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HomeMy WebLinkAbout08/03/2010City of AugustDiamond Bal City Council Agenda UMS ay, 6:30 • 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 e City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. 111 MO `3W.1 I DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City broadcast live on Time -Warner Cable Channel 3 invited to attend and participate. PUBLIC INPUT Council. Meetings are open to the public and are and Verizon FiOS television Channel 47. You are Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent 'Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video * tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT ffiTi"i I "jK6 11-1 r, fel a -01 " -1 F ,j TjW6W=.A h--M*j CITY OF DIAMOND BAR CITY COUNCIL AGENDA August 3, 2010 PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 2010-28 Next Ordinance No. 04 (2010) HIM Mayor Ab Kastl, Associate Pastor Diamond Canyon Christian Church Council Members Chang, Everett, Tanaka, Mayor Pro Tern Tye, Mayor Herrera Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 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. 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. August 3, 2010 PAGE 2 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — August 4, 2010 — 6:30 — 8:00 p.m., Cold Duck (70s Top 40) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Movies Under the Stars — August 4, 2010 — Cloudy with a Chance of Meatballs - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Planning Commission Meeting — August 10, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive 5.4 Concerts in the Park — August 11, 2010 — 6:30 — 8:00 p.m., Sound Bytes (Pop 60s — 90s) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 Movies Under the Stars — August 11, 2010 — Where the Wild Things Are - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.6 Traffic and Transportation Commission Meeting — August 12, 2010 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.7 City Council Meeting — August 17, 2010- 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. no #11311971-1 6.1 City Council Minutes — Regular Meeting of July 20, 2010 — Approve as Submitted. 6.2 Planning Commission Minutes - Regular Meeting of June 22, 2010 — Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of June 24, 2010 - Receive and file. 6.4 Ratification of Check Register — Dated July 15, 2010 through July 28, 2010 totaling $616,585.27. Requested by: Finance Department August 3, 2010 PAGE 3 6.5 Treasurer's Statement - Month of June, 2010. Recommended Action: Approve. Requested by: Finance Department 6.6 Approval of Notice of Completion for Lycoming Street Rehabilitation Project. Recommended Action: Approve Requested by: Public Works Department 6.7 Approval of Amendment No. 5-A to Contract with West Coast Arborists for City -Wide Tree Maintenance and Watering Services for the 2009/10 FY Adding $6,130 to the Authorized Amount of $177,800 Resulting in a Total Amount Not -to -Exceed $183,930. Recommended Action: Approve. Requested by: Community Services Department 6.8 Approve Payment of City's Retrospective General Liability Insurance Deposit to California Joint Powers Insurance Authority (CJPIA) in the Amount of $60,522 and Appropriate Necessary Funds from General Fund Reserves. Recommended Action: Approve and Appropriate Funds. Requested by: Finance Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearing Adopt Resolution No. 2010 -XX: Confirming a Cost Report for 783 Bowcreek Drive (APN: 8281-043-065) and Establishing a Special Assessment and Lien Thereon for the City's Nuisance Abatement and Related Costs. Recommended Action: Receive Staff Report, Open the Public Hearing, Receive Testimony, Close Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: August 3, 2010 PAGE 4 Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 20, 2010 CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Randy Lanthripe, Church of the Valley, gave the invocation. ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Ken Desforges, IS Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Marsha Roa, Public Information Manager; Lauren Hidalgo, Public Information Specialist; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Patrick Gallegos, Management Analyst, and Tommye Cribbins, City Clerk. Also Present: Site D Consultants APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS 1.1 Walnut Valley Water Board President Ted Ebenkamp, along with Directors Allen Wu, Edwin Hilden, Barbara Carerra, Scarlett Kwong, General Manager Michael Holmes, and Jose Martinez, presented a check to the City in the amount of $57,557.50 for its Water Conservation Program. NEW BUSINESS OF THE MONTH: 1.2 C/Chang presented a Certificate Plaque to David Viloria, owner, DA Kine Hawaiian Grindz Restaurant, 958 N. Diamond Bar Blvd., as New Business of the Month for July 2010. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano thanked CSD/Rose for his initiative in applying for the Metropolitan Water District and Walnut Valley Water District resources to help support the development and installation of the City's centralized irrigation controller system which will save the City between 25% and 30% of the cost and use of its water over many years. This was a $500,000 project for which the City received approximately $222,000 in grant funds from the two agencies. He thanked the MWD and WVWD and staff for their participation and implementation of the project. JULY 20, 2010 PAGE 2 CITY COUNCIL 3 El 5. PUBLIC COMMENTS: Nicholas Wong and Alexander Ng representing Assemblyman Kurt Hagman's office introduced themselves and announced that if there were any residents who have questions or concerns that they could speak with them and that they will relay those questions and concerns to the Assemblyman. RESPONSE TO PUBLIC COMMENTS: None. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — July 21, 2010 — 6:30 to 8:00 p.m., "Doo Wah Riders" (Country) — Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 Movies Under the Stars July 21, 2010 — "Monsters vs. Aliens" — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 Parks and Recreation Commission Meeting — July 22, 2010 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. (Dark). 5.4 Planning Commission Meeting — July 27, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Concerts in the Park — July 28, 2010 — 6:30 to 8:00 p.m., "County Line" (Contemporary Rock) — Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 Movies under the Stars "Imagine That" — July 28, 2010 - - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.7 City Council Meeting — August 3, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Tanaka asked that Item 6.3 be pulled from the Consent Calendar. MPT/Tye moved, C/Evereft seconded, to approve the balance of 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 APPROVED CITY COUNCIL MINUTES — Regular Meeting of July 6, 2010 — As submitted. JULY 20, 2010 PAGE 3 CITY COUNCIL 6.2 RATIFIED CHECK REGISTER — Dated July 1, 2010 through July 14, 2010 totaling $2,002,359.46. 6.4 ADOPTED RESOLUTION NO. 2010-26: AUTHORIZING CITY STAFF TO APPLY FOR FEDERAL DISASTER RELIEF FUNDS. 6.5 ADOPTED RESOLUTION NO. 2010-27: AUTHORIZING SUBMITTAL OF A USED OIL PAYMENT PROGRAM (OPP) APPLICATION TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE), AND AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AGREEMENTS, CONTRACTS AND REQUEST FOR PAYMENT AS NECESSARY TO IMPLEMENT THE PROGRAM UNTIL RESCINDED. ROAD,i,.6 APPROVED NOTICE OF COMPLETION , FOR TRAFFIC SIGRAL INTERCONNECT LINKS — PHASE 11 PROJECT ALONG BREA CANYON DIAMOND C`' BLVD.` •Y CORPORATE CENTER D: • �. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.3 APPROVE THE CONTRACT WITH THE REGIONAL CHAMBER OF COMMERCE — SAN GABRIEL VALLEY, FOR BUSINESS DEVELOPMENT AND RETENTION SERVICES IN THE AMOUNT NOT - TO -EXCEED $12,000. C/Tanaka asked if a performance evaluation had been completed since the contract has been in place and if so, what was the outcome? CM/DeStefano explained that this is an annual contract and that there has not been a performance evaluation provided by staff; however, staff requests that the Chamber's Executive Director provide staff with a report on implementation of the contract provisions which is provided annually and reviewed by staff. Since this is an annual contract it provides the Council with an opportunity to consider the Chamber's performance when considering whether to renew the contract. C/Tanaka asked Chamber's Executive Director Heidi Gallegos how the Chamber was generating income in addition to the monies received from the member cities and projects. Ms. Gallegos explained that the Chamber is a member -based organization and that approximately 75% of the Chamber's revenue is generated by membership dues. JULY 20, 2010 PAGE 4 CITY COUNCIL C/Tanaka moved, C/Everett seconded, to approve the Contract with the Regional Chamber of Commerce — San Gabriel Valley, for Business Development and Retention Services in the amount not -to -exceed $12,000. 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 Due to the 7:00 p.m. schedule for Public Hearings, the City Council went on to Council Subcommittee Reports/Council Member Comments at 6:50 p.m. C/Tanaka reported that this past week he had attended the Concerts in the Park, a car wash sponsored by Fire Explorers IXX, the Library's Pirate Program, and Teens Night Out event. C/Chang stated that she attended the most recent Concerts in the Park. She also stated that she is very excited about the City's launch of its Twitter and Facebook pages and the City prescription drug discount program. She stated that her door is always open and reminded residents her City pursuits could be followed on Twitter. C/Everett asked residents to recall the legacy of Coach John Wooden and that the City of La Verne was listed in this month's Family Circle as one of the best towns for families. He asked everyone to enjoy the summer and enjoy the opportunities available including the Concerts in the Park series. MPT/Tye again thanked staff for applying for and receiving grants that make it possible for the City to do over $200,000 in improvements at no cost to the residents. He thanked the Chamber and Executive Director Heidi Gallegos for her efforts on behalf of the Regional Chamber of Commerce. M/Herrera thanked staff for applying for and receiving grant monies to help the City conserve water. Everyone has an obligation to conserve water and the City has been spending money on redoing its sprinkler systems and replacing grass and plants with more water tolerant plants. 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING — A PUBLIC HEARING TO CONSIDER VARIOUS ACTIONS PERTAINING TO SITE D (A SITE COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR JULY 20, 2010 PAGE 5 CITY COUNCIL BOULEVARD, DIAMOND BAR, CA (ASSESSORS PARCEL NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714- 015-001) INCLUDING GENERAL PLAN AMENDMENT NO. 2007-03, ZONE CHANGE NO. 2007-04, SPECIFIC PLAN NO. 2007-01 ("SITE D SPECIFIC PLAN"), TENTATIVE TRACT MAP NO. 70687, AND CONSIDERATION OF CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 2007-02 (SCH NO. 2008021014). (Continued from the June 15, 2010 City Council Meeting) a) RESOLUTION NO. 2010 -XX: CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2008021014) AND APPROVING THE MITIGATION REPORTING AND MONITORING PROGRAM AND ADOPTING FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SITE D SPECIFIC PLAN AND TENTATIVE TRACT MAP NO. 70687 FOR A SITE COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). b) RESOLUTION NO. 2010 -XX: APPROVING GENERAL PLAN AMENDMENT NO. 2007-03 AND ZONE CHANGE NO. 2007-04 FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). c) RESOLUTION NO. 2010 -XX: APPROVING TENTATIVE TRACT MAP NO. 70687 FOR SUBDIVISION OF 30.36 ACRE SITE FOR RESIDENTIAL AND COMMERCIAL PURPOSES WITH 202 -UNIT RESIDENTIAL UNITS AND 153,985 GROSS SQUARE FEET OF COMMERCIAL USE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (APN 8714-002- 900, 8714-002-903 AND 8714-045-001). d) ORDINANCE NO. OX (2010): APPROVING ZONE CHANGE NO. 2007-04 CHANGING THE EXISTING ZONING TO SPECIFIC PLAN FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8714-002-900, 8714- 002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). JULY 20, 2010 PAGE 6 CITY COUNCIL e) ORDINANCE NO. OX (2010): APPROVING SITE D SPECIFIC PLAN, SPECIFIC PLAN NO. 2007-01, FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). CM/DeStefano explained that this matter was continued from the June 15, 2010 Public Hearing regarding the 30 -acre property known as Site D, located at the Southeast Corner of Diamond Bar Blvd. at Brea Canyon Rd. Applications under consideration include a General Plan Amendment, Zone Change, Specific Plan, Tentative Tract Map and Environmental Impact Report all associated with a proposed development project comprised of 202 dwelling units and a maximum of 153,985 sq. ft. of neighborhood commercial uses. As Council is aware, staff prepared a detailed report on this proposal which includes responses to questions and comments from the audience, as well as Council comments and directions raised at, the June 15, 2010 meeting. Copies of the report and attachments were provided to City Council and have been available to the public at City Hall, Diamond Bar Library and posted on the City's website. Staff and the City's consultant team are prepared to provide a detailed staff report; however, it is his understanding that Walnut Valley Unified School District Board President Nancy Lyons requests the opportunity to make a presentation this evening. Nancy Lyons, WVUSD Board of Trustees President, representing the entire Board, stated they appreciate the time the Council and City's staff has taken to prepare for tonight's hearing pertaining to the property known as Site D. As the community knows, Site D is an important school asset that serves a role of the District's capacity to fund and manage quality schools and educational programs in the future. Approval of a Specific Plan for the site is essential to this capacity. Like most public processes, concepts and ideas evolve and change. The Board has received and read comments from the community and recognizes the suggestions and opinions as a valuable part of this Specific Plan process. At the most recent D.B. Planning Commission Public Hearing, it was suggested that a 1.3 acre park be added to the project. This possibility certainly could affect the various project concepts evaluated in the Specific Plan and would also have some impacts on the neighborhood. On behalf of the Board, it would like to have the opportunity to explore a park component as part of the Specific Plan for the site and to identify and evaluate alternative layouts for a park as well as enable further consideration on the various site development alternatives. Equally important will be the chance to continue a dialogue with the community and to clarify recent JULY 20, 2010 PAGE 7 CITY COUNCIL misunderstandings regarding the Specific Plan that has surfaced including certain scare tactics such as, the Specific Plan will result in high density apartments which have never been the intent or the desire of the City and/or the School District. The School Board understands that there are multiple options as to the preferred mix of uses of the site with or without a park as well as, the potential impacts that a park may bring to the site and its neighbors. The Board believes it is important to get feedback and input from the community. To that end, the School District would support a continuance of tonight's hearing for approximately 60 days depending on scheduling and monitoring. She thanked the Council for its time and said she would be pleased to respond to questions. Jack LeBrun, Asst. Superintendent of Business Services, WVUSD, conveyed that the District faces significant financial challenges as a result of the State's budget constraints, declining enrollment and increases in operating costs. As a result, Site D is a potential revenue source for the School District. As a community based organization, the School District is committed to providing excellent educational services, facilities and programs. Without additional funds these items will most certainly suffer. The Specific Plan for Site D is a process that the City and School District embarked upon to support the District in its continuing comprehensive approach to education and most importantly to serve the students now and in the future. It is essential for the School District to complete the Specific Plan in order to generate revenue from this important asset. CM/DeStefano asked if there was Council consensus to continue the matter as requested by the School District. He stated that assuming concurrence, the Council may wish to invite public testimony from those individuals who wish to speak this evening knowing that the Council will continue the matter to a future date. At the conclusion of public comments, Council may wish to provide additional communication to staff or the District so that formal action can then be taken to consider the request for continuance. CA/Jenkins noted that in light of the probability that the City Council will accede to the School District's request and continue the item and notwithstanding members of the public who wish to comment tonight, when this item is rescheduled for hearing before the City Council anyone who wishes to speak at that time will be given the opportunity to speak. In light of comments by School District representatives this evening about taking a look at the precise configuration of the project it may look different than it looks now and so comments tonight on what is currently in front of the Council may be rendered moot if the District/applicant comes back to the City with a different proposal. JULY 20, 2010 PAGE 8 CITY COUNCIL C/Chang asked if the School District planned to conduct study or focus groups. President Nancy Lyons responded Yes. It is their intent to get additional input from the community and take a look at the proposed park, etc. C/Chang asked how many such group meetings might be conducted within the next 60 days. President Lyons responded that since this is such a new development the School Board is not prepared to commit to a specific number. C/Everett thanked the Board, School District and staff and appreciated, respected and desired to move forward on the basis that the School District is joining in the dialogue. In his opinion, 60 days may be a bit optimistic with all that is to be done and proposed a 90 -day continuation with a minimal stipulation of reimbursement that might expire on a certain date. Ms. Lyons responded that the School District is well -aware of the stipulation and willing to continue the matter if 90 days is better. The School District felt it could be accomplished in 60 days. MPT/Tye felt there had been enough progress on the matter to move forward but he believed the School District was the same as any other applicant cant who might wish to postpone. He would support the District's request for a 60 day continuance and if at the end of 60 days the District needed more time the District could request additional time. As for the number of meetings, one meeting is one more meeting than there would have been if the request for continuance had not been offered. M/Herrera asked if the Council allowed 90 days and the School District concluded its study in 60 days could the Council come back in 60 days. CA/Jenkins responded "No." CM/DeStefano also replied that the plan as stated by the School Board President is evolving and staff is not aware of how many meetings are planned and what the results of those discussions will be and how those results might affect the current or future plan if proposed which may cause the current documents to be changed. 