED PARATRANSIT INC
HOLIDAY RIDE -DEC 09
1125553
45315
1 4,813.60
Total Check Amount
Check Date
Check Number
Vendor Name
DIAMOND RIDE -DEC 09
Transaction Description
45529
1
Fund/ Dept
Acct #
Amount I
88526
DUNN'S FENCE COMPANY
ITEMP FENCING -PETERSON
1 0015340
1 42210 1
2,000.001
$2,000.00
$265.70
2/11/2010
1 88522 IDIAMOND
BAR POP WARNER
PROCEEDS -WINTER S/FEST
0015350 1
45300 1
265.701
2/11/2010
88533
IGRAFFITI CONTROL SYSTEMS
IGRAFFITI REMOVAL -JAN 10
0015230
1 45520 1
5,200.001
$265.70
2/11/2010
88523 IDIAMOND
BAR WOMANS CLUB
PROCEEDS -WINTER S/FEST
0015350 1
45300 1
265.701
2/11/2010
88524
DIVERSIFIED PARATRANSIT INC
HOLIDAY RIDE -DEC 09
1125553
45315
1 4,813.60
$38,710.10
2/11/2010
DIVERSIFIED PARATRANSIT INC
DIAMOND RIDE -DEC 09
1125553
45529
1
1 33,896.50
$45.00
2/11/2010 1
88525
IDUKE SERVICE COMPANY
MAINT-DBC
1 0015333
1 42210 1
127.381
$127.38
2/11/2010
EXCEL LANDSCAPE
LANDSCAPE MAINT-DIST 38
1385538
45500
11,608.00
$45.00
2/11/2010 1
88526
DUNN'S FENCE COMPANY
ITEMP FENCING -PETERSON
1 0015340
1 42210 1
2,000.001
$2,000.00
2/11/2010
88527
EXCEL LANDSCAPE
ADDL MAINT-DIST 38
1385538
42210
860.00
$28,222.82
2/11/2010
EXCEL LANDSCAPE
LANDSCAPE MAINT-DIST 38
1385538
45500
11,608.00
$45.00
2/11/2010
88529
EXCEL LANDSCAPE
LANDSCAPE MAINT-DIST 39
1395539
45500
11,610.95
$900.00
2/11/2010
EXCEL LANDSCAPE
LANDSCAPE MAINT-DIST 41
1415541
45500
4,143.87
2/11/2010 1
88528
JDAVID FERNANDEZ
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
675.001
$675.00
2/11/2010
GFB FRIEDRICH & ASSOCIATES INC.
LLAD SVCS -DIST 39
1395539
44000
121.67
$45.00
2/11/2010 1
88529
IFIRST CLASS EVENTS
IFACILITY REFUND -DBC
1 001
1 23002 1
900.001
$900.00
2/11/2010
88530
GFB FRIEDRICH & ASSOCIATES INC.
LLAD SVCS -DIST 38
1385538
44000
121.66
$365.00
2/11/2010
GFB FRIEDRICH & ASSOCIATES INC.
LLAD SVCS -DIST 39
1395539
44000
121.67
$45.00
2/11/2010
88532
GFB FRIEDRICH & ASSOCIATES INC.
LLAD SVCS -DIST 41
1415541
44000
121.67
$850.00
2/11/2010 1
88531
IGIRL SCOUT TROOP 495
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.701
$265.70
211112010
IGRAYBAR
GRAYBAR
SUPPLIES -DBC
0015333
41200
1
323.91
$45.00
2/11/2010
88532
JGOVPARTNER
IREQUEST PARTNER -FEB 10
0014070
1 44030 1
850.001
$850.00
2/11/2010
88533
IGRAFFITI CONTROL SYSTEMS
IGRAFFITI REMOVAL -JAN 10
0015230
1 45520 1
5,200.001
$5,200.00
2/11/2010
88534
ISHANNONGRIFFITHS
SUPPLIES -DBC
0015333
41200
1,103.32
$1,427.23
211112010
IGRAYBAR
GRAYBAR
SUPPLIES -DBC
0015333
41200
1
323.91
$45.00
2/11/2010
88535
ISHANNONGRIFFITHS
ICONTRACT CLASS -WI NTER
1 0015350
1 45320 1
240.001
$240.00
$45.00
2/11/2010
88536
LEW HERNDON
I P & R COMMA/28
1 0015350
1 44100 1
45.001
Page 3
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name
I Transaction Description
I Fund/ Dept I
Acct # I
Amount
I Total Check Amount
2/11/2010
88537 IHOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340 1
42210 1
101,171
$101.17
2/11/2010 1
88542
IJACK F TANAKA
REIMB-LEAGUE MTG
1 0014010
1 42330 1
2/11/2010
88538 ICARMEN HURTADO
RECREATION REFUND
001 1
34780 1
83.00
$83.00
44020
53.40
2/11/2010
88543
1 MOHAMAD R JAHANVASH
ICONTRACT CLASS -WINTER
2/11/2010
88539 JINCONTACT INC
LONG DIST SVCS -JAN 2010
0014090 1
42125 1
52.321
$52.32
2/11/2010
88540
VALLEY DAILY BULLETIN
LEGAL SVCS -FPL 2009-342
001
23010
368.75
$713.75
2/11/2010
JINLAND
INLAND VALLEY DAILY BULLETIN
LEGAL SVCS -FPL 2009-371
001
23010
345.00
2/11/2010 1
88541
JITALIAN CATHOLIC FEDERATION
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.701
$265.70
2/11/2010
JENKINS & HOGIN, LLP
LEGAL SVCS -IAN 2010
0014020
44020
3,880.40
2/11/2010 1
88542
IJACK F TANAKA
REIMB-LEAGUE MTG
1 0014010
1 42330 1
13.541
$13.54
2/11/2010
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM SVCS JAN
0014020
44020
53.40
2/11/2010
88543
1 MOHAMAD R JAHANVASH
ICONTRACT CLASS -WINTER
10015350
1 45320 1
144.001
$144.00
2/11/2010
88544
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WRKS JAN
0014020
44020
498.40
$5,357.80
2/11/2010
JENKINS & HOGIN, LLP
LEGAL SVCS -IAN 2010
0014020
44020
3,880.40
2/11/2010
88546
JENKINS & HOGIN, LLP
LEGAL SVCS -COM DEV JAN
0014020
44020
925.60
$83.00
2/11/2010
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM SVCS JAN
0014020
44020
53.40
2/11/2010 1
88545
IKENS HARDWARE
SUPPLIES -ROAD MAINT
1 0015554
1 41250 1
98.941
$98.94
2!11/2010
LANTERMAN DEV CENTER/COMM INDUSTRIE
PARKWAY MAINT-JAN 2010
0015558
1 45503
1,982.76
2/11/2010 1
88546
JELSIE KIM
IRECREATION REFUND
1 001
1 34780 1
83.001
$83.00
2/11/2010 1
88547
1GABRIELA KLEIN
CONTRACT CLASS -WINTER
1 0015350
1 45320 1
1,950.00
$1,950.00
2/11/2010 1
88548
ILA DATA SECURITY CORP
JDATA STORAGE SVCS -JAN
1 0014070
1 45000 1
620.001
$620.00
2/11/2010 1
88549
ILAE ASSOCIATES INC
PROF.SVCS-ENGINEERING
1 0015551
1 45221 1
550.001
$550.00
2111/2010
88550
LANTERMAN DEV CENTER/COMM INDUSTRIE
PARKWAY MAINT-DEC 09
0015558
1 45503
11982.76
$3,965.52
2!11/2010
LANTERMAN DEV CENTER/COMM INDUSTRIE
PARKWAY MAINT-JAN 2010
0015558
1 45503
1,982.76
2111/2010
88551
LEAD TECH ENVIRONMENTAL
HIP PROG-24005 PALOMINO
1255215
44000
635.00
$2,440.00
2/11/2010
LEAD TECH ENVIRONMENTAL
HIP PROG-897 ADAMSGROVE
1255215
44000
675.00
2/11/2010
LEAD TECH ENVIRONMENTAL
HIP PROG-23662 MEANDERING
1255215
44000
495.00
Page 4
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/11/2010 88551...
ILEAD TECH ENVIRONMENTAL
IHIP PROG-20949 MOONLAKE
1255215
44000
635.00
$2,440.00 ...
2/11/2010 1 88552 ITAU YUN LEIN IRECREATION REFUND 1 001 1 34780 1 99.00 $99.00
2/11/2010
88553
LEWIS ENGRAVING INC.
ENGRAVING SVCS -BADGE
0014090
1 42113
14.04
$40.33
2/11/201
ILEWIS ENGRAVING INC.
SUPPLIES -GENERAL
0014090
41200
26.29
2/11/2010 1
88554
ILEXISNEXIS MATTHEW BENDER
SUPPLIES -SHERIFF
0014411
1 41200 1
40.021
$40.02
2/11/2010 1
88555
IBENNY LIANG
P & R COMM -1/28
0015350
1 44100 1
45.001
$45.00
2/11/2010 1
88556
ISHERI LIEBE
ICONTRACT CLASS -WINTER
0015350
1 45320 1
132.00
$132.00
2/11/2010 1
88557
ILOS ANGELES COUNTY FIRE DEPARTMENT
1COMIM ORG FUND -POST 19
0114010
1 42355 1
1,000.001
$1,000.00
2/11/2010 1
88558
ITHOMAS LOTT
SUPPLIES- ST SWPNG MAGNET
1155516
1 41200 1
1,601.571
$1,601.57
2/11/2010 1
88559
ISURENDRA MEHTA
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
414.001
$414.00
2/11/2010 1
88560
IMISS DIAMONDBAR PAGEANT INC
ICOMM ORG SUPPORT FUND
1 0014010
1 42325 1
1,500.001
$1,500.00
2/11/2010 1
88561
1 MT CALVARY LUTHERAN CHURCH & SCHOOL
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265,701
$265.70
2/11/2010 1
88562
IJACQUELINE NG
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
216.001
$216.00
2/11/2010 1
88563
ITED OWENS
IP & R COMM -1/28
1 0015350
1 44100 1
45.001
$45.00
2/11/2010 1
88564
JPOMONA JUDICIAL DISTRICT
IPARKING CITATION FEES -DEC
001
1 32230 1
3,353.50
$3,353.50
2/11/2010 1
88565
1PROTECTION ONE INC
JALARM SVCS -DBC FEB 10
1 0015333
1 42210 1
.54,081
$54.08
2/11/2010 1
88566
IR F DICKSON COMPANY INC
JDEBRIS COMPOSTING -JAN
1155515
1 45500 1
3,903.48
$3,903.48
2/11/2010 1
88567
INICHOLAS RIVERA
IRECREATION REFUND
1 001
1 34780 1
83.001
$83.00
2/11/2010 1
88568
ITONY ROBIN
IRECREATION REFUND
1 001
1 34720 1
95.001
$95.00
Page 5
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/11/2010
88569
RUBEN PATRICK GALLEGOS JR
REIMB-HOLIDAY LTG CONTEST
0015510
42325
131.58
$131.58
2/11/2010 1
88570
IRUTH M. LOW
I P & R COMM -1/28
0015350
44100 1
45.00
$45.00
2/11/2010
1
SIMPSON ADVERTISING INC
DESIGN SVCS -PROMO CARD
0014095
44000
1,281.06
2/11/2010 1
88571
IDELVER SAGUAN
IFACILITY REFUND -DBC
1 001
23002
350.00
$350.00
2/11/2010
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
40.44
2/11/2010 1
88572
SUMIA SAIDI
IFACILITY REFUND -DBC
001
1 36615 1
400.001
$400.00
2/11/2010 1
88573
SHRED IT LOS ANGELES
DOC DESTRUCTION -JAN 2010
0014030
1 41200 1
165.00
$165.00
2/11/2010 1
88574
ISTACEY SILVA
IFACILITY REFUND -DBC
001
1 23002 1
100.001
$100.00
2/11/2010
88575
SIMPSON ADVERTISING INC
DESIGN SVCS -DB CONNECTION
0014095
44000
675.00
$4,031.06
2/11/2010
1
SIMPSON ADVERTISING INC
DESIGN SVCS -PROMO CARD
0014095
44000
1,281.06
2/11/2010
88578
SIMPSON ADVERTISING INC
DESIGN SVCS -FEB 2010
0014095
44000
2,075.00
$265.70
2/11/2010
88576
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
541.31
$1,579.29
2/11/2010
1
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
239.67
2/11/2010
88578
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
757.87
$265.70
2/11/2010
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
40.44
2/11/2010 1
88577
IST DENIS KNIGHTS OF COLUMBUS
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.701
$265.70
2/11/2010
1
THE COMDYN GROUP INC
SVCS -GIS 1/29
0014070
44000
1
1 1,056.25
2/11/2010 1
88578
ST DENIS KNIGHTS OF COLUMBUS
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.70
$265.70
2/11/2010 1
88579
ITELEPACIFIC COMMUNICATIONS
T1 INTERNET SVCS -FEB 2010
1 0014070
1 44030 1
975.601
$975.60
2/11/2010
88580
THE COMDYN GROUP INC
]CONSULTING
CONSULTING SVCS -GIS 1/29
0014070
44000
1,948.80
$3,005.05
2/11/2010
1
THE COMDYN GROUP INC
SVCS -GIS 1/29
0014070
44000
1
1 1,056.25
2111120111
88581
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD -FPL 2009-342
001
23010
318.00
$618.50
2/11/2010
1
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD -FPL 2009-371
001
23010
300.50
2/11/2010 1
88582
ITIME WARNER
IMODEM SVCS -CITY HALL
0014070
1 44030 1
140.86
$140.86
2/11/2010 1
88,583
TIME WARNER
MODEM SVCS-I.T.
