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HomeMy WebLinkAbout07/05/2011 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING: N TIME-WARNER CABLE`CHANNEL 3 AND VERIZON Fi08 T; EVISION CHANNEL 47;'AS WELL AS. BY STREAMING VIDEO OVER THE.,INTERNET,AND:BYREMAINING IN T':H CJM YOU ARE GIVING YOUR PERMISSION TO BE.TELEVISED: THIS MEETING.UVILL BERE-BROADCAST EVERY.SATURDAY:i4ND SUNDAY AT 9.00 A:M. AND ALTERNATE TUESDAYS AT 8:00 P:'M. AND AREALSO AVAILABLE;FOR LIVE AND ARCHIVED VIEWING ON THE'CITY'8 WEB SITE AT WWW.CITYOFDIAMONDBAR.CQM CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 5, 2011 Next Resolution No. 2011-33 Next Ordinance No. 05 (2011) CLOSED SESSION: 5:30 p.m., Room CC-8 Public Comments on Closed Session Agenda Government Code Section 54956.8 Property Address: 21810 Copley+Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: Los Angeles County Library Under Negotiation: Terms and Conditions CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr, PhD Islamic Education Center ROLL CALL: Council Members Everett, Herrera, Tanaka, Mayor Pro Tem Chang, Mayor Tye APPROVAL OF AGENDA: Mayor Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. July 5, 2011 PAGE 2 I SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming the month of July, 2011 as Parks and Recreation Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda* to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — July 6, 2011- 6:30 — 8:00 p.m., Ravelers (Classic Rock) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Movies Under the Stars — July 6, 2011 — How to Train Your Dragon - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Planning Commission Meeting — July 12, 2011 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Concerts in the Park — July 13, 2011- 6:30 — 8:00 p.m., Bumptown (Latin) Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 Movies Under the-Stars — July 13, 2011 — Despicable Me - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.6 Traffic and Transportation Commission Meeting - July 14, 2011 — 7:00 p.m., Hearing Board Room, 21865 Copley Drive. 5.7 City Council Meeting — July 19, 2011 — 6:30 p.m'., AQMD/Government Center Auditorium, 21865 Copley Drive. July 5, 2011 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes: Regular Meeting of June 21, 2011 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Regular Meeting of May 10, 2011 — Receive and file. (b) Regular Meeting of May 24, 2011 — Receive and file. 6.3 Ratification of Check Register — June 16, 2011 through June 29, 2011 totaling $1,296,719.65. Requested by: Finance Department 6.4 Treasurer's Statement— For the Month of May, 2011. Recommended Action: Approve. Requested by: Finance Department 6.5 Adopt Ordinance No. 04 (2011): Regarding Recovery of Attorney Fees in Nuisance Abatement Proceedings and Amending Diamond Bar Municipal Code. Recommended Action: Adopt. Requested by: Community Development Department 6.6 Approval of Contract with the Regional Chamber of Commerce — San Gabriel Valley for FY 2011-12 Business Development and Retention Services in the Amount Not to Exceed $12,000. Recommended Action: Approve. Requested by: City Manager 6.7 Adopt Resolution No. 2011-XX: Authorizing and Approving the Sale of $209,000 of Proposition A Funds (Local Return Transit Funds) to the City of West Hollywood. Recommended Action: Adopt. Requested by: Public Works Department July 5, 2011 PAGE 4 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Approval of Memorandum of Understanding, Lease Agreement, and Landlord's Work Letter Between the City and the County of Los Angeles Public Library for Construction and Operation of the new Diamond Bar Library at 21810 Copley Drive. Recommended Action: Approve. Requested by: City Manager 8.2 Award of Contract to Woodcliff Corporation in the Amount of $5,032,000 for Construction of a City Hall and Library at 21810 Copley Drive; Authorize an Additional $152,000 for other Construction Work and Contingency Amount of$884,616 (17.5%) for a Total Authorization of$6,068,616. Recommended Action: Award and Authorize. Requested by: City Manager 9. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6 . 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 21, 2011 CLOSED SESSION: 5:45 p.m., Room CC-8 D RAFT Public Comment on Closed Session Agenda — None offered. ► Government Code Section 54956.8 Property Address: 21810 Copley Drive Diamond Bar, CA Agency Negotiator: City Manager Negotiating Party: Los Angeles County Library Under Negotiation: Terms and Conditions Closed Session adjourned at 6:30 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that tonight's Closed Session began at 5:45 with no public comments offered. The one item discussed is a matter of lease negotiations with the County with respect to leasing a portion of the City's property at 21810 Copley Drive to L.A. County for the purpose of establishing a new County Library. The City Council discussed terms and conditions of the lease and gave direction to the City's negotiator regarding those lease terms. No reportable decisions were made. The lease, when it is finally negotiated, will be brought to the City Council in a public session for approval which staff anticipates will occur at the Council's regular meeting on July 5. PLEDGE OF ALLEGIANCE: Heidi Gallegos, Executive Director, Regional Chamber of Commerce, led the Pledge of Allegiance. INVOCATION: Pastor Paul Song, Diamond Canyon Christian Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Kimberly Young, Associate Engineer; Ken Desforges, IS Director; Grace Lee, Senior Planner; Anthony Santos, Management Analyst; Patrick Gallegos, Management Analyst; Lauren Hidalgo, Public Information Specialist and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. JUNE 21, 2011 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Dean Conklin, WVUSD Superintendent, thanked the City Council for their work on behalf of the citizens and specifically thanked the Council for its continued support of the STAR program. Heidi Gallegos, Executive Director, Regional Chamber of Commerce, introduced Elizabeth Barterian, Chamber Business Membership Development Coordinator who will be working exclusively in D.B. Ms. Gallegos reported that the Chamber has also hired Melanie Coward as an "event coordinator" to focus on business networking. She invited the Council to the Chamber's Annual Installation Dinner on Thursday, July 7 at Seasons Place, in the City of Industry. Alan Wilson wanted to know what kind of business was interested in the Diamond Bar Honda property, more information on Consent Calendar Item 6.6 and wanted to know the results of the Parks survey that was done around six months ago. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano thanked Superintendent Conklin for his remarks. D.B. has enjoyed a great relationship with the School District over the years and the City Council has kept public safety a high priority. As M/Tye indicated, this includes not only law enforcement issues but also the educational component. In the adoption of its budget, the City Council for the 2011-12 Fiscal Year did not in any way modify the components of the public safety portion of the budget. Unlike many contract and full service cities D.B. has not had a need to make, any changes to its service levels which in fact have remained the same and in some cases increased slightly. With respect to Mr. Wilson's comments, CM/DeStefano stated that with respect to the Diamond Bar Honda site, there were a few businesses that seemed rather inappropriate for that location including a rather benign speculative office building, a public storage facility, and an apartment building developer. Based on this, staff has concluded that a freeze on development opportunity for that property was necessary to allow time to work with the property owner to develop a land use plan that would be in the best interest of all concerned. With respect to* Mr. Wilson's comments regarding the mini-park property, CM/DeStefano stated that in the Longview/Summitridge neighborhood there are three or so tiny mini-parks that encompass a lot or two of space. In the case of Consent Calendar Item 6.6, that property was to have been dedicated to the County of Los Angeles when the acreage was subdivided prior to D.B. JUNE 21, 2011 PAGE 3 CITY COUNCIL Incorporation in 1989. For reasons unknown to CM/DeStefano, the paperwork to transfer the property to the County was never completed. Recently, when D.B. elected to move forward to make physical improvements to that park and another park in the same neighborhood, staff realized that in order to utilize federal grant opportunities and other potential funding sources the City needed to prove ownership knowing full well that ownership did not lie with the City of D.B. At that point staff began working with the owners who subdivided the property and their predecessors and found that they are willing to work with the City to "gift" the property some 20 years a fter the fact. The City has been maintaining the property during this time without question and without hesitation. However, when it becomes a matter of physically changing or upgrading the park those changes require ownership approval. Bottom line is that the City Attorney has been working with the owners of this and one other park in the same neighborhood to complete the transaction of the properties being legally "gifted" to the City. With respect to Mr. Wilson's question regarding the results of a survey he is not sure about the survey the speaker referenced. About six months ago the City had a consultant do some survey work in the community regarding the possibility of going out with some sort of community assessment or modification to the Lighting and Landscape Assessment Districts in order to generate some additional funds to either support the LLAD's or supplement the General Fund monies for ongoing maintenance. More importantly, the survey was seeking to determine whether there was voter interest in creating a Parks and Recreation District or Community Facilities District which would be utilized to facilitate the capital needs of the new Parks Master Plan. The Parks Master Plan will come to the City Council the end of July for consideration and staff knew that the plan would have a long list of capital needs moving forward so staff looked at the possibility of voter interest in supporting an assessment to pay for those capital needs and services. The survey resulted in a less than favorable result from the voters who indicated that the time was not right for any sort of an increase and those ideas were basically dropped. All of these issues have been discussed in public meetings through the hiring of the consultant as well as, through Council Study Sessions, etc. The documents have always been available for public review and they are available today. Staff is happy to provide those results to anyone seeking that information. M/Tye said that the Diamond Bar Honda property has been vacant for three or four years and it is far more important for the City and its tax revenue to get it right than to do it quickly. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — June 23, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive (Canceled). JUNE 21, 2011 PAGE 4 CITY COUNCIL 5.2 Planning Commission Meeting — June 28, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 4th of July Holiday — Monday, July 4, 2011 — City Offices will be closed in observance of 4th of July. Offices reopen Tuesday, July 5, 2011 at 7:30 a.m. 5.4 4th of July Blast — July 4, 2011 — 5:00 p.m., Diamond Bar High School, 21400 Pathfinder Road. Fireworks begin at 9:00 p.m. 5.5 City Council Meeting — July 5, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.6Concerts in the Park — July 6, 2011 — 6:30 to 8:00 p.m., Ravelers (Classic Rock) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.7 Movies Under the Stars — July 6, 2011 — How to Train Your Dragon — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.8 Planning Commission Meeting — July 12, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.9 Concerts in the Park — July 13, 2011 —6:30 to 8:00 p.m. Bumptown (Latin) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.10 Movies Under the Stars — July 13, 2011 Despicable Me — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.11 Traffic and Transportation Commission Meeting — July 14, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.12 City Council Meeting — July 19, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1. CITY COUNCIL MINUTES - Regular Meeting of June 7, 2011 — Approved as submitted. JUNE 21, 2011 PAGE 5 CITY COUNCIL 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES: (a) Study Session of April 14, 2011 (b) Regular Meeting of April 28, 2011 6.3 RATIFIED CHECK REGISTER — Dated June 2, 2011 through June 15, 2011 totaling $454,121.13. 6.4 AUTHORIZED CITY MANAGER TO PURCHASE HEWLETT-PACKARD SERVERS, CISCO NETWORKING EQUIPMENT AND ADDITIONAL HARDWARE FROM CDWG, THROUGHOUT FY 2011-12 IN AN AMOUNT NOT-TO-EXCEED $260,000. 6.5 APPROVED A CONTRACT WITH THE COMDYN GROUP, INC. FOR AS-NEEDED INFORMATION TECHNOLOGY SERVICES IN AN AMOUNT NOT-TO-EXCEED $35,500 FOR FISCAL YEAR 2011-12. 