60 days is a bit aggressive in terms of a community dialogue, providing results of that dialogue to the City's staff in order for further analysis to be undertaken so that an appropriate report can be provided to Council. 90 days or JULY 20, 2010 PAGE 9 CITY COUNCIL longer is a bit more likely for these actions to take place. CA/Jenkins stated that a third alternative would be not to set a date so that the only constraint on the District would be to bring the matter back and for staff to then to re -notice the Public Hearing. If the matter were tabled, it could be re -noticed for a Public Hearing at any time which would give Council a bit more flexibility. MPT/Tye said he concurred with the last option to table the matter to provide for more flexibility. M/Herrera said she agreed. MPT/Tye said he wanted to be very clear for the public's edification that the matter would be re -noticed. C/Tanaka commented that he was pleased the School District decided to engage the community to a greater extent because in his opinion, more public discourse would allow questions and misconceptions to be answered and addressed. He asked the School District to be as clear as possible on what direction they wished to take for the site and the exact purpose of the MOU because many residents were under the impression that the site actually belonged to the City of D.B. Additionally, there may have been several alternatives considered but only one plan was presented. The plan stressed 50% residential and 50% commercial even though there was considerable input for other options from residents. He felt the Specific Plan was too limiting for attracting potential developers by restricting it to 50/50 residential and commercial because it lacked inclusion of modern elements in sustainable areas. If a park space is considered it should be a desired element as expressed by the residents and should be planned in advance and not seen as an item that would fit into the project. He felt there were ways to protect some of the age old trees on the property with proper planning. In his opinion, the most important component is the community's input and there has to be some evidence of consideration of input from the residents. He felt there was an opportunity for development of a project that would be acceptable to the community and for which the community could be proud. He also believed there was an opportunity to consider different elements such as open space, pedestrian -friendly element, inclusion of a water feature, etc. because this is a point of entry for D.B. With respect to housing, even though there was an opportunity for higher density housing there should be a consideration for senior housing in the area. Commercial development should be viable with goods and services offered benefiting the community as a whole giving consideration to the numerous empty store fronts that currently exist in the City. There is an opportunity to slow down this project in order to do it right. JULY 20, 2010 PAGE 10 CITY COUNCIL C/Everett said he was interested in flexibility; however, communication was critical and would rather have a date certain so that everyone present including the media will be aware of the date. While it is true that the appropriate public notice will be given (if the matter is tabled) he doesn't want to wait for a public notice because too often folks say they were not notified of various items. MPT/Tye said that whatever date is set it is important that members of the public have an opportunity to speak this evening and would prefer to leave it open. C/Chang stated that over the past 30 days she has been able to gather a lot of great input from residents about Site D and was very pleased that the School District requested a continuance in order to continue a dialogue with the community. She would prefer the flexible option because she did not know how long it would take to gather information. MPT/Herrera reopened the Public Hearing at 7:22 p.m. and asked for Public Comment. She asked that the speakers recognize that this project may change and that their comments might be based on this proposal, it may go through revision and that speakers may wish to withhold their comments until the next Public Hearing. She reminded speakers that there is a five minute limit. Helen Hall, WVUSD Board Member, said she had not been able to attend previous meetings regarding Site D. Thirty years ago she and her family moved to Diamond Ridge and like most parents, one of the main reasons was a quality school district. Walnut had and continues to have a reputation for a quality school district. She has now served on the Board for 24 plus years. The School District bought Site D because it was starting to grow very rapidly at the middle school level and needed to pool students from both Walnut and D.B. At that time it did not make sense to put a middle school at that corner so the school bought the South Point property for its middle school. Over the years there have been various projects proposed for Site D but those projects did not pan out. The School District has challenges and to continue to provide a quality school district with the current and ongoing state of its budget and the State's budget the School District needs to think outside the box. She thanked everyone who sent letters and emails.. The Board does not intend to stock the coffers with money but want to do the best it can for the students and the community. Terry Meyer was glad that the applicant was considering other options and liked what C[Tanaka said about the possibility of low density residential, senior housing and a park. He is not interested in seeing a business going into that little section and does not want to see a JULY 20, 2010 PAGE 11 CITY COUNCIL transient community in an apartment complex next to Diamond Ridge where he has -lived for 30 years. Larry Smith stated that when he and his family moved to D.B. he felt that one of the best things about D.B. was its school districts. It was not the restaurants and shops but the school districts that held up the City's property values. He thanked CM/DeStefano, ACM/Doyle and Council Members for their vision to improve the Diamond Bar Library because it is the quality of education that is paramount to the City's quality of life. Site D holds a similar challenge. In the tough California economic climate the City needs to support its school districts and allow them to use their assets to their highest and best value in order to continue the high level of education they provide. From a reliable source he learned that the City has about 25% vacancy in its commercial sector and it may not be viable to put more commercial space at Site D. Obviously, no one wants low income housing but believed that was a scare tactic. Good quality affordable housing could be very saleable and add school -aged families to the community and thus ensure the continuation of the schools and the districts. Denis Paul thanked the Council for presenting him a plaque commemorating his 30 -years of service to the WVUSD. As he listens to the discussions about budget and projections about the future of WVUSD he shares the concerns of his colleagues about the ability to continue to preserve and present a world class education. Council and staff have worked with the community to resolve many issues and he sees that happening now. The bottom line is that the District needs to get revenue from Site D and believes it that can be done in a way that is sensitive to community needs as well as environmental and traffic congestion concerns. Benjamin Yep has two young children and came here looking for a place to raise his family and educate his children with a world class education. He got involved with the School Board because he was frightened by what he saw coming. Currently, the School Board is cutting teachers and teacher's salaries and closing schools. If the community does not come together to help the schools there will be a lot of fall out. There is a petition being passed around in this auditorium right now from people who are saying "No" to development. While he respects their position as a Walnut homeowner he hopes that they will look at this as an opportunity for dialogue. He has attended School Board meetings for over a year and believes the members will listen and do what they can to make a difference. Sherry Babb moved to D.B. in 2000. Her eldest daughter graduated from DBHS and her younger daughter is a senior at DBHS. She has a board member of the Chinese American Association for the past three JULY 20, 2010 PAGE 12 CITY COUNCIL years and is also involved in other community service organizations. She believes the community should support its public schools to achieve the highest possible education for its children. Gary Chow, Walnut resident, hoped the Council would find a way to resolve this issue because WVUSD is going through very, very difficult economic times attempting to produce a balanced budget. The budget crisis was so severe that this past March the District had to make a painful decision to cut the elementary school music program. When he found out that this wonderful and very valuable program was about to be cut he and his friend made a decision to fund the music program. They both felt it was time to step up and ensure that future D.B. and Walnut children would have the same opportunities that were afforded to their children. As a result, they have committed to paying the School District $168,000 a year for the next three years so that the music program at the elementary school level can continue. Tonight and in 60-90 days from now the City will be in the same position and while the City will not be writing checks to the School District like he and his friend are doing, the Council's decision will ultimately accomplish the same thing. The Council's approval of whatever change it ultimately agrees upon will allow the District to sell the property at a significantly higher value so that it can use the proceeds to provide the level of education children deserve. The children of the future need to have the same opportunities as the children of the past. Debbie Dobson, President, Coordinating Council for WVUSD, supports the School District because whatever happens, the Council Members know that the District has the best interest of the kids at heart. The Coordinating Council consists of parent representatives from every school in D.B. and Walnut and during the past month the Coordinating Council has been trying very hard to come up with fundraising and moneymaking ideas to help the District. Parents are beginning to see that a lot is being taken'away from the kids and they also know that the School District is doing the best that it can under the circumstances. Parents believe that music for 4th graders and sports programs for high school students are just as important as the academic classes. Parents do not want to see any programs cut from their children and they are now seeing that their children's educational opportunities are being cut which is very upsetting. Parents are trying to do their part but know that these drastic budget cuts offer little opportunity for fundraising events to provide any amount of money close to what is needed to preserve these programs. Girish Roy stated that he doesn't like to see the School District going through these tough budget times; however, he would not like to see high density and commercial components at Site D because there is already a severe problem with traffic issues and transients. He would JULY 20, 2010 PAGE 13 CITY COUNCIL like for Site D to be turned into a park and requested that the City purchase the property and turn it into a park. David Busse said he had children who graduated from local schools and attended a regional college. He supports the schools but is a bigger supporter of a sense of community. He said he had 300 more signatures of people who represent a broad range of ideas and thoughts in D.B. who wanted a say in this matter. If the City is going to make what could be a profound change to the south end of D.B. it has to be right. He presented the petition to the City Clerk and said he would be one of the first to sign up for a working group to discuss this matter. Richard Yeh, Country Hills Holding, readily admitted that what he was about to say was probably very self-serving based on his commercial interest in the center but felt his points were valid and should be considered. Based on his experience of owning the center if the City was able to find a commercial developer to build the center, it would likely be difficult to attract the type of tenant the City would want. D.B. is a "tweener" location and to MPT/Tye's point, by the time drivers were able to see the commercial shops it would be too late to exit the SR57 to reach the location. In addition, there is already a large amount of vacancy throughout the area with some vacancy in his center. He feels good about the center as things stand today he feels the situation would be very different if the City were to build a center just down the road from his. While the City has a plan to raise extra sales tax dollars to help the City, it may not see that particular footage raise the amount of sales tax dollars it seeks because it will take sales from other centers in the City. He said that he ultimately questioned whether such a project would be successful and whether the City had considered that its gateway to the City could be a half -empty center. He felt the best economic compromise to maximize revenues to the District would be to go all residential and park space. Carolyn Elfelt, WVUSD Board Member and 30 year resident, said that while both of her sons went through the Walnut Valley schools she spent many hours at each school raising money to help support the school programs. She now serves on the School Board and was not present to talk about the Specific Plan, but rather just the site in general. The District's job is to educate and the nearby street named Fallow Field speaks to Site D. It is a passive asset. It generates nothing that helps the District educate kids. In these difficult economic times the District needs to turn this passive asset into a revenue generating asset that can be used to help educate the students. The District needs to have this idle land entitled so that it can be transformed into some kind of a revenue stream to help provide the educational tools that the children need in order to survive in this highly JULY 20, 2010 PAGE 14 CITY COUNCIL competitive global economy. Clark Rucker, DBHS Brahma Foundation member, WVUSD Coordinating Council member and Vice President, past member of the Chaparral Community Club, member of the DBHS Magnificent Seven, and parliamentarian for the Council of African/American Parents, said he was in favor of the sale of Site D. This year is a kind of perfect storm. District enrollment has declined, State funding has decreased and dollars per student has declined. Currently, D.B. and the WVUSD are facing severe detriments. Over the past three years the WVUSD State revenues have been reduced by $19,000 or about 17.4% and in 2007/2008 the revenues were about $110 million and in 2010/2011 the revenues are down to about $91 million so that as the District looks to the .2010/2011 it faces further reductions including a possible reduction in teaching staff of 60 plus, $600,000 in administrative reductions, salary reductions, loss of custodial positions, K through 3 class size increases to 31, loss of academic programs, loss of extra -curricular and after-school programs, loss of school bus transportation and possible closure of schools altogether and shortening of the 2010/2011 school year. Furlough days are being considered and encouraged. In 2007/2008 the per -student allocation was $15,316. In 2010/2011 the per -student allocation is $4,970 and that is essentially why this project is in front of the City Council. He hopes that this City Council will assess what the sale of Site D means to the City of D.B., to the WVUSD and most important to the students who have grown, learned and enriched their lives in this school district and in this City. Christopher Chung said he was pleased to learn that the School District was interested in having further discussions about Site D. As residents of D.B. he is pro-WVUSD but opposed to the process under which this project developed which he believed offered inadequate input from the residents and ignored comments. Some of the comments raised were not appropriately responded to by the City such as the issue of whether or not any of the housing would be low income. The document allows for that and a 25% density bonus. The response from the City should have been that that was not correct and that it should have been excluded. If the money is going to WVUSD he hoped there was a guarantee that some of the money would be spent in D.B. versus the City of Walnut. There are fundamental issues that have to be addressed in order to get to an approval of a Specific Plan such as, the General Plan is outdated and in the General Plan the Resource Management Element which is the City's Open Space Element indicates there are deficiencies in Open Space. So the elimination of open space is not consistent with that element and therefore, there is no way the Specific Plan can be consistent with the General Plan. He hoped that some of the impacts of this project would be addressed and reanalyzed such as traffic and the time when JULY 20, 2010 PAGE 15 CITY COUNCIL grading can commence. He asked the Council to, step back and consider the right process. He thanked C/Chang for talking with him and for the rest of the City Council for taking a step back and further discussing the proposal. Judy Liang, D.B. resident said she felt the majority of residents supported the School District but asked them not to forget their mission and their slogan. "Kids first, every student, every day". She wanted to know what more commercial and high .density residential had to do with kids first, every student, every day. Residents are not opposed to development but there are a lot of problems with this process such as why other alternatives were never presented to the residents and why there are no bids going out and the City has only one consultant. Residents are not opposed to a project that will generate more money but if the City has to do that please do it in the right way by doing a thorough study. Mercedes Garrett thanked the City Council and the School District for the opportunity to discuss the Site D Plan. She was concerned about only three access streets to Diamond Bar Blvd. in the area of Site D and related an incident on Castle Rock Rd. which caused delays for everyone in the southern part of town leaving their homes. Now traffic is even worse on Brea Canyon Rd. and the idea of building more homes in that area that would cause more traffic in the area concerns her for the safety of the residents in the event of a disaster. More families with children are coming into the area because homes are now more affordable so she wondered if it was true that enrollment was down because she is seeing an increase of families with young children moving to D.B. If the plan is to build more homes it seems to her that with the number of foreclosures that have occurred there will be even more empty homes because of the economy. Vinod Kashup, a 25 -year resident wondered why the Council is talking about a development at this time. Eight months ago everyone was talking about a stadium and now we are talking about a development. The sign advertising this public hearing was so hidden that he did not see it. He learned later that the City has an obligation to inform all residents living within 1000 ft. of the development and have no obligation to report to others directly. He may live within 1500 ft. of the projects but no one took the time to write him a letter to tell him there are only three ingress and egress points in his neighborhood and