1 0014070
1 44030 1
252.601
$252.60
Page 6
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name
Transaction Description Fund/ Dept
Acct # Amount Total Check Amount
1
2/11/2010
1 88584
ITIME WARNER CABLE MEDIA SALES
AD -DBC 0014095
42115 1 1,272.001 $1,272.00
2111/2010 1
88585
ITOGETHER WE RISE
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.701
$265.70
2/11/2010
JWELLDYNERX
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
30.03
2/11/2010
88586
ITRAFFIC CONTROL SERVICE INC
SUPPLIES -ROAD MAINT
1 0015554
1 41250 1
441.211
$441.21
2/11/2010
VERIZON CALIFORNIA
PH.SVCS-PETERSON
0015340
42125
93.06
2/11/2010
88587
JTRG LAND INC
PROF.SVCS-SITED JAN 10
1 0014096
1 R44000 1
689.50
$689.50
211112010
VERIZON CALIFORNIA
PH.SVCS-HERITAGE C/CTR
0015340
42125
37.56
2/11/2010 1
88588
JUS HEALTHWORKS MEDICAL GROUP PC
IFLU VACCINATIONS -STAFF
1 0014060
1 44000 1
75.001
$75.00
2/11/2010 1
88589
US POSTAL SERVICE (HASLER)
SUPPLIES -POSTAGE
1 0014090
1 42120 1
5,000.001$5,000.00
2/11/2010 1
88590
INFALLEY CREST LANDSCAPE MAINT INC
IRETENTIONS PAYABLE
1 001
1 20300 1
8,741.471
$8,741.47
2/11/2010
88591
VERIZON CALIFORNIA
PH.SVCS-FAX LINE
0014010
42125
40.01
$1,024.33
2/11/2010
JWELLDYNERX
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
30.03
2/11/2010
88593
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
763.64
$265.70
2/11/2010
VERIZON CALIFORNIA
PH.SVCS-PETERSON
0015340
42125
93.06
2/11/2010
VERIZON CALIFORNIA
PH.SVCS-HERITAGE
0015340
42125
60.03
211112010
VERIZON CALIFORNIA
PH.SVCS-HERITAGE C/CTR
0015340
42125
37.56
2/11/2010 1
88592
IVISION INTERNET PROVIDERS INC
IWEBSITE DESIGN-P/INFO
1 0014095
1 44000 1
2,647.501
$2,647.50
2!11!2010
JWELLDYNERX
WALNUT VALLEY WATER DISTRICT
IWATER SVCS -DIST 38
1385538
1 42126
216.08
2/11/2010 1
88593
JWALNUT VALLEY ROTARY
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.701
$265.70
2/11/2010
88594
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 38
1385538
42126
1,083.87
$1,299.95
2!11!2010
JWELLDYNERX
WALNUT VALLEY WATER DISTRICT
IWATER SVCS -DIST 38
1385538
1 42126
216.08
2/11/2010
88595
SANITARY SUPPLY
SUPPLIES -PARKS
0015340
41200
144.19
$816.98
2/11!2010
JWELLDYNERX
IWAXIE
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
1 41200
1 672.79
2/1112010
88596
SHARP SVCS -JAN 10
1155515
44000
120.96
$169.44
2/11/2010
JWELLDYNERX
WELLDYNERX
SHARP SVCS -JAN 10
1155515
44000
1
1 48.48
2/11/2010 1 88597 IWEST COAST MEDIA AD -STATE OF THE CITY FEB 1 0014095 1 42115 1 700.001 $700.00
Page 7
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name Transaction Description
Fund/ Dept
Acct #
I Amount
I Total Check Amount
2/11/2010
88598
THERESAWINECKI CONTRACT CLASS -WINTER
0015350
1 45320
1 360.001
$360.00
2/11/2010 1
88599
JWQA
MTG-COUNCIL
1 0014010
1 42325 1
25.001
$25.00
2/18/2010
JDH MAINTENANCE
JANITORIAL SVCS -PARKS
0015340
42210
735.17
2/11/2010 1
88600
JYMCA INDIAN PRINCESSES
PROCEEDS -WINTER S/FEST
1 0015350
1 45300 1
265.70
$265.70
2/12/2010 1
88601
jWQA
MTG-DOYLE/MCLEAN
10014030
1 42325 1
50.001
$50.00
2/18/2010 1
88602
JALL CITY MANAGEMENT SERVICES
ICROSSING GUARD SVCS -JAN
1 0014411
1 45410 1
6,916.021
$6,916.02
2/18/2010 1
88603
JALL PRO ROOFING INC
HIP PROG-23662 MEANDERING
1 1255215
1 44000 1
1,014.001
$1,014.00
2/18/2010 1
88604
JAMERICOMP GROUP INC
TONERS -PRINTER
10014070
1 45000 1
730.941
$730.94
2/18/2010 1
88605
IDEBBIE AVILA
ICONTRACT CLASS -WINTER
0015350
1 45320 1
288.00
$288.00
2/18/2010 1
88606
113ENESYST
IFLEX ADMIN SVCS -2ND QTR
0014060
1 42346 1
100.001
$100.00
2/18/2010 1
88607
113ENESYST
2/19/10-P/R DEDUCTIONS
1 001
1 21105 1
722.011
$722.01
2/18/2010 1
88608
ICALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES -DBC
1 0015333
1 41200 1
430.331
$430.33
2/18/2010
88609
ICALSENSEINC.
REPLACEMENT -IRRIGATION
1 0015340
1 42210 1
384.131
$384.13
2/18/2010
88610
IGHEMSEARCH
SUPPLIES -DBC
1 0015333
1 41200 1
156.231
$156.23
2/18/2010 1
88611
1CONSTANCE J. LILLIE
ICONTRACT CLASS -WINTER
10015350
1 45320 1
288.00
$288.00
2/18/2010 1
88612
ICOUNTY OF LOS ANGELES
IST ASSESSMENT-SYC CYN PK
1 0015310
1 44000 1
39.001
$39.00
2/18/2010 1
88613
ID & J MUNICIPAL SERVICES INC
I BLDG & SFTY SVCS -JAN 10
0015220
1 45201 1
21,659.351
$21,659.35
2/18/2010 1
88614
ICAROL DENNIS
PROF.SVCS-CNCL MTG
0014030
1 44000 1
150.001
$150.00
2/18/2010
88615
DH MAINTENANCE
JANITORIAL SVCS -DBC
0015333
45300
12,250.83
$12,986.00
2/18/2010
JDH MAINTENANCE
JANITORIAL SVCS -PARKS
0015340
42210
735.17
Page 8
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/18/2010
2/18/2010
88616
DIAMOND BAR HAND CAR WASH
DIAMOND BAR HAND CAR WASH
CAR WASH -POOL VEH
CAR WASH -ROAD MAINT
0014090
0015554
42200
42200
67.94
35.00
$102.94
2/18/2010
88617
DMS CONSULTANTS CIVIL ENGINEERS INC
ST REHAB PROJ-ZONE 3 & 4
2505510
46411
17,344.50
$42,574.50
2/18/2010
DMS CONSULTANTS CIVIL ENGINEERS INC
CURB RAMP -CASTLE ROCK
2505510
46420
11,060.00
2/18/2010
88619
DMS CONSULTANTS CIVIL ENGINEERS INC
CURB RAMP -EVERGREEN
2505510
46420
14,170.00
$3,300.00
2/18/2010 1
88618
IDOG DEALERS INC
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
192.001
$192.00
2/18/2010
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2009-368
001
23010
34.80
2/18/2010 1
88619
IDOGGIE WALK BAGS INC
SUPPLIES -PARKS
0015340
1 41200 1
1,695.251$1,695.25
$3,300.00
2/18/2010
88620
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -GENERAL
0014090
42120
34.80
$139.20
2/18/2010
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2009-368
001
23010
34.80
2/18/2010
88623
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2009-374
001
23010
34.80
$3,300.00
2/18/2010
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2009-373
001
23010
34.80
2/18/2010
88621
FS CONSTRUCTION
CDBG CURB RAMP -EVERGREEN
2505510
46420
53,610.00
$68,755.50
2/18/2010
FS CONSTRUCTION
RETENTIONS PAYABLE
250
20300
-2,278.50
2/18/2010
88623
FS CONSTRUCTION
RETENTIONS PAYABLE
250
20300
-5,361.00
$3,300.00
2/18/2010
FS CONSTRUCTION
CDBG CURB RAMP -CASTLE RCK
2505510
46420
22,785.00
2/18/2010 1
88622
GARCIA'S FENCE CORP
IFENCE REPAIRED-SYC CYN PK
0015340
1 42210 1
1,995.001
$1,995.00
2/18/2010 1
88623
IGO LIVE TECHNOLOGY INC
PROF.SVCS-CITY VIEW 2/12
1 001
1 23005 1
3,300.001
$3,300.00
2/18/2010 1
88624
IGRAYBAR
SUPPLIES -DBC
1 0015333
1 41200 1
82.821
$82.82
2/18/2010 1
88625
IGREGORY S GUBMAN
REIMB-STAFF MTG
0015210
1 42325 1
54.16
$54.16
2/18/2010 1
88626
JKLIN HUA HSU
IRECREATION REFUND
001
23002 1
20.001
$20.00
2/18/2010 1
88627
IJ P NOLAN CO
IPOWER CORDS -CITY B/DAY
0015350
1 42353 1
1,356.901
$1,356.90
2/18/2010 1
88628
JUDICIAL DATA SYSTEMS CORPORATION
IPARKING CITE ADMIN -JAN 10
0014411
1 45405 1
1,652.881
$1,652.88
2/18/2010 1
88629
IKOACORPORATION
JINTERCONNECT LINKS -DEC
1 2505510
1 R46412 1
5,187.351
$5,187.35
Page 9
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
I Amount
I Total Check Amount
2/18/2010 1 88630
LEIGHTON &ASSOCIATES, INC.
PROF.SVCS-PLAN CHECK
2505310
1 R46415
I 2,164.50
$2,164.50
2/18/2010 1
88631
LEWIS ENGRAVING INC.
JENGRAVING SVCS -CITY TILE
1 0014090
1 42113 1
19.761
$19.76
2/18/2010
1
MCE CORPORATION
RIGHT-OF-WAY MAINT-JAN 10
0015554
45522
2,770.49
$500.00
2/18/2010 1
88632
ISHERI LIEBE
ICONTRACT CLASS -WINTER
1 0015350
1 45320 1
39.001
$39.00
2/18/2010
MCE CORPORATION
VEGETATION CONTROL -JAN
0015558
45508
6,083.17
2/18/2010 1
2/18/2010 1
88633
ILORBEER MIDDLE SCHOOL
ICOMMUNITY ORG FUND
1 0114010
1 42355 1
100.001
$100.00
2/18/2010 1
88634
ILOS ANGELES COUNTY PUBLIC WORKS
ISUMP PUMP MAINT-DEC
1 0015340
1 42210 1
219.651
$219.65
2/18/2010
88635
MCE CORPORATION
ROAD MAINT SVCS -JAN 10
0015554
45502
6,260.65
$18,529.17
2/18/2010
1
MCE CORPORATION
RIGHT-OF-WAY MAINT-JAN 10
0015554
45522
2,770.49
$500.00
2/18/2010
88638
MCE CORPORATION
ADDL SVCS-SNOWFEST
0015350
45300
460.83
$214.89
2/18/2010
MCE CORPORATION
VEGETATION CONTROL -JAN
0015558
45508
6,083.17
2/18/2010 1
2/18/2010
88639
MCE CORPORATION
STORM DRAIN MAINT-JAN 10
0015554
45512
2,954.03
$8.00
2/18/2010
88636
MONICA GRACE MEDRANO
FACILITY REFUND -DBC
001
23002
100.00
$45.00
2/18/2010
1
MONICA GRACE MEDRANO
FACILITY CHARGES -DBC
001
36615
-55.00
$500.00
2/18/2010 1
88637
ISARAH MICHAEL
IFACILITY REFUND -DBC
1 001
1 23002 1
100.001
$100.00
2/18/2010
1
RAYMOND OBIAMALU
FACILITY CHARGES -DBC
001
36615
-75.001
$500.00
2/18/2010
88638
IMINUTEMAN PRESS R & D BLUEPRINT
IPRINT SVCS-SYC CYN TRIAL
1 2505310
1 46415 1
214.891
$214.89
$530.20
2/18/2010 1
2/18/2010 1
88639
IMOBILE INDUSTRIAL SUPPLY INCORP
SUPPLIES -DBC
1 0015333
1 41200 1
8.001
$8.00
2/18/2010 1
88640
IKAORI NIKRAVAN
RECREATION REFUND
1 001
1 34780 1
65.001
$65.00
2/18/2010 1
88641
INUMARA SOFTWARE INC
ICOMP MAINT-I.T.