6.6 ADOPTED RESOLUTION NO. 2011-27; ACCEPTING THE QUITCLAIM DEED FROM RYLAND HOMES OF CALIFORNIA, INC. OF ITS INTEREST IN THE PROPERTY LOCATED IN THE LONGVIEW SOUTH MINI-PARK. 6.7 a) APPROVED AMENDMENT NO. 3 TO THE AGREEMENT WITH AND 1 OFFICIALS TO EXTEND THE CONTRACT PERIOD TO JULY1, 2011 THROUGH June 30, 2012 IN AN AMOUNT NOT-TO-EXCEED $35,000. b) APPROVED AN AGREEMENT NOT-TO-EXCEED $55,000 WITH THE CALIFORNIA CONSERVATION CORP (CCC) FOR AS-NEEDED TRAIL REPAIRS, BRUSH CLEARANCE AND MINOR MAINTENANCE IN PARKS AND OPEN SPACE FOR THE 2011-12 FISCAL YEAR, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT. c) APPROVED CONTRACT EXTENSION WITH EXCEL LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES AT LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS NOS. 38, 39 AND 41 FOR THE 2011-12 AND 2012-13 FISCAL YEARS IN THE ANNUAL AMOUNT OF $329,675; PLUS A CONTINGENCY AMOUNT EACH YEAR NOT-TO-EXCEED $27,000 FOR AS-NEEDED WORK, FOR A TOTAL ANNUAL AUTHORIZATION OF $356,675. d) � APPROVED AMENDMENT NO. 1 TO THE AGREMEENT WITH ACCESS CONTROL SECURITY TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2011 THROUGH JUNE 30, 2012 IN AN AMOUNT NOT-TO- EXCEED $30,000. JUNE 21, 2011 PAGE 6 CITY COUNCIL e) APPROVED AMENDMENT NO. 3 TO THE AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2011 THROUGH JUNE 20, 2012 IN THE AMOUNT OF $70,000. D APPROVED AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT-TO-EXCEED $70,000 FOR FISCAL YEAR 2011-12. g) APPROVED EXTENSION OF CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE FOR THE TERM OF JULY 1, 2011 THROUGH JUNE 30, 2013 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT NINE (9) CITY PARKS, GROUNDS OF THE DIAMOND BAR CENTER, FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE TRAIL/TRAIL HEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF $362,995 EACH FISCAL YEAR AND AS NEEDED WORK IN THE AMOUNT OF $25,000 EACH FISCAL YEAR, FOR A TOTAL AUTHORIZATION NOT-TO-EXCEED $387,995 ANNUALLY. h) APPROVED AMENDMENT NO. 6-A TO THE CONTRACT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR FISCAL YEAR 2010-11 ADDING $12,000 TO THE AUTHORIZED AMOUNT OF $177,800 RESULTING IN A TOTAL NOT-TO-EXCEED AMOUNT OF $189,800. i) APPROVED EXTENSION OF VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES FOR THE TERM OF JULY 1, 2011 THROUGH JUNE 30, 2014 TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT OF $155,832 EACH FISCAL YEAR AND AS-NEEDED WORK IN THE AMOUNT OF $35,000 EACH FISCAL YEAR FOR A TOTAL AUTHORIZATION NOT-TO-EXCEED $190,832 ANNUALLY. 6.8 a) AUTHORIZED THE CITY MANAGER TO APPROVE AMENDMENT NO. 4 TO THE THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH SJC3 CONSULTANTS IN THE AMOUNT OF $30,000 FOR A NOT-TO-EXCEED AMOUNT OF $90,700 TO ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP). b) APPROVED AMENDMENT NO. 1 ($23,566) TO THE THREE- YEAR CONTRACT WITH DIANA CHO AND ASSOCIATES FOR CDBG CONTRACT ADMINISTRATION SERVICES FOR A NOT-TO-EXCEED AMOUNT OF $48,566. JUNE 21, 2011 PAGE 7 CITY COUNCIL c) APPROVED CONTRACT WITH HEERY INTERNATIONAL, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF CITY HALL AND THE LOS ANGELES COUNTY PUBLIC LIBRARY FOR AN AMOUNT NOT-TO-EXCEED $426,351, AND AUTHORIZED A 5% CONTINGENCY ($21,500) FOR ADDITIONAL AS- NEEDED SERVICES. 6.9 APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FISCAL YEAR 2011-12 IN AN AMOUNT NOT-TO-EXCEED $59,280. 7. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2011-28: APPROVING TENTATIVE PARCEL MAP NO. 71362 FOR SUBDIVISION OF AN EXISTING VACANT 3.07 ACRE LOT INTO TWO LOTS FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE ON EACH LOT LOCATED AT 2127 DERRINGER LANE (APN 8713-034-030). SP/Lee presented staffs report requesting adoption of a resolution to approve a Tentative Parcel Map for subdivision of an existing vacant 3.07 acre lot into two lots to facilitate the future development of a single family residence on each lot on property located on the west side of Derringer Lane between Lodge Pole Road and Indian Creek Road at 2127 Derringer Lane within "The Country Estates". The property is zoned Rural Residential (RR) with a consistent underlying General Plan Land Use Designation of Rural Residential. The property is surrounded by single family homes to the north and east, a vacant lot which is approved for the development of a single family home to the south and open space to the west. The existing lot is 3.07 acres and the site has minimal vegetation with no protected trees. According to the City's Municipal Code, all subdivision applications are to be reviewed for approval by the City Council. On May 24, the Planning Commission, in its advisory role to the City Council, recommended approval of the Tentative Parcel Map. The upper Lot (Parcel 1) is proposed to be 1.6 acres and the lower Lot (Parcel 2) is proposed to be 1.39 acres. The proposed new lots fall within the average size of lots in the immediate vicinity. SP/Lee provided a table showing consistency and compliance with the proposed lots with the City's Subdivision and Development Code standards as well as the City's General Plan with regard to density. All service agencies were contacted regarding the proposed subdivision request and all agencies replied and are expected to provide service to each lot including providers of gas, electrical, water, sewer and television cable service. On June 13, staff was verbally notified by the General Manager of The Country Estates Association that the Board was opposed to the lot split and would not approve the future design and development of a single family residence on each lot. Although the property is bound by the CC&R's and Bylaws of JUNE 21, 2011 PAGE 8 CITY COUNCIL the Association; the City is not but has noted the Association's opposition. Despite the Association's opposition, the City Council must still exercise its independent judgment and base its decision solely on whether the required findings of approval can be made. SP/Lee stated that the proposed subdivision fully conforms with the City's Subdivision Ordinance and Zoning Regulations applicable to the site. SP/Lee provided copies of two letters of support that were submitted during the Planning Commission consideration. In addition, staff received an opposition letter this afternoon, copies of which have been provided to the Council Members this evening. The project was reviewed for compliance with the California Environmental Quality Act and staff prepared and filed an initial study documenting the reasons to support the findings and that the proposed project would not have any potentially significant impacts to the environment. Staff prepared and filed initial studies and Notice of Intent to adopt a Negative Declaration with the County Clerk, copies of which are included in Council's report. Staff recommends that the City Council adopt the Resolution approving the Tentative Parcel Map to allow a subdivision of an existing 3.07 acre vacant lot into two separate lots based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. M/Tye asked SP/Lee to address item 4 in a letter from the Ahusha's referencing what "The Country Estates" CC&R's would have to do and the City's responsibility relative to land use. CA/Jenkins responded that he felt that SP/Lee summarized that very well during her staff report when she said that the City does not in any respect enforce private CC&R's. The City Council's obligation is to review this application under the City's Zoning and Subdivision Ordinances without regard to the existence of CC&R's. As far as the City Council is concerned, this property is not subject to CC&R's and it should be treated as though it is just a property to be evaluated based on whether it com- plies with the City's standards of the Subdivision Ordinance which sets forth a series of requirements as to what findings would have to be made to deny. Staff is telling the City Council that it cannot make those findings because the proposal complies in all respects with the City's Zoning and Subdivision Ordinances. D.B. is a government and can only enforce its laws. CC&R's are a private contract which is entered into by those who purchase property within an area covered by those CC&R's. They may, through private contracting, enforce stricter or different requirements on property which may be enforced as long as they are not inconsistent with City law. Even though a subdivision is permissible under City law, they may very well have CC&R's that preclude further subdivision of this property but that is not something the City and City Council can be concerned about. In the end, it is a private matter between the property owner and the governing body of the HOA. JUNE 21, 2011 PAGE 9 CITY COUNCIL M/Tye said he wanted to hear the shorter version that the CC&R's do not supersede the responsibility of the City. CA/Jenkins responded that that indeed would be the shorter version. M/Tye opened the Public Hearing. Rai Marwah, D.B. The Country Estates resident speaking as a resident and not a member of the Board of The Country Estates Homeowners Association stated that the CC&R's do not preclude subdivision of the parcels. Page 7 of the CC&R's clearly states that no parcel owner will split the parcel without the approval of the architectural committee and the City. Nowhere does it say that one cannot split the parcels. Further he is in support of the subdivision because it adds to the value and to the coughers of the association. He sees no downside and strongly recommended approval of the split. Mal Richardson, Best, Best & Krieger, attorney for the applicant, thanked SP/Lee and the speaker for giving his presentation and emphasized that the question before the Council today is the question of whether or not the findings, as articulated by Chapter 21 of the Code and the Map Act can be made and if it can then the Parcel Map can be approved. As the Planning Commission has articulated, those findings can be made. One-comment regarding the CC&R's, CA/Jenkins is absolutely correct in the way he presents their relevance to these proceedings. For what it is worth, in terms of the process that is outlined by The Country Estates CC&R's, the previous speaker alluded to Article 11, Section 1 of the CC&R's requires this meeting as a prerequisite to the HOA Board hearing this matter. This step must be taken before the HOA members can have their voice heard in that private setting. He again thanked Planning staff and the City Attorney for their excellent approach to this matter and respectfully requested approval of the Tentative Parcel Map. Mr. Richard explained that present with him tonight the property owner and his son, Architect Pete Volbeda and Engineer John Wayne. Sandy Vardhan, son of the property owner, thanked staff for their help in helping to process this request and he and his father look forward to being a part of the D.B. community. Brent Beverly, President, The Country Estates Homeowners Association said he appreciated everyone's input and now understands that the process the homeowners are seeking at this time is to obtain permission to move forward from the City before taking the next step. He asked that no recording of the document be done until that process is complete and the owners have received the approval they are required to receive under "The Country Estate" CC&R's. JUNE 21, 2011 PAGE 10 CITY COUNCIL M/Tye closed the Public Hearing. C/Herrera asked staff to comment on the City's withholding recordation of this Tentative Map if it is approved today. .CM/DeStefano responded that the speaker asked that the City withhold its final approval subject to "The Country Estates" approval of the project and as staff and CA/Jenkins pointed out the City is not bound by private CC&R's and not bound by the contractual relationship between the property owners and "The Country Estates" Homeowner's Association. The City would have no obligation to undertake that specific request and therefore, as CA/Jenkins pointed out earlier, it is actually not a step the City would undertake. The process of finalizing a map such as this is a lengthy one. There are a variety of steps, conditions of approval, and actions that the property owner who is subdividing the property must take after the City Council has approved the Tentative Map prior to bringing the matter back for City Council approval of the Final Map. It is typically many, many months before that action takes place. It is in the hands of the subdividers more so than it is in the hands of the City and there is a long period of time during which the applicant and The Country Estates could be conversing. The Country Estates approval or disapproval is not a pre-curser to finalization of the map after the City Council has approved the Tentative Map. C/Everett asked who was responsible for the recordation. CA/Jenkins responded that this is a Tentative Map so it cannot be recorded until it comes back to the City Council. It will not come back to the City for typically a minimum of six months or more. There is nothing the Council is doing tonight that is capable of being recorded. When it comes back for Final Map, the City Council's duty is ministerial at that point and as long as the conditions of the Tentative Map are satisfied the City Council will have to approve it. Nonetheless, it gives the parties ample time to discuss and work out the issue at the HOA level. Hypothetically speaking, if The Country Estates Homeowners Association Board were to deny the subdivision, it does not have any effect on the Council's obligation to approve a Final Map. The issue as to whether or not this property owner has the right to subdivide is really between the property owner and the HOA. The City is not in the middle because what is being enforced is a private contract. In answer to C/Everett's specific question, nothing will be recorded for at least six months or so. C/Herrera asked what the conditions of approval are and do they need to be listed. CA/Jenkins stated that the conditions of approval are stated at the back of the resolution contained in the form "Standard Conditions." All of the JUNE 21, 2011 PAGE 11 CITY COUNCIL conditions are listed and categorized in bold face headings. MPT/Chang moved, C/Herrera seconded, to adopt Resolution 2011-28: Approving Tentative Parcel Map No. 71362 for subdivision of an existing vacant 3.07 acre lot into two lots for the development of a single-family residence on each lot located at 2127 Derringer Lane (APN 8713-034- 030). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 a) ADOPT RESOLUTION NO. 2011-29; ORDERING, THE DETACHMENT OF SPECIFIED PORTIONS OF THE PULTE TRACT ("DIAMOND HILLS") PARCELS FROM LANDSCAPE ASSESSMENT DISTRICT NO. 39. PWD/Liu stated that in 1998 the City Council approved Vesting Tentative Tract Map 92267 later known as the Pulte Tract or Pulte Homes off of Diamond Bar Boulevard. Included in the Resolution of Approval was a condition that called for removal of certain portions of the Pulte Tract found to be within No. 39, a condition that the Homeowners Association would be responsible for their own private property. He showed a map of the existing Landscape District with northerly and southerly boundaries (shaded areas) of District No. 39 that are being detached from the Landscape District. Although these 73 parcels have resided within the boundaries of District No. 39, they have never been assessed and have been treated as if they were outside of the Landscape Assessment District. Staff recommended approval of this housekeeping measure. M/Tye opened the Public Hearing. With no one present who wished to speak on this item, M/Tye closed the Public Hearing. C/Herrera moved, C/Everett seconded, to Adopt Resolution No. 2011-29 with the finding that there were no protests filed to the detachment proceeding. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JUNE 21, 2011 PAGE 12 CITY COUNCIL b) ADOPT RESOLUTION NO. 2011-30: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2011-12. c) ADOPT RESOLUTION NO. 2011-31: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FISCAL YEAR 2011-12. d) ADOPT RESOLUTION NO. 2011-32: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR FISCAL YEAR 2011-12. CM/DeStefano stated that this is the annual hearing for the assessment within each of the three Lighting and Landscaping Assessment Districts (38, 39 and 41) and there are no changes proposed from last year's assessment amounts. PWD/Liu reported that for District No. 38 the levy rate of $15 per parcel will generate $267,705 in assessment revenue. For Fiscal Year 2011-12 the total annual budget is $269,847. As a result, $2,142 of the City's General Fund will subsidize the operation and maintenance costs in District No. 38. The landscaping improvements to be maintained by District No. 38 generally are the parkways and medians throughout the City reflecting a total maintenance area of 10.3 plus acres. The estimated number of parcels within the District is 17,847. PWD/Liu reported that for District No. 39 the levy rate of $130 per parcel will generate $162,630 in assessment revenue. For Fiscal Year 2011-12 the total annual budget is $220,332. As a result, $57,702 of the City's General Fund will subsidize the operation and maintenance costs in District No. 39. The landscaping improvements to be maintained by District No. 39 are the mini-parks, slopes and open space areas with an estimated 1,251 number of parcels within the District. PWD/Liu reported that for District No. 41 the levy rate of $220.50 per parcel will generate $122,157 in assessment revenue. For Fiscal Year 2011-12 the total annual budget is $156,930. For this particular district, in addition to the General Fund subsidy amount of $14,773 and additional $20,000 of Prop A Funds will be added to the subsidy. The landscaping improvements are generally the slopes and open space within the area reflecting a total maintenance area of 15 plus acres. The estimated number of parcels within the District is 554. Staff recommends that the assessment amounts heretofore mentioned be confirmed and that the Resolutions levying assessments for Fiscal Year 2011-12 be adopted by the City Council. PWD/Liu noted that the General Fund subsidy amounts are consistent with the approved budget. JUNE 21, 2011 PAGE 13 CITY COUNCIL M/Tye opened the Public Hearing. With no one present who wished to speak on these items, M/Tye closed the Public Hearing. C/Herrera moved, C/Tanaka seconded, to approve Resolution No's 2011- 30, 2011-31 011-30, 2011-31 and 2011-32. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.3 APPROVE FOR FIRST READING ORDINANCE NO. 04(2011): RECOVERY OF ATTORNEY'S FEES IN NUISANCE ABATEMENT PROCEEDINGS AND AMENDING DIAMOND BAR MUNICIPAL CODE. MA/Santos stated that before the City Council tonight is a proposed Development Code amendment that would allow for the recovery of attorney's fees in nuisance abatement proceedings. The City's Neighborhood Improvement Division provides excellent work within the community in response to resident's complaints. In certain circumstances unresolved cases may trigger additional work that involves the City Prosecutor in the drafting of notices, Orders to Abate and additional procedures often requiring staff to work with the Prosecutor to accomplish these procedures in order to go to Court to get an Abatement Warrant allowing staff to go onto the physical property and abate the nuisance. Two such cases were brought to the City Council in 2010 wherein staff sought the recovery of nuisance abatement costs that were strictly limited to administrative costs and did not include attorney's fees because such fees were not expressly permitted. The proposed amendment is within Title XXII and would allow for recovery of attorney's fees in addition to administrative costs. Additionally, it would ensure that abatement proceedings would not impact the City's General Fund. Code §22.78.060 would be changed to "include but not be limited to City Staff costs, attorney's fees, extra fees and court costs." Code § 22.78.070 would be changed to allow for "attorney's expert time shall be based on hourly rates paid by the City for those services". On May 10, 2011 the Planning Commission reviewed this matter and adopted Resolution 2011-15 recommending adoption by the City Council of the proposed ordinance. M/Tye opened the Public Hearing. With no one present who wished to speak on this item, M/Tye closed the Public Hearing. JUNE 21, 2011 PAGE 14 CITY COUNCIL C/Evereft moved, C/Herrera seconded to approve Ordinance No. 2011-04 for First Reading. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M[Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka reported on his attendance at the Tiny Tots graduation, the American Cancer Society's D.B. Relay for Life during which he participated with the Lions and Leos teams; the D.B. Seniors Father's Day Luncheon; Golden Jubilee Mass and Dinner Reception for Monsignor Loughnane upon his 50th year anniversa in the priesthood at St. Denis Church and Armstrong Elementary School's Ft Grade Promotion. He requested an update on the Washington Mini-Park project for the next City Council meeting and wished his wife Wanda a Happy Birthday. C/Herrera thanked the wonderful firefighters for their quick action in putting out the fire on the hillside across from Chuck E. Cheese and saving a number of homes in the area. She reminded residents that the weather is starting to get hotter, the hillsides are very, very dry and she cautioned everyone to be very careful. There have been some serious fires surrounding D.B. in recent years. She spoke at the Congressional Redistricting meeting last Friday. She started by thanking the redistricting commissioners for the outstanding job they did in drawing the boundary lines for the D.B. Senate and Assembly Districts. D.B. spends a lot of time working with surrounding cities and across county boundaries. Sometimes commissioners think about connecting cities within a county but because D.B. is at the juncture of the SR57/60 and is at the four corners, area the City has major transportation issues that involve Chino Hills, Brea, Yorba Linda, Hacienda Heights and Rowland Heights so she urged the commissioners to apply the same formula for the congressional district which they had first drawn stretching out 45 miles from D.B. to Pasadena. She emphasized that that was not beneficial for D.B. and that D.B. would oppose that boundary. Surprisingly, there were numerous cities that surround Pasadena that were also unhappy about being included in the district with D.B. So it is her hope that the commissioners will redraw the boundary and cross county boundary lines as they did with the assembly and senate districts. She too congratulated Monsignor Loughnane. She was very proud to present him with a Certificate of Congratulations from the City of D.B. along with C/Tanaka. She thanked Monsignor for regularly attending the D.B. City Council meetings to provide the invocation. C/Evereft thanked the residents who attended and participated in tonight's meeting and especially thanked staff for their preparation and presentations on JUNE 21, 2011 PAGE 15 CITY COUNCIL tonight's hearing items and members of the public who spoke on those items. He spoke about his attendance at the DRHS Graduation ceremonies at the Fairplex and congratulated the graduates. New LA County Fire Chief Daryl Osby said he would be visiting D.B. soon. MPT/Chang reminded residents that they can follow her on Facebook and Twitter. She went to Donuts for Dad at Golden Springs Elementary School; the Heritage Park/Pantera Park Tiny Tots graduation; Relay for Life; ALADS Awards Banquet; and the D.B. Women's Club Scholarship Luncheon. She attended the League Policy Committee meeting in Sacramento on Friday. She serves on the Revenue and Taxation Policy Committee which reviews the City Manager's Department's Draft Pension Reform Action Plan. She also attended the Redistricting Commission meeting in Fullerton and spoke regarding the congressional districts as well as the assembly and senate. She understands that there will be some change to the first draft of the senate district that was proposed. M/Tye thanked staff for their thorough, understandable and helpful reports. He hoped everyone would join in the 4th of July Blasts at DBHS. He thanked Anthony with the AQMD who filled in for Paul Wright whose son is graduating from Laguna Hills High School this evening. Best wishes to Paul and his son Douglas. ADJOURNMENT: With no further business to conduct, M/Tye recessed the Regular City Council meeting at 7:58 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2011. STEVE TYE, MAYOR Agenda No. 6 . 