this project would impact him. He thinks there is a total lack of communication here. If the City can talk about the stadium at such great lengths and not talk about something that impacts D.B. he thinks there is a fundamental flaw in the thinking at the City. He served on the Diamond Bar Community Foundation and on the Traffic and Transportation Commission. When Bob Zirbes was mayor his dream JULY 20, 2010 PAGE 16 CITY COUNCIL was to have playing fields and a sports center and if there is an area which is crying out to be developed as a sports center what better way to honor Bob Zirbes than to come off of the freeway which was named after him to a sports center which could also be named after him instead of having homes built in a time when homes are not selling. We are selling this land at a time when prices are rock bottom. There are businesses in the immediate area that will suffer. What are we doing here, how did we get here, why are we here and how do we get out of this. Gregory Shockley said he has heard this referred to as a perfect storm with declining enrollment, lost tax dollars and so on and so forth. This is not the perfect storm. The reason the School District is successful is because of the people who work for it. Money will go up and money will go down. Selling this lot right now — maybe something should be done with it. He would like to see it developed but doesn't want to see one hundred percent houses or one hundred percent park or one hundred percent commercial. He felt that C/Everett, C/Tanaka and MPT/Tye had fantastic ideas that were expressed at the last public hearing. He said he was disappointed and discouraged about the proposed plan. He expected things would get worse before they got better but he believed that the sun would come up within the next four or five years and the School District will be full again and will have more money. Site D has nothing to do with the success or lack of success of the School District, Success has to do with the administrators, teachers and parents and not from money. Joyce Tweed, Running Branch Rd. is an elementary school teacher in another school district and has learned that starting this fall her school might be closed and having had the school board vote to close two schools she is currently in the process of moving her teaching tools to another school site. Everyone is sad to see a community school close but if we make a mistake wanting to take care of the students of D.B. it will be a mistake that the residents will dread for a long time. She has not been present for every meeting but she has not heard anything but that it is important to think of the students and young people in the community. What about the older folks in the community who are in retirement and want to downsize to lodging in a place they have grown most accustomed to. As people get older they do not like change. They like to be able to go to their church, not have to face major traffic or major travel to shop and, if the property has to be sold, she would like to have the District and City give thought to provide residences to retired folks. There is no location that provides assisted living for people who are retired. She would love to see a park in that location but could D.B. at least get something new that would continue to serve its citizens. JULY 20, 2010 PAGE 17 CITY COUNCIL With no further public comments being offered, M/Herrera brought it back to the Council for comment. M�T/Tye asked staff to address comments referring to the General Plan being outdated, that the Specific Plan for Site D is inconsistent with the General Plan because the General Plan says D.B. does not have enough open space and by falling in the splash zone calling this site open calling it open space when it is not open space, it is undeveloped private property. He would also like staff to address the notification issue, and what it would mean to the City if the City were to go outside of the set notification parameters. CM/DeStefano reiterated that staff has answered those comments and they are in the written record. He agreed that if someone raises an issue enough times they are doing so deliberately in an effort to ensure that it sticks. It is a bit disingenuous to say the least. The General Plan is not an outdated document. One of the speakers works for another municipality and is active in community development in that municipality including the creation of affordable low income housing units. That particular City has a General Plan that is older than D.B.'s General Plan. The property being labeled as open space is not an accurate statement. This is simply vacant land and there is no inconsistency between what the General Plan says regarding Site D or what it says with respect to open spaces on that particular piece of property. D.B.'s noticing is three times the State's requirement. D.B. has always provided for more aggressive public notice and provided notice to the public in ways that go well beyond what many communities do. Public noticing for this project according to State law is 300 ft. D.B. has a requirement of 1000 ft. D.B. requires noticing via signage whether it is this project or similar projects. D.B. posts public notices on its City Website, posts its agendas and agenda materials on the City's Website and that is not required by law. Everything that the Council received tonight is available to the general public not only at the traditional locations of City Hall and the Diamond Bar Library but online for review and download. Stated simply, Yes, attempts continue to be made to misstate the facts to string together things that should not be strung together in order to create controversy or to try to generate support for one's view. Those are inaccurate statements and staff has elaborated in more detail in the staff report and will likely do so again in order to ensure the record is correct at the next public meeting when this is discussed. CA/Jenkins said that several speakers during the course of the last couple of hearings have suggested that the City simply turn this entire site into a park or open space. That would be a choice that only the School District as owner of the property could make. The City is not legally able to simply turn this entire site into a park or open space. JULY 20, 2010 PAGE 18 CITY COUNCIL Under the California Government Code the City must treat an unused surplus school site as though it were private property and as everyone knows, if it were private property, turning private property into a park or open space would constitute a "taking" on the part of the City and no municipality can take a person's property and simply declare it to be open space and of no value. People in this country and state have a right to make some beneficial use of their property under the Constitution. Under Government Code §65852.9 that right is extended to school districts to the extent that they have unused school sites that they have no intention of using for school purposes. Consequently, to assert that it is inconsistent with the City's General Plan Open Space Element not to convert this into some sort of park or open space is legally erroneous and simply a misstatement of the law which has no merit whatsoever. The truth is that the City cannot do that. That is not to say that State law dictates what type of use must go on the property but it does dictate that the City must treat the school district as though it were a private property owner and allow them the beneficial use of their property. It would be beneficial for everyone to know that the City is not in a position to impose a park or an open space over the entire parcel. Further, in the interest of clearing the record and eliminating a misconception that may be in the airwaves, it has been asserted over and over again that the density of this parcel could be exceeded due to density bonuses that are available under State law and that the City has not accurately represented what the actual maximum allowable density could be. One of the speakers suggested the City "should take it off the table." He has two observations. One is the City cannot take it off the table because the City is preempted from taking it off the table. State law simply provides that private property owners, whether it is the school district or a private owner, has a right to seek density bonuses. That is not to say the property owner will or they would and in fact, most property owners do not. It is very unusual to find a developer who is interested in using the density bonus law. However, the City cannot legally take it off the table. It is a matter of State law and the City has to abide by State law and there is nothing that can be done about it. The School District has made it clear it is not interested in seeking density bonuses and he thinks that should be taken at face value. But it is not a correct thing to say that the City should simply eliminate that possibility because the City does not have that power. He also noted that the EIR traffic consultant has looked at the traffic impacts associated with such a hypothetical increase in density and has concluded that it is deminimis. To the extent there is an argument floating around that the addition of these hypothetical density bonus units which will likely never be built will have a significant traffic impact is simply wrong. Finally, there is California Case law that says that the possibility that a developer MjgjLt utilize something like a density bonus is so speculative at this stage when all the City is doing is adopting a Specific Plan is so speculative that it need not even be addressed in JULY 20, 2010 PAGE 19 CITY COUNCIL 1.1 the EIR. Nonetheless, the City asked the traffic consultant to take a look at it and again, the consultant determined that the affect was deminimis. He hopes his additional statement further contributes to putting aside some of the erroneous statements that have been made. CM/DeStefano stated that the speaker who discussed the point about apartments to which CA/Jenkins was just referring should know by nature of the profession that the speaker is in and the municipality that the speaker works in that the statements that he made is trying to generate concern and support for a particular position. He hopes the individual knows that his municipality is required as is every municipality in the state of California, to provide such a density bonus based upon certain characteristics and certain requirements. It is not unusual and it is speculative at this point as to whether any project would come forward along that line. None have ever come forward in the City of D.B. But to try to imply that low income apartment units are coming or that they are improper is seriously flawed. As to the other comment that senior housing might be appropriate for that site maybe it is. Of course a group that is typically housed in an apartment complex and who is typically at low income levels — seniors. So is the City precluding by that statement a senior project that some residents believe is appropriate? Again, he believes it is unfortunate that comments were made in an attempt to solicit support based upon a flawed representation of the facts and what State law requires. That is why that provision is listed in the document, because it is required to be listed in the document. He only hopes the same type of provisions would be listed in the speaker's City's documents for the projects they work on. Following discussion, M/Herrera moved, C/Everett seconded, to continue the Public Hearing to the City Council meeting of October 19, 2010. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Tanaka, M/Herrera NOES: COUNCIL MEMBERS: Chang, MPT/Tye ABSENT: COUNCIL MEMBERS: None C/Chang and MPT/Tye stated their reason for voting "No" was their wish to have the matter tabled indefinitely in order to allow the School District to set the time for the next public hearing. COUNCIL CONSIDERATION: None 9 JULY 20, 2010 PAGE 20 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 8:45 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2010. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 22, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Absent: Commissioner Steve Nelson was excused. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: VC/Nolan asked to have Public Hearing Item 7.2 under consideration ahead of 7.1 since she would have to recuse herself and leave the dais. VC/Nolan moved, C/Shah seconded, to amend the agenda to consider Public Hearing Item 7.2 ahead of 7.1. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS- Nelson 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 25, 2010. C/Shah moved, C/Lee seconded, to approve the Minutes of the Regular Meeting of May 25, 2010, as presented. Motion carried by the following Roll Call vote: JUNE 22, 2010 PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: Lee, Shah, VC/Nolan, Chair/Torng None Nelson 7.2 Conditional Use Permit No. PL 2010-181 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested to relocate a music school presently operating under the business name "The Music Store." The proposed music school will provide music lessons to children and adults. The proposed hours of operation are from 12:00 noon to 9:00 p.m. Monday through Thursday; 12:00 noon to 8:00 p.m. on Friday; and, 10:00 a.m. to 6:00 p.m. on Saturday. PROJECT ADDRESS IS 5000-04 114 N 1001 AM 2 IN 785 Pinefalls Avenue Diamond Bar, CA 91765 Sam Sakurai 787 Pinefalls Avenue Diamond Bar, CA 91789 APPLICANT: Gene Iacono The Music Store 20875 Golden Springs Drive Diamond Bar, CA 91789 PT/Tobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL 2010-181, based on the Findings of Fact, subject to the conditions of approval as listed within the resolution. VC/Nolan asked if there were other vacancies in the complex that were taken into consideration when considering parking and PT/Tobon responded that this was the only vacancy. Chair/Torng questioned the number of parking spaces required. PT/Tobon responded that 14 spaces are required for the music school. JUNE 22, 2010 PAGE 3 PLANNING COMMISSION There were no ex parte disclosures. Chair/Torngopened the public hearing. Gene Iacono, 785 Pinefalls Avenue, said he read staff's report and agreed with the conditions of approval. Mr. Iacono said he has been in the community for 31 years on Golden Springs Drive. His school has more than 10,000 alumni who are members of the community and have now started bringing their children to his school. He developed the one-on-one teaching business model and it has remained strong and is a feather in the City's cap. It is the kind of scenario that is beneficial to the community. He thanked PT/Tobon and all of the City's staff who worked very hard to accommodate them after being evicted from his previous space to accommodate a pizza parlor. The new location serves as more of a "campus feel" instead of retail and he is pleased that it fits with his plan. Timothy Neal, 217 LaSalle, Riverside, said he began taking lessons at The Music Store in 1986 and was involved in voice education and guitar lessons. He was also involved in a music workshop program that was very beneficial and he believed it has benefited him in all aspects of his life and felt it would likewise benefit others. He plans to bring his son from Riverside to The Music Store once his son is old enough to take lessons. Paul Broche, 1881 Hawkbrooke, San Dimas, said he met Mr. Iacono about 25 years ago when he was looking for help for his children. All three of his children were musicians and he needed a good place for them to study and he took them to The Music Store. All three of his children took lessons there through the 80's and early 90's. His daughter now teaches elementary school and her two children now attend The Music Store. This is a tradition that Gene Iacono has worked hard to build that offers a culture of music education that just cannot be matched. Colin O'Neil, 1608 Morning Sun, has known the applicant for about nine years and music is a very important part of his life as well. Music education is very important — it improves reading and writing skills as well as benefits other motor skills and he would like for the Commission to approve the application. Chair[Torng closed the public hearing. JUNE 22, 2010 PAGE 4 PLANNING COMMISSION The applicant returned to the dais to respond to C/Shah's question about what kind of music The Music Store offers. Mr. Iacono responded that the store teaches vocal and instrumental, and has a faculty of 18 teachers. There is no fixed age restriction because some very young students can benefit from lessons early in life on some instruments. Some students are in their 50s and 60s. Studies have shown that individuals who study music have higher SAT scores. VC/Nolan said that 18 years ago her daughter took acoustic guitar lessons with the applicant and today she is a college educator and agrees that music helps with academic studies. VC/Nolan moved, C/Lee seconded, to approve Conditional Use Permit No. PL 2010-181, base on the Findings of Fact, subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 7.1 Development Review and Minor Conditional Use Permit No. PL 2010-108 — Under the authority of Diamond Bar Municipal Code Section 22.48.040 and 22.56.040, the applicant, David Viera, is requesting approval of a Development Review of an addition to the side of the house and a Minor Conditional Use Permit to allow the continuation of an existing 13 foot, 4 inch rear setback (25 feet is required). The lot is zoned Low Density Residential (RL) with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). PROJECT ADDRESS: 24033 Highcrest Drive Diamond Bar, CA 91765 PROPERTY OWNER: Karen Carnaj 24033 Highcrest Drive Diamond Bar, CA 91765 JUNE 22, 2010 PAGE 5 PLANNING COMMISSION APPLICANT: David Viera Viera Design & Construction 127 W. Badillo Street Covina, CA 91723 VC/Nolan asked to be recused from deliberation on this matter. VC/Nolan said that she is close friends with the property owner. V/C Nolan left the meeting. PT/Tobon presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL 2010-108, based on the Findings of Fact, subject to the conditions of approval as listed within the Resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. David Viera, 17 W. Badillo Street, Covina, CA 91723, said he read staff's report and concurred with the conditions of approval. Chair/Torng closed the public hearing. C/Lee moved, C/Shah seconded, to approve Development Review and Minor Conditional Use Permit Noi. PL 2010-108, based on the Findings of Fact, subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: C/Nelson, VC/Nolan 8. PLANNING COMMISSIONER COMMENTS/INFO RMATIONAL ITEMS: C/Shah said he was unable to attend the Council's Site D deliberation. Chair/Torng said he attended the Council's Site D deliberation and found it very interesting. Indian tribal members attended the meeting and said Site D was their holy land. The public hearing was continued to July 20, 2010. JUNE 22, 2010 PAGE 6 PLANNING COMMISSION 91 STAFF COMM ENTSIINFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman reported on his attendance at the International Conference of Shopping Centers Annual Convention in Las Vegas during which he attempted to assist in marketing some of the available retail space and in particular, redevelopment of the Kmart property. CDD/Gubman stated that the City Council began the public hearing process for Site D last week and continued the public hearing to July 20. About 11 or 12 members of the public spoke to the project after which the City Council provided staff with direction to return on July 20 with responses to comments as well as, additional information. The Council expressed some opinions and there is certainly no consensus among Council Members at this point. One Council Member felt commercial was not viable; another Council Member felt the opposite and the remaining Council Members appeared to be open to alternatives. Should the City Council ultimately make a decision that is substantially different from the Planning Commission's recommendation, the item will be remanded back to the Planning Commission for a new public hearing process. If this occurs it would not likely happen before August 2010. CDD/Gubman stated the City is officially in escrow for the purchase of the new City Hall building and expects that escrow will close in August. The City has also successfully completed its lease extension negotiations with AQMD and through that process the City will continue the existing lease on a month- to-month basis beginning in February until staff is ready to relocate. Upon relocation, the City will continue to use the AQMD Auditorium, Hearing Board room and Conference Rooms for City Council and Commission meetings. Preliminary negotiations with the Los Angeles County Library are underway and appear to be promising at this point. Staff has also released a RFP for the architectural services. During the mandatory walkthrough of the building two weeks ago, five of the firms that were sent the RFP- participated in the walkthrough. The deadline for the responses is the end of next week. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JUNE 22, 2010 PAGE 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:41 p.m. The foregoing minutes are hereby approved this 22nd day of June, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director _T-c<y Torng, Chairm4fr" CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE PARKS & RECREATION COMMISSION THE GOVERNMENT CENTER HEARING BOARD ROOM DIAMOND BAR, CA 91765 JUNE 24, 2010 Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:03 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: ROLL CALL: Present: Commissioner Herndon led the Pledge of Allegiance. Commissioner Roberto, Vice Dave Grundy. Lew Herndon, Benny Liang, Dave Chairman Ted Owens and Chairman Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Andee Tarazon, Community Services Coordinator; Mickey McKitrick, Recreation Specialist, and Alison Meyers, Community Services Coordinator. PRESENTATION OF SPORTSMANSH18P AWARDS FOR YOUTH SOCCER PROGRAM — RS/McKitrick RECESS: Chair/Grundy recessed the meeting at 7:10 p.m. RECONVENE: Chair/Grundy reconvened the meeting at 7:15 p.m. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR 1.1 Approval of Minutes for May 27, 2010 Regular Meeting. C/Herndon moved, VC/Owens seconded, to approve the May 27, 2010 regular Meeting Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Herndon, Liang, Roberto, VC/Owens, Chair/Grundy NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None JUNE 24, 2010 PAGE 2 P&R COMMISSION 2.1 RECREATION PROGRAM UPDATE — RS/Murphey 2.1.1 PowerPoint Presentation —Summer Special Events 2.2 Parks Report — PMS/Jordan 2.2.1 Power Point Presentation — Cell Sites in City Parks 3. OLD BUSINESS: 3.1 SUBCOMMITTEE ASSIGNMENTS: Chair/Grundy appointed the following subcommittees: User Group — Chair/Grundy and VC/Owens Parks Master Plan — Chair/Grundy and C/Hemdon Trails Master Plan — C/Hemdon and C/Roberto DB 4Youth "In Action" —C/Liang and C/Roberto 4. NEW BUSINESS: 4.1 Silver Tip Mini -Park — Review of Proposed Conceptual Design CSD/Rose stated that contained in the Commissioner's agenda packet is a schematic plan for Silver Tip Mini -Park and for the amenities at the park. Staff hosted two neighborhood meetings at the mini -park location. The residents conducted a survey to determine community interest for what would be available in the park. The conceptual plan before the Commission this evening represents the community's highest priorities for what they wanted in the park which were confirmed in a follow up meeting with the residents. The feedback to staff is that residents feel the conceptual plan represents what they were seeking. The budget for this project is about $300,000 and the conceptual plan before the Commission this evening is projected to cost about $525,000. Staff told the residents that in order to meet their objectives the project would have to be phased as money becomes available. CSD/Rose recommended that the Commission review the conceptual plan, receive public input and recommend approval of the proposed plan to the City Council. Jeff Chamlee, Architerra Design Group, stated that this almost 3 -acre site has been available since the surrounding homes were developed about 20 years ago and was originally designed as a passive park. The improvements are not designed to change that use, but to improve the passive use of the site. He explained the conceptual plan for updating the park which will include upgrading features to meet current ADA accessibility requirements. JUNE 24, 2010 PAGE 3 P&R COMMISSION C/Hemdon asked if staff made provisions to block vehicle access and Mr. Chamlee responded that a curb cut would be done to make sure that emergency vehicles have access and there will be a removal bollard to prevent unwanted vehicular traffic. C/Herndon asked if it was desirable to have a picnic table without shade and Mr. Chamlee responded that shade would be provided at each bench location. C/Herndon said he was impressed that this park has the potential of being an entrance to a new trail that would access the ridge adjacent to the park and wanted to know what it would take to develop a rough trail. Would the City have to fully develop a trail or could it be roughed in and potentially developed at a later date. If so, would the City need to include provisions for a trail entrance? CSD/Rose responded that during the second neighborhood meeting a trail was discussed. There is an access from the park that could lead over to the Pantera Park trail. At this point, the City's priorities are for trails in Summitridge and Sycamore Canyon Parks followed by Pantera and Peterson Parks so it will likely be 10 years before this park can be developed. However, if a Boy Scout group or some other group wished to volunteer to cut a trail to Pantera the City would be glad to work with them on that issue. Chair/Grundy asked how many pieces of equipment would be included in the exercise nodes. Mr. Chamlee said that there would likely be two pieces of equipment for each node due to the size of the nodes. Chair/Grundy asked the distance of the loop walk and Mr. Chamlee responded about 300 feet. Chair/Grundy asked what was between Longview Drive and the lawn area and Mr. Chamlee responded that it was a sloped area down to Longview Drive. The project envisions fencing (two -rail split rail with wire mesh) along the top of the slope. VC/Owens asked if the proposed bollard was adequate for maintenance access and PMS/Jordan responded yes, as long as there is a removal bollard such as those located at Pantera Park and Peterson Park. The proposed access will allow access to all areas of the park. C/Roberto asked if it would be possible to place the transformer underground. Mr. Chamlee said he was not certain about the restrictions and there would be costs involved in doing so. CSD/Rose stated that the City's experience has been that Edison will charge the City for whatever is done and it would most likely cost in the area of $10,000 based on work done at Sycamore Canyon and he doubted that the City would spend its limited resources in that manner. C/Herndon suggested plantings in the area of the tower to minimize its effects. Mr. Chamlee agreed that it could be screened better than it is now. C/Roberto asked if based on the budget available for the project staff would make a recommendation about what should be done first. CSD/Rose responded that the following items are essential: Demolition, grading, concrete paving (eligible for Federal Funding) fencing at top of the slope, ditches, play equipment, picnic tables, drinking fountain, rubber surfacing/sand combination, aisle swell for drainage, entry bollards, JUNE 24, 2010 PAGE 4 P&R COMMISSION security lighting (solar proposed). Landscaping and irrigation work. The cost for these items is estimated at just over $300,000. Left over are items including the Gazebo, the exercise equipment as well as, enhanced landscaping. A resident in the audience asked how long it would take for the park to be built. CSD/Rose asked Mr. Chamlee to estimate the length of construction assuming City Council approval in July. Mr. Cha'mlee said it would take six to eight weeks for construction drawing to go to bid, approximately 30 -days for the bid process and contract approval, about 30 -days for plan check with construction likely to commence late fall earliest and lasting about four months. CSD/Rose estimated that the park might be finished about March 2011 but a more reasonable timeframe would be summer of 2011. The speaker spoke off mike from the audience. Chair/Grundy thanked her for her comments about an adequate walkway and leashed dogs to prevent a crammed in feeling when she is walking. She agreed with C/Hemdon that the residents generally liked what they saw in the plans. C/Hemdon moved, VC/Owens seconded, to recommend City Council approval of the plan as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. ANNOUNCEMENTS: C/Liang thanked staff Herndon, Liang, Roberto, VC/Owens, Chair/Grundy None None C/Roberto said the Summer Day Camp appears to be a great program. He visited the Silver Tip Park and said he was surprised at how large it was. The neighborhood should be thrilled with the proposed project, if approved. C/Hemdon said he is always very impressed with staff's work. VC/Owens echoed C/Hemdon's sentiments. The PowerPoint presentations are very detailed and appreciated. He said he plans to attend the July 4th Blast. Chair/Grundy encouraged his colleagues to complete their park walkthroughs because he believes they are very beneficial to the community. The City does a great job maintaining the parks and having said that, sometimes one does not see what one sees and a fresh set of eyes can help to see what can be done to improve already great parks. Chair/Grundy said in the event he was not able to be present to receive the Parks and Recreation Month proclamation from the City Council on July 6, he would appreciate it if VC/Owens would stand in for him. JUNE 24, 2010 PAGE 5 P&R COMMISSION ADJ )UR IMENT: C/Hemdon moved, C/Liang seconded, to ,adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 8-35 p.m. The foregoing minutes are hereby approved this "1 6 day of 71a�12010. Respectfully Submitted, 06 6 , E-CRETARY CITY COUNCIL TO: Honorable Mayor and Members of the City Council _ Agenda # 6. 4 Meeting Date: August 10, 2010 AGENDA REPORT FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register dat . d July 15, 2010 through July 28, 2010 totaling $616,585.27. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $616,585.27 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on.a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated July 15, 2010 through July 28, 2010 for $616,585.27 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. Linda G. Magnuson Finance Director REVIEWED BY: Finan� 6eqDerector Assistant City Manager Attachments: Affidavit and Check Register — 07/15/10 through 07/28/10. The attached listings Ofdemands, invoices, and claims iOthe form Of@check register including checks dated July 15'7010through July 28.2010 has been audited and iS certified @Saccurate. Payments have been allowed from the following funds inthese Description Amount General Fund $467,570.72 PropA-TronaitFund $57.926.16 |nteratedVVoateMgt Fund 2.217.93 Community DevBlock Grant Fund 12.661.40 LLAD38Fund 36.425.04 LLAD30Fund 29.430.14 LLAO41Fund 10.353.88 Linda G. Madndson Finance Director City of Diamond;; 07/15/10 thru 07/28/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/22/2010 10 -PP 15 PAYROLL TRANSFER P/R TRANSFER-10/PP 15 001 10200 175,717.30 $185,595.29 7/22/2010 90518 PAYROLL TRANSFER P/R TRANSFER-10/PP 15 112 10200 6,734.16 $1,666.50 7122/2010 PAYROLL TRANSFER P/R TRANSFER-10/PP 15 115 10200 2,217.93 7/22/2010 90519 PAYROLL TRANSFER P/R TRANSFER-10/PP 15 125 10200 925.90 $30.59 7/15/2010 90517 A & B BUS COMPANY INC EXCURSION -DAY CAMP 1 1125350 1 45310 1 7,250.00 $7,250.00 7/15/2010 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES -JORDAN 0015310 42315 140.00 7/15/2010 1 90518 ALLIANT INSURANCE SERVICES INC EVENT INS-CONCERT/MOVIE 1 0015350 1 45305 1 1,666.50 $1,666.50 7/15/2010 1 90519 AT & T PH.SVCS-GENERAL 0014090 1 42125 1 200.00 $30.59 7/15/2010 90520 MAYRA BEDOLLA RECREATION REFUND 001 34740 79.00 $79.00 7115/2010 90521 DOROTHY BUEHLMAN FACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 7/15/2010 90522 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES -C BRADLEY 0015310 42315 135.00 $275.00 7/15/2010 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES -JORDAN 0015310 42315 140.00 7/15/2010 90523 CALIFORNIA BUILDING STANDARDS COMM BLDG REV FUND -APR -JUN 1 001 1 34355 1 173.70 $173.70 7/15/2010 1 90524 CALIFORNIA PLANNING & DEV REPORT MEMBERSHIP DUES -FY 10/11 1 0015210 1 42320 1 238.00 $238.00 7/15/2010 90525 CASH CHANGE -TEEN NIGHT OUT 1 001 34720 200.00 $200.00 7/15/2010 90526 LINA CHEN RECREATION REFUND 1 001 1 34780 176.00 $176.00 7/15/2010 90527 KATE CHIN RECREATION FUND 1 001 1 34780 80.00 $80.00 7/15/2010 90528 COMLOCK SECURITY GROUP SUPPLIES -DBC 1 0015333 1 41200 126.15 $126.15 7/15/2010 1 90529 CONSTRUCTION HARDWARE LOCKS -PARKS 1 0015340 1 42210 110.30 $110.30 7/15/2010 90530 ICOUNTY OF LOS ANGELES LAFCO FEES -FY 2010/2011 0014090 1 44000 432.10 $432.10 7/15/2010 90531 DAY & NITE COPY CENTER PRINT SVCS -COMM DEV 0015210 1 42110 235.96 $235.96 7/15/2010 90532 DE LA ROSA & COMPANY BOND REMRKNG-DBC APR -JUN 0014090 42129 3,889.32 $3,889.32 Page 1 Check Date j Check Number City of Diamond Bar - Check Register 07/15/10 thru 07/2V Vendor Name rransaction Description Fund/ Dept I Acct # ( Amount (Total Check Amount 7(15(2010 1 90533 DEPARTMENT OF JUSTICE FINGERPRINT APPS -HIR 0014060 1 42345 1 130.00 $130.00 7/15/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 7(15/2010 1 90534 DH MAINTENANCE ADDL MAINT-DBC JUN 1 0015333 1 45300 1 512.00 $512.00 7/15/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,608.00 7(15(2010 1 90535 DISCOUNT SCHOOL SUPPLY SUPPLIES -DAY CAMP 0015350 1 41200 1 113.60 $113.60 7/15/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 7/15/2010 1 90536 DOGGIE WALK BAGS INC SUPPLIES -PARKS 1 0015340 1 41200 1 1,695.81 $1,695.81 7/15(2010 1 90537 DOLPHIN RENTS INC EQ RENTAL -4TH OF JULY 1 0015350 1 42130 1 2,001.61 $2,001.61 7/15/2010 1 90538 FRED DURAN ENTERTAINMENT -TEEN NIGHT 0015350 1 45300 1 250.00 $250.00 7(15/2010 90539 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,608.00 $54,828.74 7/15/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 7/15/2010 90543 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 $522.00 7/15/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,608.00 7(15/2010 90544 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 $5,200.00 7/15/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 7/15(2010 90545 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 103.10 $70.00 7/15/2010 1 90540 MARIA ESPINOZA RECREATION REFUND 001 34780 1 94.00 $94.00 7/15/2010 90541 FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 121.34 $212.04 7/1512010 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 90.70 7(15/2010 1 90542 FIRE EXPLORES POST 19 FOOD REIMB-CONCERT 717 0015350 1 45305 1 75.00 $75.00 7/15/2010 1 90543 GAIL MATERIALS INC MAINT-HERITAGE PK 1 0015340 1 42210 1 522.00 $522.00 7(15(2010 1 90544 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL -JUN 2010 0015230 1 45520 5,200.00 $5,200.00 7/15/2010 1 90545 KIRAN GREWAL RECREATION REFUND 001 1 34780 1 70.00 $70.00 7(15/2010 1 90546 SOLENE HALABI RECREATION REFUND 001 1 34780 1 70.00 $70.00 7(1512010 90547 HARMONY ARTISTS BAND -CONCERT IN PARK 7/21 0015350 45305 1,300.00 $1,300.00 Page 2 City of Diamond Bar - Check Register 07/15/10 thru 07/28 Check Date lCheckNumberl Vendor Name I Transaction Description Fund/ Dept I Acct # ( Amount Total GhecK Amount 7/15/2010 1 90548 HASLER INC EQ RENTAL -POSTAGE MACHINE 0014090 1 42130 1 153.16 $153.16 7/15/2010 90549 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 41200 1 38.68 $60.94 7/15/2010 1 HOME DEPOT CREDIT SERVICES SUPPLIES -DAY CAMP 0015350 41200 22.26 7/15/2010 90550 OGBONNE IKPA FACILITY CHARGES -DBC 001 36615 -140.00 $60.00 7/15/2010 OGBONNE IKPA FACILITY REFUND -DBC 001 23002 200.00 7115/2010 90551 INCONTACT INC I LONG DIST CHRGS-JUN 10 1 0014090 1 42125 1 52.24 $52.24 7/15/2010 90552 JACKSON'S AUTO SUPPLY EQ MAINT-COMM SVCS 0015310 1 42200 1 125.33 $125.33 7/15/2010 1 90553 ERIKA KEY FACILITY REFUND-PANTERA 001 1 23002 1 50.00 $50.00 7/15/2010 1 90554 RITA KOCHAR RECREATION REFUND 001 1 34780 1 32.00 $32.00 7/15/2010 1 90555 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-JUN 10 0015558 45503 1 1,982.76 $1,982.76 7/15/2010 90556 KWANG HO LEE PLNG COMM -5/11, 5/25 0015210 44100 130.00 $130.00 7/15/2010 90557 ANGELINE LIMJOCO FACILITY REFUND -DBC 001 23002 1 800.00 $800.00 7/15/2010 1 90558 RUTH LOPEZ I FACILITY REFUND-PANTERA 001 23002 150.00 $150.00 7/15/2010 1 90559 ABBY MCCARREL RECREATION REFUND 001 34780 86.00 $86.00 7/15/2010 90560 ELVA MEZA I FACILITY REFUND-SYC CYN 001 23002 50.00 $50.00 7/15/2010 90561 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 1 0015350 1 41200 8.00 $8.00 7/15/2010 1 90562 STEVE G NELSON PLNG COMM -5/11, 5/25 0015210 1 44100 130.00 $130.00 7/15!2010 1 90563 KATHLEEN ERIN NOLAN PLNG COMM -5/11, 5125 0015210 44100 130.00 $130.00 7/15/2010 1 90564 PACIFIC TELEMANAGEMENT SERVICES PH.SVCS-PARKS 0015340 42125 495.84 $495.84 Page 3 City Diamond Bar Check Register 0thru08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/15/2010 90565 REHANA PAREKH RECREATION REFUND 001 34780 1 70.00 $70.00 7/15/2010 1 90566 PRECISION DYNAMICS CORPORATION SUPPLIES -DAY CAMP 0015350 1 41200 1 200.68 $200.68 7/15/2010 90567 PUBLIC STORAGE #23051 STORAGE -UNIT 2153 JUL 0014090 42140 259.00 $1,036.00 7/15/2010 1 PUBLIC STORAGE #23051 STORAGE -UNIT #2153 AUG 0014090 42120 259.00 7/15/2010 90570 PUBLIC STORAGE #23051 STORAGE -UNIT #2145 JUL 0014090 42140 259.00 $31.80 7/15/2010 PUBLIC STORAGE #23051 STORAGE -UNIT #2145 AUG 0014090 42125 259.00 7/15/2010 90568 LORENA ROMERO FACILITY CHARGES -DBC 001 36615 -34.00 $466.00 7/15/2010 1 LORENA ROMERO FACILITY REFUND -DBC 001 23002 500.00 7/15/2010 1 90569 TANI ROSS RECREATION REFUND 1 001 34780 70.00 $70.00 7/15/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 45.23 7/15/2010 90570 SCHORR METALS INC SUPPLIES -DAY CAMP 1 0015350 41200 31.80 $31.80 7/15/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 348.28 7/15/2010 1 90571 SECTRAN SECURITY INC. COURIER SVCS -JULY 2010 0014090 44000 299.73 $299.73 7/15/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 479.97 7/15/2010 1 90572 JAGDISH SHAH PLNG COMM -5/11, 5/25 0015210 44100 130.00 $130.00 7/15/2010 1 90573 ANITA SIGANOFF SIMMONS RECREATION REFUND 1 001 34780 1 95.00 $95.00 7/15/2010 90574 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 575.18 $6,520.62 7/15/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 45.23 7/15/2010 90576 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,448.98 $70.00 7/15/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 348.28 7/15/2010 90577 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 392.90 $108.00 7/15/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 479.97 7/15/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 230.08 7/15/2010 1 90575 SWANK MOTION PICTURES MOVIES -CONCERT IN PK 0015350 1 45300 1 $2,197.00 7/15/2010 90576 ANN SWANSON RECREATION REFUND 001 1 34780 70.00 $70.00 7/15/2010 90577 TANDEM PRIVATE SECURITY INC [SECURITY SVCS -DBC 7/4 0015333 45300 1 108.00 $108.00 Page 4 City of Diamond Bar - Check Register 07/15/10 thru 07/28 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/15/2010 90578 THE SAUCE CREATIVE SERVICES T -SHIRTS -SOFTBALL TRNMNT 0015350 1 41200 1 589.971 $589.97 7/15/2010 1 90579 ICONNIE TOM IFACILITY REFUND-REAGAN 1001 1 23002 1 50.00 $50.00 7/15/2010 US BANK MAINT-COMM SVCS 0015340 42210 1,184.11 7/15/2010 1 90580 TIFFANY TSAI RECREATION REFUND 1 001 1 34780 1 171.00 $171.00 7/15/2010 US BANK SUPPLIES -DBC 0015333 41200 228.53 7/15/2010 1 90581 UNION BANK OF CALIFORNIA LOC FEES -DBC MAR -JUN 10 0014090 42129 1 16,261.23 $16,261.23 7/15/2010 90583 US BANK FUEL -COMM SVCS 0015310 42310 225.00 $13,956.39 7/15/2010 US BANK MAINT-COMM SVCS 0015340 42210 1,184.11 7/15/2010 US BANK SUPPLIES -COMM SVCS 0015350 41200 21.94 7/15/2010 US BANK SUPPLIES -DBC 0015333 41200 228.53 7/15/2010 US BANK EQ MAINT-COMM SVCS 0015310 42200 37.33 7/15/2010 US BANK FUEL -ROAD MAINT 0015554 42310 138.49 7/15/2010 US BANK FUEL -ROAD MAINT 0015310 42310 225.00 7/15/2010 US BANK MEMBERSHIP DUES-I.T. 0014070 42315 45.00 7/15/2010 US BANK ANNL MAINT RENEWAL-I.T. 0014070 42205 1,906.80 7/15/2010 US BANK MTGS-MISAC 0014070 42325 353.40 7/15/2010 US BANK COMP SOFTWARE-I.T. 0014070 46235 219.49 7/15/2010 US BANK COMP MAINT-I.T. 0014070 42205 995.00 7/15/2010 US BANK MTGS-COM DEV 0015210 42325 225.17 7/15/2010 US BANK SUPPLIES-B/DAY CELEB 0015350 42353 266.32 7/15/2010 US BANK SUPPLIES -COMM SVCS 0015350 41200 116.25 7/15/2010 US BANK MTGS-H/R 0014060 42325 81.78 7/15/2010 US BANK SUPPLIES -COMM SVCS 0015350 41200 306.68 7/15/2010 US BANK SUPPLIES -DBC 0015333 41200 630.79 7/15/2010 US BANK SUPPLIES -RECREATION 0015350 41200 54.36 7/15/2010 US BANK MTG-COUNCIL 0014010 42330 11.62 7/15/2010 US BANK MEMO CREDIT -COUNCIL 0014010 42330 -88.00 7/15/2010 US BANK MTG-COUNCIL 0014010 42325 40.53 7/15/2010 US BANK ICSC-GUBMAN 0015210 42330 200.48 7/15/2010 US BANK MTGS-CMGR 0014030 42325 87.18 7/15/2010 US BANK CCCA CONF-CMGR 0014030 42330 442.28 7/15/2010 US BANK SUPPLIES -COMM SVCS 0015350 41200 637.88 7/15/2010 US BANK CCCA CONF-DOYLE 0014030 42330 227.14 Page 5 City of Diamond isar - Check Register 1. 