1 0014070
1 42205 1
3,661.251
$3,661.25
2/18/2010
88642
RAYMOND OBIAMALU
FACILITY REFUND -DBC
001
23002
500.00
$425.00
1
2/18/2010
1
RAYMOND OBIAMALU
FACILITY CHARGES -DBC
001
36615
-75.001
$500.00
2/18/2010 1
88643
JORKIN PEST CONTROL INC
IPEST CONTROL SVCS-B/CYN
1 1385538
1 45500 1
63.371
$63.37
$500.00
2/18/2010 1
88644
IVICTORIA PEREZ
IFACILITY REFUND -DBC
1 001
1 23002 1
500.00
$530.20
2/18/2010 1
88645
1PERS RETIREMENT
ISURVIVOR BENEFIT
1 001
1 21109 1
8.00
Page 10
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
I Total Check Amount
2/18/2010
2/18/2010
88645...
PERS RETIREMENT
PERS RETIREMENT
RETIRE CONTRIB-EE
RETIRE CONTRIB-ER
001
001
21109
21109
208.88
t 313.32
$530.20 ...
2/18/2010
88646
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
47.43
$25,468.53
2/18/2010
PERS RETIREMENT FUND
RETIRE CONTRIB-EE
001
21109
10,168.46
2/1 812 01 0
88654
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
001
21109
15,252.64
$13,499.00
2/18/201088647 IQUINN RENTAL SERVICES JEQ REPAIR -DBC 1 0015333 1 42130 1 98.561 $98.56
2/18/2010
88648
REGIONAL TAP SERVICE CENTER
CITY SUBSIDY -DEC 09
1125553
45533
2,543.15
$22,633.98
2/1812010
REGIONAL TAP SERVICE CENTER
TAP PASSES -JAN 10
1125553
45535
7,934.60
2 /1 812 01 0
88654
REGIONAL TAP SERVICE CENTER
CITY SUBCITY-JAN 10
1125553
45533
1,983.65
$13,499.00
2/18/2010
REGIONAL TAP SERVICE CENTER
TAP PASSES -DEC 09
1125553
45535
10,172.58
2/18/2010 88649 SAN GABRIEL VALLEY COUNCIL OF GOVT TAC MTGLIU/YEE 2/22 0015510 42325 50.00 $50.00
2/18/2010
88650
SMART 8 FINAL
SUPPLIES -COMM SVCS
0015350
41200
516.82
$1,257.18
2/18/2010
TRFFC MNGMENT SYS -FEB 10
SMART & FINAL
SUPPLIES -WINTER S/FEST
0015350
41200
590.09
211812010
88654
SMART &FINAL
SUPPLIES -SR BINGO
0015350
41200
150.27
$13,499.00
2/18/2010 88651 ISO CAL SANITATION JEQ RENTAL -WINTER S/FEST 1 0015340 1 42130 1 865.731 $865.73
2/18/2010 1 88652 ISO COAST AIR QUALITY MGT DISTRICT EMISSION FEES -DBC 0015333 1 45300 109.00 $402.21
2/18/2010 SO COAST AIR QUALITY MGT DISTRICT IELEC GENERATOR DIESEL FEE 0015333 45300 293.21
2/18/2010
88653
SOUTHERN CALIFORNIA EDISON
JELECT SVCS -DBC
0015333
42126
3,539.96
$3,539.96
ITRANSCORE LLC
TRFFC MNGMENT SYS -FEB 10
2505510
R46412
8,319.70
2/18/2010
88654
SWRCB ACCOUNTING OFFICE
jNPDES ANNL FEES -7/09-6/10
0015510
44240
13,499.001
$13,499.00
2/18/2010
88655
jSWRCB ACCOUNTING OFFICE
ISYS OVRFLW FEE -7109-6-/10
0015510
44240
6,577.00
$6,577.00
2/18/2010
88656
ITHE SAN GABRIEL VALLEY NEWSPAPER GR
ILEGAL AD-NTMP CLEGHORN
2505510
46412
158-001
$158.00
2/18/2010
88657 TRANSCORE LLC
TRFFC MNGMENT SYS -FEB 10
2505510
1 R46412
8,320.00
$16,639.70
2/18/2010
ITRANSCORE LLC
TRFFC MNGMENT SYS -FEB 10
2505510
R46412
8,319.70
Page 11
City of Diamond Bar - Check Register 02/11/10 thru 02/24/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total Check Amount
2/18/2010
2/18/2010
88658
VALLEY CREST LANDSCAPE MAI NT INC
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-WINTER S/FEST
ADDL MAINT-SYC CYN TRAIL
0015350
0015340
45300
42210
787.50
1,223.43
$2,010.93
2/18/2010 1
88659
IVANTAGEPOINTTRNSFRAGNTS-303248
2119/10-P/R DEDUCTIONS
1 001
1 21108 1
5,135.111
$5,135.11
2/18/2010
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 39
1395539
42126
1,948.80
2/18/2010 1
88660
JW.W. GRAINGER INC.
SUPPLIES -COMM SVCS
1 0015350
1 41200 1
128.021
$128.02
2/18/2010
88661
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 38
1385538
42126
1,880.06
$7,008.24
2/18/2010
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 39
1395539
42126
1,948.80
2/18/2010
88663
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 41
1415541
42126
21.63
$275.00
2/18/2010
WALNUT VALLEY WATER DISTRICT
WATER SVCS -PARKS
0015340
42126
3,157.75
2/16/2010 1
88662
IWEST COAST ARBORISTS INC
ITREE MAINT-JAN 10
1 0015558
1 45509 1
11,797.401
$11,797.40
2/18/2010 1
88663
JPAUL WRIGHT
JAIV SVCS-P/C,CNCL MTG
1 0014090
1 44000 1
275.001
$275.00
2/18/2010 1
88664
IYOSEMITE WATER
JEQ RENTAL-SYC CYN PK
1 0015310
1 42130 1
12.001
$12.00
$669,694.49
Page 12
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mang V
TITLE: Treasurer's Statement — January 010
RECOMMENDATION:
Approve the January 2010 Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6.4
Meeting Date: Mar. 2, 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
`0 1
DepaltnS6nt Head
Attachments:
Treasurer's Statement, Investment Portfolio Report
Assistant City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
January 31, 2010
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS INfOUT► BALANCE
GENERAL FUND
$29,928,265.02
3,948,208.54
$1,810,619.69
$32,065,853.87
LIBRARY SERVICES FUND
0.00
PAYROLL ACCOUNT
41,604.46
0.00
COMMUNITY ORG SUPPORT FD
(5,050.00)
PETTY CASH ACCOUNT
(5,050.00)
MEASURE R LOCAL RETURN FD
143,346.71
31,685.21
INVESTMENTS:
175,031.92
GAS TAX FUND
(100,734.92)
380.87
31,173,468.68
(100,354.05)
TRANSIT TX (PROP A) FD
191,410.31
142,411.77
121,076.22
212,745.86
TRANSIT TX (PROP C) FD
1,655,199.89
53,606.80
1,708,806.69
ISTEA Fund
679,033.73
1,353.18
680,386.91
INTEGRATED WASTE MGT FD
411,785.60
76,605.17
9,449.35
478,941.42
TRAFFIC IMPROVEMENT FUND
315,913.66
831.56
316,745.22
AB2928-TR CONGESTION RELIEF FD
(100,193.53)
894.84
(99,298.69)
AIR QUALITY IMPRVMNT FD
175,384.11
375.80
175,759.91
TRAILS & BIKEWAYS FD
0.00
0.00
Prop 1B Bond Fund
132,366.73
1,768.62
134,135.35
PARK FEES FD
389,771.19
972.99
390,744.18
PROP A - SAFE PARKS ACT FUND
21,623.26
50.54
21,673.80
PARK & FACILITIES DEVEL. FD
611,840.74
1,430.37
613,271.11
COM DEV BLOCK GRANT FD
(6,244.01)
17,271.00
13,618.83
(11,960.00) (14,551.84)
CITIZENS OPT -PUBLIC SAFETY FD
146,139.25
334.28
146,473.53
NARCOTICS ASSET SEIZURE FD
362,757.63
849.45
363,607.08
CA LAW ENFORCEMENT EQUIP PRG
56,277.18
132.53
56,409.71
LANDSCAPE DIST #38 FD
(149,859.41)
26,779.50
3,839.36
(126,919.27)
LANDSCAPE DIST #39 FD
(179,983.62)
16,276.00
3,047.03
(166,754.65)
LANDSCAPE DIST #41 FD
(13,300.12)
12,323.44
1,614.52
(2,591.20)
CDBG - R Fund
0.00
90.87
(90.87)
ENERGY EFF & CNSVTN BLK GRT
(4,823.30)
4,823.30
0.00
CAP IMPROVEMENT PRJ FD
(876,632.97)
463,806.35
11,960.00 (1,328,479.32)
SELF INSURANCE FUND
992,436.36
2,320.08
994,756.44
EQUIPMENT REPLACEMENT FUND
247,548.61
578.72
248,127.33
COMPUTER REPLACEMENT FUND
382,675.00
924.24
383,599.24
PUBLIC FINANCING AUTHORITY FUN
176,599.82
23,705.70
3,354.21
196,951.31
TOTALS
$35,583,552.92
$4,366,894.50
$2,430,516.43
$0.00 $37,519,930.99
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
($287,620.08)
PAYROLL ACCOUNT
41,604.46
CHANGE FUND
250.00
PETTY CASH ACCOUNT
1,000.00
TOTAL DEMAND DEPOSITS
($244,765.62)
INVESTMENTS:
US TREASURY Money Market Acct.
$394,276.62
LOCAL AGENCY INVESTMENT FD
31,173,468.68
FED HOME LOAN BANK NOTES
6,000,000.00
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
196,951.31
TOTAL INVESTMENTS
$37,764,696.61
TOTAL CASH $37,519,930.99
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 in compliance with the investment policy adopted by the City of Diamond Bar.
The above summary provides sufficient cash flow liquidity to meet the next six month's
esti Im
es.
James DeStefano, T easurer
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO REPORT
for the Month of January 2010
Union Bank -(Fiscal Agent) AAA
Total investments
2009-10 Budgeted Interest Income
Actual Year -To -Date Interest Income
Percent of Interest Received to Budget
Allocation of Book Value of Investment by Type
(By Percent)
LAIF Fund
82.55%
Federal Agency
Securities
15.89/0
U.S Treasury
Money Market
1.57% Total Investment - $37,764,697
` Source of Fair Market Value: Wells Fargo Institutional Securities, LLC
196,951.31
196,951.31 0.000%
$ 37,764,696.61 $ 37,801,973.60
$415,000.00
$179,129.65
43.164%
TYPE OF INVESTMENTS:
Federal Agency Security
Federal Agency Securities are issued by direct U.S Government agencies or
quasi -government agencies. Many of these issues are guaranteed directly or
indirectly by the United States Government. The City Investment Policy places
a 40% limit on this type of investment and the security investment is currently
held in a custodial account by Wells Fargo Institutional Securities LLC for safe-
keeping services.
Local Agency Investment Fund (LAIF)
LAIF is an investment pool for local agencies which is managed by the State
Treasurer and regulated by the State law. The City Investment Policy places no
limit on this type of investment.
U.S. Treasury Monet/ Market Fund
Money Market Funds are comprised of short term government securities,
certificates of deposit and highly rated commercial paper. The City Investment
Policy places no limit on this type of investment.