2 (a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 10, 2011 CALL TO ORDER: Chairman Shah called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Lee led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioner Jimmy Lin,Vice Chairman Kwang Ho Lee and Chairman Jack Shah. Absent: Commissioners Steve Nelson, Tony Torng Also present: Greg Gubman, Community Development Director; Brad Wohlenberg; Assistant City Attorney; Grace Lee, Senior Planner; David Alvarez, Assistant Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 26, 2011. VC/Lee moved, C/Lin seconded, to approve the April 26, 2011, Regular Meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin., VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Torng 5. OLD BUSINESS: None MAY 10; 2011 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: 6.1 Review of Fiscal Year 2011-2012 Capital Improvement Program (CIP)— Conformity with the City's General Plan. SP/Lee presented staffs report and recommended Planning Commission adoption of a resolution finding the proposed Fiscal Year 2011-2012 Capital Improvement Program in conformance with the City's General Plan. C/Lin asked if there was an increase or decrease over last year's budget and SP/Lee responded that there was a decrease. There was no one present who wished to speak on this item. C/Lin moved, VC/Lee seconded to adopt a resolution finding the proposed Fiscal year 2011-2012 Capital Improvement Program in conformance with the City's General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Torng 6.2 Review of Draft Parks and Recreation Master Plan 2011 — Conformity with the City's General Plan. SP/Lee presented staffs report and recommended Planning Commission adoption of a resolution finding the Draft Parks and Recreation Master Plan 2011 in conformance with the City's General Plan. C/Lin expressed that this was'a very well-prepared document. He asked why the projections for 2010 show a population of 55,000 when the City's population is 59,000. CDD/Gubman said he appreciated that C/Lin pointed this out and would have the discrepancy corrected and include an errata in the final document for the correction. There was no one present who wished to speak on this item. VC/Lee moved, C/Lin seconded, to adopt a resolution finding the Draft Parks and Recreation Master Plan 2011 ,in conformance with the City's General Plan. Motion carried by the following Roll Call vote: MAY 10,'2011 PAGE 3 PLANNING COMMISSION AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Torng 7 CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. PL 2010-355—Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested approval to remove an existing Edison streetlight pole located -on Diamond Bar Boulevard's public right-of-way, north Tin Drive and replace it with a similar light pole equipped with cellular telecommunications antennas and associated ground-mounted equipment (Continued from April 26, 2011) PROJECT ADDRESS: Public Rights-of-Way on Diamond Bar Boulevard and 760 S. Diamond Bar Boulevard PROPERTY OWNER: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 APPLICANT: Sequoia Deployment Services On behalf of T-Mobile Monica Moretta One Venture, Suite 200 Irvine, CA 92616 AP/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. PL2010-355, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lin commended T-Mobile for taking extra steps to enhance the aesthetics and the quality of life in Diamond Bar. Monica Moretta, applicant, concurs with the conditions of approval as amended with the proper screening. C/Lin asked if the City would maintain the shrubs and Ms. Moretta responded that T-Mobile was responsible for the maintenance. Chair/Shah asked if T-Mobile was responsible for paying the water bill on a regular basis and Ms. Moretta responded affirmatively and that is why MAY 10, 2011 PAGE 4 PLANNING COMMISSION l Walnut Valley Water District is installing a separate meter. VC/Lin asked if T-Mobile would visit the site on. a regular basis to make certain the maintenance was taken care of and Ms. Moretta responded that typically, T-Mobile will visit the site on a monthly basis for maintenance of the facility and issues having to do with maintenance of the facility and the site. VC/Lee moved, C/Lin seconded, to approve Conditional Use Permit No. PL 2010-355, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Torng 7.2 Conditional Use Permit No. PL 2011-058-Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant Manikku Malraj and property owner Ronald E. Albrecht, requested approval to operate a 3,835 square foot. tutoring center. The proposed hours of operation are from 8:00 a.m. to 6:00. p.m. Monday through Friday. The lot is zoned Light Industrial (1) with a consistent underlying General Plan land use designation of Light Industrial. PROJECT ADDRESS: 782-784 Pinefalls Avenue Diamond Bar, CA 91765 PROPERTY OWNER: Ronald E. Albrecht Sterling Capital, Inc. 8502 E. Chapman #184 Orange, CA 92369 APPLICANT: Manikku Malraj Ranmal Educational Services 801 Brea Canyon Road Diamond bar, CA 91789 AP/Alvarez presented staff's report and recommended that the Planning Commission continue the matter to May 24 to allow staff to prepare a resolution of denial of Conditional Use Permit No. PL 2011-058. VC/Lee asked if staff had any possible resolution they could propose for allowing this use. AP/Alvarez stated that the basis for denial was that the site would support only 20 parking spaces during business peak hours and i MAY 10, 2011 PAGE 5 PLANNING COMMISSION the use requires 25 parking spaces per the Development Code. VC/Lee asked if staff had any communication with the applicant about this matter and offered the applicant to provide a different number for each session. AP/Alvarez responded that the applicant was contacted and wants to pursue the 30-student maximum limit—three sessions with 10 students per session with a maximum of 30-students during each block. VC/Lee said then there was no agreement of compromise and AP/Alvarez responded "no." CDD/Gubman stated that staffs support for this project is based on the availability of parking' and staff finds nothing objectionableabout the use except now that the proposed number of students will generate a parking demand that exceeds what the site is capable of accommodating, a compromise is to reduce the enrollment so that the parking demand can be fulfilled by the 17 available spaces to handle the pickup and drop off between sessions. The compromise in order for staff to recommend approval would require a drop in the proposed enrollment. Ron Albrecht, building owner, said that the parking demand was not understated by the applicant. In fact, he and the applicant pointed out the misunderstanding at the last meeting. He does not know how that number made it into the document but he was quick to point out the error at the last meeting. Based on the application, the applicant*was offered a permit and certainly he wants to be in compliance. As the owner of the building, he is very concerned about liability and he and the applicant were very quick to point out that staffs report.was not correct. It was not an understatement of the facts, it was an error in the report. Secondly,when the parking study was conducted and in one slot there were 10 cars out of a one week period and most of the time there were seven or fewer cars in the parking lot when the study was done. It is possible that someone across the street used the parking on his side one day. The parking space calculation required is not accurate. The requirement is, as he understands it,for every 200 square feet the building is required to have a parking spot. The building has 3,800 square feet which equates to the need for 19 parking spots and 3 for the instructors because there is never more than 3 instructors in the building at any given time -19 and 3 is 22. The available parking is 30. There are 9 spaces allocated — 2 for one unit, 2 for another unit, and 5-for a third unit, which leaves 21 available'parking spots and according to the code they need 22 so according to the code there is a I parking spot deficit. Mr.Albrecht read from a prepared statement. At the previous meeting there was a mistaken belief that 30 students are picked up and dropped off every 90 minutes. This is absolutely not the case and is totally inaccurate. This would require a student body of 30 students multiplied by six sessions per day which would be a 180 person student body. There is not, nor will there MAY 10, 2011 PAGE 6 PLANNING COMMISSION ever be, a student body of this size. Most students take multiple sessions so the actual turnover, pickup and drop off of students, is zero to five between sessions, far less turnover than two similar businesses that are currently operating across the street in the same business park. The code, as he understands, does not define or specify how many cars can drop off or pickup. However, the number needed is minimal and far less than the 21 spaces that are available. He knows this to be a fact. About 16 months ago Raj opened this business and operated it for nine months. At that time, Raj went to the City's Planning Department on several occasions and was told that they could occupy the premises. As the owner of the building, he is very concerned about litigation and protecting his assets in this litigious state. When Raj assured him that he had gone in to the Planning Department several times and could open his business they (building owner and applicant) signed the lease and Raj occupied the building. As it turned out, there was an error, a misunderstanding by the person or.persons at the Building Department who gave the go ahead.' During the nine months the applicant occupied the building there was absolutely no parking stress and in fact, there was abundant parking and plenty of open spaces during the nine month period when he visited the building several times a week. On those many occasions when he went to the site to use his warehouse space, he never witnessed a full parking lot nor even close to a full parking lot, nor did he receive any complaints from any existing tenants. Perhaps the Planning Commission could define the parking allowed and we could seek compromises with the number of students in the student body. Dellos Dance in the same size building across the street (3800 square feet) has 150 students in their student body. The Music Store at 1900 square feet (one half the size)wrote on their application for permit that they had 155 students. Again, the concern is parking for pickup and drop off. As previously stated, most students take multiple sessions so pickup and drop off is minimal. Perhaps the City could issue the permit with not 150 or 155 student body like the two neighbors, but as discussed with the applicant, an accepted limit of 45-60 total'students in the total student body, thus limiting the number of drop off and pickup between sessions to the number that could possibly be j required. Also, if there is a parking issue, the City could revoke the permit because he and the applicant know it will not be an issue. As the owner of the building he does not want to rent.to a business that would,cause him to lose his other tenants or to not be able to rent out the remaining unit because of stress on the parking. He is positive that this tenant will not put stress on the parking. The country is in a very difficult recession and this building has sat empty for most of the last three years. There is no parking problem. There are similar businesses across the street requiring more parking and one was recently approved for a permit. Since there will be no stress on the parking he and the applicant are asking the Commission and the City to help MAY 10, 2011 PAGE 7 PLANNING COMMISSION those in the private sector put tenants in this building, create jobs and allow this business to operate. Manikku Malraj said he never-intended to misrepresent his business to the City or the Planning Department. He was very up front and very clear about his intentions. He has a business about 150 yards away that is a pre-school and his intention was to provide further education to the children who leave the pre-school after graduation after kindergarten, to elementary, to the 5th grade. There are so many parents who come to them. All students are not the same. There are some students who have learning difficulties which is the reason for providing this service. This is a family owned business and, the family is involved in the day today operation. He is only concerned with helping the children and does not want that to be in jeopardy in any fashion. So please consider the proposal and we will be thankful to the Commission and the City. Chair/Shah asked for clarification about Mr. Malraj having gone to the City's Building Department where someone told him it was okay to continue with the business. Mr. Malraj said the understanding was that they were expanding the existing business as repeated to him by the staff member and as such, he did not have to go for a Conditional Use Permit. He said because we are "expanding the current business." That was his understanding. However,for some reason,that was apparently incorrect and we were requested to get out and we did so. As a result, three teachers lost their jobs and several children had to be relocated to other schools and he lost business. Mr.Albrecht said he wanted to point out that the existing business is 151 feet from his building. At this location there are-two businesses across the street in the identical park with the identical building—Dellos Dance which caters to children and within 200 feet, the Music Store which also caters to children. Raj's business is 151 feet away'and as he previously stated that as he had discussed with Raj he was sure that he could occupy this business site. He wants to be in compliance as he has been since he has been in Diamond Bar for over 20 years and Raj pointed out, there is a register at the Building Department where he ,signed in when he was at the City discussing this matter with the Building Department. Chair/Shah said he understood that students could go from one class to another but there could be 30 new students in each class. Mr. Malraj said that it would not happen like that. The reason he is saying multiple sessions is so that the parents have an opportunity to register their kids in multiple sessions for a discount. If there are only five students he loses on the MAY 10, 2011 PAGE 8 PLANNING COMMISSION business. So to encourage the parents to enroll their kids in multiple sessions I gave them a discounted rate. And he guarantees that the maximum number of students will be 30 and he will not go beyond that. Chair/Shah asked if Mr.Albrecht was stating that the businesses across the street were not in compliance with the parking regulations and Mr. Albrecht said he was not suggesting that. What he was saying is that they were granted a CUP and they state in their application that they have 155 students and they are in a building half the size Raj is occupying. And it looks like the demands for that busine6s-model would require more drop off and pickup than