08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/15/2010 90583... US BANK LEAGUE MTG-COUNCIL 0014030 42325 227.40 $13,956.39 ... 7/15/2010 US BANK FUEL -COMM SVCS 0015310 42310 227.00 7/15/2010 US BANK COURT FEES-H/R 0014020 44020 60.00 7/15/2010 US BANK TRNG-HIR 0014060 42325 101.73 7/15/2010 US BANK SUPPLIES-H/R 0014090 41200 67.43 7/15/2010 US BANK FUEL -POOL VEH 0014090 42310 180.08 7/15/2010 US BANK FUEL -COMM SVCS 0015310 42310 202.11 7/15/2010 US BANK FUEL -ROAD MAINT 0015554 42310 47.00 7/15/2010 US BANK FUEL -COMM SVCS 0015310 42310 81.00 7/15/2010 US BANK FUEL -COMM SVCS 0015310 42310 276.56 7/15/2010 US BANK TRNG-ROAD MAINT 0015510 42330 35.88 7/15/2010 US BANK FUEL-NGHBRHD IMP 0015230 42310 193.82 7/15/2010 US BANK MTG SUPPLIES -GENERAL 0014090 42325 10.00 7/15/2010 US BANK SUPPLIES -GENERAL 0014090 41200 235.44 7/15/2010 US BANK SOPPIES-NGH13RHD IMP 0015230 42310 198.28 7/15/2010 US BANK SUPPLIES -DBC 0015333 41200 65.73 7/15/2010 US BANK AD -PHOTO CONTEST 0014095 42115 270.00 7/15/2010 US BANK MEMBERSHIP DUES-P/INFO 0014095 42315 159.95 7/15/2010 US BANK PRINT SVCS-P/INFO 0014095 41400 217.45 7/15/2010 US BANK EQ-P/INFO 0014095 41200 196.70 711512010 US BANK MTG-P/WORKS 0015510 42325 18.55 7/15/2010 US BANK TRNG-E CHING 0015510 42340 154.00 7/15/2010 US BANK TRNG-R YEE 0015510 42340 119.00 7/15/2010 US BANK FUEL -COMM SVCS 0015310 42310 183.18 7/15/2010 US BANK ICSC CONF-GUBMAN 0015210 42330 259.40 7/15/2010 US BANK MTG-LEE/GUBMAN 0015210 42325 135.00 7/15/2010 US BANK EQ MAINT-ROAD MAINT 0015554 42200 39.53 7/15/2010 US BANK SUPPLIES -ROAD MAINT 0015554 41250 11.02 7/15/2010 US BANK FUEL -ROAD MAINT 0015510 42340 324.29 7/15/2010 US BANK TOOLS -ROAD MAINT 0015554 41300 78.16 7/15/2010 US BANK EQ MAINT-ROAD MAINT 0015554 42200 760.15 7/15/2010 90584 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA PK 0015340 42210 413.27 $413.27 City of Diamond Bar - Check Register 07/15/10 thru 07/28 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/15/2010 90585 FRANCIS VILLAFUERTE FACILITY REFUND -DBC 001 23002 100.00 $100.00 7/15/2010 90586 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-MAY/JUN 0015350 42140 1 1 5,203.80 $11,151.00 7/15/2010 1 IWALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -APR -MAY 0015350 42140 5,947.20 7/15/2010 90587 WEST COAST ARBORISTS INC TREE MAI NT -MAY 2010 0015558 45509 1 4,472.00 $4,472.00 7/15/2010 DENISE WOODS FACILITY REFUND -DBC 001 23004 176.15 7/15/2010 90588 WILLDAN GEOTECHNICAL PROF.SVCS-FPL 2010-388 1 001 23010 1 1,110.00 $1,110.00 7/15/2010 90589 DENISE WOODS FACILITY REFUND -DBC 001 36615 3,350.00 $4,026.15 7/15/2010 DENISE WOODS FACILITY REFUND -DBC 001 23004 176.15 7/15/2010 90591 DENISE WOODS FACILITY REFUND -DBC 001 23002 500.00 $130.00 7/15/2010 1 90590 HELEN WU RECREATION REFUND 001 1 34780 1 227.00 $227.00 7/15/2010 90591 YI TONYTORNG PLNG COMM -5/11, 5/25 10015210 1 44100 1 $130.00 7/15/2010 90592 JDAVID FERNANDEZ CONTRACT CLASS -SUMMER 0015350 45320 593.94 $593.94 7/15/2010 90593 HARMONY ARTISTS ENTERTAINMENT -4TH JULY 1 0015350 45300 2,500.00 $2,500.00 7/15/2010 1 90594 LIVESOUND CONCEPTS SOUND SYS -CONCERT IN PK 10015350 1 45305 1 640.00 $640.00 7/15/2010 1 90595 LIVESOUND CONCEPTS SOUND SYS -CONCERT IN PK 0015350 1 45305 640.00 $640.00 7/15/2010 90596 LIVESOUND CONCEPTS SOUND SYS -CONCERT IN PK 0015350 1 45305 640.00 $640.00 7/15/2010 90597 LIVESOUND CONCEPTS SOUND SYS -CONCERT IN PK 0015350 45305 640.00 $640.00 7/15!2010 90598 LIVESOUND CONCEPTS SOUND SYS -CONCERT IN PK 0015350 1 45305 1 640.00 $640.00 7/15!2010 90599 PAUL WRIGHT A/V SVCS-C/CNL 7/6 0014090 44000 100.00 $100.00 7/22/2010 90600 JASON ABENDANO FACILITY REFUND -DBC 1 23002 1 550.00 $550.00 7/22!2010 90601 ADVANCED ELECTRONICS INC SUPPLIES -COMM SVCS 1 0015350 1 41200 1 106,781$106.78 im City of Diamond 0 • Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/2212010 90602 ANNIE AN FACILITY REFUND -DBC 001 1 23002 1 100.001 $100.00 7122/2010 1 90603 BENESYST FLEX ADMIN SVCS -2ND QTR 0014060 42346 100.00 $100.00 7/22/2010 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 34430 -95.94 7/22/2010 90604 BENESYST 7123/10-P/R DEDUCTIONS 001 21105 722.01 $722.01 7122/2010 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 _ 001 23010 139.50 7/22/2010 1 90605 BENNY'S DISPOSAL REFUND-OVERPMT 001 36900 34.00 $34.00 7/22/2010 90606 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -139.50 $1,308.00 7/22/2010 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 34430 -95.94 7/22/2010 90610 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 775.00 $200.00 7122/2010 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 _ 001 23010 139.50 7/22/2010 90611 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 001 23010 533.00 $444.00 7/22/2010 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 23010 95.94 7122/2010 90607 MAURICIO BRENES FACILITY REFUND-PANTERA 001 23002 1 50.00 $50.00 7/22/2010 90608 BUSINESS TELECOMMUNICATION SYS INC. ANNL MAINT-I.T. 0014070 42205 4,711.01 $6,774.51 7/22/2010 BUSINESS TELECOMMUNICATION SYS INC. ANNL MAINT-I.T. 0014070 42205 2,063.50 7/22/2010 90609 CARD IMAGING COMP MAINT-DIAL A RIDE 1 1125553 1 42205 749.00 $749.00 7/22/2010 90610 CASH CHANGE -STAFF SFTBLL TRNMT 1 34720 200.00 $200.00 7/22/2010 90611 CENTER ICE SKATING ARENA EXCURSION -DAY CAMP 0015350 42410 444.00 $444.00 7/22/2010 90612 CELIA CHEN RECREATION REFUND 001 34760 255.00 $255.00 7/22/2010 1 90613 COLD DUCK PRODUCTIONS INC BAND -CONCERT IN PARK 001535045305 1,500.00 $1,500.00 7!22/2010 90614 ALBERT DEAN COLLEY BAND -CONCERT IN PARK 0015350 45305 1,500.00 $1,500.00 7/22/2010 90615 DAPEER ROSENBLIT & LITVAK LLP LEGAL SVCS -JUN 2010 0014020 1 44023 1 3,234.45 $3,234.45 7!22/2010 90616 DAY & NITE COPY CENTER PRINT SVCS-JUL NEWSLETTER 0015350 1 42110 1 35.12 $35.12 7/22/2010 90617 CAROL DENNIS PROF.SVCS-C/DEV HEARING 0015210 44000 1 75.00 $75.00 Check Date 1 Check Number City 1Diamond r.. 8 Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 7/22/2010 90618 DEPARTMENT OF CONSERVATION SMTP FEES -OCT -DEC 2008 001 34350 1,085.94 $1,085.94 7/2212010 90619 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 195.83 $427.70 7/22/2010 DIAMOND BAR HAND CAR WASH CAR WASH-PNVORKS 0015554 42200 117.96 7/22/2010 90621 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 23.98 $6,448.00 7/22/2010 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 89.93 7/22(2010 1 90620 IDIAMOND BAR MOBIL FUEL -COMM SVCS 10015310 1 42310 1 574.48 $574.48 7/22/2010 IDIANA CHO & ASSOCIATES PROF.SVCS-CDBG JUN 10 1255215 44000 3,262.50 7/22/2010 1 90621 DIAMOND BARNVALNUT YMCA CDBG-CHILD CARE APR -JUN 1 1255215 1 42355 1 6,448.00 $6,448.00 7(22(2010 90622 DIANA CHO & ASSOCIATES PROF.SVCS-CDBG MAY 10 1255215 1 44000 2,025.00 $5,287.50 7/22/2010 IDIANA CHO & ASSOCIATES PROF.SVCS-CDBG JUN 10 1255215 44000 3,262.50 7/22/2010 1 90623 DISNEYLAND EXCURSION -DAY CAMP 0015350 42410 1 11,961.00 $11,961.00 7122/2010 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2010-108 001 23010 34.80 7/22/2010 1 90624 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -MAY 2010 1125553 1 45529 1 36,296.30 $36,296.30 7/22(2010 1 90625 ESSEN SKIN CLINIC REFUND -TEMP SIGN 1 001 1 34430 1 100.001 $100.00 7(22(2010 90626 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2010-393 001 23010 34.80 $87.00 7122/2010 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2010-108 001 23010 34.80 7/22/2010 90628 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 17.40 $1,575.00 7/22(2010 90627 FOUR CORNERS TRANSPORTATION COALITI ANNL MEMBERSHIP DUE -10(11 0014090 42315 1 5,000.00 $5,000.00 7(22(2010 90628 GO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 7116 001 1 23005 1,575.00 $1,575.00 7122/2010 90629 MARISOL GRACIANO FACILITY REFUND -DBC 001 23002 350.00 $350.00 7/22/2010 1 90630 GRANICUS INC COMP ANNL MAINT-I.T. 0014070 44030 1 12,000.00$12,000.00 7/22(2010 90631 SHANNON GRIFFITHS CONTRACT CLASS -SUMMER 0015350 45320 134.40 $134.40 7/22/2010 90632 BRAD HAYNES BAND -CONCERT IN PARK 0015350 1 45305 1 1,100.00 $1,100.00 Page 9 City of Diamond Bar - Check Register 07/15/10 thru 07/28 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/22/2010 7/22/2010 90633 JAVIER HERNANDEZ JAVIER HERNANDEZ FACILITY REFUND -DBC FACILITY REFUND -DBC 001 001 23002 23002 350.00 200.00 $550.00 7/22/2010 1 90634 MARILYN HODGES RECREATION REFUND 001 1 34720 1 102.00 $102.00 7/22/2010 1 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV JUN 0014020 44020 640.80 7/22/2010 1 90635 IHORIZON PACIFIC REFUND -PL 2010-207 1 001 1 34430 1 170.00 $170.00 7/22/2010 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS JUN 0014020 44020 1,590.40 7/22/2010 1 90636 INLAND VALLEY DAILY BULLETIN ILEGAL AD -FPL 2010-391 1 001 1 23010 1 377.40 $377.40 7/22/2010 90637 JENKINS & HOGIN, LLP LEGAL SVCS -GENERAL JUN 0014020 44020 7,754.98 $11,086.98 7/22/2010 1 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV JUN 0014020 44020 640.80 7/22/2010 90639 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS JUN 0014020 44020 106.80 $200.00 7/22/2010 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS JUN 0014020 44020 1,590.40 7/22/2010 90640 1JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES JUN 0014020 44021 994.001 1 7/22/2010 1 90638 IKEITH JOHNSON ENTERTAINMENT -SR DANCE 1 0015350 1 45300 1 350.001 $350.00 7/22/2010 1 IYVONNE YVONNE LIN RECREATION REFUND 001 34760 110.00 7/22/2010 1 90639 KRISTIE KAO FACILITY REFUND -HERITAGE 1001 23002 1 200.00 $200.00 7/22/2010 1 90640 KNOTTS BERRY FARM EXCURSION -DAY CAMP 0015350 1 42410 1 2,594.82 $2,594.82 7/22/2010 1 90641 ANDREW KO IRECREATION REFUND 1 001 1 34780 1 45.00 $45.00 7/22/2010 1 90642 NEETA KOCHHAR RECREATION REFUND 001 34780 1 100.00 $100.00 7/22/2010 1 90643 LANCE, SOLL & LUNGHARD LLP PROF.SVCS-AUDITING 1 0014050 1 44010 1 4,000.00 $4,000.00 7/22/2010 1 90644 HELEN LEE RECREATION REFUND 1 001 1 34760 1 125.00 $125.00 7/22/2010 1 90645 JEFF LEE FACILITY REFUND-SYC CYN 1 001 1 23002 1 50A0 $50.00 7/22/2010 90646 CONNIE LILLIE CONTRACT CLASS -SPRING 1 0015350 1 45320 1 24.00 $24.00 7/22/2010 90647 LIN RECREATION REFUND 001 34760 61.00 $171.00 7/22/2010 1 IYVONNE YVONNE LIN RECREATION REFUND 001 34760 110.00 7/22/2010 1 90648 LINDA G MAGNUSON REIMS-GFOA CONF 1 0014050 1 42330 1 120.751 $120.75 Page 10 Check Date ( Check Number City of Diamond Bar - Check Register 07/15/10 thru 07/28 Vendor Name Transaction Description Fund/ Dept ( Acct# I Amount I Total Check Amount 7/22/2010 1 90649 REN RONG LIU FACILITY REFUND-PANTERA 1 001 1 23002 1 50.00 $50.00 7/22/2010 SARAH MANAKTALA FACILITY CHARGES -DBC 001 36615 -76.50 7/22/2010 1 90650 DORA LONYAI CONTRACT CLASS -SUMMER 0015350 1 45320 1 421.20 $421.20 7/22/2010 90651 RUTH LOPEZ FACILITY REFUND-PANTERA 1 001 1 23002 1 150.00 $150.00 7/22/2010 1 90652 KATHY MALABET RECREATION REFUND 1 001 1 34780 1 90.00 $90.00 7/22/2010 90653 SARAH MANAKTALA FACILITY REFUND -DBC 001 23002 500.00 $423.50 7/22/2010 SARAH MANAKTALA FACILITY CHARGES -DBC 001 36615 -76.50 7/22/2010 1 90654 ERIKA MARTINEZ FACILITY REFUND-SYC CYN I 001 1 23002 1 50.00 $50.00 7/22/2010 90655 METROLINK METROLINK PASSES -APR 2010 1125553 45535 5,005.36 $6,256.70 7/22/2010 METROLINK CITY SUBSIDY -APR 2010 1125553 45533 1,251.34 7/22/2010 1 90656 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-JUL 2010 1 0014440 1 42130 1 78.75 $78.75 7/22/2010 IROHIT PATEL IFACILITY REFUND -HERITAGE 001 23002 200.00 7/22/2010 1 90657 ANTHONY MORA FACILITY REFUND -DBC 1 001 1 23002 1 350.00 $350.00 7/22/2010 1 90658 NEXTEL COMMUNICATIONS PH.SVCS-P/W, C/S, C/D 1 0014090 1 42125 1 576.44 $576.44 7/22/2010 90659 ANDREA NICO RE CREATION REFUND 001 1 34780 1 55.00 $55.00 7/22/2010 1 90660 ADLAI ONSOE RECREATION REFUND 001 34780 70.00 $70.00. 7/22/2010 1 90661 DARLENE O'TOOLE RECREATION REFUND 001 34720 102.00 $102.00 7/22/2010 1 90662 VICTOR PACHECO FACILITY REFUND -HERITAGE 001 23002 200.00 $200.00 7/22/2010 90663 ROHIT PATEL FACILITY REFUND -HERITAGE 001 36620 280.00 $480.00 7/22/2010 IROHIT PATEL IFACILITY REFUND -HERITAGE 001 23002 200.00 7/22/2010 90664 MARIA PAZ FACILITY REFUND -DBC 1 001 1 23002 1 500.00 $500.00 7/22/2010 90665 PERS HEALTH AUG 2010 HEALTH INS PREMS 001 21105 30,411.56 $30975.90 Page 11 City of Diamond BRegister 0 01 i' Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/22/2010 7/22/2010 90665... PERS HEALTH PERS HEALTH AUG 2010 -HEALTH INS PREMS AUG 2010 -HEALTH INS PREMS 0014090 0014060 40086 40093 420.00 144.34 $30,975.90 ... 7122/2010 90666 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 $527.94 7/22/2010 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 208.88 7/22/2010 90669 PERS RETIREMENT RETIRE CONTRIB-ER 001 21109 311.06 $102.00 7/22/2010 90667 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 47.43 $26,795.61 7122/2010 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,183.24 7/22/2010 90669 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,564.94 $102.00 7/22/2010 1 90668 ISAMIR RAM FACILITY REFUND -DBC 1 001 1 23002 1 800.00 $800.00 7/22/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 24.26 7/22/2010 1 90669 JOAN RICH RECREATION REFUND 001 1 34720 1 102.00 $102.00 7/22/2010 90670 1ROBERT RICHMOND RECREATION REFUND 1 001 1 34720 1 102.00 $102.00 7/22/2010 1 90671 AISHA RODRIGUEZ IFACILITY REFUND-REAGAN 1 001 1 23002 1 50.00 $50.00 7/22/2010 1 90672 SEUNG HYEON ROO IRECREATION REFUND 001 34760 105.00J $105.00 7/22/2010 1 90673 JILENE SERRANO RECREATION REFUND 001 1 36620 1 450.00 $450.00 7/22/2010 1 90674 SILVER STATE COACH INC EXCURSION-HOLLYWD BOWL 1125350 1 45310 1 640.001 $640.00 7/22/2010 1 90675 SOLARWINDS.NET INC. ANNL MAINT RENEWAL-I.T. 0014070 1 42205 1 535.84 $535.84 7/22/2010 90676 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 23.11 $7,918.91 7/22/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 24.26 7/22/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 7,871.54 7/22/2010 90677 STANDARD INSURANCE OF OREGON AUG 10 -LIFE INS PREMS 001 21106 1,181.63 $3,321.59 7/22/2010 STANDARD INSURANCE OF OREGON AUG 10-SUPP LIFE INS PREM 001 .21106 252.00 7/22/2010 STANDARD INSURANCE OF OREGON AUG 10-STD/LTD 001 21112 1,887.96 7/22/2010 1 90678 SHARI TAVAREZ BAND -CONCERT IN PARK 1 0015350 1 45305 1 1,000.001 $1,000.00 Page 12 City of Diamond Bar - Check Register 07/15/10 thru 07/28 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/22/2010 90679 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS-JUL 0014070 1 44030 1 964.341 $964.34 7/22/2010 1 90680 THE BASHFUL BUTLER LLC DINNER -SR DANCE 1 0015350 1 45300 1 1,212.74 $1,212.74 7/22/2010 1 IBRECKVELASCO BRECK VELASCO FACILITY REFUND -DBC 001 23002 700.00 7/22/2010 1 90681 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2010-391 001 1 23010 1 294.25 $294.25 7/22/2010 VERIZON CALIFORNIA PH.SVCS-TELEWORK ACIS 0014090 42125 175.37 7/22/2010 1 90682 THIENES ENGINEERING INC SURVEY SVCS-C/HALL BLDG 0014090 1 44000 1 3,500.00 $3,500.00 7/22/2010 VERIZON CALIFORNIA PH SVCS -HERITAGE PK ALARM 0015340 42125 78.41 7/22/2010 1 90683 TIME WARNER MODEM SVCS -COUNCIL 0014010 1 42130 1 48.99 $48.99 7122/2010 1 90684 TIMOHTY AND KELLY STACK REFUND -EN 10-689 001 1 23012 1 500.00 $500.00 7/22/2010 906 15 TRIFYTT SPORTS CONTRACT CLASS -SUMMER 0015350 1 45320 1 547.20 $547.20 7/2212010 1 90686 VANTAGEPOINT TRNSFR AGNTS-303248 7/23/10-P/R DEDUCTIONS 001 21108 1 4,777.54 $4,777.54 7/22/2010 90687 VERIZON CALIFORNIA FACILITY REFUND -DBC 001 1 36615 -300.00 $400.00 7/22/2010 1 IBRECKVELASCO BRECK VELASCO FACILITY REFUND -DBC 001 23002 700.00 7/22/2010 90688 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 35.19 $1,166.04 7/22/2010 VERIZON CALIFORNIA PH.SVCS-HRTG COMM CTR 0015340 42125 37.31 7/22/2010 VERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 37.40 7/22/2010 VERIZON CALIFORNIA PH.SVCS-TELEWORK ACIS 0014090 42125 175.37 7/22/2010 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 802.36 7/22/2010 VERIZON CALIFORNIA PH SVCS -HERITAGE PK ALARM 0015340 42125 78.41 7/22/2010 1 90689 VERMONT SYSTEMS INC COMP ANNL MAINT-I.T. 1 0014070 1 42205 1 4,260.00 $4,260.00 7/22/2010 90690 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 1,103.87 $44,205.85 7/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 12,012.57 7/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 5,756.86 7/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 2,066.14 7/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 23,266.41 7/22/2010 1 90691 WAXIE SANITARY SUPPLY SUPPLIES -COMM SVCS 0015340 1 41200 1 872.64 $872.64 Page 13 City of Diamond Bar - Check Register 07/15/10 thru 07/28 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/22/2010 90692 WESTBROOK TECHNOLOGIES INC COMP MAINT-I.T. 0014070 42205 6,840.00 $6,840.00 7/22/2010 1 90693 ROSANNA WILBURN RECREATION REFUND 1 001 1 36615 1 400.00 $400.00 7/22/2010 1 90694 WINNER'S ACADEMY OF GYMNASTICS ICONTRACT CLASS -SUMMER 0015350 1 45320 170.40 $170.40 7/22/2010 1 90695 THOMAS WU RECREATION REFUND 001 1 34780 1 14.00 $14.00 7/22/2010 90696 YVONNE (VU RECREATION REFUND 001 1 34760 1 145.001$145.00 7/22/2010 90697 SONG YE RECREATION REFUND 001 34780 J 80.00 $80.00 7/23/2010 90698 LAURI POWELL FACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 $616,585.27 Page 14 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Managr � r TITLE: Preliminary Treasurer's Statement June 2010 RECOMMENDATION: Approve the June 2010 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact FI-TWATO-121MKO-1101, I Agenda # Meeting Date: 6.5 Aug. 3, 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 preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 09-10 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized a revised June treasurer's statement will be presented to the City Council for approval. Linda G. Magnuson, Finance Director Depant Head Assistant City4anager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT June 30.001u (Preliminary) ����`���������������������''�������������'��`����� �'�i^��` .`�........... ��'���'�����'�'�X�� '``'''`�`��x.``^'.