Purchase
Maturity
Amount
Current Par /
Fair Market
Investment Type
Rating
Date
Date
Term
At Cost
Original Par
Value *
Rate
FHLMC - Freddie Mac Note
AAA
03/23/09
09/23/11
2.5 Yrs
1,000,000
1,000,000
1,002,150.00
2.125%
FNMA- Fed Mortgage Assoc
AAA
12/23/09
12,23/11
3.00 Yrs
1,000,000
1,000,000
1,002,500.00
2.400%
FHLB - Federal Home Loan
AAA
02/17/09
02/17/12
3.00 Yrs
1,000,000
1,000,000
1,000,630.00
2.250%
FHLB - Federal Home Loan
AAA
10/09/09
10/09/12
3.0 Yrs
1,000,000
1,000,000
1,002,500.00
2.050%
FHLB - Federal Home Loan
AAA
12/24/09
12/24/12
3.0 Yrs
1,000,000
1,000,000
998,130.00
2.000%
FHLMC - Freddie Mac Note
AAA
01/15/10
01/15/13
3.0 Yrs
1,000,000
1,000,000
1,001,820.00
2.000%
Total Securities
$ 6,000,000.00
6,000,000
$ 6,007,730.00
2.165%
Local Agency Inv Fund
AAA
31,173,468.68
31,203,015.67
0.558%
US Treasury Money Market
AAA
394,276.62
394,276.62
0.010%
Total Liquidity
$ 31,567,745.30
$ 31,597,292.29
Union Bank -(Fiscal Agent) AAA
Total investments
2009-10 Budgeted Interest Income
Actual Year -To -Date Interest Income
Percent of Interest Received to Budget
Allocation of Book Value of Investment by Type
(By Percent)
LAIF Fund
82.55%
Federal Agency
Securities
15.89/0
U.S Treasury
Money Market
1.57% Total Investment - $37,764,697
` Source of Fair Market Value: Wells Fargo Institutional Securities, LLC
196,951.31
196,951.31 0.000%
$ 37,764,696.61 $ 37,801,973.60
$415,000.00
$179,129.65
43.164%
TYPE OF INVESTMENTS:
Federal Agency Security
Federal Agency Securities are issued by direct U.S Government agencies or
quasi -government agencies. Many of these issues are guaranteed directly or
indirectly by the United States Government. The City Investment Policy places
a 40% limit on this type of investment and the security investment is currently
held in a custodial account by Wells Fargo Institutional Securities LLC for safe-
keeping services.
Local Agency Investment Fund (LAIF)
LAIF is an investment pool for local agencies which is managed by the State
Treasurer and regulated by the State law. The City Investment Policy places no
limit on this type of investment.
U.S. Treasury Monet/ Market Fund
Money Market Funds are comprised of short term government securities,
certificates of deposit and highly rated commercial paper. The City Investment
Policy places no limit on this type of investment.
Agenda # 6-51
Meeting Date: March 2, 2010
CITY COUNCIL AGENDAREPORT
�rh�>RfYtRJ'�'v
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: Approve Renewal of General Services Agreement with Los Angeles
County
RECOMMENDATION: Approve
FINANCIAL SUMMARY:
There is no financial implication associated with the approval of this agreement. The
specific services provided by the County and utilized by the City are all approved
through separate contractual agreements that specify costs.
DISCUSSION:
Historically, the City has utilized the County of Los Angeles to provide a number of
municipal services. Over the years many of these services have been absorbed into
the day to day operations of City staff. However, a few services such as weed
abatement, storm drain maintenance, and wildlife management services are still
performed by the County of Los Angeles. It is more cost effective to continue to utilize
County resources to provide these services.
In order to continue to have the County provide these services, the City must enter into
a General Services Agreement. Once the City has approved the General Services
Agreement, the City may enter into agreements with other County departments for the
specific services.
The attached agreement is for a five year period, beginning in July 2010 through June
30, 2015.
PREPARE Y:
00 —
David Doyle
Assistant City Manager
Attachment:
WILLIAM T FUJIOKA
Chief Executive Officer
January 19, 2010
County of Los Angeles
CHIEF EXECUTIVE OFFICE
Kenneth Hahn Half of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213) 974-1101
http.//ceo.lacounty gov
Mr. Jim DeStefano
City Manager
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4178
Dear Mr. DeStefano:
RENEWAL OF GENERAL SERVICES AGREEMENT
.r ON,
Board of Supervisors
GLORIA MOLINA
First District
MARK RIDLEY-THOMAS
Second District
ZEV YAROSLAVSKY
Third District
DON KNABE
Fourth District
MICHAEL D. ANTONOVICH
Fifth District
The General Services Agreement (GSA) between your City/District and the County of
Los Angeles will expire on June 30, 2010. To ensure the continuation of County
services, which you are receiving, and the ability to add or augment services in the
future, we would like to work with you in renewing this agreement for a five-year period,
commencing July 1, 2010 through June 30, 2015.
GSA has been executed with most of the cities and a number of public entities within
the County. It is general in nature and provides authority for the County to provide
services requested, specifies the method by which a city or other entity requests and
pays for a service, and provides for the annual adjustment of rates.
Services provided under the GSA primarily consist of miscellaneous services which
cities and other public entities request from the County on an "as needed" basis. They
include such functions as predatory animal control, prosecution of city ordinances, direct
assessment collection, and a variety of public works activities. In addition, ongoing and
specific services, such as law enforcement, public health code enforcement and animal
care and control, are provided by the responsible County departments through Specific
Service Agreements. Any Specific Service Agreements between your City/District and
the County of Los Angeles are not affected by renewal of this GSA.
"To Enrich Lives Through Effective And Caring Service"
Please Conserve Paper — This Document and Copies are Two -Sided
Intra -County Correspondence Sent Electronically Only
Mr. Jim DeStefano
January 19, 2010
Page 2
Four copies of the GSA are enclosed for your Council's approval. To allow sufficient
time to approve renewal of your City's GSA prior to its expiration, please retain one
copy for your records and return three original, signed copies with a certified
copy of your Council's resolution by Monday, April 12, 2010, to:
Intergovernmental and External Affairs
c/o Ron Morales
Chief Executive Office
723 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
One original will be returned to you upon execution by the Board of Supervisors. If you
have any questions about the renewal, approval and process or desire additional
information, please call Ron Morales at (213) 974-1327.
We look forward to our continued association and thank you for your efforts.
Sincerer
,Chief Executive Officer
rnmental and External Affairs
RA: M R
RM:sb
Enclosure
GSA 2010/GSA Renewal Letter to Cities -Districts -01 1910
Agenda # 6.6
Meeting Date: March 2, 2010
CITY COUNCIL `fir AGENDA REPORT
�ORPt1AT'C�
x989
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City ManaK —P
TITLE: APPROVE CONTRACT AMENDIV ENT NO. 5 WITH GFB-FRIEDRICH &
ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES
FOR LANDSCAPING ASSESSEMENT DISTRICT NUMBERS 38, 39,
AND 41 FOR A PERIOD OF ONE (1) YEAR, FOR A TOTAL CONTRACT
AMOUNT OF $12,950.
RECOMMENDATION:
Appropriate and approve.
FINANCIAL IMPACT:
In FY 2009-2010, $12,950 has been budgeted for the updates of Landscaping
Assessment District Numbers 38, 39, and 41.
Fee Breakdown:
District
Fee Amount
38
$4,000
39
$4,475
41
$4,475
Total Fee Amount
$12,950
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping and open space
improvements, and intends to continue the program by special assessments upon lands
within the City. GFB has been providing such assessment district update services to
the City since Fiscal Year 1994-95 and has satisfactorily performed the assessment
engineering services for the City and has comprehensive knowledge of the City's
requirements. As such, staff recommends that the City continue the assessment
engineering services with GFB for a period of one (1) year.
Key tasks placed upon the assessment engineer include:
• Strategy Meeting to discuss assessment methodology, capital improvement
budgets, proposed operation and maintenance budgets, etc.
• Prepare Landscaping Inventory Map for each assessment district of areas to
be maintained.
• Prepare Engineer's Report which will contain the description of proposed
improvements, cost estimate, method of assessment, assessment roll, and
diagram.
• Attend Public Meetings and Public Hearings.
• Place Assessments on County Assessor's Roll and submit final rolls to the
City.
For FY 2010-2011, the proposed fee is $12,950. This represents no increase from the
previous year. The total amount of the contract for one (1) year is $12,950.
The contract agreement between the City and GFB-Friedrich is for the annual
assessment updates for Districts 38, 39 and 41 only and does not include the recently
annexed Crestline area. The Crestline area will need to undergo a Proposition 218
process in order to be included in a City-wide assessment district. Staff will return at a
later date with a recommendation regarding the Crestline area.
PREPARED BY:
Patrick Gallegos, Management Analyst Date Prepared: February 24, 2010
REVIEWED BY:
Dav G. LA, Director of Public Works
Attachments: Amendment to the Consulting Services Agreement
Exhibit A — Consultant's Proposal
Exhibit B — Proposed Schedule for Assessment Districts No. 38, 39 and 41
2
AMENDMENT NO. 5
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 5 to the Agreement is made and entered into this 2nd day
March, 2010, between the CITY OF DIAMOND BAR, a Municipal Corporation
(herinafter referred to as "CITY") and GFB-Friedrich & Associates. (hereinafter
referred to as "CONSULTANT").
A. RECITALS:
(i) The CITY has heretofore entered into an Agreement, with GFB-
Friedrich & Associates to provide Professional Consulting Services, which the
Agreement was dated February 9, 2010.
(ii) To provide the assessment engineering services for FY 2010-2011,
the CONSULTANT submitted a proposal, a full, true and correct copy of which is
attached hereto as Exhibit "A".
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 1. A. Scope of Services of the Agreement is hereby
amended to read as follows:
"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 February 9 2010, for the Landscape Assessment District Nos. 38, 39,
and 41."
Section 2: Section 1. B. Level of Services/Time of Performance of the
Agreement is hereby amended to read as follows:
"B. Level of Services/Time of Performance. The level of and time
of the specific to be performed by Consultant are as set forth in Exhibit "A".
Section 3: Section 3 of the Agreement is hereby amended to read as
follows:
Compensation. "City agrees to compensate Consultant for each
service which Consultant performs to the satisfaction of City in compliance with the
schedule set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City."
Section 4: Each party to this Amendment No. 5 acknowledges that no
representation by any party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Amendment No. 5 shall be valid and binding.
Any modification of this Amendment No. 5 shall be effective only if it is in writing signed
by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement Amendment No. 5 as of the day and year first set forth above:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Tommye A. Cribbins, City Clerk
DATE:
CONSULTANT:
GFB-FRIEDRICH & ASSOCIATES
John Friedrich, President
Carol Herrera, Mayor
2
GF&FRIEDRICH
& ASSOC., INC.
CONSULTING CIVIL ENGINEERS
January 18, 2010
February 9, 2010 (Revised)
Mr. Patrick Gallegos
Management Analyst
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4178
Subject: Proposal to Provide Assessment Engineering Services for the FY 2010-11 Updates
of Landscaping Assessment District Nos. 38, 39 and 41 for the City of Diamond
Bar.
Dear Mr. Gallegos:
GFB-Friedrich & Assoc., Inc. (Consultant) is pleased to submit this proposal to provide
assessment engineering services to the City of Diamond Bar (City) for the FY 2010-11 updates
of the subject assessment districts. Consultant has been providing such assessment district
update services to the City since FY 1994-95 and is known to the City. Therefore, although
information about our firm can be provided at the City's request; Key Personnel, Related
Experience and References are available, but are not being provided with this proposal.
The maintenance to be financed includes landscape maintenance in public rights -of -ways such
as parkways, medians, slopes, mini parks and open space. Such maintenance includes
irrigation, fertilization, mowing, trimming, disease control, etc. and maintaining appurtenant
structures. Also included will be salaries for maintenance employees and/or contractors and the
cost of required tools, equipment and supplies.
This proposal takes into account the requirements and constraints imposed by the Brown Act
and Proposition 218. After Proposition 218 was approved by California voters, Assessment
District Nos. 38, 39 and 41 were each determined to be exempt from the provisions of
Proposition 218 as set forth in Article X111D of the California Constitution. This proposal is
prepared with the assumption that no changes will take place in any of the assessment districts
that would cause mailed notices, assessment ballots, and public hearings to be necessary.
Proposed Scope of Services
Prepare request for CD-ROM of property owner information from Los Angeles County
Assessor (to be signed and submitted by City). One CD-ROM will cover all three
assessment districts.