Raj's business model. So Mr. Albrecht actually has more parking available than the business across the street because he has a 3800 square foot building and more available parking but yet the demand for Raj's business model is far less than the business model across the street which was approved by the City. Chair/Shah understands Rajs desire to teach the children is a very noble idea. He asked if Mr. Malraj had considered any alternative to looking at what the Planning Department is facing with respect to what they have described as the parking problem and wondered if there could be a solution. Mr. Malraj said he received staff's report a couple of days ago and it never happens that 30 student drop in and then 30 students leave which is how staff has written the report and that is completely wrong. What he is saying is that any one time there will be a maximum of 30 students taking advantage of multiple sessions and there may be 2 or 5 come in and he has only 12 students at this time and there would always be a maximum of 30 students. Because the students are getting a discount for multiple sessions there will be very minimal drop off and pickup between the sessions. Chair/Shah asked Mr. Malraj if he had discussed with staff what he is describing today. He said he discussed this with staff over the phone. He did not go-to the City because to be honest, he was very unhappy. He works in another county and he is very sad about the way these reports have been written. Mr. Albrecht again offered his compromise that if the City and Commission defined the number of students it would assure that there would never be 30 students being dropped off and picked up at one time. Across the street the student body is 150 and 155. If you define Rajs student body at 60 or 45 then as Raj has explained his business model to me it is his goal to get the parents to sign up for as many classes a's possible so that his revenue is stable, he does not have to recruit as many parents and it does not stress to the parking which makes Raj a good applicant for him (Mr. Albrecht) for this building. He has other tenants and he has a vacant unit and he does not MAY 10, 2011 PAGE 9 PLANNING COMMISSION want stress on the parking. So the idea of perhaps limiting the size of the student to far less than they have across the street would assure the City that mathematically it. would be impossible to drop off andpick up 30 students if he has limited students. So if the student body is 60 or 45 it forced Mr. MalrajI to sell more sessions to each student which eliminates any stress on the parking. . C/Lin reminded the applicant that the reason the applicant is before the Planning Commission is because the owner's building is not intended to be used for children's services. If this application were within the allowable land use the applicant would not be before the Commission today. If someone wanted to use this location as a warehouse, the applicant and property owner would not,be here. The only reason is that the property is not intended to be used for children's services and those parking spaces that such a use requires are based on the building owner's permitted land use. A tutoring facility is an unusual use and the Commission has to rely on their experts to tell the Commission that based on the City's* experience with tutoring facilities what kind of parking and traffic problems a certain location might be facing. The Commission relies on staff to tell the Commission that a particular use — in this case a tutoring facility, may not work. If the applicant could guarantee there would never be 30 students coming and going, even with 30 cars there would be congestion. Mr.Albrecht said that if there were a maximum student body if during the course of the day Raj might get to 30 students in a class but it does not me8in,that when that session ends there are 30 students coming or going. They are gradually being added and picked up during the day. That is why he suggested that if there were a limit on the student body it would certainly determine that there would not be a lot of coming and going of cars.. And with respect to the comment about this kind of business, there is a music store and a dance facility directly across the street in an identical building. A dance class is 20 students or more and the music store's application is that the parents actually stay during the class and it is required parking. The parents stay outside while the music lesson is given. That is not what Raj is asking. The parents will drop the kids off, sign the kids i*n to class and they will I'eave in their vehicle. And it will not happen multiple times per day because of the student body limitation. So this business actually has's less required parking and needed parking than the existing music store and dance studio which are permitted through the CUP process. C/Lin asked Mr. Albrecht if parking was permitted on both sides of Pinefalls and Mr. Albrecht said yes, but the building is on a cul-de-sac and during that nine month period he would never foresee there would ever be.a need to' MAY 10, 2011 PAGE 10 PLANNING COMMISSION park on the street. PT/Alvarez responded to C/Lin that there is street parking available on the cul-de-sac. VC/Lee said he believes the building owner has credibility, has studied the issue and knows his building. He thinks the parking study is a purely calculated estimation. He understands that the parking study should be used as a reference and based on the study staff determines how many parking spaces are available. Based on the study, how many spaces are available? CDD/Gubman stated that the property owner and the applicant raised some points that maybe staff needs,to communicate more and staff will meet with the applicant and the property owner at City Hall to establish a better dialogue and not seem to have these disconnects where the areas of tension come to surface during the Commission meeting or there are some nuances that were not understood on staffs part before and perhaps there is a solution wherein if the entire student body enrollment is capped,then clearly, there will b'e some spread of parking demand that will.,be less intensive than what staff considered because yes, based on staffs understanding and a careful review of the business plan that was presented to the City, there would be a potential student body of-180 or so. Perhaps at this point the Commission should.continue the matter to May 24 to allow staff to meet with the applicant and get the specifications,for the number of students, what the actual scenario would be throughout the day and perhaps there is a solution that would enable staff to come forward with a recommendation for approval. He is hearing comments from the applicant and the owner that he does not believe were communicated to staff or perhaps staff did not have enough base information to ask the right questions to get to some of-the answers staff is getting closer to this evening. He believes something can be worked out but to do so staff, the applicant, and business owner need to have that dialogue to make sure that all parties are on the same page and then staff can present the Commission with a resolution where it is negotiated between the applicant and the City to where it makes sense intuitively and analytically City so that there is no problem. Chair/Shah asked CDD/Gubman to consider giving the applicant a trial for a few months to make sure the borderline intent is to get the space*rented and get the children educated so that it becomes a win-win situation. C/Lin asked if the applicant has a permit and has been operating the business for nine months. SP/Lee explained that Mr. Malraj does not have a permit. When staff discovered that he was occupying the space it was via a phone call from the LA County Fire Department informing the City that there was a business operating at this location. When staff went out to do a site inspection staff realized that there was a tutoring business at the site. Staff MAY 10, 2011 PAGE 11 PLANNING COMMISSION then notified the applicant that he is not allowed to occupy the space without a business license and further informed the applicant that in order to occupy the space it would require a C'onditional Use Permit for this particular location. Staff gave them a.week or two weeks to vacate the space. The applicant did vacate the spa i ce and staff verified that vacation. She spoke with the property owner this morning and he indicated to her that this business had been operating at that location for about nine or 10 months. S 'ff was not aware that the business was operating at this location and the Staff business did not have permits to conduct business. Mr. Albrecht said that he and Mr. Malraj have been in Diamond B-ar for quite a while and he wanted to assure the Commission that there was nothing underhanded on their part. He has owned this building for a lot of years. We are dealing with children thatlive in California. After Raj moved in, he signed a lease and Raj put flooring in and painted. We know that if we did not feel comfortable that Raj had been in compliance, all of that would not have happened. One does not sneak into a building and believe that someday you won't be found out. He wants to make it very clear that there was some misunderstanding because he would never have allowed Raj in the building and Raj would never have spent the money to do the fix up. C/Lin said he understood but unfortunately, the City has to deal within the law. In terms of.the parking. demand, if you consult with the Institute of Traffic Engineers the parking manual provides clear guidelines for centers on a per-student basis. If there is an undisputable number to discuss for the document that Mr. Albrecht alludes to, he is sure that PWD/Liu would guide staff through that manual. CDD/Gubman said the City purchased the 8th edition of that manual and he made sure that his department had the latest edition about a year and one-half ago. Chair/Shah opened the public hearing. There was no one present Who wished to speak on this item. Chair/Shah closed the public.hearing. VC/Lee moved, C/Lin seconded, to' continue Conditional Use Permit No. PL2011-058 to May 24, 2011. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Torng MAY 10, 2011 PAGE 12 PLANNING COMMISSION I 8. PUBLIC HEARING(S): 8.1 Development Review and Minor Conditional Use Permit No PL2011-67- Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant, Danny Tseng, and property owners Zhi Zhuang Liu and Meng Zhu requested approval for a 1428 square foot addition to an existing 4,080 square foot single family residence on a 0.69 net acre (30,060 square foot) lot. Minor Conditional Use Permit is requested to allow the continuation of an existing non-conforming 15' 10"front yard setback (30 feet is required). The lot is zoned Rural Residential (RR)with a consistent underlying General Plan land use designation of Rural Residential. " PROJECT ADDRESS: 2160 Indian Creek Diamond Bar, CA 91765 PROPERTY OWNER: Zhi Zhuang Liu and Meng Zhu 2033 Quail Run Drive Diamond Bar, CA 91789 APPLICANT: Danny Tseng 460 Castlehill Drive Walnut, CA 91789 AP/Alvarez presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2011-67, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lin said it looks like a nice project. Wherever there is a non-conforming setback and the owner decides he wants a major renovation, does the City Code require them to comply with the setback requirement at that time. AP/Alvarez responded that when an applicant proposes an application and they have existing non-conforming setbacks staff does not allow them to further encroach into those non-conforming setbacks so they are required to maintain the non-conforming setback. Staff requires conformance if it is a new single family home. In this case, if the applicant were to tear down the existing structure to build a new structure staff would require that the proposed project meet all development standards. I Danny Tseng, applicant, speaking on behalf of the property owner, said they were present to answer Commissioners questions. MAY 10, 2011 PAGE 13 PLANNING COMMISSION Chair/Shah opened the public hearing. With no one present who wished to speak on this matter, Chair/Shah closed the public hearing. C/Lin moved,VC/Lee seconded to approve Development Review and Minor Conditional Use Permit No. PL2011-67, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Torng 8.2 Development Review and Minor Conditional Use Permit No. PL2010-325 Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant requested approval for a 494 square foot second floor addition to the front of the residence, and a Minor Conditional Use Permit for the continuation of a non-conforming front yard setback of 13' 6" (20 feet is required). The property is zoned Low -Density Residential (RL) with a consistent underlying General Plan -land use designation of Low Density Residential. PROJECT ADDRESS: 23959 Cougas Creek Road Diamond Bar, CA 91765 PROPERTY OWNER/ Jorge and Martha Diaz APPLICANT: 23959 Cougas Creek Road Diamond Bar, CA 91765 PT/Tobon presented staff's report and recommended that the Planning Commission direct the applicant to submit revised architectural elevations to address the design issues outlined in staffs report and continue the matter to May 24, 2011.