�^``````:': GENERAL FUND $58.770,680f2 694505J0 $1,36670912 $9,000.00 $83113,417.50 COMMUNITY DRGSUPPORT FD (9,675D0) TOTAL DEMAND DEPOSITS <$38.096,37> |NV�GTMENTG: UGTREASURY Money Market Acct. (9.675,00 MEASURE RLOCAL RETURN FO 285.710.15 08.086.01 5.000.000D0 CASH WITH FISCAL AGENT: U8TREASURY Money Market Account 388.786J6 GAS TAX FUND <2.737.81> 171.454.36 168.716.45 TRANSIT TX(PROP /) FD 145.035.23 161.427.68 75.862.59 230.000.32 TRANSIT TX(PROP C)FD 2.027.322.86 54.918.54 (S.00O.00) 2.073.241.50 |GTEAFund 877.580.20 677.500.20 INTEGRATED WASTE MGT FD 570.408.20 13.127.20 8.184.94 575.381.48 TRAFFIC IMPROVEMENT FUND 281.792.80 1.130.00 280.062.80 AB282O-TRCONGESTION RELIEF FD 48.271.20 246.418.02 295.689.82 AIR QUALITY |MPRVMNTFU 108.605.08 16.888.00 59.555.63 125.848.05 TRAILS &BIKEWAYS FD 0.00 0.00 Prop 1OBond Fund 483.850.04 493.850.04 PARK FEES FO 307.641.11 807.041.11 PROP A'SAFE PARKS ACT FUND 21.715.79 21,715.79 PARK & FACILITIES OEVELFD 614.458.29 614.45923 COM DEV BLOCK GRANT FD (45.478.47) 62.501.00 2.545.69 (16.841.00) (2.865.16) CITIZENS OPT -PUBLIC SAFETY FD 182.207.69 162.207.63 NARCOTICS ASSET SEIZURE FD 864.311.55 364.311.55 CA LAW ENFORCEMENT EQUIP PRG 56.519.00 58.519.00 EBYRNEJUSTICE ASSIST GRANT 49.77226 49.77226 LANDSCAPE DIST #38 FD <62.886.88> 28.235.44 (86.172.32) LANDSCAPE DIST #38 FD (135.385.69) 10.53527 (151.820.86) LANDSCAPE DIST #41 FO 34.847.10 5.29347 29.653.03 CDBG-HFund <652J0> 38.319.00 1.802J6 (57.067,00) (1.303.46) ENERGY EFF &CNGYTN BLKSRT (393.27) (383.27) CAP IMPROVEMENT PRJ FD (882.542.85) 100.484.29 54.508.00 (958.469.14) SELF INSURANCE FUND 996.683J2 896.683J2 EQUIPMENT REPLACEMENT FUND 248.608.06 248.608,00 COMPUTER REPLACEMENT FUND 804.34243 74.33826 308.404.17 PUBLIC FINANCING AUTHORITY FUN 295,145.08 27,712.15 3,042.04 319,815.19 TOTALS SUMMARY OFCASH: DEMAND D SITS: GENERALACCONT ($0�0.83) PAYROLL ACCOUNT 41.604.46 CHANGEFUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS <$38.096,37> |NV�GTMENTG: UGTREASURY Money Market Acct. $512.894.62 LOCAL AGENCY INVESTMENT FD 34.815.764.61 FED HOME LOAN BANK NOTES 5.000.000D0 CASH WITH FISCAL AGENT: U8TREASURY Money Market Account 319.815.19 TOTAL INVESTMENTS $40.748.474.42 TOTAL CASH Note: The City ofDiamond Bar ieinvested inthe State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24hours. |naddition, the City has started investing |nlonger 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 summaryprovides sufficient cash flow liquidity tumeet the next six month's CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of June 2010 Total Securities $ 5,000,000.00 5,000,000 $ 5,030,510.00 1.969% Local Agency Inv Fund AAA 34,915,764.61 34,973,158.31 0.528% US Treasury Money Market AAA $512,894.62 512,894.62 0.010% Total Liquidity $ 35,428,659.23 $ 35,486,052.93 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 Purchase Maturity (By Percent) Amount Current Par / Fair Market LAIF Fund Investment Type Rating Date Date Term At Cost Original Par Value * Rate Freddie Mac Unnt AAA 01/15/10 01/15/13 3.0 Yrs 1,000,000 1,000,000 1,000,510.00 2.000% Federal National Mortgage Asso Unnt AAA 05/17/10 05/17/13 3.0 Yrs 1,000,000 1,000,000 1,005,000.00 2.020% Federal Home Loan Bank Call AAA 06/28/10 06/28/13 3.0 Yrs 1,000,000 1,000,000 1,002,500.00 1.650% Federal Home Loan Banks Bond AAA 05/12/10 08/12/13 3.3 Yrs 1,000,000 1,000,000 1,005,940.00 2.125% Federal Home Loan Bond AAA 03/30/10 12/30/13 3.5 Yrs 1,000,000 1,000,000 1,016,560.00 2.050% Total Securities $ 5,000,000.00 5,000,000 $ 5,030,510.00 1.969% Local Agency Inv Fund AAA 34,915,764.61 34,973,158.31 0.528% US Treasury Money Market AAA $512,894.62 512,894.62 0.010% Total Liquidity $ 35,428,659.23 $ 35,486,052.93 Union Bank -(Fiscal Agent) AAA Total investments 2009-10 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget " Source of Fair Market Value: Wells Fargo Institutional Securities, LLC 319,815.19 319,815.19 0.010% $ 40,748,474.42 $ 40,836,378.12 $415,000.00 $320,056.64 77.122% 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 Money 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. Allocation of Book Value of Investment by Type (By Percent) LAIF Fund Federal Agency Securities85.69% 12.27%�tr� � i X si iMk'^m�..Em i`Zvt U.S Treasury - Money Market 2.04% Total Investment - $40, " Source of Fair Market Value: Wells Fargo Institutional Securities, LLC 319,815.19 319,815.19 0.010% $ 40,748,474.42 $ 40,836,378.12 $415,000.00 $320,056.64 77.122% 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 Money 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. CITY COUNCIL Agenda # 6 - 6 Meeting� Date :August 3, 2010 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 4ay,llrd�—� 9, TITLE: NOTICE OF COMPLETION FOR THE REHABILITATION PROJECT RECOMMENDATION: Approve and File. FINANCIAL IMPACT: There is no financial impact. LYCOMING STREET The City Council awarded a construction contract to RJ Company on June 2, 2009 in an amount not to exceed $554,660.05 with a contingency amount of $55,500.00, for a total authorization amount of $610,160.05. The City authorized the Notice to Proceed for the project on July 27, 2009. As designed, the project scope included pavement reconstruction and slurry sealing along Lycoming Street between Lemon Avenue and the Easterly City Limit. RJ Noble has completed all work required in accordance with the plans and specifications as approved by the City. Final construction cost of the project is $602,706.28 which is within the authorized budget. PREPARED BY: Erwin Ching, Assistant Engineer REVIEWET - W 0-09110-1911011MM Attachments: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be Fled within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (If other than fee, strike "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 o ADDRESSES 6. A work of improvement on the property hereinafter described was completed on July 26, 2010. The work done was: Lycoming Street Rehabilitation Project. 7. The name of the contractor, if any, for such work of improvement was RJ Noble Company June 17 2009 (If no contractor for work of improvement as a whole, insert "none') (Date of Contmct) 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 AC/AB removal and reconstruction of asphalt pavement; crack chip and slum scaling: construction of access ramps curb gutter replacement concrete sidewalk, and other incidental and appurtenant work. 9. The street address of said property is "none" Dated: verification for Individual Owner (If no street address has been officially assigned, insert "none') CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in pamgmph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ("resident of', "Manager of," "A partner of," "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 20 _, at Diamond Bar California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of die notice ofcompletion are true) CITY COUNCIL Agenda # 6.7 Meeting Date: 08/03/10 TO: Honorable Mayor and Members',of the City Council VIA: James DeStefano, City Mana 1 9 pt TITLE: APPROVAL OF AMENDMENT #5-A TO CONTRACT WITH WEST COAST ARBORISTS FOR CITY-WIDE TREE MAINTENANCE AND WATERING SERVICES IN THE CITY OF DIAMOND BAR FOR THE 2009/10 FISCAL YEAR ADDING $6,130 TO THE AUTHORIZED AMOUNT OF $177,800 RESULTING IN A TOTAL NOT TO EXCEED AMOUNT OF $183,930. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend an additional $6,130 for City -Wide Tree Maintenance and Watering Services during the 2009/10 fiscal year, for a total authorization of $183,930. Funds for this increase are included in the 2009/10 FY budget and will be transferred to the Tree Maintenance / Watering account from the Public Works Striping and Signing account as follows: Funding Source PW Striping & Signing (45506) Tree Maintenance / Watering Current Appropriation Adjustment Adjusted Budge 50,000 (6,135) 43,865 177,795 6,135 183,930 BACKGROUND / DISCUSSION: On June 16, 2009, the City Council approved contract Amendment #5 to extend the contract with West Coast Arborists for city-wide tree maintenance services for the 2009/10 fiscal year in the amount of $177,800. Due to additional work requested by staff related to sidewalk repairs in June, 2010, West Coast Arborist exceeded the contract amount by $6,135. Staff is seeking City Council approval to increase the contract amount by $6,135, for a total authorization of $183,930 for the 2009/10 Fiscal Year. Funds for this increase are available from unexpended funds in the 2009/10 FY budget. The five dollar difference in the above chart is because the appropriation for the 2009/10 FY was $5.00 less than the Council authorized amount of $177,800 Attachment: Amendment #5-A to Tree Maintenance Services Contract for the period of July 1, 2009 —June 30, 2010 Community Services Director AMENDMENT #5-A TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 3rd day of August, 2010 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and WESTCOAST ARBORISTS, INC, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5, 2005 in the amount of $150,000 for the period of July 1, 2005 — June 30, 2006. b. Amendment #1 was approved on February 21, 2006 to increase tree maintenance services to the amount of $235,125. C. Amendment #2 was approved on June 20, 2006 to extend the contract for the period of July 1, 2006 — June 30, 2007 in the amount of $230,000. d. Amendment #3 was approved on May 1, 2007 to extend the term from July 1, 2007 through June 30, 2008 in the amount not to exceed $238,050. e. Amendment #4 was approved on June 3, 2008 to extend the term from July 1, 2008 through June 30, 2009 in the amount not to exceed $177,800. Amendment #5 was approved on June 16, 2009 to extend the term from July 1, 2009 through June 30, 2011 in the annual amount not to exceed $177,800 for each fiscal year. g. Parties desire to amend the contract to add $6,130 to the contract for a total authorized amount not to exceed $183,930 for the 2009/10 FY. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Contract price of AGREEMENT provided in Section 11 is amended to a not to exceed amount of $183,930 for the 2009/10 FY. 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 #5-A TO CONTRACT 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 Title: Mayor "WAZ W 1091VA Q oil tol•0 Al City Attorney WEST COAST ARBORISTS, INC. Contractor Signed Title City Clerk CITY COUNCIL 8M Meeting Date: August 3, 2010 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City ManaVart TITLE: Approve payment of City's retrospictive general liability insurance deposit to California Joint Powers Insurance Authority (CJPIA) in the amount of $60,522 and appropriate necessary funds from General Fund reserves. RECOMMENDATION: Approve FINANCIAL IMPACT: Expenditure of $60,522 from General Fund Reserves. BACKGROUND & DISCUSSION: The City of Diamond Bar participates in California Joint Powers Insurance Authority's(CJPIA) liability insurance program. As a part of this program the CJPIA has financed some of the insurance claims' cost with what they have termed the retrospective deposit. The City's outstanding balance is $64,385 for claims paid over the past six years. The CJPIA recently changed its funding formula due to the large outstanding balances among its members. As a result, the CJPIA has determined that they would like to encourage early repayment of these deposits by offering a discount for early repayment. If the City chooses to repay their liability to the CJPIA by September 1, 2010, the liability will be discounted 6% resulting in a savings of $3,863 to the City. z no 0 0 ijg�qi� REVIEWED BY: P Departm'erW Head Assistant City Ma(hager Agenda # 7.1 Meeting Date: August 3, 2010 ig&6;,- - .11. TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana—LP r TITLE: ADOPTION OF RESOLUTIONN2 10 -XX ASSESSING A NUISANCE ABATEMENT LIEN/SPECIAL ASSESSMENT AGAINST 783 BOWCREEK DRIVE. RECOMMENDATION: Receive staff report, open Public Hearing, receive public comment, close the Public Hearing, and adopt Resolution 2010 -XX FINANCIAL IMPACT: The City has incurred nuisance abatement and administrative costs in the amount of $2,593.75. The City's Neighborhood Improvement Division works proactively to enforce the Municipal Code and ensure property maintenance standards remain high. During routine patrols, the City's Neighborhood Improvement Team found the residential property at 783 Bowcreek Drive to be in violation of the landscaping maintenance standards in Section 22.34.30 of the Municipal Code. Observations included weeds, rank growth and other overgrown, dead or deceased vegetation throughout the front, side and rear yards. In an effort to correct these violations, the following notices were issued: • An initial Courtesy Notice was issued November 5, 2009. • Following a site visit by staff, a letter requesting corrections was sent December 7, 2009. • Following another site visit by staff, a second Courtesy Notice was issued January 4, 2010. Each notice was met without corrective action by the property owner. Due to continued inaction on the part of the property owner to resolve the uncorrected landscaping violations, on May 13, 2010, the City's Community Development Director declared the property a public nuisance and issued a Notice and Order to Abate. The property owner was given 10 days to correct the documented landscaping issues. The notice was sent to the property owner via US Mail and physically posted on the property, indicating that if the violations were not abated within the 10 day period, the City would complete the repairs with all related costs of work assessed against the property. Once again, the property owner failed to comply or respond to the Notice of Abatement. On May 28, 2010, the City obtained an Abatement Warrant (Warrant No. 524) from the Los Angeles Superior Court/Pomona Branch, enabling the City or its agent to perform nuisance abatement at the property. City staff and contractors entered the property on June 7, 2010 to perform the work authorized by the Superior Court, which included cutting the grass, bushes and removal of trimmings. Staff also noticed that Los Angeles County Public Health had posted a notice on the front door requiring correction of a swimming pool violation, which upon further inspection had green stagnant water. Subsequent contact with Public Health and a site visit on June 28, 2010 confirmed that the pool had been drained and was in compliance. On June 28, 2010, the City issued a written notice to the property owner that the City Council would hold a public hearing at the regularly scheduled August 3 City Council meeting to consider placing a lien/special assessment in the amount of $2,593.75 to recover full abatement costs, including: ® Abatement labor costs for Valley Crest: $800.00; ® 15 hours of City staff time at a rate of $85 per hour: $1,275.00; and ® 25% City administrative fee: $518.75. At the hearing, the property owner or their representative would be given the opportunity to present written or oral protests or objections. Notice of the public hearing was posted at the three regular posting locations in the City of Diamond Bar. However, notice of the hearing did not require advertisement in local newspapers as the correspondence to the property owner dated June 28, 2010 was sufficient per Section 22.34.070 of the Municipal Code to notice the hearing. Pursuant to Diamond Bar Municipal Code Section 22.34.070, the City Council has the authority to assess a lien/special assessment on property where the City incurred costs to abate a public nuisance. It is recommended that the City Council consider this report, open the Public Hearing, receive public comment, close the Public Hearing and consider adoption of the Resolution for recovery of nuisance abatement costs in the amount of $2,593.75. Upon approval, the appropriate documentation will be certified and filed with the County of Los Angeles as required. Prepared by:- Reviewed /7 J 11tUW (NO nthony Santos Greg Gub -man, AICP Management Analyst Community Development Director Attachments: 1. Resolution 2010 -XX. 2. Notice of Special Assessment and Lien. 3. Revised Cost Report dated June 28, 2010. 4. Correspondence dated June 28, 2010. 5. Valley Crest Invoice dated June 3, 2010. 6. Los Angeles County Superior Court Abatement Warrant dated May 28, 2010. 7. Notice and Order to Abate a Public Nuisance dated May 13, 2010. 8. Courtesy Notice dated January 4, 2010. 9. Correspondence dated December 7, 2009. 10. Courtesy Notice dated November 5, 2009. 11. Photographs dated November 5, 2009 through June 7, 2010. 12. Diamond Bar Municipal Code Sections 22.34.030 and 1001.11. ATTACHMENT 1 RESOLUTION NO. 2010 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING A COST REPORT FOR 783 BOWCREEK DRIVE, DIAMOND BAR, CA [APN: 8281-043-065] AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREON FOR THE CITY'S NUISANCE ABATEMENT AND RELATED COSTS WHEREAS, the Diamond Bar Community Developent Department (hereafter the "Department") pursuant to the procecures set forth in Section 22.34.070 of the Diamond Bar Development Code caused the abatement of public nuisance conditions at 783 Bowcreek Drive, Diamond Bar, CA 91765 [sometimes hereafter the "Subject Property"] on June 7, 2010 with an Abatement Warrant from the Los Angeles Superior Court [Warrant No. 524]. WHEREAS, on June 28, 2010, the Diamond Bar Community Development Department duly served Ms. Julie Mihye Oh, the record owner of the Subject Property, with a Cost Report (containing an accounting and report of nuisance abatement and related costs totaling $2,968.75) and notice that the City Council would consider that report and any oral or written protests or objections thereto at a hearing on August 3, 2010 at 7:00 p.m. in the South Coast Air Quality Management District Main Auditorium, located at 21865 Copley Drive, Diamond Bar CA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council of the City of Diamond Bar, having considered the Department's Cost Report and any oral and written protests or objections thereto, hereby modifies the Cost Report by reducing the total from $2,968.75 to $2,593.75. The Cost Report as modified is confirmed. Section 2. The confirmed nuisance abatement and related costs of $2,593.75 constitute a special assessment and lien against real property described below pursuant to Section 22.34.070 (J)(3) of the Diamond Bar Development Code. Street Address: 783 Bowcreek Drive, Diamond Bar, CA 91765 L.A. County Assessor Parcel No.: 8281-043-065 Legal Description: Lot 55 of Tract No. 42582, as per Map recorded in Book 1033, pages 75 to 83 inclusive of Maps, in the office of the county recorder of said county. Section 3. A certified copy of the Cost Report shall, pursuant to Section 22.34.070 (J)(4) of the Diamond Bar Development Code, be filed with the County Auditor on or before August 10, 2010 with the Department's request that the assessment established in this resolution be entered on the county tax roll, only if the property owner fails to pay the City the amount due by that date. Section 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 3`d day of August, 2010. Carol Herrera, Mayor 1, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2010 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 3rd day of August, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk ATTACHMENT Recording Requested By: Diamond Bar Community Development Dept. When Recorded Mail To: Diamond Bar City Hall Attn: Greg Gsbmmau,Director Diamond Bar Community Development Dept. 21865 Copley Drive Diamond Bar CA. Exempt From Filing Fee Pursuant to Gov't Code 4 6103 Space Above This Line For Recorder's Use NOTICE OF SPECIAL ASSESSMENT AND LIEN NOTICE 18 HEREBY GIVEN that the Diamond Bar Community Development Department ("Department") records this Notice of Special Assessment and Lien Claim pursuant to the Diamond Bar Development Code, Section 22.34.070 (J)(3). This notice concerns aspecial assessment and lien for nuisance abatement and related costs in the sum ��593.75 that the Department incurred in connection with the abatement of public nuisance conditions at the property stated below on June 7' 2010 pursuant to an Abatement Warrant (No. 524] from the Loo Angeles Superior Court. The City Council confirmed a Cost Report for those costs at a duly noticed hearing on August 3, 2010. Upon the Department's receipt of the entire amount of those oosto, and any other related charges as allowed by the Diamond Bar Municipal Code, it will record a Notice of Rescission of Special Assessment and Lien. This notice concerns the following real property: Los Angeles County A.P.N.: 8281-043'065 Owner ofRecord: Julie PWihyeDh Street Address: 783BownreokDrive, Diamond Bar, CA 91785 Legal Description: Lot 55 of Tract No. 43582, as per Map recorded in Bonk 1033. pages 75 to 83 inclusive of Maps, inthe office ofthe county recorder ofsaid county. Signed this day of August 2010 Steven H. Rooenb|d,Code Enforcement Attorney Carol Herrera Mayor 5tevene Mayor Pro Tern Ling -Ling Chang Council Member Ron Everett Council Member Jack Tanaka Council Member Recycled papei June 28`2O1O Ms. Julie Mihye0h 7O3BovvcreehDrive Diamond Bar, CA91705 Dear Mrs. Oh: ATTACHMENT 21825 Copley Drive ^ Diamond Bar, CA 91765-4178 (9mA839-7V00'Fax (909) 861-3117 Via Certified Return Requestamd First Class Mail Maintaining property values and community appearance iaetop priorityofthe City ofDiamond Bo[ In on ongoing effort toensure the high standards of the Municipal Code are followed, the City's Neighborhood Improvement Team works with property owners to correct any property maintenance violations. An inspection of your property found poor landscaping oondiUona, including yvoede' dry brush, overgrown Vegetation, avio\ot\on of Diamond Bar Municipal Code Section 22.34.O3Oand sgreen and stagnant swimming pool, oviolation ofSection 1OO1.11ofthe Diamond Bar Housing Code. In an effort to correct the violations cooperatively and without fines or other penalties, the City issued Courtesy Notices to correct the violations on your property on November 11, 2009. December 7, 2008. and January 4, 3010. Each Courtesy Notice provided 10 additional days to correct. Hovvever, subsequent inspections by the Qb Neighborhood Improvement Officer found that the violations continued to remain in place. On May 13. 