6529 RIVERSIDE AVENUE • SUITE 230 • RIVERSIDE, CALIFORNIA 92506
(951) 781-0811 • FAX: (951) 781-8435
E-MAIL: gfb;jaf@sbeglobal.net
Mr. Patrick Gallegos
February 9, 2010
Page 2
2. Attend "kick-off' meeting with City staff (if necessary) to obtain existing data and maps
and to determine if the City has any revisions to these projects. In coordination with the
City, identify the works of improvement which would be eligible for inclusion in each
FY 2010-11 assessment district program.
Update the assessment diagram for each assessment district (Exhibit "A") encompassing.
all of the property within each district.
4. Revise map of "Areas to be Maintained" for each assessment district (Exhibit T"), "), as
required.
Hand -enter data for defining districts, land use or other special requirements.
6. Prepare an estimate for each assessment district including costs of annual maintenance,
operation and administration (in conjunction with City staff), and incidental costs for
inclusion in each Engineer's Report.
7. Prepare an Engineer's Report for each assessment district which will contain the
description of proposed improvements, cost estimate, method of assessment, assessment
roll, and assessment diagram. Submit to City staff and legal counsel for review prior to
adopting the Resolutions of Intention. Submit two unbound copies of each Engineer's
Report.
8.
matefial and comparable resolutions in GFB Friedrich's fines. City staff has recently been
responsible for preparing resolutions and for obtaining legal reviews of such resolutions.
9. Attend City Council meeting at which Resolutions of Intention are adopted. At this
meeting, the Public Hearing date(s) will be set, and the Engineer's Reports will be
preliminarily approved. Make presentation as necessary.
10. Amend Engineer's Report to reflect any changes in the improvements to be maintained or
incidental costs. Re -spread assessments as required. Submit revised Engineer's Report to
City and other project team members prior to Public Hearing.
11. Prepare and submit to City Resolutions Confirming the Levy for each assessment district.
12. Attend City Council meeting(s) at which Public Hearings are conducted. Make
presentations as required. Attendance at one or more continued Public Hearing shall be
considered additional services. Revisions to the Engineer's Report ordered by the City
Council shall also be considered additional services.
Diamond Bar A.D. Proposal — FY 10-1 I.doc
Mr. Patrick Gallegos
February 9, 2010
Page 3
13. Upon confirmation of each of the 1972 Act assessment rolls, provide services to place the
current fiscal year's assessments on the Los Angeles County tax roll and file the
assessment diagrams with the County Auditor.
14. Research and correct any exceptions or corrections discovered by the County Auditor and
re -submit corrections to the roll to the County Auditor by the August 10th deadline.
15. Coordinate with City staff, legal counsel, and other necessary project consultants.
16. Project administration and meetings (two staff meetings are anticipated in addition to the
two City Council meetings described above).
Tasks and Information to be Provided by Others
1. Obtain CD of property owner information from Los Angeles County Assessor's Office
(GFB-Friedrich will prepare request form and provide a check for required amount to
expedite this task).
2. Up-to-date maps, reports, resolutions and other data relating to the project (City staff has
recently been responsible for preparing resolutions and for obtaining legal reviews of
such resolutions).
3. A reproducible map of the City, suitable for photographing on mylar.
4. Provide appropriate input for estimates of maintenance and servicing of improvements for
inclusion in each Engineer's Report.
5. Other consultants whose services are required to complete the project.
6. Environmental documentation to meet CEQA requirements, if necessary.
Project Schedule
A schedule for the 2010-11 fiscal year indicating project milestones is presented on the
attached page as Exhibit 'T.
Project Fee
Consultant proposes to invoice the City monthly on a time and materials not -to -exceed basis
for services provided during the previous month. Reimbursable items will be invoiced
additionally at our cost. Sub -consultants, such as Rapid Data will be invoiced additionally at
our cost plus ten percent (10%). All such reimbursable costs and sub -consultant fees are
included in the total cost for the work described above.
Diamond Sar A.D. Proposal —FY 10-11.doc
Mr. Patrick Gallegos
February 9, 2010
Page 4
Additional items of work outside of the Proposed Scope of Services provided above will be
invoiced per Consultant's "Schedule of Hourly Rates," dated January 1, 2010, and attached
hereto as Exhibit "A." Such additional work shall not commence without prior authorization
from the City.
The total fee for the FY 201011 Updates of Assessment District Nos. 38, 39 and 41 is
proposed to be $12,950.00; distributed by district as follows:
Assessment District No. 38
$4,000.40
Assessment District No. 39
$4,474.80
Assessment District No. 41
$4,474.80
If the estimated assessment district fee distribution given above is incorrect, please contact
consultant with the correct distribution, and it will be corrected.
Please note that GFB-Friedrich's 2010 office labor rates on Exhibit "A" are remaining the
same as the 2008 and 2009 rates. Rapid Data's 2010 rates are the same as their 2009 rates.
Therefore, the total fee for these FY 1010-11 assessment district updates is the same as the fee
for the FY 200910 updates completed last year; as is the assessment district breakdown above.
Closure
GFB-Friedrich appreciates being given the opportunity to submit this proposal. We want to do
this FY 2010-11 update work for you. If this proposal is accepted., we will be pleased enter
into the City's the existing Consulting Services Agreement, pending a review of said
Agreement by our insurance agent. If you have any questions, please call us.
Sincerely,
GFB-FRIEDRICH & ASSOC., INC.
John A. Friedrich, P.E.
President
attachment: Exhibit "A" - Schedule of hourly Rates
Exhibit "B" — Project Schedule
JAF
Diamond Bar A.Q. Proposal— FY 10-11.doc
January 1, 2009
January 1, 2010
Exhibit "A"
GFB-FRIEDRICH & ASSOC., INC.
SCHEDULE OF HOURLY RATES
Principal Time as Expert Witness During Court Appearance,
Waiting for Court Appearance, and Depositions $ 300.00 per hour
Principal Time Spent on Preparation, and Office or Outside
Research, Relevant to Expert Witness Work $ 220.00 per hour
Blueprints, Reproduction & Courier Service Vendor Costs
Job Travel $ 0.51 per mile
Delivery Service $ 55.00 per hour
plus mileage
-or-
Actual Cost
plus 10%
NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate.
Overtime on Sundays and holidays will be invoiced at 2.00 times
standard hourly rate. This Schedule of Hourly Rates is in effect
through December 31, 2010 and shall be subject to annual revision
based on changes in the cost of living.
GFBF Rates -1/2010 SCHEDULE OF HOURLY RATES
PAGE A-1
CLASSIFICATION
RATE
I.
Principal
$
175.00 per hour
2.
Registered Engineer
$
145.00 per hour
3.
Project Manager
$
107.00 per hour
3a.
Assistant Engineer
$
96.00 per hour
4.
DesignerlCAD
$
96.00 per hour
5.
CAD Drafter
$
90.00 per hour
5a.
Special Districts Analyst
$
96.00 per hour
5b.
Field Inspector
$
96.00 per hour
6.
2 -Man Survey Party (Standard Rate)
$
195.00 per how
6a.
2 -Man Survey Party (Prevailing Wage Rate)
$
240.00 per
7.
Survey Crew Using GPS
$ --
300.00,e r
8.
Survey Research/Analysis/Office Work/Drafting
$
—115.00 hour -
9..
Clerical
$
55.00 per hour
Subconsultants
Subconsultant
Fee plus 10%
Principal Time as Expert Witness During Court Appearance,
Waiting for Court Appearance, and Depositions $ 300.00 per hour
Principal Time Spent on Preparation, and Office or Outside
Research, Relevant to Expert Witness Work $ 220.00 per hour
Blueprints, Reproduction & Courier Service Vendor Costs
Job Travel $ 0.51 per mile
Delivery Service $ 55.00 per hour
plus mileage
-or-
Actual Cost
plus 10%
NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate.
Overtime on Sundays and holidays will be invoiced at 2.00 times
standard hourly rate. This Schedule of Hourly Rates is in effect
through December 31, 2010 and shall be subject to annual revision
based on changes in the cost of living.
GFBF Rates -1/2010 SCHEDULE OF HOURLY RATES
PAGE A-1
Exhibit "B"
CITY OF DIAMOND BAR
PROPOSED SCHEDULE FOR
ASSESSMENT DISTRICT NOS. 38,39 and 41
Fiscal Year 2010-11
The following proposed schedule is specifically for 1972 Act procedures when no changes are
proposed that would require mailed notices or ballot counting. City Council meetings are
assumed to be on the first and third Tuesdays of each month. It is also assumed that all three
assessment districts will be on the same schedule.
City Council adopts Resolutions of Initiation and L.A. County
Assessor's property owner information tapes are ordered, by Early February, 2010
Submit Preliminary Engineer's Reports and Resolutions of
Intention to City Clerk to meet City Council Meeting agenda
deadline, no later than April 23, 2010
City Council Meeting at which Resolutions of Intention are
adopted, Preliminary Engineer's Reports are approved, and Public
Hearing date is set May 4, 2010
Submit revised Engineer's Reports, if necessary, to meet City
Council Meeting agenda deadline, no later than May 21, 2010
Public Hearings held at City Council Meeting, Assessment District
Nos. 38, 39 and 41 are approved and confirmed, and the Resolutions
Confirming the Levy of Assessments are adopted June 1, 2010
Submit digital fixed -charge assessments on CD's to Los Angeles
County Auditor, on or about July 16, 2010
Correct assessment exceptions and resubmit to the County Auditor,
no later than August 10, 2010
Please note that the adoption of the Resolutions of Intention can be moved
forward to May 18th without changing the June 1st Public Hearing date. Also, the
entire schedule can be moved forward resulting in a Public Hearing date as late as
early -to -mid July.
Im
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6.1
Meeting Date: 3/02/10
AGENDA REPORT
FROM: James DeStefano, City ManaKe
TITLE: ACCEPTANCE OF WORK PERFO MED BY MEGA WAY ENTERPRISES FOR THE
CONSTRUCTION OF SYCAMORE CANYON PARK TRAIL – PHASE III; DIRECTION TO THE CITY
CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION
THIRTY-FIVE DAYS AFTER THE RECORDATION DATE; AUTHORIZE AN ADDITIONAL
APPROPRIATION OF $14,925 FROM THE PARK DEVELOPMENT FUND TO PAY ALL PROJECT
COSTS.
RECOMMENDATION: Accept the work performed by Mega Way Enterprises; direct the City Clerk
to file the Notice of Completion; authorize the release of the retention; and authorize the additional
appropriation of $14,925 from the Park Development Fund.
FINANCIAL IMPACT: There is $296,285 appropriated for this project. Total cost to complete the
project is $311,208.17. An additional appropriation of $14,925 is needed to fully fund this project.
Following is the breakdown of project costs:
Project Costs:
Construction Contractor (Original Contract)
$
198,881.50
Construction Change Orders— Total of 9
$
26,315.55
Design & Development of Construction Documents
$
54,422.00
Geotechnical Plan Check / Inspection
$
24,600.00
Building & Safety Plan Check / Inspection
$
6,000.00
Plans & Specs Photocopies and Bid Release Ads
$ 989.12
PROJECT COST TOTAL $ 311,208.17
Funds appropriated for this project: $ 296,285.00
Additional Appropriation Needed: $ 14,923.17
BACKGROUND: The City Council awarded a contract in the amount of $198,881.50 to Mega Way
Enterprises on August 4, 2009 to construct the Sycamore Canyon Park Trail, Phase III. This project
improved the trail in Sycamore Canyon Park from the trail head (at Diamond Bar Blvd.) to the junction
of the trail to the water fall. The timber steps from the trail head to the v -ditch were replaced with
concrete stairs with handrails. A retaining wall has been constructed along the v -ditch to create space
to widen the trail along the v -ditch to the existing concrete stairs. Decomposed granite was added to
the trail from the existing concrete stairs to the junction of the trail to the water fall. Severe cross
slopes have been eliminated and the chain link fence was replaced with lodge pole fencing. Due to a
number of issues, nine Change Orders, in the total amount of $26,315.55, were processed to
complete this project. Following is the detail on the Change Orders:
Change Order #1
$
2,570.40
Change Order #2
$
1,836.00
Change Order #3
$
5,064.91
Change Order #4
$
3,811.95
Change Order #5
$
4,105.50
Change Order #6
$
2,627.52
Change Order #7
$
1,513.17
Change Order #8
$
1,877.00
Change Order #9
$ 2,909.10
TOTAL
$26,315.55
Up -date of Topographical Survey.
Re -design of lower wall to meet soil conditions.
Over excavation required due to flooding of site.
Addition of four courses to lower wall to retain slope.
Re -mobilization charges due to upper wall re -designs.
Over excavation and Class I I base for upper wall.
Additional Class II base required for lower wall.
Variable height curb due to actual elevations of site.
Additional quantities for items on bid sheet.
Total cost of the project, including the nine Change Orders is $311,208.17.
The work was substantially completed on February 15, 2010 and is now ready to be accepted.
DISCUSSION: The majority of funding for this project is from two grants; $136,000 from a Land
and Water Conservation grant and $70,940 from a Proposition A "Safe Parks Act" grant from
Supervisor Don Knobe. The remaining $104,268.17 in funding is from the City's Park Development
Fund.
PREPA AN REVIEWED BY:
f
Bob s
Director of Community Services
Attachments: Notice of Completion
REVIEWED BY:
Linda da Maghugon
Director of Finance
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21825 COPLEY DRIVE
DIAMOND BAR CA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21825 Copley Drive, Diamond Bar CA 91765 _
4. The nature of the interest or estate of the owner is; "Lessee"
(If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants
in common are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on February 15. 2010
. The work done was: Construction of Sycamore Canyon Park Trail — Phase III
7. The name of the contractor, if any, for such work of improvement was Mega Way Enterprises
(If no contractor for work of improvement as a whole, insert "none") (Date of Contract)
8_ The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles,
State of California, and is described as follows Sycamore Canyon Park in Diamond Bar, CA
9. The street address of said property is 22930 Golden Springs Drive Diamond Bar. CA 91765
(If no street address has been officially assigned, insert "none")
CITY OF DIAMOND BAR
Dated:
Venfication for Individual Owner
SignatUTe of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the City Manager Ithe declarant of the
foregoing
("resident of', "Manager off" "A partner of," "Owner of," etc)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own
knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on _ 2010 at Diamond Bar California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6.8
Meeting Date: 03/02/10
AGENDA REPORT
VIA: James DeStefano, City Man r
TITLE: APPROVAL OF CONTRACT AME DMENT #11 WITH DAVID EVANS AND
ASSOCIATES, INC FOR $7,700 TO PROVIDE SERVICES DURING THE BID PROCESS AND
CONSTRUCTION FOR THE SYCAMORE CANYON PARK TRAIL — PHASE III PROJECT.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds for the cost of this amendment are included in the appropriation
request with the project Notice of Completion report for the Sycamore Canyon Park Trail — Phase
III project.
BACKGROUND/DISCUSSION: David Evans and Associates has developed the majority of the
construction documents for this project. They provided this work under their on-call Landscape
Architect Services contract. The design by David Evans and Associates represents about 2/3 of
the project. The remainder of the project, the upper 1/3, was designed by Architerra Design
Group. This contract amendment compensates David Evans and Associates for the services
they provided during the bidding process and during construction, which totaled $7,700.
Director of Community Services
ATTACHMENT: Amendment #11 to Agreement dated March 2, 2010.
Consulting Services Agreement dated February 5, 2002
Rate Schedule effective through 6/30/10 (subject to annual increase)
AMENDMENT #11 TO AGREEMENT
THIS AMENDMENT #11 TO AGREEMENT is made this 2nd day of March 2010, by and between
the CITY OF DIAMOND BAR, a municipal corporation ("City") and DAVID EVANS AND
ASSOCIATES, INC. ("CONSULTANT').
Recitals:
a. CONSULTANT entered into an agreement with CITY on February 5, 2002 (the
"AGREEMENT") in the amount not to exceed $25,000 for as -needed Landscape
Architect Services for the term of February 5, 2002 through February 5, 2005.
b. Additional Landscape Architect services were added to the AGREEMENT per
Amendments #1 through #10 and extended the term through June 30, 201 land
increased the contract to an amount not to exceed $373,676.
C. Parties desire to amend the AGREEMENT to add services during bidding process
and during construction of the Sycamore Canyon Park Trail — Phase III project for
an amount not to exceed $7,700.
d. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Attachment "B" to the AGREEMENT is amended by adding thereto the
following additional landscape architect services:
Services during the bidding process and during construction of the Sycamore Canyon Park
Trail — Phase III project.
Section 2 — Section 3 of the AGREEMENT is amended to add compensation in the amount
of $7,700 for a total authorization not to exceed $381,376.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #11 TO
AGREEMENT on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Carol Herrera
Mayor
APPROVED TO FORM
City Attorney
DAVID EVANS AND ASSOCIATES, INC.
Consultant
Signed
Title
City Clerk
Note: Authorized overtime will be charged at 1.5times the above rate.
2 -Person Survey Crew $265.00
3 -Person Survey Crew $330.00
Note: Per union agreement, there is a 4-, 6- and 8 -hour minimum charge for field survey work.
Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant
fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services
incurred on Client's behalf.
'rates subject to annual increase
4200 Concours Drive Suite 200 Ontario California 91764 Telephone: 909.481.5750 Facsimile• 909.481.5757
Schedule of Hourly Billing Rates
Rates Effective through June 30,2010*
Office Staff:
Principal
$215.00
Project Manager
$185.00
Professional Engineer
$170.00
Professional Land Surveyor
$170.00
Professional Landscape Architect
$160.00
Professional Architect
$160.00
Professional Planner
$160.00
Survey Analyst
$150.00
Civil Designer
$145.00
Landscape Designer
$120.00
Land/Environmental Planner
$120.00
CADD Designer
$120.00
CADD Drafter
$105.00
Clerical
$85.00
Note: Authorized overtime will be charged at 1.5times the above rate.
2 -Person Survey Crew $265.00
3 -Person Survey Crew $330.00
Note: Per union agreement, there is a 4-, 6- and 8 -hour minimum charge for field survey work.
Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant
fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services
incurred on Client's behalf.
'rates subject to annual increase
4200 Concours Drive Suite 200 Ontario California 91764 Telephone: 909.481.5750 Facsimile• 909.481.5757
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Carol Herrera
Mayor
APPROVED TO FORM
DAVID EVANS AND ASSOCIATES, INC.
Consultant
Signed
Title A �Z �®
City Attorney City Clerk
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of February 5, 2002, by and between the City of
Diamond Bar, a municipal corporation ("City") and David Evans and Associates, Inc.,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent
contractor to provide "As Needed" landscape architectural review consulting services to
City as set forth in Exhibit "A", the City's Request for Proposals, dated October 24,
2001.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B", the Consultant's
Response, dated November 19, 2001, to the City's Request for Proposal.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall take effect February 5, 2002,
and shall continue until February 5, 2005, with the possibility of two (2) additional annual
renewals, unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "B." Payment will be made only after submission of proper invoices
in the form specified by City. Total payment to Consultant pursuant to this Agreement
shall not exceed. TWENTY FIVE THOUSAND DOLLARS ($25,000.00).
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: City Manager Consultant: David Evans and
City of Diamond Bar Assoicates, Inc.
21825 E. Copley Drive 800 N. Haven Ave.,
Diamond Bar, CA 91765-4177 Suite 300
Ontario, CA 91764
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from -any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant. as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and save them and
each of them harmless from, and all actions, claims, damages to persons or property,
penalties, obligations, or liabilities that may be asserted or claimed by any person, firrcn���
entity, corporation, political subdivision or other organization arising out of the V'919,
errors or omissions of Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the
Agreement as a Consultant, then all obligations, liabilities, covenants and conditions
under this Section 8 shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in, performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy (ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage
shall not be non -renewed, canceled, reduced, or otherwise modified (except through the
addition of additional insureds to the policy) by the insurance carrier without the
insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant
agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant
pursuant to the terms of this Agreement; shall be issued by an insurance company
which is admitted to do business in the State of California or which is approved in
writing by the City; and shall be placed with a current A.M. Best's rating of no less that A
VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less than one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other parry. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement r%, ,r 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
Bye %fir y`i�� �- By
(Lynda Burgess; City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
pavi d Evans �ssaGi�'�cs� (i1L.
Its: Vice. Presio(en+
CITY COUNCIL
Agenda # 6.9
Meeting Date: March 2, 2010
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana g�
TITLE: RE -APPROPRIATE MEASURE R LOCAL RETURN FUNDS FROM THE
CAPITAL IMPROVEMENT PROGRAM BUDGET AREA 6 SLURRY SEAL
PROJECT TO THE PUBLIC WORKS OPERATING BUDGET IN THE
AMOUNT OF $80,000 FOR FISCAL YEAR 2009-2010; APPROPRIATE
$80,000 OF PROP 1B FUND RESERVES TO THE CAPITAL
IMPROVEMENT PROGRAM BUDGET AREA 6 SLURRY SEAL PROJECT
FOR FY 2009-2010; AND AWARD A LANDSCAPE DESIGN CONTRACT
FOR THE SR 60 LEMON AVENUE INTERCHANGE PROJECT TO DAVID
EVANS AND ASSOCIATES, INC. IN THE AMOUNT OF $77,900.
RECOMMENDATION:
Re -appropriate, Appropriate and award.
FISCAL IMPACT:
As part of the FY 2009-10 Capital Improvement Program Budget, a total of $310,858 of
Measure R Local Return funds was allocated for the Area 6 Slurry Seal Project. As shown
in the table below, $80,000 of Measure R funds will be re -allocated and moved to the
Public Works Operating Budget for Contract Services. This $80,000 will then be backfilled
by Prop 1 B fund reserves to maintain the existing Area 6 Slurry Seal Budget.
FY 2009/2010 Capital Improvement Budget for the Area 6 Slurry Seal Project
Prop 42
Measure R
Congestion
Total
Local Return
Relief
Prop 1 B
Existing Budget
$1,100,000
$310,858
$543,483
$245,659
Proposed Re -allocation
of Measure R
Local Return
$80,000
Proposed Allocation
of Prop 1 B
Fund Reserve
$80,000
Adjusted
Budget
$1,100,000
$230,858
$543,483
$325,659
BACKGROUND/DISCUSSION:
The City, along with the City of Industry, has been working in cooperation with the
California Department of Transportation (Caltrans) on a proposed interchange project
along the State Route 60 Freeway at Lemon Ave. The design consultant for the project,
Jacobs, has completed the 65% plans and submitted them to Caltrans for review. While
progress continues to be made on the design of the proposed interchange, the opportunity
for the City to incorporate specific design elements into the landscape and hardscape was
presented.
David Evans and Associates, Inc. (DEA) was contacted to assist the City with working on
landscape and hardscape design to be incorporated into the 95% submittal package and
ultimately the final design plans and specifications for the proposed project. DEA has an
extensive background in working with Caltrans on freeway landscape and hardscape. This
knowledge provides the ability to develop plans and specifications within the short time
frame that we have to keep the project on schedule. DEA provided a proposal for the
design of the hardscape elements described as Task I and the landscape elements
described in Task 2.
The budget for the design and environmental services for the SR 60/1-emon Ave.
Interchange Project is $2.8 Million. The City of Industry has borne the entire cost for these
services. Based on the proposed Lemon Avenue Interchange location, Diamond Bar is
choosing to fund the landscape and hardscape design services for the unique elements to
be designed and incorporated in to the project.
PREPARED BY:
Kimberly Molina, Associate Engineer
REVIEWE
D id G. iu, P.E.
Director of Public Works
DATE PREPARED:
February 25, 2010
ATTACHMENTS: CONSULTING SERVICES AGREEMENT
-2-
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of March 2, 2010 by and between the City of
Diamond Bar, a municipal corporation ("City") and David Evans and Associates, Inc. ,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide 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 February 19, 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 March 2. 2010,
unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "B". Payment will be made only after submission of proper invoices in
the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: James DeStefano, City Manager
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
Consultant: Kim Rhodes
David Evans & Assoc., Inc.
4200 Concours, St. 200
Ontario, CA 91764
909-481-5750
909-481-5757 FAX
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will defend and hold and
save them and each of them harmless from, and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that may be asserted or claimed
by any person, firm, entity, corporation, political subdivision or other organization arising
out of the negligent or wrongful acts, errors or omissions of Consultant, its agents,
employees, subcontractors, or invitees, including each person or entity responsible for
the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $2,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy (ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
admitted to do business in the State of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less than five (5) days prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by -Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
The City acknowledges the Consultant's design documents, including electronic
files, as instruments of professional service. Nevertheless, the final work documents
prepared under this Agreement shall become the property of the City upon completion
of the services and payment in full of all monies due to the Consultant. The City shall
not reuse or make any modifications to the work documents without the prior written
authorization of the Consultant. The City agrees, to the fullest extent permitted by law,
to indemnify and hold harmless the Consultant, its officers, directors, employees and
subconsultants (collectively, Consultant) against any damages, liabilities or costs,
including reasonable attorneys' fees and defense costs, arising from or allegedly arising
from or in any way connected with the unauthorized reuse or modification of the work
documents by the City or any person or entity that acquires or obtains the work
documents from or through the Client without the written authorization of the Consultant.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
C. Consultant warrants that he/she has not employed or retained
any company or person, other than a bona fide employee working for the Consultant; to
solicit or secure this agreement; and that he/she has not paid or agreed to pay any
company or person other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award, or formation of this agreement. For breach or violation of this warranty, City
shall have the right to annul this agreement without liability, or at its discretion, to deduct
from the agreement price or consideration, or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gift of contingent fee.