2010. the City's C|orn[nUnUv Development Director determined that the uncorrected violations presented a public nuisance that required abatement within 10 days (May 23' 2010) and issued 8 notice to that effect to you. Conditions that were not abated within the 10 day period would be abated by the City, with all costs borne by the property owner. This notice was again met without response. On May 28, 2010` the City obtained an abatement warrant[Warrant No. 524l from the Los Angeles County SupehorCoVrUPomona Brenoh, ordering the City or its agents toenter the property and perform the following abatement procedures: Mrs. Julie MihyeOh Page June 28.2O1O Cut and remove all vveedn, dry b[Vah` dead or overgrown vegetation from front, side, and rear yards and parkway areas. Clean, drain, and/or treat the swimming pool for mosquitoes. Abatement procedures resulted in the following oOGt8 to the Chv. for which you are responsible: The City's agent, \/a\kav Crest, completed the abatement labor at o cost of $800,00 Aopnnxinlai8k/ 15 hours of City staff time at a rate of 885 per hoU[, for a total of $1.275 A 25% City administrative fee, for a total of $518.75 Ou/-�ust3.201O.the City Council, inopublic hearing,will consider placing a specil assessment on your property to recover the full abatement related costs of $2,968.75. The hearing will be hold at 7:00 p.On., or soon thereafter, in the South Coast /VF QUa\hv K8aOagonoeDt OiSt[){t K8oiD /\UdihoriUnn' located at 21865 Copley Drive in Diamond Bar. Upon confirmation by the City Council, abatement costs will become a special assessment on the parcel. The Council will consider any written or oral protest or objection by the interested parties before making adecision. Please contact the City ofDiamond Bar Community Development Department ���39- 7030 with any questions. Sincerely, Community Development Director on: David Doyle, Assistant City Manager Linda Magnuson, Finance Director RidhandFn3iholtzNeighborhood Improvement Officer By action nfthe City Council OD August 3, 2010 pursuant to Resolution NO. 201U-____, this Cost Report is by reducing the total from $2,468.75 to Carol Herrera Mayor Steve Tye Mayor Pro Tern Ling -Ling Chang Council Member Ron Everett Council Member Jack Tanaka Council Member Recycledpaper June 28, 2010 Ms. Julie Mihye Oh 783 Bowcreek Drive Diamond Bar, CA 91765 Dear Mrs. Oh: ATTACHMENT 4 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com Via Certified Return Request and First Class Mail Maintaining property values and community appearance is a top 'priority of the City of Diamond Bar. In an ongoing effort to ensure the high standards of the Municipal Code are followed, the City's Neighborhood Improvement Team works with property owners to correct any property maintenance violations. An inspection of your property found poor landscaping conditions, including weeds, dry brush, overgrown vegetation, a violation of Diamond Bar Municipal Code Section 22.34.030 and a green and stagnant swimming pool, a violation of Section 100 1. 11 of the Diamond Bar Housing Code. In an effort to correct the violations cooperatively and without fines or other penalties, the City issued Courtesy Notices to correct the violations on your property on November 11, 2009, December 7, 2009, and January 4, 2010. Each Courtesy Notice provided 10 additional days to correct. However, subsequent inspections by the City Neighborhood Improvement Officer found that the violations continued to remain in place. On May 13, 2010, the City's Community Development Director determined that the uncorrected violations presented a public nuisance that required abatement within 10 days (May 23, 2010) and issued a notice to that effect to you. Conditions that were not abated within the 10 day period would be abated by the City, with all costs borne by the property owner. This notice was again met without response. On May 28, 2010, the City obtained an abatement warrant [Warrant No. 524] from the Los Angeles County Superior CourUlPomona Branch, ordering the City or its agents to enter the property and perform the following abatement procedures: Mrs. Julie Mihye Oh Page 2 June 28, 2010 Cut and remove all weeds, dry brush, dead or overgrown vegetation from front, side, and rear yards and parkway areas. Clean, drain, and/or treat the swimming pool for mosquitoes. Abatement procedures resulted in the following costs to the City, for which you are responsible: The City's agent, Valley Crest, completed the abatement labor at a cost of $800.00 Approximately 15 hours of City staff time at a rate of $85 per hour, for a total of $1,275 A 25% City administrative fee, for a total of $518.75 On August 3, 2010, the City Council, in a public hearing, will consider placing a special assessment on your property to recover the full abatement related costs of $2,968.75. The hearing will be held at 7:00 p.m., or soon thereafter, in the South Coast Air Quality Management District Main Auditorium, located at 21865 Copley Drive in Diamond Bar. Upon confirmation by the City Council, abatement Costs will become a special assessment on the parcel. The Council will consider any written or oral protest or objection by the interested parties before making a decision. Please contact the City of Diamond Bar Community Development Department at 909-839- 7030 with any questions. - I Sincerely, Grdg Gubman, AICP Community Development Director cc: , David Doyle, Assistant City Manager Linda Magnuson, Finance Director Richard Freiholtz, Neighborhood Improvement Officer 5 C.-j6H26506900 04- U TF R. 061281'2010 -6 NWI,dFrom 91765 T PA OS G, --------------. . . . . . . . . . . . . . [MVIOND, 21825 Copley Drive Diamond Bar, CA 91765-4178 Ms. Julie Mihye Oh ws C.-j6H26506900 04- U TF R. 061281'2010 -6 NWI,dFrom 91765 T PA OS G, 783 Bowcreek Drive Diamond B X S17 347Z ;L SO-%tl 00 FORWAF40 TIME GXP RTN TO SEND t5H. PQ SO) < 1401 MORENO VALLEY CA 92BBS-140-1 RETURN TO SENDER F. AAF; 1 av j ® Complete items 1, 2, and 3: Also cougplete j item 4'if Restricted Delivery is desired: Aaignature. --.MW ® Print your name and address on the reverse so that we can return the card to X 0 Agent 0 Addressee,,I you. 1 ® Attach this card to the back of the mailpiece, or on the front if B Received by (Printed Name) C. Date of Delive ry 1 space permits. I 1. Article Addressed to: i D. Is delivery address different from Item 1? 0 Yes �j/� j� / Uciht' %/IrFly�e 0A If YES, enter delivery address below: 0 No i S1 v we e re e A. I i 3. Service Type r wertified 1 j Mail 0 Express Mail ' 0 Registered 9 VLRetum Receipt for Merchandise � 0 Insured Mail 0 C.O.D. I 1 2. Article Number 4. Restricted Delivery? (Extra Fee) 0 Yes I (Transfer from service labe. 7008 1830 0001 3353 3568 PS Form 3811, February 2004 Domestic Rdtum Receipt L 102595-02-M-154011 iI ATTACHMENT 5 Win. toll June 3, 2010 Anthony Jordan City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 RE: Clean Lip of abandoned house at - 783 Bowereek Job n601 Anthony, Per your request, we have prepared the following clean up proposal for the abandoned home at 783 Bowereek. Please note that all prices include materials, tax, labor and supervision. Scope of Work: Housing clean up e Remove and dispose of the rubbish left in the yards Perform a onetime clean-up of landscape front and back yard consisting of - o Weed abatement • Pruning of plant material • Pruning of lower tree firnbs ("skirting") • Mow, edge, and blow turf • Leaf clean-up and removal Total = $800.00 If you approve of the proposed clean-ups, please sign, date, and return so that we may proceed with scheduling. Sincerely, George Magaiza Operations Manager ValleyCrest Landscape ,Maipt .qnance Approved By Date Cp le. Print Name Landscape Development Landscape N-laintellance Golf COLIrSC 1\9,flT1teV1111Ce Tree Company 8 9 to 11 12 13 14 15 1 16 1.7 18 19 20 21 22 23 24 25 26 27 28 Patricia H. Fitzgerald, SBN 167394 DAPEER, ROSENBLIT & LITVAK, LLP 2770 East Slauson Avenue; P.O. Box 2067 Huntington Park, CA 90255 (323) 587-5221 Prosecutors for the CITY OF DIAMOND BAR LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE NUISANCE CONDITIONS ON REAL PROPERTY AT 783 BOWCREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN 8281-043-065) WARRANT NO. ABATEMENT WARRANT lz-%- DATE: May, 2010 TIME: DIV.: ATTACHMENT 6 THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY - SHERIFF'S DEPUTY, AUTHORIZED FIRE OFFICER, AUTHORIZED CODE ENFORCEMENT OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OR OFFICIAL FOR THE CITY OF DIAMOND BAR, STATE OF CALIFORNIA: Upon the ex parte application of the City of Diamond Bar and for good cause shown to the court: YOU ARE HEREBY COMMANDED to enter the premises described below within fourteen (14) days from the date of this Warrant, and you are directed to abate nuisance conditions existing thereon as follows: 783 Bowcreek Drive, Diamond Bar, California [Assessor Parcel No. 8281-043-0651 Cut and remove all weeds, dry brush, dead or overgrown vegetation from front, side and rear yard areas. 2 3 4 5 6 7 8 9 to 11 12 13 14 15 1 16 1.7 18 19 20 21 22 23 24 25 26 27 28 Patricia H. Fitzgerald, SBN 167394 DAPEER, ROSENBLIT & LITVAK, LLP 2770 East Slauson Avenue; P.O. Box 2067 Huntington Park, CA 90255 (323) 587-5221 Prosecutors for the CITY OF DIAMOND BAR LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE NUISANCE CONDITIONS ON REAL PROPERTY AT 783 BOWCREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN 8281-043-065) WARRANT NO. ABATEMENT WARRANT lz-%- DATE: May, 2010 TIME: DIV.: ATTACHMENT 6 THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY - SHERIFF'S DEPUTY, AUTHORIZED FIRE OFFICER, AUTHORIZED CODE ENFORCEMENT OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OR OFFICIAL FOR THE CITY OF DIAMOND BAR, STATE OF CALIFORNIA: Upon the ex parte application of the City of Diamond Bar and for good cause shown to the court: YOU ARE HEREBY COMMANDED to enter the premises described below within fourteen (14) days from the date of this Warrant, and you are directed to abate nuisance conditions existing thereon as follows: 783 Bowcreek Drive, Diamond Bar, California [Assessor Parcel No. 8281-043-0651 Cut and remove all weeds, dry brush, dead or overgrown vegetation from front, side and rear yard areas. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clean, drain and/or treat the swimming pool for mosquitoes. YOU ARE FURTHER COMMANDED to make a return to this court according to Section 1822-55 of the Code of Civil Procedure. Execution of this Warrant may not be made between the hours of 6:00 p.m. and 8:00 a.m. of the succeeding day. The property owner need not be present when abatement is underway pursuant to this warrant. Forcible entry [by cutting any locks on the gate to the rear yard, if necessary] is authorized if no one is present or available to provide access to side and rear yard areas. Notice of issuance of this abatement warrant shall be served [at least twenty-four (24) hours prior to execution] in the following manner: (i) By causing a copy of said notice to be delivered by U.S. Postal Service [via first class mail] to Julie Mihye Oh at 783 Bowcreek Drive, Diamond Bar, CA 91765 [her last known address according to public records]; [and] (ii) By posting a copy of said notice on the real property at 783 Bowcreek Drive, Diamond Bar, California. SHERIFF'S DEPUTIES are authorized to be present to ensure successful execution of this abatement warrant. LOS ANGELES COUNTY VECTOR CONTROL OFFICERS AND/OR OTHER� PROFESSIONALS including private contractors may also be present to treat the swimming pool for mosquitoes [in any manner deemed most efficient or effective by Vector Control officials]. -2- I �2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Said abatementmay be done by or in the company of contractors, technical assistants and other experts whose professional expertise is necessary in order to complete the work required, and/or representatives of any department of the City of Diamond Bar. GIVEN UNDER MY HAND and dated May 2�, 2010. OF THE SUPERIOR COURT CHFIISSTIAN R. GUILLON -3- (M. W OF THE SUPERIOR COURT CHFIISSTIAN R. GUILLON -3- 2 3 4 5 6 7 8 9 10 11 � 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 28 Patricia H. Fitzgerald, SBN 167394 DAPEER, ROSENBLIT.& LITVAK, LLP 2770 East Slauson Avenue; P.O. Box 2067 Huntington Park, CA 90255 (323) 587-5221 IProsecutors for the CITY OF DIAMOND BAR LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE NUISANCE CONDITIONS ON REAL PROPERTY AT 783 BOWCREEK DRIVE, DIAMOND BAR, CALIFORNIA [APN 8281-043-0651 WARRANT NO. 52 RETURN ON ABATEMENT WARRANT DATE: TIME: DIV. I, the undersigned, make this Return to the within Abatement Warrant, and under its authority I diligently executed said warrant on the -7 day of 2010. Premises entered: Real Property located at 783 Bowcreek Drive, Diamond Bar, California [Assessor Parcel No. 8281-043-0651. Persons Participating in the Abatement: -2kc-z! <f I -S C'6 4111-, (f ep 4=-"j. C-7 el r --- C 'o' -pocoD'i'1' SDC'C�" Ai0D EC-CktNjjc.-,J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matters Abated: kACQ(6eS J(ZEES i PeON),,J(o OF P -05C PK)Q ?-CrA01Q.Al- OF 6LA- I declare under penalty of perjury that the foregoing is true and correct. Executed this 10 day of 3JNC 2010, at Pomona, in the County of Los Angeles, State of California. 1- WN LW 45VAROA � WA Igo 4 1 Leig to = iv RETURN APPROVED. Subscribed and sworn to before me this /0 day of Y)Cqe- 201 I .- -2- JUDGE OF THE SUPERIOR COURT UHNSTIANI ATTACHMENT 7 Carol Herrera Mayor Steve Tye Mayor Pro Tern Ling -Ling Chang Council Member Ron Everett Council Member Jack Tanaka Council Member Recycled paper 5 21825 Copley Drive • Diamond Bar, CA 91765-4178 Julie Mihye Oh 783 Bowcreek Drive Diamond Bar, CA 91765 (909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE The real property that is the subject of this notice is located in the City of Diamond Bar, Los- Angeles County, California, on premises described as Lot 55 of Tract 42582, as per Map recorded in Book 1033, Pages 75 to 83 inclusive of Maps in the Office of the County Recorder of said County and commonly known as 783 Bowcreek Drive [Assessor's Parcel No. 8281-043-065] NOTICE IS HEREBY GIVEN that the Director of Community Development has determined that the following nuisance conditions exist on real property located at 783 Bowcreek Drive, in the City of Diamond Bar, California [Assessor's Parcel No. 8281-043-065] 1. A green and stagnant swimming pool [in violation of Section 100 1. 11 of the Diamond Bar Housing Code] 2. Weeds and overgrown vegetation [in violation of Section 22.34.030(d) of the Diamond Bar Municipal Code] The aforementioned conditions must be abated as follows within the next ten (10) calendar days: The swimming pool must be drained, cleaned and treated for mosquitoes (and thereafter maintained in a clean and sanitary condition at all times). All weeds, rank growth and other overgrown, dead or deceased vegetation throughout front, side and rear yards (and sidewalk areas in front of the property) must be cut, trimmed and lawfully disposed of (and all landscaping must be maintained in a neat, healthful and well -tended condition at all times thereafter). Any nuisance conditions not abated as described above, will be corrected, removed, destroyed, demolished or otherwise abated by the City of Diamond Bar (without regard to salvage value) and the cost of abatement will be billed to the property owner of record, and assessed against the land on which the nuisance is located. The notice may also be recorded against the property in the office of the county recorder. Notice and Order to Abate Nuisance Page 2 of 2 All property owners (or other interested persons) having any objections to this determination of nuisance and order of abatement may[within ten (10) days from the date of this notice] submit a written request for a public hearing before the City Council in accordance with Diamond Bar Municipal Code Section 22.34.070(f). Dated this 1.!Z -r dayofMay 2010 Greg Gubman Community Development Director ATTACHMENT 8 15489 A NEIGHBORHOOD IMPROVEMENT OFFICER INSPECTED THE PROPERTY DESCRIBED ABOVE AND OBSERVED THE FOLLOWING VIOLATION(S) OF THE DIAMOND BAR MUNICIPAL CODE: • Improper time and date of placement of trash containers [DBMC 6 8.16-100] • Storage of abandoned or inoperative vehicles [DBMC 6 1020.0101 • Encroachment within public streets or sidewalks [DBMC 6 12.04.140] • Construction without proper permits [DBMC 615.00.3011 • Storage of debds/matedalsArash cans in public View [DBMC B 22-34-030 (a)) • Parking of vehicle on unpaved surface [DBMC 6 22.34.030 (b)] El Damage or deterioration of structure [DBMC 522.34.030 (c)] /Poor landscaping conditions [DBMC 6 22.34.030(d)] C3 Unsafe and non -permitted fences or walls [DBMC 8 22.34.030(e)] • Improper display of temporary banners (DBMC 8 22.36.0401 • Non -permitted signs [DBMC 3 22.36.0801 C3 Improper use of property [DBMC B 22.42.010] 0 Holiday/decorative lighting installation [NEC ch 70, rticle 305-3(b)] A Neighborhood Improvement Officer will visit the property in days to ensur I* nce with our community standards. Please co eliste v afion(s)by /jD,..ora citation an a $100 fine s I be issued. If you have an s ions regarding this notice, or would like to schedule an appointment to meet with a Neighborhood Improvement Officer to discuss the City Code or other concerns in your neighborhood, please do not hesitate to contact Officer: 1_4=99P94?� (909) 839-7036 �k CAapp cks at (909) 839-7025 Fvo Thkink v I fo your assistance In maintaining Diamond Bar as a —1bee"tiftit-5fib safe place to IN la �, Date: \ /LA 1110. Signed: YN qh!.trh..d p, ,,,em fff.err Y01—Re Pe' ATTACHMENT Carol Herrera Mayor Steve Tye Mayor Pro Tern Ron Everett Council Member Jack Tanaka Council Member Ling-Ling Chang Council Member December 0,2009 21826 Copley Drive. Diamond Bar, CA 91766-4178 (909) 839-70Q0~Fax (909) 861-3117 OH/MINSAND JULIE M 783BOWCREEKDR DIAMOND BAR, CA 917651885 On Thursday, November OS, 2009 I visited your property as part of the City's ongoing effort to ensure the continued safety and attracdvness of the community. Conditions that detract from the appearance of your neighborhood were observed. Ivisited your property again on Monday, December 07, 2009 and observed that the following conditions continued toexist: DescriDtion Code Section Requested Compliance Date P Conditions BMC 22.34.030 [d] 1111712009 oor Landscaping Diamond Bar's reputation as a community of attractive and well-maintained properties is basad substantially on the high standards that are set by the community and contained in the city code. Our goal istowork with residents and business owners to e|rninato blight, approve the appearance and safety of the community, and create an atmosphere which instills pride and o sense of |well-being tothose who live, work, and play in Diamond Bar. I will visit the property again on December 21, 2009. Your cooperation in correcting the condition(s) identified above is appreciated. Should the violation continua to exist, responsible parties will be subject to a $100 citation. If you have any questions, orrequire additional information, please do not hesitate to contact me at (909) 839-7025 ext 36. sincerely, RichardRreiholtz cc: Greg Gubman, AICP, Community Development Director �V —���G� �' ����^ CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT 21825COPLEYDRIVE DIAMOND BAR, CAQ17O5 (909) 839-7030 LOCATION DIAMOND BAR, CALIFORNIA ANEIGHBORHOOD IMPROVEMENT OFFICER INSPECTED THE PROPERTY DESCRIBED ABOVE AND OBSERVED THE FOLLOWING VlOLATDN(S)OFTHE DIAMOND BAR MUNICIPAL CODE: [} Improper time and date ufplacement nftrash containers [DaMcQo1o1O01 El Storage ofabandoned orinoperative vehicles [oBMC01o.2o.o10] 0 Encroachment within public streets orsidewalks [n8MC012u4.14u] 0 Construction without proper permits LooIVIc&1s.00.001] 0 Storage ofdobrie/mateha|o8naehcans inpublic view [DBMCQ2u.34.o3o(a)) 0 Parking ofvehicle onunpaved surface Lo8MCO22.a4.oao(b)] 0 Damage ordeterioration ufstructure [ooMCQc2.a4.000(c)] Poor |andoca�ngoondiUU ono(oBmc&uu�a4�onO(� ^0 Unsafe and non -permitted fences orwalls [oeIVIc&2u.o4uoo(e)] Cl improper display nftemporary banners [oeMcOzu.8a.o*0] [) Non -permitted signs [oeIVICUuo3suo01 [] Improper use ofproperty [oawc&zu.4zo1o] Holiday/decorative' lighting installation [NEC ch 70Article 305-3(b)] NT 11 ARTICLE 111. SITE PLANNING AND GENERAL DEVELOP... Par I of 4 ATTACHMENT 12 Sec. 22.34.070. Abatement procedures. (a) Public nuisance and nuisance per se. (1) The authority to abate and impose sanctions. Enforcement of this chapter shall be accomplished by the director in any manner authorized by law. The procedures identified in this chapter shall not be exclusive and shall not, in any manner, limit or restrict the city from enforcing other ordinances or abating public nuisances in any other manner provided by law. Whenever the director determines that any condition exists in violation of this chapter, the officer shall take appropriate enforcement action in compliance with this chapter. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law. (2) Written notice. Whenever the director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a nuisance exist, the director shall prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of property, to be notified in writing of the existence of the condition and/or require an appearance before the director at a stated time and place to show why the condition should not be abated by the city at the person's expense. The notice and order to abate the determined public nuisance shall contain the following information: a. The street address and a legal description sufficient for identification of the property on which the condition exists; b. A statement that the director has determined that a public nuisance is being maintained on the property with a brief description of the conditions which render the property a public nuisance; c. An order to secure all appropriate permits and to physically commence, within a certain time from the date of service of the notice and order, and to complete within that reasonable and established time and date, the abatement of the described conditions; d. A statement advising that the disposal of any material involved in public nuisances shall be conducted in a legal manner; e. A statement advising that if the required work is not commenced within the time specified, the director will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the property; f. A statement advising that a person having an interest or record title in the property may request consideration of the notice and order or any action of the enforcement within ten days from the date of service of the notice and order; and g. A statement advising that the notice and order will be recorded against the property in the office of the county recorder. (b) Manner of notice. The notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required in compliance with subsection (a)(2) above at the address of the violation as it appears on the latest equalized assessment roll of the county, or as known to the director. The address of owners shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing the notice. The failure of the director to make or attempt service on a person required in this chapter to be served shall not invalidate any proceedings hereunder as to any other person duly served. Service by mail, in compliance with this chapter, shall be effective on the date of mailing. The failure of any person http://library2.municode.com/default-test/DocView/12790/l/109/... 7/27/2010 ARTICLE III. SITE PLANNING AND GENERAL DEVELOP... Page 2 of 4 entitled to receive notice shall not affect the validity of any proceedings taken under this chapter. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made. At the time the notice and order is served, the director shall file in the office of the county recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and that the owner has been so notified. The director shall file a new certificate with the county recorder that the nuisance has been abated whenever the following actions occur: (1) Corrections ordered have been completed so that a public nuisance no longer exists on the subject property as described in the original certificate; (2) The notice and order is rescinded upon appeal; or (3) Whenever the city abates the nuisance and the abatement costs have been paid. (c) Extension of time to perform work. Upon receipt of a written request from any person required to comply with the order, the director may grant an extension of time within which to complete the abatement, if the director determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The director shall have the authority to place reasonable conditions on any extensions. (d) Hearing. The director may set a date, time and place to hear any relevant evidence concerning the existence of the alleged public nuisance and the question of whether the expense of abating the public nuisance, if determined to exist, should be made a lien on the property. If, at the conclusion of the hearing, the director is satisfied that the condition exists and concludes that it should be abated at the expense of the landowner, the director shall advise the person in writing in the same manner as provided in subsection (b), above. The notice shall also inform the landowner of the right of appeal as provided in subsection (h), below. In the event any person given notice of hearing, as, shown by the evidence of mailing, should fail to appear at the hearing, then the evidence available to the director shall be sufficient evidence of the existence of facts in support of the conclusion. (e) Request for reconsideration. Any person aggrieved by the action of the director in issuing a notice and order in compliance with this chapter may request a hearing before the council in compliance with subsection (h), below. If no appeal is filed within the time prescribed, the action of the director shall be final. (f) Council hearing. A request for a council hearing shall be made in compliance with the following provisions: (1) Hearing on director's decision. Any person entitled who is dissatisfied with a public nuisance determination of the director may request a hearing before the council within seven days from the date of mailing of the decision of the director. The written request shall be filed with the department. (2) Request for hearing. The request for a council hearing shall specify the following: a. The legal description and street address of the property; b. The determination that is the basis of the hearing request; c. The person's legal interest in the property; d. A statement of disputed and undisputed facts; and e. A signed verification of the truth of all stated matters. (3) Processing of requests for hearings. Requests for hearings shall be processed in http://library2.municode.com/default-test/DocView/12790/l/109/... 7/27/2010 ARTICLE Ill. SITE PLANNING AND GENERAL DEVELOP... Page 3 of 4 the following manner: a. Upon the timely filing of a request for hearing, the director shall place the matter oDaregular meeting ofthe council scheduled tOb8held not less than 3O days after the appeal isreceived; b. The council may reverse or modify the decision of the director and/or remand the Dl@tt8[ to the director for further consideration. If the COUOCi| does not take any action reVenGiDg, modifying and/or remanding of the decision of the director within 3Odays after the filing ofthe request for ahearing, the director's action on the matter shall be final and conclusive. Notice of final determination GhgU be sent iOthe same manner oSafter the directors determination. (g) Abatement of . If the nuisance is not completely abated by the owner as directed within the abatement period, the city shall immediately cause the same to be abated by Cjtv pgnSOOOe| or private contract and the personnel or persons under contract are expressly authorized to enter upon the SUhieCt premises for these purposes. The oVvDe[ of the premises shall be liable to the Cih/ for all COS[s of abatement, including all administrative and inspection costs. (h) Froc88/6non for abatement of imminently dangerous public nuisances. Whenever the director determines that a public OVigaOCe is oO imminently dangerous to life Or adjacent property that the condition ah@|| be immediately corrected, Or iso|etad, the fo||OVViOg pn}nadupao shall beinstituted: (1) Personal interview. The director shall attempt to make contact through 2 personal iRterVi8Vv. or by b5|ephOO8 with the laOdOVVOe[ Or the person, if any, occupying or otherwise in Fe3| or apparent charge and CODtFo| of the subject property. In the event contact is made, the director shall notify the person(s) of the danger involved and require that the condition be immediately removed, repaired Or isolated to preclude harm toany person orproperty; /2\ Removal Ufthe dangerous nonUVtion(s). |Othe event the director ieunable b]make cont@(t, or if the appropriate penoOOG, after notification by the director, do not take action as specified by the officer, within the time frame ngquested, then the director may, with the approval of the city [D8Oage[' take all steps deemed necessary to [e[OOV8 or isolate the dangerous condition(s), with the use of city personnel or contractor retained in compliance with the provisions Ofthe Municipal Code; and /3\ Account of the CD3t5. The director shall keep an itemized account of the COStG incurred by the oib/ in removing or isolating the condition(s). These costs may be recovered in the gonne manner that @bgteDl8D[ costs are recovered, in compliance with this chapter. 0\ Costs of inspection. Whenever public nuisance as defined in this chapter is found to exist as a result of the inspection, the reasonable costs for the inspection, as set by the council's fee resolution, shall bapaid bythe landowner. U\ Assessment Ofcosts against Re8/ property. The following provisions shall apply: /1\ Cost assessment. The director, personnel or persons who abate the nuisance shall keep an aooOUDt of the cost of abatement. The pa[SOOOe| or persons oh8U submit an ihgrniZ8d written report ohOVViOg the costs to the director for transmittal to the council. (2) Hearing onassessment. The city clerk shall set the report and account for hearing bythe council atthe first regular meeting which will b8held atleast seven days after the date of filing, and shall post a copy of the report and account and notice of the date, time and place ofthe hearing in@conspicuous place. The owner who ieaffected bythe report and account shall be served @ notice containing the date, time and place ofthe hearing. �++r� ' �� 1�y-7&A/1/1A�/ 7/�7/�81Q z��� ]/1I��E���ID0l���Quw�0I�/{I�Z�D1�[�8Dl�0C�I��V'��,�v'^'^v�/ ''�.,'^�v^v ARTICLE 111. SITE PLANNING AND GENERAL DEVELOP... Page 4 of 4 (3) Tax lien. The council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or interested person may present a written or oral protest or objections to the report and account. The council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. In compliance with state law (Government Code §§ 25845 and 38773.5), the total costs of abatement, including all administrative costs, shall constitute a special assessment against the subject parcel. After the assessment is made and confirmed, it shall become a lien on the subject parcel. (4) Cost report. After confirmation of the report, a certified copy shall be filed with the county auditor on or before August 10th of each year and the auditor shall be requested to enter the amounts of the respective assessments on the county tax roll. (5) Special assessment. The special assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes. (6) Refunds. The council may order refunded all or part of an assessment paid in compliance with this chapter, if it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the city clerk on or before December 1st after the assessment becomes due and payable. The claim shall be verified by the person who paid the assessment, or the responsible administrator, executor or guardian. (k) Enforcement. Enforcement of the provisions of this chapter shall be in compliance with chapter 22.78 (Enforcement). (Ord. No. 02(1998), § 2, 11-3-98) http://library2.municode.com/default-test/DocView/12790/l/109/... 7/27/2010 ARTICLE 111. SITE PLANNING AND GENERAL DEVELOP... Page I of 2 CHAPTER 22.34. PROPERTY MAINTENANCE STANDARDS Sec. 22.34.010. Purpose. This chapter provides for the abatement of conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.34.020. Applicability. The standards for property maintenance provided in this chapter apply to all properties within the city, except where otherwise provided in this chapter. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.34.030. Single-family standards. (a) Storage in front yard/side yard abutting a street. (1) The entire front yard visible from an adjacent street or sidewalk shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative vehicles, dismounted camper bodies, discarded or broken materials, appliances, equipment or similar materials. (2) Emergency or minor repairs to a motor vehicle owned by a person residing upon the parcel may be conducted on a vehicle upon a paved driveway or paved parking area. Repair shall be concluded within ten consecutive days of the commencement thereof or up to 30 days at the discretion of the director. (3) Interior side de yards and side yards abutting a street shall be maintained in a clean and orderly manner. (b) Vehicle parking. (1) Parking of vehicles, including recreational vehicles, on a single-family parcel shall occur within a garage, or carport, or upon a driveway or other allowed paved parking area. If parked on a side yard, an open pedestrian walkway at least 36 inches in width shall be maintained on one side yard for public safety access purposes. (2) No person shall park or store a commercial vehicle, commercial trailer or related commercial equipment for a period in excess of 72 hours. No more than two commercial vehicles or trailers may be parked on a parcel at any one time. (c) Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.), peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure. http://library2.municode.com/default-test/DocView/12790/l/109/... 7/27/2010 ARTICLE Ill. SITE PLANNING AND GENERAL DEVELOP... Page 2 of 2 (d) Landscape maintenance. Yards and setback areas shall belandscaped with lawn, trees, ShnVbS' or other plant Olateh@|. and shall be permanently maintained in a neat and orderly [OaDOe[ and substantially free of weeds, debris and d88d, diseased or dying vegetation and broken or defective decorative 8|enQeDtS of the landscaped area. Foliage in |8OdSC8ped areas shall be mowed, grOOOled, trimmed, pruned and adequately watered so@StO maintain healthy growing conditions and not detract from the appearance Of the immediate neighborhood. Irrigation Syst800G shall be maintained to prevent public health or safety hazards. (1) The standards contained in this seCbOO shall apply to an exposed surface which forms anincline that has oratio 0f1O:1 (hohzODta|:verbCG|)orgreater. B. Slopes adjacent to apublic highway shall bemaintained in aneat and clean manner, free Ofweeds and debris. Apublic highway shall include kJcg| streets, the eDbn3 width of every highway including all portions dedicated for highway purposes, such aathe sidewalks, parkways and [VadvV@yS. Said slopes shall be irrigated se@3nOg||V or at intervals sufficient to ensure gUrViV@| and g[0xxh Of slope plant material. Plant material Sh8|| be neatly trimmed and Ghg|| not encroach into the public right-of-woy.Erosion control methods shall be utilized to maintain slope stability. VV@||S, fences and/O[ slope plant material shall be maintained in @ manner that does not detract from the oppe@[8DC8 of the immediate, neighborhood. Overgrown vegetation that harbors nGtG or other merDOiO` or attains such growth as to b8CO[ne @ fire hazard when dry or that is otherwise OOxiOUS' dangerous orunsightly shall be prohibited. Failure to [D3iOt8iD said slopes in the manner described is declared uO|8vVfU| and a public OUiG8DDe endangering the health, safety and general welfare of the public and detrimental b}the surrounding community and shall beabated pursuant tosection 22.34.O7O. (e) Fence and wall maintenance. All structures shall Le maintained iO8structurally sound, safe manner with 8 dean' orderly appearance. Any physical damage or deterioration, peeling p@iU[. loose boards, graffiti, or other types of damage Or deterioration Sh8|| be repaired as SODn as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. /f\ Temporary erosion control. Sandbags and other temporary erosion CODt[o| measures may be utilized for a maximum of one year. Sandbags and other erosion control material and devices oh@|| be maintained in good condition and replaced as O8caae8[y. After one year, a permanent solution shall bapursued. /C}Pd. NO. 02(1998),G2, 11-3-98; Ord. No. 02(2001),§22. 11-6-01; Ord. No. 04/2001\. 8 1. 11-20-01; {]rd. No. 06(2003), 12-2-03) �ft�^ 1�7��/1/�AC� 7�7�010 ^^���'''^^°""^�^�'��^�^^^°°`��.�°^^~~^~.~~.~ ~~~~�'~~,^�,,'�^_'.~-'_.~'''' ''_.._--- 7l \ � •1rnxlrmr"°�j lgg VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: tJ 1 V) �+ `► AJ DATE: ADDRESS: y -:� -�-� Fm►o�/1 G� HONE: C) °1 q Co 19 ORGANIZATION: C AG SNDA#/SUBJECT:" I expect to address the Council on the subject agenda/ reflect my name and address as written above. item. Please have the Council Minutes This document is a public record subject to disclosure under le Public Records Act. y