13. Dispute Resolution.
A. Dispute Resolution: Except as may otherwise be set forth expressly
herein, all disputes arising under this Agreement shall be resolved as set forth in this
Section 13.
B. Negotiation and Mediation: The Parties shall attempt in good faith
to resolve any dispute arising out of or relating to this Agreement promptly by
negotiations between the Parties' authorized representatives. The disputing Party shall
give the other Parties written notice of any dispute. Within twenty (20) days after
delivery of such notice, the authorized representatives shall meet at a mutually
acceptable time and place, and thereafter as often as they reasonably deem necessary
to exchange information and to attempt to resolve the dispute. If the matter has not
been resolved within thirty (30) days of the first meeting, any Party may initiate a
mediation of the dispute. The mediation shall be facilitated by a mediator that is
acceptable to all Parties and shall conclude within sixty (60) days of its commencement,
unless the Parties agree to extend the mediation process beyond such deadline. Upon
agreeing on a mediator, the Parties shall enter into a written agreement for the
mediation services with each Party paying a pro rate share of the mediator's fee, if any.
The mediation shall be conducted in accordance with the Commercial Mediation Rules
of the American Arbitration Association; provided, however, that no consequential
damages shall be awarded in any such proceeding and each Party shall bear its own
legal fees and expenses.
C. Confidentiality: All negotiations and any mediation conducted pursuant
to Section 13 shall be confidential and shall be treated as compromise and settlement
negotiations, to which Section 1152 of the California Evidence Code shall apply, which
Section is incorporated in this Agreement by reference.
D. Injunctive Relief: Notwithstanding the foregoing provisions, a Party
may seek a preliminary injunction or other provisional judicial remedy if in its judgment
such action is necessary to avoid irreparable damage or to preserve the status quo.
E. Continuing Obligation: Each Party shall continue to perform its
obligations under this Agreement pending final resolution of any dispute arising out of or
relating to this Agreement.
Failure of Mediation: If, after good faith efforts to mediate a dispute under
the terms of this Agreement as provided in this Section, the parties cannot agree to a
resolution of the dispute, any party may pursue whatever legal remedies may . be
available to it at law or in equity, before a court of competent jurisdiction.
14. Termination. Either party may terminate this Agreement with or without
cause upon thirty (30) days written notice to the other party. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services.
15. Extension of Time. The Consultant may request an extension in writing,
outlining the reasons for the delay and the new expected completion date. All such
requests shall be submitted to the Public Works Director, and if approved, shall require
a written amendment to this Agreement fully executed by both parties.
16. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
17. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of State or DOT—assisted contracts or in the administration of the City's
DBE Program. Such nondiscrimination shall include but not be limited to the following:
employment, upgrading, demotion, transfers, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Records Retention and Audits.
A. Consultant shall maintain all source documents, books , and records
connected with their performance of this Agreement for a minimum of three (3) years
from the date that City makes final payment to Consultant or until audit resolution is
achieved whichever is later, and all other related, pending matters are closed.
B. Upon request, at any time during normal business hours and as often
as City or any duly authorized representative may deem necessary, Consultant shall
make available for examination all of its records with respect to all matters covered by
this Agreement for purposes of audit, examination, or to make copies or transcripts of
such records, including, but not limited to, contracts, invoices, payrolls, personnel
records, conditions of employment and other records related to all matters covered by
this Agreement. Such records and access to the facilities and premises of the
Consultant shall be made available during the period of performance of this Agreement,
and for three (3) years from the date that City makes final payment to Consultant or until
audit resolution is achieved, whichever is later, and all other related, pending matters
are closed.
19. Cost Principles.
A. Consultant agrees to comply with the following:
(1) the Contract Cost Principles and Procedures, 48 Code of Federal
Regulations, Federal Acquisition Regulations System, Chapter 1, Part
31, et seq. (Office of Management and Budget Circular A-87, "Cost
Principles for State, Local, and Indian Tribal Governments)", shall be
used to determine the allowability of individual project cost items, and
(2) the Federal administrative procedures in accordance with 49 Code of
Federal Regulations, Part 18, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments."
B. Any costs for which Consultant receives payment or credit that is
determined by a subsequent audit or other review by either City, Caltrans or other State
or Federal authorities to be unallowable under, but not limited to, 48 CFR, Chapter 1,
Part 31; or 49 CFR, Part 18, are to be repaid by Consultant within thirty (30) days of
Consultant receiving notice of audit findings. Should Consultant fail to reimburse
moneys due City within thirty (30) days of demand, or within such other period as may
be agreed between both parties hereto, City is authorized to withhold future payments
due Consultant.
20. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
21. Scope of Work Changes. City and Consultant may request in writing, at
any time, amendments to the scope of work. Within ten (10) days from the date of the
written notice, Consultant shall notify City of the impact of such changes on the Scope
of Work, Schedule and Budget. Upon agreement between the parties as to the required
changes, an amendment to this Agreement shall be prepared regarding the same.
22. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
24. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
25. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
26. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
27. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
28. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
By:
Tommye A. Cribbins, City Clerk
Approved as to form:
By:
City Attorney
CONSULTANT
By:
Its:
CITY OF DIAMOND BAR
Carol Herrera, Mayor
February 19, 2010
EXNi Pit A
Mr. David Liu
Director of Public Works
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
SUBJECT: LANDSCAPE ARCHITECTURAL SERVICES FOR THE SR 60 / LEMON
AVENUE AND BREA CANYON ROAD INTERCHANGE
IMPROVEMENT PROJECT IN THE CITY OF DIAMOND BAR
Dear David,
On behalf of David Evans and Associates, Inc. (DEA), we are pleased to provide a proposal for
landscape architectural services for the SR60 / Lemon Avenue interchange project. Based upon
our meeting on 2/18/10, you have requested that DEA move forward in providing wall aesthetics
design support and landscape PS&E (plans, specifications, and estimates) in conjunction with
Jacobs' roadway PS&E submittal to Caltrans for Lemon Avenue and the abandoned ramp area at
Brea Canyon Road. These areas are highlighted respectively on DEA's preliminary plans —
Exhibit No's. 1 and 2. At this time, we have excluded any design services for the SR60 / Brea
Canyon Road interchange (Exhibit No. 3). However, if requested, we would be happy to provide
a scope and fee in the future.
We anticipate that Jacobs will move forward with their 65% PS&E submittal to Caltrans. It is our
understanding that following the Caltrans comment, response, and edit process, Jacobs would
then forward to DEA the 95% PS&E plan set for our use. Our first task would be the preparation
of aesthetic wall treatment plans, details and specifications. Our second task would be the
preparation of landscape improvements at Lemon Avenue and the abandoned ramp area at Brea
Canyon Road. The wall plans will include only the aesthetic component of the design in support
of the structures design by Jacobs and will be incorporated into their PS&E package. Landscape
and irrigation plans that address Exhibits 1 and 2 will be prepared to address minimal
landscaping, mulch areas, decorative areas featuring inert materials, and a small landscape
improvement area of an approximately twenty (20) foot offset from Golden Springs Road.
The following scope of services and fees addresses the need for aesthetic wall plans, a refined
design development phase, and the preparation of planting and irrigation plans as noted above.
4200 Concours, Suite 200, Ontario, CA 91764 T:( 909) 481-5750 F: (909) 481-5757
February 19, 2010
City of Diamond Bar
SR60 / Lemon Avenue Interchange
Landscape Architectural Services
Page 2
PHASE I — WALL AESTHETICS
Task 1 - Agency Meetings / Project Coordination (Industry, Diamond Bar, Caltrans) and
Data Collection
The DEA team will attend a total of 4 meetings to be held at the City of Diamond Bar during the
preparation of design development and final plans. Two additional meetings with Caltrans
District 7 are also included herewith. Data collection including obtaining revised digital files
from Jacobs is included. This task will also address research and coordination with utility
agencies in order to obtain infrastructure information. Meetings shall include two DEA
representatives. Each meeting is anticipated at 2 hours plus travel time. If additional meeting
time is required, DEA will make a formal request for compensation from the City of Diamond
Bar prior to commencing work. This task includes meetings, coordination and data collection for
both phases of work identified herewith (wall aesthetics and landscape plans).
Task 2 - Design Development - Wall Aesthetics (4 treated walls)
DEA Landscape Architects and graphic designers will prepare one revised design development
plan for each of the four walls identified at the Lemon Avenue interchange. Wall "78R Type
5SWB with soundwall" and "81R Type 1" are not included herewith and will be addressed by
Jacobs. Based on the direction provided by the City, DEA will prepare longitudinal wall
elevations depicting wall texture, graphics, images, scale / proportion, and text (if applicable).
These images will be similar in detail to those previously presented by DEA. Upon completion
of each of the wall layouts, DEA will present and review the images with the City to obtain final
approval prior to moving forward with the final plans. Should additional revisions be required or
desired, DEA will need to request additional compensation.
Task 3 — Final Design - Plans, Specifications and Estimates (following 95% submittal)
DEA will prepare final wall aesthetic plans which will depict the overall design intent for each of
the four walls. These plans will support the construction information provided by Jacobs.
Technical specifications and a construction cost estimate will also be prepared.
Task 4 — Plan Revisions (following 100% submittal)
Upon receipt of agency comments and coordination with Jacobs, DEA will revise the wall
aesthetic plans and details to reflect the required corrections. This task also includes final edits to
the specifications and updates to the construction cost estimate.
PHASE II — LEMON AVENUE AND BREA CANYON RD. (ABANDONED RAMP
AREA)
Task 5 - Design Development Plans
DEA Landscape Architects will prepare revised design development plans which will reflect the
modifications discussed at the February 18, 2010 Trend meeting. Landscape improvements will
focus on extremely limited areas of plant material in areas where it enhances the driver's
experience. Additional treatment of the ground plane will include the placement of mulch,
decorative inert materials such as decomposed granite, and rock blanket. The area adjacent to the
eastbound on ramp at Lemon Avenue will be scaled back considerably to address areas
immediately adjacent to the traveled way.
February 19, 2010
City of Diamond Bar
SR60 / Lemon Avenue Interchange
Landscape Architectural Services
Page 2
The improvement area at the Brea Canyon Road abandoned ramp site will be scaled back to
include an area approximately 20' adjacent to Golden Springs Road. The Jacobs plans will depict
a 6' split face block wall with graffiti coating. Decomposed granite will be specified along the
Route 60 traveled way. Because Caltrans will be required to maintain the bioswale, this area will
be landscaped as appropriate and in accordance with District 7 guidelines. A chain link fence
will be shown by the project engineer and will be the desired gauge and color as directed by the
City. The area between the chain link fence and the site perimeter will be treated with patterned
inert materials.
Task 6 — Final Design - Plans, Specifications and Estimates (following 95% submittal)
DEA will prepare final planting and irrigation plans which will depict the overall design intent for
each of the landscaped areas originally shown on DEA Exhibits 1 and 2. These plans will be
integrated into the Jacobs plan set. Technical specifications and a construction cost estimate will
also be prepared.
Task 7 - Plan Revisions (following 100% submittal)
Upon receipt of agency comments and coordination with Jacobs, DEA will revise the planting
and irrigation plans and details to reflect the required corrections. This task also includes final
edits to the specifications and updates to the construction cost estimate.
Exclusions
• PS&E's for Brea Canyon at the Collector Road
• Gateway monument coordination and design
• Soils and agronomy testing
• Electrical engineering
• Structural details and / or calculations
Invoices will be due and payable within 30 days and will be sent monthly based upon the
percentage of work completed. Government fees, mileage, delivery costs such as Federal Express
charges and plotting / reproduction services are considered reimbursable fees and shall be billed
to you at cost plus 15%. Any service requested which does not fall within the scope of services
listed, or any duplication of work due to changes desired by the City, Caltrans, or modified by the
engineer, will be performed on an "Extra Services" basis and negotiated accordingly.
DEA would be pleased to assist the City of Diamond Bar on this project and thank you once
again for your consideration of our qualifications. We look forward to discussing this proposal
with you.
Sincerely,
DAVID EVANS AND ASSOCIATES, INC. Authorization to Proceed:
Kim S. Rhodes, L.A. 3867 David Liu
Vice President Director of Public Works
0: WarketinglProposalslDlDiamond BarOiamond Bar - Lemon Avenue InterchangelRevised Final PSE for Lemon - Diamond
Bar.doc
SR60 / Lemon Avenue and Brea Canyon Road Interchange Improvement Project
David Evans and Associates, Inc. Landscape Architectural Services Fee Proposal
Task
DEA
&
.:
Pic
PM LA LD Admin
Design
, $135 $105 $80
Labor
Task 1 Agency Meeting/Project Coordination (Industry, Diamond Bar, Caltrans
12
368
Task 2 Design Development - Wall Aesthetics
4
20
$
7.960
Task 3 Final Design- Plans. Specifications and Estimates(following 950/. submittal)
4
8 48
12 32
41
$
10,080
Task 4 Caltrans Comment, Response. Edit process followin 100%submittal
2
40
8 24
12
S
11,920
24
8
$
7,920
Total Phase 1
22
761 64 112
32
$
37,880
Task 5 Design Development Plans
Task 6 Final Design - Plans Specifications and Estimates(following 95% submittal
6
4
12 36 60
36 40
6
$
14,400
Task 7 Caltrans Comment, Response, Edit process(following I 00%submittall
2
40
12 16
16
$
16,920
36
8
$
8.700
Total Phase 111
121
60 92 136
30
$
40,020
Grand Total Phases I and II
34
136 156 2481
62 1
S
77,900
PIC= Principal -in -Charge, PM= Project Manager, LA= Landscape Architect,
LD= Landscape Designer, Admin= Adiminstration Assistant
A
51
an
Agenda Item 6. 10
Meeting Date: March 2, 2010
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
AGENDA REPORT
TITLE: AUTHORIZE THE CITY MANAGER TO EXTEND A PROFESSIONAL SERVICES
AGREEMENT WITH LILLEY PLANNING GROUP, INC. (LPG), TO INCREASE THE
CONTRACT AMOUNT BY $8,500 TO PROVIDE CONTINUED OFF-SITE PLANNING
SERVICES.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
All consultant billings against the contract amount will be recovered from developer deposit funded
projects, such as new custom homes, residential and commercial additions, conditional use permits
and subdivision applications. Administrative expenses associated with contract management are
drawn from the Planning Division's operating expenditure budget, and are also reimbursed through
developer deposits, so there is no net impact to general fund reserves. Moreover, to reduce the cost
to developers, LPG has reduced its hourly rate from $95 to $80 for the remainder of this contract.
There is no additional appropriation required since there are sufficient funds available in the
FY 2008-09 budget for this contract.
BACKGROUND 1 DISCUSSION
Since June 2008, following the retirement of the Associate Planner, the Planning Division has
retained the services of a contract, on-site Senior Planner through a professional services agreement
with LPG. The original intent of the agreement was for the contract Senior Planner to assume the
developer -funded portion of the Associate Planner's caseload until that vacated position was filled
through the normal recruitment process (the Associate Planner recruitment was subsequently frozen).
From June through September 2008, 90% of the contract Senior Planner's hours were billed to
developer deposit funded projects.
Following the Community Development Director's resignation at the end of September 2008, and the
appointment of the Planning Manager to the position of Community Development Director, it became
necessary for the contract Senior Planner to also assume some of the supervisory duties of the
vacant Planning Manager's position. Between October 2008 and December 2009, 30 to 40% of the
contract Senior Planner's hours were paid from salary and benefit savings resulting from the
aforementioned vacancies, while the majority percentage
With the adoption of the Fiscal Year 2009-10 budget, the position of in-house Senior Planner was
created to underFill the frozen Planning Manager position. This position was filled on January 4,
2010. LPG's services are now being used on an on-call basis to close out projects that were
substantially completed by the contract planner.
ZI&M�
Prepared By
Greg Gubman, AICP
Community Development Director
Attachment
Reviewed By
Dave Doyle, Assistant City Manager
Amendment No. 3 to the City's Professional Services Agreement
2
AMENDMENT NO.3 TO THE CITY'S PROFESSIONAL
SERVICES AGREEMENT
This Amendment No. 3 to the City's Professional Services Agreement is made
and entered into this day of , 2010, between the City of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "City") and Lilley Planning Group, Inc.,
(hereinafter referred to as "Consultant".)
A. Recitals:
(i) The City has heretofore entered into an agreement, dated May 20, 2008,
with Consultant to provide consulting services such as but not limited to project
management for development projects, perform special planning projects and assist in
day to day tasks of managing the Planning Division (hereinafter referred to as the
"Agreement".)
(ii) Consultant has submitted a proposal as set forth in Exhibit "A" attached
hereto to provide additional services at a cost not to exceed EIGHT THOUSAND FIVE
HUNDRED DOLLARS ($8.500.00), as described within Exhibit "A".
(iii) It is in the City's best interest to extend the Agreement rather than request
bids for the services in order to ensure consistency and continuity of the services
already being provided by Consultant.
NOW THEREFORE, it is agreed by and between City and Consultant:
Section 1: Section 3(c) of the Agreement is hereby amended to read as
follows:
"(c) City agrees to compensate Consultant, and Consultant agrees to accept in
full satisfaction for the services provided for hereunder, fees on a time and
material basis at the rates set forth in the original Consulting Services Agreement
as shown in Exhibit "A" attached hereto, but in no event to exceed TWO
HUNDRED FORTY EIGHT THOUSAND FIVE HUDNRED DOLLARS
($248,500.00) which fees include all labor, materials, printing and other costs
incurred in connection with the project."
Section 2:
Each party to this Amendment No. 3 acknowledges that no representation by any
party, which is not embodied herein, or any other agreement, statement, or
promise not contained in this Amendment No. 3 shall be valid and binding. Any
modification of this Amendment No. 3 shall be effective only if it is in writing
signed by the parties.
Section 3:
All other terms and conditions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 3 as of the day and year first set forth above:
Consultant: City of Diamond Bar
Lilley Planning Group
Mayor
Approved As To Form: Attest:
City Attorney
2
City Clerk
Agenda Item # 6.11
Meeting Date: March 2, 2010
CITY COUNCIL AGENDA REPORT
TITLE: APPROVE DAPEER, ROSENBLIT & LITVAK, LLP, AS THE PROVIDER OF
CITY PROSECUTOR SERVICES FOR THE CITY OF DIAMOND BAR.
VIA: James DeStefano, City Manager
RECOMMENDATION:
Approve.
FISCAL IMPACT:
Funds for this contract are included within the adopted Fiscal Year 2009-2010 budget (001-4020-
44023).
BACKGROUND:
On December 8, 2002, the City entered into a Professional Services Agreement with Dapeer,
Rosenblit & Litvak, LLP ("Dapeer") to serve as the City Prosecutor. Dapeer provides legal
assistance to the City on an "as -needed" basis for assigned code enforcement cases. The
contract was reapproved several times to ensure consistency and continuity of the legal counsel
already provided, and monies are appropriated in the annual budget to fund the contract. Dapeer
has and continues to provide excellent service to the City of Diamond Bar.
Past practice has included the City Manager approving a $25,000 purchase order for City
Prosecutor services (the maximum allowed under the City Manager's authority) at the beginning
of the fiscal year, followed by contract extensions subject to City Council approval. Since monies
are already budgeted for these services, and additional funds can be transferred from other
accounts within the professional services budget without a budget adjustment, the practice of
funding the City Prosecutor contract is unnecessarily cumbersome.
To eliminate the need to routinely renew the contract—which already has an "evergreen"
provision written into it—staff recommends that Dapeer be formally named as Diamond Bar's
provider of City Prosecutor services until such time that the City elects to terminate the contract.
This action would be consistent with that which has named Jenkins & Hogin as the City Attorney
service provider.
Prepared by: Reviewed by:
Greg Gubman, AICP
Community Development Director
David Doy e
Assistant City Manager
Agenda # 6. 12
Meeting Date: March 2, 2010
CITY COUNCIL AGENDA REPORT
-01m R�'Cy9
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana
TITLE: Adjourn March 6, 2010 City Council Meeting due to Anticipated Lack of Quorum.
RECOMMENDATION: Approve.
BACKGROUND: On Tuesday, March 16, 2010 there is a regularly scheduled City Council
meeting; however, during the week of March 13 -17th, 2010 Mayor Herrera, Mayor Pro Tem Tye and
Council Member Chang will be attending the National League of City's Congressional City
Conference in Washington D.C. and will not be able to attend the Council meeting. Staff is therefore
recommending that the City Council Meeting of March 16, 2010 be cancelled due to an anticipated
lack of quorum.
Should the City Council concur, it is recommended that the Mayor adjourn the March 2, 2010 meeting
to April 6, 2010.
Pre ared by: Reviewed y.
Tommye Cribbins, City Clerk David Doy e, Asst. ity Manager
Agenda # g I
Meeting Date: March 2, 2010
CITY COUNCIL AGENDA REPORT
�oKrox*'�`9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
TITLE: Presentation regarding possible acquisition of building for use as City Hall
RECOMMENDATION:
Accept presentation and provide direction to staff.
FINANCIAL SUMMARY:
There is no financial implication associated with this presentation. If the City Council
decides to pursue the acquisition of the building and construction of a City Hall and
other public facilities at that location, staff will return to Council at a future meeting with
acquisition price, construction cost estimates, and financing options for consideration. If
the Council directs staff to conduct a credit analysis, as explained later in this report, the
cost would be approximately $15,000 and can be funded with existing resources.
DISCUSSION:
The City currently leases office space in the AQMD Government Center. The City has
leased office space for use as a City Hall since incorporation in 1989. The existing
lease with the AQMD will expire in February 2011. Staff has been in discussions with
AQMD executive management about acquiring additional office space and extending
the current lease for another 10 years.
Staff recently became aware that the building across the street, 21810 Copley Drive, is
available for lease and we inquired if the owners are interested in selling the building.
The owners have indicated they may be interested in selling the property.
BUILDING INFORMATION
• The building is two-story, a total of 55,095 sq. ft., located across the street from
the AQMD campus.
• The building is approximately 9 years old.
• 1St floor includes a number of improvements including a computer server room,
hard walled offices and conference rooms, and a kitchen area. The 2nd floor
consists of a few hard walled conference rooms located in the center of the
building but is mostly open office area.
• The interior finishes, carpet, wood work, light fixtures, etc are, for the most part,
in excellent condition.
• Preliminary investigations of the mechanical, plumbing and electrical systems
indicate these systems are in excellent condition.
Since the building is larger than the space required for a City Hall, staff has started to
explore possible partnership opportunities. Potential partners to share the building
include County Library, School District offices, and private tenants.
COST INFORMATION
Building — typically a building of this size located in the Gateway Corporate Center in
today's real estate environment costs between $9.5 million and $12 million. The City
would not purchase the building for anything above an appraised value ascertained by a
certified appraiser.
Relocation Costs — there would be additional costs associated with the relocation of City
Hall including architectural design work, construction of tenant improvements,
acquisition of furniture, fixture and equipment, and the cost to relocate municipal
infrastructure such as fiber lines and other telecommunications infrastructure. These
costs are estimated at approximately $2 million.
Again, City staff would return to Council will more specific cost information at a later
date if there is direction to pursue the acquisition of this building.
FINANCING
The City would have a number of financing options available from 100% cash funding
from reserves, financing through municipal financing mechanisms, financing through
private financial institutions, and/or any combination of the above. A financial report will
be provided to the Council at a future meeting explaining the various different options.
The report will include information regarding the costs associated with each financing
option including potential lost income from reducing General Fund reserves, cost of
issuance for any public financing option, and costs associated with interest.
For municipal financing options, the City will need to receive a "credit rating" to
determine the level of financing and the associated costs. If the Council is interested in
pursuing the acquisition, it is recommended that the staff initiate a credit analysis. The
credit analysis will provide the City with a credit score that will determine its credit rating.
Even if the Council elects not to finance the purchase of this building, knowing the City's
credit rating would be helpful for other possible projects that may require public
financing. Typically the cost for this analysis is approximately $15,000.
PREPARED BY:
om_
David Doyle
Assistant City Manager
DLIVIOND B(
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
CITY CLERK
FROM:
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DATE: _ _ 3— 2---Zoi o
ADDRESS:
ORGANIZATION:
PHONE:
A SNDA#/SUBJECT:) WIN tsj z- JV
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. ..
L)-
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This document is a public record subject to disclosure under the Public Records Act.
�upy0.F'a�
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: a J DATE: W -3/N-0
ADDRESS: Ltz PHONE: (9Ck�&Rta 40S6
ORGANIZATION: Cit 61 C1 ( -c-
AGENDA#/SUBJECT: 2:`Trtc,t 4't --'`t iakAnt ono"
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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.
Signature
This document is a public record subject to disclosure under the Public Records Act.