- VC/Lee asked why staff is recommending this matter be 'continued and PT/Tobon responded that the reason for requesting a continuation is to allow the applicant and property owner time to discuss revisions to the proposed project to minimize the massing and conform to the streetscape due to its close proximity to the street. She provided drawings for the applicant to consider incorporating into the design. MAY 10, 2011 PAGE 14 PLANNING COMMISSION VC/Lee asked if the Commission could approve the project and the applicant could submit revised plans later. Is that really a big matter to staff? CDD/Gubman responded to the Commission that VC/Lee's suggestion is another option. The Planning Commission could approve it with a condition that the front elevation be modified at plan check subject to staff's approval. That would be a judgment call for the Commission because that potentially places the applicant under the discretion of what CDD/Gubman would deem to be appropriate and whether or not the applicant would be able to get a building permit or not, so what staff is suggesting is to provide a more transparent process for the Commission to decide whether it is appropriate or not and that is why staff recommends the plans be revised and brought back to the Commission for approval as 'opposed to approving with a condition for CDD/Gubman's judgment call. C/Lin asked if with respect to the suggested elevation the existing garage door was in line with the existing front line of the house. PT/Tobon responded that the suggested elevation shows a section that is popped out farther than the garage but the area is not floor area, it is just an architectural projection. CDD/Gubman stated that the small gable area'is pushed out 10 inches forward. C/Lin said so in other words, the existing house is already not in compliance with the setback and the applicant is pushing it 10 inches further toward the street. CDD/Gubman said yes, C/Lin was correct. And what the Commission should understand is that there are allowances for architectural features to project into the setbacks. If this was not allowed and individuals wanted to build right up to the setback there would be no room for any kind of architectural treatment, not even a window sill and especially not even the roof eaves. And so by allowing these non-structural decorative projections into the setback it is an encouragement to allow them to build structurally right up to the setback line, but then still have the flexibility to add some ornamentation or some visual relief to enhance the building's appearance. C/Lin said that the applicant's proposal looks very similar to the house to the north (of the proposed project) in terms of appearance. That residence also has a flat wall. Chair/Shah said he agreed with VC/Lin and saw no reason not to approve this project looking at the other two neighboring houses. He understands staffs concern about the massing but in his opinion, it is pretty close to the neighbors' houses. Jorge Diaz explained that the changes proposed by staff do not have the same style as the present home. The right side is like a ranch style home with the brick fagade and the new proposed protrusion or furred wall looks more like the tract homes that are in. Fontana and other places. It is too MAY 10-, 2011 PAGE 15 PLANNING COMMISSION modern and does not look like his home and his neighborhood. His home looks like it belongs in his neighborhood. Unfortunately, they outgrew their home and they want to add on while keeping the same feel. Th'e applicant had photos of other homes in the neighborhood and referred to those photos as he was speaking. Staffs proposal does not show the true feeling of what his home is. His proposal looks better and the brick shows better than in the drawing and does not look as "cold." Staffs proposed change just does not blend in with the feel of their home. He found one home that had the type of construction proposed-by staff (picture #10). The picture is of a residence about -one block away from their home and the architecture is completely different than their-home and, it is the only home in the neighborhood that has that type of protrusion. In his opinion, it does little to affect the massive look of the home to the street. And, if he has to comply with staff's proposal it may change the entire look of the interior with one window having a deeper opening than the other window because that wall is bigger. Also, it protrudes out 10 inches but also the roof gables stick out even more beyond the setback and his original intention was to have the addition protrude 24 inches but that was not allowed because of the setback. But this is definitely encroaching into the setback. Also, there is additional cost for something they really do not like and it will be a burden and something they come home to everyday and do not really like at the completion of the project. He asked the Commission to approve the project as proposed.. ' He showed photographs of additional homes in his neighborhood with similar construction. Martha Diaz said she likes the project as proposed by their architect. It took awhile to get it just the way they want it. She appreciates stafF$ hard work to propose the change but she does not like it and she does not want it and she does not want to pay for something she does not want. Please think about that and hopefully the Commission will approve their idea. Chair/Shah thanked the applicant and said he believed they had a really nice home. Chair/Shah opened the public hearing. With no one else present who wished to speak on this item, Chair/Shah closed the public hearing. VC/Lee said he believed it was a beautiful project and that the applicant was spending considerable money on a design'that is beautiful. He takes staff's recommendation as well. MAY 10, 2011 PAGE 16 PLANNING COMMISSION VC/Lee moved, C/Lin seconded,to approve Development Review and Minor Conditional Use Permit No. PL2010-325 as proposed by the applicant with staffs recommendation for the front elevation. Chair/Shah said he believed the applicant had provided the proper elevation and his recommendation would be to approve the project as proposed by the applicant without changes. VC/Lee said he liked it that way better than his motion. He amended his motion to approve Development Review and Minor Conditional Use Permit No. PL2010-325 as presented. C/Lin asked that the motion be amended to read "as submitted by the applicant." CDD/Gubman suggested that VC/Lee wanted the project approved "as submitted by the applicant." VC/Lee agreed and C/Lin seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None - ABSENT: COMMISSIONERS: Nelson, Torng 8.3 Development Code Amendment No. PL2011-146 —An Ordinance of the City of Diamond Bar regarding recovery of attorney fees in nuisance - abatement proceedings acid amending Diamond Bar Municipal Code Sections 22.78060(2)(b) and 22.78.070(1). The Ordinance serves to clarify existing provisions of the Diamond Bar Municipal Code relative to recovery of attorney's fees incurred in abatement of nuisances by clarifying that all references to legal "costs" were intended to and do include the City Attorney's fees. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar Community Development Department MAY 10, 2011 PAGE 17 PLANNING COMMISSION CDD/Gubman introduced MA/Santos and explained the proposed Development Code Amendment. CDD/Gubman recommended that the Planning Commission recommend City Council approval of Development Code Amendment No. PL2011-146. C/Lin asked what the City would do if all remedies had.been exhausted and the property owner refused to cooperate under the current code. Does the City put a lien against the property or what does the City do? CDD/Gubman said the City places a "special assessment" on the property. Itis not exactly a lien but it is an encumbrance on the property that shows up on their property tax bill so it becomes due the next,time their property tax has to be paid to the County Assessor. C/Lin asked if the revision would enable the City to then include attorney's fees into 'the special assessment and CDD/Gubman stated that C/Lin was exactly right. ACA/Wohlenberg further explained that this is only in relation to public nuisances and not any of the prosecutorial functions of the City Attorney's office or of the City Prosecutor. The reason for all of this is when the court sees the word "costs" that does not include attorney's fees. When there is an award made under a contract and the award states"payment of costs"the Court is talking about the costs related to the filing fees of the action, jury fees, etc., but does not include attorney's fees unless it specifically so states. In an attempt to clarify what we believe the code reads, we want to add the attorney's fees language to be explicit so that if a Court looks at that the Court has the option of awarding that. The judge is not bound by it either. He or she could decline to award those fees. Chair/Shah asked if, in the event of-defending the City there is a counter- claim by the property owner and there is a cost associated with defending the City, is the cost of defend'ing the City recoverable and is there something included which protects the City by not having to front the money for litigation? ACA/Wohlenberg said that if someone brought an additional action against the City in response to the City's efforts to.abate a public nuisance and there are. a variety of actions they could bring that under, in most cases, that money will not be recovered. If someone sought a writ or sought a civil rights violation the City Attorney would defend that litigation and the cost of doing so would generally be a cost to the City and not something that would be recovered from the Plaintiff. Generally, in those situations the City is stepping away from the nuisance abatement. At that point, when the City defends itself, unless there is an explicit provision in a contract or some statute that allows recovery of attorney's fees, there will be no recovery of attorney's fees. MAY 10, 2011 PAGE 18 PLANNING COMMISSION Chair/Shah opened the public hearing. With no one present who wished to speak on this matter, Chair/Shah closed the public hearing. ACA/Wohlenberg further explained that the City is. a member of the Joint Powers Insurance Authority. If there is a tort claim against the City often times those are subject to or handed over to.the JPIAfor the defense of that lawsuit. So the City's cost in that is essentially the cost of maintaining its version of insurance. C/Lin moved, VC/Lee seconded, to recommend City Council approval of Development Code Amendment No. PL2011-146. Motion-parried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Torng 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None Offered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman explained that tonight's agenda contained more items than any Planning Commission agenda since he came on board with the City. The items did not quite add up to one Site D but certainly required a lot of different and diverse material for the Commissioners to pass judgment on. Hopefully, the next meeting will even things out a little- bit for the Commission. In addition to the continuation of the tutoring center on Pinefalls where staff hopes to bring some closure to that matter, there is a two-lot subdivision on Derringer Lane. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. MAY 10, 2011 PAGE 19 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Shah adjourned the regular meeting at 9:01 p.m. The foregoing minutes are hereby approved this 24th day of May, 2011. Attest: Respectfully Submitted, Greg Gubma Community Development Director i Jack Shah, Chairman Agenda No. 6 . 2 (b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 24, 2011 CALL TO ORDER: Chairman Shah called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Jimmy Lin and Tony Torng, Vice Chairman Kwang Ho Lee and Chairman Jack Shah. Absent: Commissioner Steve Nelson was excused Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Stephen Rogers of Redlands, CA, said upon submission of a public records request to the City Clerk, he was informed that the following businesses located within the city limits of Diamond Bar had not applied for nor obtained approval from the City to conduct business operations: ARC Engineering, 22900 Estoril Drive, #5; and LAE Associates, Inc., 20709 Golden Springs Drive, Suite 104. He requested to meet with the City Manager's office regarding public contracting practice involving public officials abusing their authority and/or receiving financial benefit due to improper influence being exerted over private consultants thereby misusing their official capacity with the City of Diamond Bar 'and/or the Four Corners Transportation Coalition. Commissioner Lin asked if questions and comments were appropriate. - - CDD/Gubman-responded that the issues-raised-by-the-speaker do not pertain to the -- business that the Planning.Commission is charged with conducting. The charge for .the Commission as a body is to make land use decisions and recommendations, not to consider or debate issues of contracts or personnel matters. It is at the Commissions discretion whether it wishes to respond; however, this is not within the Commission's purview as a decision-making body to get into those issues. C/Lin asked if persons in private practice are required to get a business license from the City and CDD/Gubman responded yes, if their place of business is in the City. C/Lin asked if regardless of where a person lives they practice business in the City of Diamond Bar they have to get a business license from the City. CDD/Gubman MAY 24, 2011 PAGE 2 PLANNING COMMISSION responded "not necessarily." He said he would have to look into the code for the particulars. C/Linwas confused because he said the Commission was being asked to approve Use Permits and business licenses. CDD/Gubman responded that was not correct and business licenses was not within the Commission's purview. C/Lin said that the Commission was being asked to approve a special use permit and CDD/Gubman reiterated that the Commission was being asked to approve the"use" and not the business license. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 10, 2011. VC/Lee moved, C/Lin seconded, to approve the May 10, 2011, Regular Meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Torng . ABSENT: COMMISSIONERS: Nelson 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. PL 2011-058 — Under the authority of Development Code Section 22.58, the applicant Manikku Malra'and property owner Ronald E. Albrecht, requested app oval to.operate a 3;835 sq are fd6t tutoring center. The proposed hours of operation are from 8:00 a.m. to 6:00 p.m. Monday through Friday. The lot is zoned Light Industrial (1) with a consistent underlying General Plan land use designation of Light Industrial (Continued from May 10, 20 11) PROJECT ADDRESS: 782-784 Pinefalls Avenue Diamond Bar, CA 91765 MAY 24, 2011 PAGE 3 PLANNING COMMISSION PROPERTY OWNER: Ronald E. Albrecht Sterling Capital, Inc. 8502 E. Chapman #184 ,Orange, CA 92369 APPLICANT: Manikku Malraj Ranmal Educational Services 801 Brea Canyon Road Diamond bar, CA 91789 SP/Lee presented staff's report and recommended that the Planning Commission approve a 3,835 square foot tutoring center based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Lee asked about the number of students and SP/Lee responded the total enrollment would be 60 students with a maximum of 30-students for three classes. There are three classes per session and six sessions per day with a maximum of 10 students per class. The business* owner indicated he anticipates no more than 45 students per day but staff is recommending a maximum of for an additional 15 students. C/Torng felt that based on the chart, the hours should be longer. SP/Lee explained that the last class of the day would start at 5:00 1 p.m. and would end at 6:15 p.m. C/Torng thought the hours should be 8:00 a.m. start and 6:30 p.m. conclusion. C/Torng asked how staff would conduct its evaluation in six months. SP/Lee said that in six months, staff would go out to the site to see if any parking problems exist throughout certain periods of the day and meet with the applicant to determine whether there had been any complaints or problems. If there are significant traffic and/or parking problems, staff would most likely receive a call from someone reporting such a prokilem: Affer the follow up; staff would propare a memo explaining staffs- findings and possibly recommend that the Commission review the matter, if needed, to resolve any potential problems. C/Torng asked if staff would also be able to determine whether the 60 student maximum was met or exceeded. SP/Lee said she was not sure how that could be verified other than to ask the applicant. C/Lin asked if this would be a six month approval and SP/Lee said no, staff is recommending that this matter be approved today with a condition for a six month review to determine whether there is any traffic or parking problems that would need to be addressed. CDD/Gubman further explained that it is a MAY 24, 2011 PAGE 4 PLANNING COMMISSION . f bit speculative based on the best information gathered at this point and staff is recommending these conditions to ensure that the operation is not going to lead to any parking conflicts. Staff needs to see how it plays out and if in six months staff is able to conclude that things are operating smoothly and that the conditions do not need to be adjusted, staff's recommendation would likely be that no further follow up reviews are required after that first review period. However, if staff encounters some issues after six months, staff may need to recommend adjustment or refinement of conditions or enrollment or any of the other parameters. If adjustments are needed, it might be more prudent for staff to advise a subsequent three-month review, for example, to see how it works out. Ron Albrecht, property owner, and Manikku Malraj, applicant, thanked the Commission. SP/Lee was very helpful to come up with a plan that he accepted. He will not have more than 45 students because he wants to provide the students with the best possible study environment. In addition, he will provide the City with an enrollment list so that they can contact the parents, if necessary. He wants the City to trust him and he will not break 'that trust. Mr. Malraj and Mr. Albrecht will carefully monitor the situation to make certain that no one breaks the rules. Mr.Albrecht said he suggested to Mr. Malraj that if his enrollment were to approach 45 he would agree that he would inform the City. However, he is certain that he will keep the enrollment under 45 and sell multiple classes. C/Torng said he appreciated the applicant's cooperation with the City and hoped his business would prosper. If the applicant intends to keep enrollment to 45, can the Commission look at the enrollment to make sure the applicant has not exceeded the cap. Mr. Malraj said he would agree to that condition. C/Torng asked if Mr. Malraj believed the ending time should be 6:30 or 7:00 p.m. as a reasonable hour. Mr. Malraj said he is providing his liability carrier the same time the City gives him as his working hours and 6:30 p.rri: is satisfactory: Mr:'Albrecht saidthat as the property owner, he too is concerned about the parking and does not want.to create any,parking problems. Chair/Shah asked Mr. Malraj to comment further.on C/Torng's concerns about the end of class time and whether he would prefer to give himself a little extra time to vacate the premises such as 6:45 perhaps (Condition 4). CDD/Gubman recommended that Condition 4 refer to"class times"as being limited to 8:00 a.m. to 6:30 p.m. which would not restrain staff or custodial crew as to when they come and go. The limitations are based on parking. MAY 24, 2011 PAGE 5 PLANNING COMMISSION Mr. Malraj agreed. Chair/Shah asked if Mr. Malraj understood Condition 5 (six month review) and agreed with the condition and Mr. Malraj responded affirmatively. Chair/Shah opened the public hearing. There was no one present who wished to speak on this item. Chair/Shah closed the public hearing. VC/Lee asked who would check the enrollment and CDD/Gubman said that staff would most likely request a notarized affidavit to affirm the limits which is the only reasonable method to ensure compliance with the enrollment number. CDD/Gubman said he believes the applicant and business owner have demonstrated sufficient "good faith" that staff can accept an affidavit from them to affirm the numbers. If the parking demand patterns support that statement based on what staff observes in the field, the affidavit would be acceptable. C/Lin said the primary issue is with parking, and the number of students inside is somewhat irrelevant. C/Torng moved, C/Lin seconded, to approve Conditional Use Permit No. PL2011-058 as amended to change Condition 4 to show "class times (business hours)from 8:00 a.m. to 6:30 p.m. and amend Condition 5 to allow staff to review the enrollment for compliance. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 8. PUBLIC HEARING(S): 8.1 Tentative Parcel Map No. 71362 —The applicant requested approval of a Tentative Parcel Map to subdivide an existing vacant 133,697 square foot (3.07 acre) gross lot into two lots for the development of single family residences on each lot. Proposed Parcel 1 is 73,283 square feet (1.68 acres) and Parcel 2 is 60,414 square feet (1.34 acres). The property is zoned Rural Residential (RR)with a consistent underlying General Plan land use designation. MAY 24, 2011 PAGE 6 PLANNING COMMISSION PROJECT ADDRESS: 2127 Derringer Lane -Diamond-Bar, CA 91-765- PROPERTY OWNER: Sumermal Vardhan 320 Woodruff.Drive Walnut, CA 91789 APPLICANT: Tritech Associates, Inc. 135 N. San Gabriel Boulevard San Gabriel, CA 91775 SP/Lee presented staff's report and recommended Planning,Commission adoption of the revised resolution recommending the approval of Tentative Parcel Map No. 71362 to the. City Council .to allow a subdivision of an existing vacant lot into two separate lots, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Shah read into the record two letters/emails from neighbors in support of the project. C/Torng stated that based on the Tentative Parcel Map, there should not be any requests for variances. This is a 21 percent slope and he would not want the applicant to have a variance for the front yard or side yard setbacks. Is it possible to make a judgment call from this application? SP/Lee responded that as proposed, the project meets the development standards with respect to setbacks. Parcel 1 is currently in review for a Development Review application and.the project meets the front, side and rear setbacks. Based on the building pad for parcel 2, there was an additional submittal showing the building footprint and it also complies with the setback requirements. Neither property will be requesting a variance. C/Torng asked about the"fair market value"and SP/Lee responded that staff looked at the Washington.Street Park and came up with the assessed value of purchasing the land for the development of the Washington Street Park. C/Torng.said that property is not in "The Country Estates" and "The Country Estates" property is quite expensive isn't it and SP/Lee said that C/Torng was correct; however, for purposes of calculating parkland dedication staff looks. at the assessed valuation for park development..'' . MAY 24, 2011 PAGE 7 PLANNING COMMISSION C/Lin asked for the front width of Parcel 2'and SP/Lee responded 110 feet which is in conformance with the City's standards. C/Lin said he noticed two easements on Parcel 2, the one on the south side is a gas easement, but the Tentative Parcel Map shows the building pad constructed on top of the easement and asked if that was allowed. SP/Lee explained that the Tentative Map shows the building pad, not the building footprint and she believed the easements would be relocated according to the Department of Public Works approval. C/Lin said he did not believe there was any place for the easement to the north to be relocated because the driveway extends to the property line. SP/Lee responded that the condition from the Public Works Department is to show the dedication of these easements to the City and she believes that it is acceptable as presented by the Public Works Department. She referred C/Lin to the applicant. C/Lin said if this is a public easement he does not believe anything can be built on top of the easement. VC/Lee said there is no actual building plan and that issue can be addressed when a plan is presented. This is a review of the Tentative Map only at this time. CDD/Gubman said that C/Lin has pointed out that this map is too much information because the Commission is only considering the subdivision. The actual development plan suggested by the building footprint and retaining wall delineations are purely conceptual on the map and should only be considered as a template to demonstrate that this proposed subdivision would result in lots that can be developed. C/Lin asked if CDD/Gubman was saying that the footprints are not part of tonight's approval and CDD/Gubman responded that C/Lin was correct and that the Commission needed to disregard the footprint and the approval of the subdivision in no way implies any approval of the development plans that are conceptualized here. Pete Volbeda, Architect for the project, reviewed the report and the conditions and he concurs with staffs report. With respect to the easements, there was a lot line adjustment on the southerly portion of the lower lot. The owner has received permission to relocate the utility easement nt 'along the property line in the required side yard which will not affect the building pad. The northern easement is a sewer line. The applicant contacted the appropriate agencies and was given permission to pave over the easement but not construct a building over the easement. He stated that they are aware of the limitations of the easements and will design accordingly. Surnermal Vardhan, property owner,thanked staff for their assistance on this project. Accordingly, he believes the project conforms to the standards set by the California Subdivision Map Act as well as, the City's General Plan and Zoning and the City's Subdivision and Development Code standards. He MAY 24, 2011 PAGE 8 PLANNING COMMISSION and h.is family look forward to being able to be a part of the Diamond Bar community and hopes that the Commission will approve the project. Chair/Shah opened the public hearing. With no one present who wished to speak on this matter, Chair/Shah closed the public hearing. VC/Lee moved, C/Torng seconded to adopt a revised resolution recommending the approval of Tentative Parcel Map No. 71362 to the City Council to allow a subdivision of an existing vacant lot into two separate lots, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the correction to the acreage on Parcel 2 from 1.34 to 1.39 acres. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL, ITEMS: C/Torng said he was glad to be back. I Chair/Shah thanked SP/Lee for a fantastic job on the presentation for the tutoring school project. I 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman stated that earlier he was struggling to think of types of 'businesses that operate in the City that do not require a business license. An example is UPS and FedEx. There. is a three week break until the next scheduled Planning Commission meeting on June 14. However, there are no items currently scheduled for June 1.4 and may very well go dark that evening. When.the Commission reviews the Development Review application for one of the subdivided lots, there will be a more technical review of the development plans and condition the project accordingly in light of easements and other.restrictions .on the property: MAY 24, 2011 PAGE 9 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Shah adjourned the regular meeting at 8:05 p.m. The foregoing minutes are hereby approved this 28th day of June, 2011. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jack Sha , Chairman L) Agenda # 6 . 3 Meeting Date:July 5, 2011 OF �'�"• '- � »III~a_ "'�'r�. � V''r CITY COUNCIL , AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma a TITLE: Ratification of Check Register dat d June 16, 2011 through June 29, 2011 totaling $ 1,296,719.65. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of$ 1,296,719.65 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 June 16, 2011 through June 29, 2011 for $ 1,296,719.65 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: David Doyle Assistant City Manager REVIEWED j Assistant City M nager Attachments: Affidavit and Check Register—6/16/11 through 6/29/11. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated June 16, 2011 through June 29, 2011 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,012,887.20 Com Org Support Fund 500.00 Prop A-Transit Fund 124,284.48 Prop C-Transit Tax Fund 45,190.37 Integrated Waste Mgt Fund 15,094.98 Corn Dev Block Grant Fund 6,106.49 LLAID 38 Fund 8,158.34 LLAID 39 Fund 3,842.87 LLAD 41 Fund 2,932.04 Capital Imp Projects Fund 1,479.95 Self Insurance Fund 1,373.00 Computer. Eq Repl Fund 74,869.93 $1,296,719.65 Signed: David Doyle Assistant City Manager SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE NUMBER: 23 DATE: 06/30/11 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:56:48 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.ck_date between 120110616 00:00:00.0' and 120. 110629 00:00:00.0' ACCOUNTING PERIOD: 12/11 FUND - S30 - COMPUTER EQ REPL FUND CASH ACCT CHECK NO ISSUE DT -----------VENDOR----------- FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 10100 94671 06/16/11 CDW-G CDW GOVERNMENT 5304070 46230 COMP EQ-I.T. 0.00 1518.39 10100 94671 06/16/11 CDW-G CDW GOVERNMENT 5304070 46230 COMP EQ-I.T. 0.00 13063.65 10100 94671 06/16/11 CDW-G CDW GOVERNMENT 5304070 46230 COMP EQ-I.T. 0.00 60287.89 TOTAL CHECK 0.00 74869.93 TOTAL CASH ACCOUNT 0.00 74869.93 TOTAL FUND 0.00 74869.93 TOTAL REPORT 0.00 1296719.65 RUN DATE 06/30/2011 TIME 14:56:53 SUNGARD PENTAMATION INC - FUND ACCOUNTING City of Diamond Bar - Check Register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/23/2011 11-PP 13 PAYROLLTRANSFER P/R TRANSFER-1 1/PP 13 115 10200 4,543.11 $181,430.61 6/23/2011 PAYROLL TRANSFER P/RTRANSFER-11/PP 13 125 10200 1,106.29 6/23/2011 PAYROLLTRANSFER P/R TRANSFER-1 1/PP 13 001 10200 166,851.83 6/23/2011 PAYROLLTRANSFER P/R TRANSFER-11/PP 13 112 10200 4,009.76 6/23/2011 PAYROLL TRANSFER PIR TRANSFER-11/PP 13 113 10200 4,919.62 6/16/2011 1 94656 999 FOR KIDS PROG SUPPORT-JUNE 11 1 0114010 42355 1 500.00 $500.00 6/16/2011 1 94657 AGI ACADEMY CORP CONTRACT CLASS-SPRING 10015350 45320 1 378.00 $378.00 6/16/2011 1 94658 JALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS-MAY 1 0014411 45410 1 6,519.70 $6,519.70 6/16/2011 1 94659 JALLIANCE BUS LINES TRANSPORTATION-DAY CAMP 1125350 45310 717.79 $1,697.23. 6/16/2011 ALLIANCE ESUS LINES TRANSPORTATION-DAY CAMP 1125350 45310 979.44 6/16/2011 1 94660 JALLIANT INSURANCE SERVICES INC ICRIME INS PLCY-7/11-7/12 510 12130 1 1,373.00 $1,373.00 6/16/2011 1 94661 THERESA BARK IFACILITY REFUND-HERITAGE 001 1 23002 1 250.00 $250.00 6/16/2011 1 94662 BEE REMOVERS BEE REMOVAL-DBC 10015333 1 42210 1 115.001 $115.00 6/16/2011 1 94663 GAIL BELLOWS RECREATION REFUND 1 001 1 34730 1 55.00 $55.00 6/16/2011 1 94664 IRICK BETACOURT SUPPLIES-EMERGENCY PREP 1 0014440 1 41200 1 395.001 $395.00 6/16/2011 1 94665 JOHN E BISHOP CONTRACT CLASS-SPRING 0015350 1 45320 1 519.00 $519.00 6/16/2011 94666 BONTERRA CONSULTING INC. PROF.SVCS-FPL2002-09 001 23010 2,487.86 $2,707.86 6/16/2011 IBONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 220.00 6/16/2011 1 94667 IBRINKER INTERNATIONAL INC REFUND-EN 07-574 001 23012 895.09 $1,957.09 6/16/2011 BRINKER INTERNATIONAL INC REFUND-GRADING BOND 001 23001 1,062.00 6/16/2011 94668 BUCKNAM&ASSOCIATES INC COMP IMP-APR 2011 0015510 1 45221 1 11,859.40 $13,460.20 6/16/2011 IBUCKNAM&ASSOCIATES INC PAVEMENT MNGMNT-APR 2011 0015510 45221 1,600.80 Page 1 City of Diamond Bar - Check Register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 6/16/2011 94669 BURGER CONTINENTAL FOOD-SR DANCE 0015350 1 45300 1 699.661 $699.66 6/16/2011 1 94670 CALIFORNIA CONTRACT CITIES ASSOC. MTG-CMGR 4/28 1 0014030 1 42325 1 37.00 $37.00 6/16/2011 94671 CDW GOVERNMENT COMP EQ-I.T. 5304070 46230 1,518.39 $74,869.93 6/16/2011 CDW GOVERNMENT COMP EQ-I.T. 5304070 46230 13,063.65 6/16/2011 CDW GOVERNMENT COMP EQ-I.T. 5304070 46230 60,287.89 6/16/2011 1 94672 ICERTIFIED TRANSPORTATION SVCS INC TRANSPORTATION-STADIUM 1 1125350 45310 1 571.68 $571.68 6/16/2011 1 94673 CHICAGO TITLE HIP PROG-23811 G/SPRINGS 1255215 1 44000 1 15.00 $15.00 6/16/2011 1 94674 ICHINO LUMBER&HARDWARE SUPPLIES-DBC 1 0015333 41200 104.35 $104.35 6/16/2011 1 94675 1CONSTANCE J.LILLIE ICONTRACT CLASS-SPRING 1 0015350 1 45320 1 120.001 $120.00 6/16/2011 1 94676 CONSTRUCTION HARDWARE SUPPLIES-DBC 0015333 1 41200 1 14.49 $14.49 6/16/2011 94677 CROWN GRAPHICS SUPPLIES-NAME PLATE 001409041200 27.19 $70.69 6/16/2011 ICROWN GRAPHICS SUPPLIES-NAME PLATE 0014090 41200 43.50 6/16/2011 94678 DAPEER ROSENBLIT&LITVAK LLP LEGAL SVCS-MAY 2011 0014020 44023501.20 $6,402.84 6/16/2011 DAPEER ROSENBLIT&LITVAK LLP LEGAL SVCS-MAY 2011 0014020 44023 5,901.64 6/16/2011 1 94679 JDAVID VOLZ DESIGN PARK DESIGN-WASHINGTON 2505310 1 R46415 1 279.95 $279.95 6/16/2011 1 94680 CRAIG DAVIS CONTRACT CLASS-SPRING 0015350 1 45320 1 448.801 $448.80 6/16/2011 1 94681 1 DAY&NITE COPY CENTER PRINT SVCS-P/INFO 0014095 1 42110 1 93.29 $93.29 6/16/2011 94682 DAY LITE MAINTENANCE CO INC MAINT NEW CITY HALL 0014093 42210 162.85 $258.85 6/16/2011 JDAY LITE MAINTENANCE CO INC MAINT SVCS-JUNE 2011 0014093 42210 96.00 6/16/2011 94683 CAROL DENNIS PROF.SVCS-CNCL MTG 0014030 44000 200.00 $275.00 6/16/2011 ICAROL DENNIS PRORSVCS-T&T MTG 0015510 44000 75.00 6/16/2011 1 94684 IVIDHYA DESA! FACILITY CHARGES-DBC 001 36615 -68.001 $732.00 Page 2 City of Diamond Bar - Check Register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/16/2011 94684... VIDHYA DESAI FACILITY REFUND-DBC 001 23002 1 800.00 $732.00... 6/16/2011 94685 JDH MAINTENANCE JANITORIAL SVCS-DBC 0015333 45300 12,250.83 $12,986.00 6/16/2011 DH MAINTENANCE JANITORIAL SVCS-PARKS 0015340 42210 735.17 6/16/2011 1 94686 IDIAMOND BAR MOBIL FUEL-COMM SVCS 0015310 1 42310 1 142.541 $142.54 6/16/2011 1 94687 DISCOUNT SCHOOL SUPPLY SUPPLIES-DAY CAMP 0015350 1 41200 1 204.51 $204.51 6/16/2011 1 94688 JEDUCATION TO GO ICONTRACT CLASS-SPRING 0015350 1 45320 1 60.00 $60.00 6/16/2011 94689 JEMERALDTANDSCAPE SERVICES INC MAINT SVCS-MAY 2011 0014093 1 42210 1 816.00 $816.00 6/16/2011 94690 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 75.00 $460.00 6/16/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 40.00 6/16/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 50.00 6/16/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 215.00 6/16/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-HERITAGE 0015340 42210 40.00 6/16/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 6/16/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 10.00 6/16/2011 94691 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 134.49 $206.01 6/16/2 IFEDEX EXPRESS MAIL-GENERAL 0014090 42120 71.52 6/16/2011 94692 G FRIEDRICH&ASSOCIATES INC. LNDSCP ASSESSMENT-LLAD 38 1385538 44000 738.83 $2,216.50 6/16/2011 GFB FRIEDRICH&ASSOCIATES INC. LNDSCP ASSESSMENT-LLAD 39 1395539 44000 738.83 6/16/2011 GFB FRIEDRICH&ASSOCIATES INC. LNDSCP ASSESSMENT-LLAD 41 1395539 44000 738.84 6/16/2011 1 94693 IWILLIAMGIEBE CONTRACTCLASSSPRING 0015350 1 45320 1 1,248.00 $1,248.00 6/16/2011 1 94694 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL-MAY 11 0015230 1 45520 1 5,200.00 $5,200.00 6/16/2011 1 94695 IGREENWOOD CABINETRY INC IHIP PROG-24415 DEEPSPRING 1 1255215 1 44000 1 230.00 $230.00 6/16/2011 1 94696 SHANNON GRIFFITHS CONTRACT CLASS-SPRING 1 0015350 1 45320 1 76.80 $76.80 Page 3 City of Diamond Bar - Check Register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/16/2011 94697 HOME DEPOT CREDIT SERVICES SUPPLIES-COMM SVCS 0015310 41200 289.10 $303.17 6/16/2011 HOME DEPOT CREDIT SERVICES SUPPLIES-COMM SVCS 0015310 41200 14.07 6/16/2011 94698 1 KATE HWAN IRECREATION REFUND 001 1 34760 1 125.001 $125.00 6/16/2011 1 94699 JINCONTACT INC I LONG DIST SVCS-MAY 2011 10014090 1 42125 1 51.131 $51.13 6/16/2011 94700 INLAND EMPIRE STAGES TRANSPORTATION-CASINO 11125350 1 45310 1 1,279.001 $1,279.00 6/16/2011 94701 INLAND VALLEY DAILY BULLETIN AD-TRFFC SIGNAL PROJ 0015510 42115 166.00 $906.80 6/16/2011 INLAND VALLEY DAILY BULLETIN LEGAL AD-FPL 2010-388 001 23010 363.40 6/16/2011 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2011-430 001 23010 377.40 6/16/2011 1 94702 IMOHAMAD R JAHANVASH JCONTRAC CT CLASS-SPRING 0015350 1 45320 1 72.001 $72.00 6/16/2011 94703 JENKINS&HOGIN,LLP LEGAL SVCS-COMM SVCS MAY 0014020 44020 673.40 $13,592.60 6/16/2011 JENKINS&HOGIN,LLP LEGAL SVCS-P/WORKS MAY 0014020 44020 891.80 6/16/2011 JENKINS&HOGIN,LLP LEGAL SVCS-MINI PARKS 0014020 44020 6,021.40 6/16/2011 JENKINS&HOGIN,LLP LEGAL SVCS-MAY 2011 0014020 44020 4,695.60 6/16/2011 JENKINS&HOGIN,LLP LEGAL SVCS-COM DEV MAY 0014020 44020 1,310.40 6/16/2011 1 94704 IHONGYING JIA IRECREATION REFUND 1001 1 34760 1 125.001 $125.00 6/16/2011 1 94705 1JUSTTIRES IVEH MAINT-ROAD MAINT 1 0015554 1 46250 1 1,429.721 $1,429.72 6/16/2011 1 94706 JANGELA KAO IRECREATION REFUND 001 1 34780 1 129.001 $129.00 6/16/2011 94707 KENS HARDWARE EQ-ROAD MAINT 0015554 1 41300 1 83.09 $165.79 6/16/2011 KENS HARDWARE SUPPLIES-ROAD MAINT 0015554 41250 82.70 6/16/2011 1 94708 IKEYSER MARSTON ASSOCIATES INC 1CONSULTING SVCS-HONDA STE 0014096 1 44000 1 15,645.631 $15,645.63 6/16/2011 1 94709 IYOUNG SEUNG KIM ICONTRACT CLASS-SPRING 0015350 1 45320 1 459.001 $459.00 6/16/2011 1 94710 IGABRIELAKLEIN ICONTRACTCLASSSPRING 0015350 1 45320 1 1,080.001 $1,080.00 Page 4 City of Diamond Bar - Check register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 6/16/2011 94711 LAE ASSOCIATES INC PROF.SVCS-DBE PROG MAY 0015551 45221 1 1,390.00 $1,390.00 6(16/2011 1 94712 LANCE,SOLL&LUNGHARD LLP PROF.SVCS-AUDITING 10014050 1 44010 1 7,000.00 $7,000.00 6/16/2011 94713 LEAD TECH ENVIRONMENTAL HIP PROG-151 PROSPECTORS 1255215 1 44000 630.00 $1,290.00 6/1 E ILEAD TECH ENVIRONMENTAL HIP PROG-403 ROCKBRIDGE 1255215 44000 660.00 6/16/2011 94714 LEAGUE OF CALIFORNIA CITIES MTG-CMGR/MCLEAN 0014030 1 42325 70.00 $105.00 6116/2011 LEAGUE OF CALIFORNIA CITIES MTG-CMGR 0014030 42325 35.00 6/16/2011 1 94715 ISUNGJIN LEE RECREATION REFUND_ 001 34740 1 79.00 $79.00 6/16(2011 1 94716 SHERI LIEBE ICONTRACT CLASS-SPRING 0015350 1 45320 1 667.20 $667.20 6/16/2011 1 94717 ILONG STUDIOS PHOTO SVCS-CITY BIDAY 1 0014095 1 42112 1 487.501 $487.50 6/16/2011 94718 LOS ANGELES COUNTY MTA CITY SUBSIDY-JUNE 2011 1125553 45533 973.35 $4,375.50 6/16/2011 LOS ANGELES COUNTY MTA JMTA PASSES-JUNE 2011 1125553 455351 1 3,402.15 6/16/2011 94719 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE SVCS-FEB 1 0015510 1 45530 1 1,792.93 $1,792.93 6/16/2011 94720 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS-MAY 2011 0014411 45401 424,448.67 $433,981.57 6/16/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CLICK IT OR TICKET-MAY 11 0014411 45402 1,116.46 6/16/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL-MAY 11 0014411 45402 8,416.44 6/16/2011 1 94721 ILUCY LU IRECREATION REFUND 001 134780 1 94.00 $94.00 6/16/2011 1 94722 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-DBC 0015333 1 41200 1 16.00 $16.00 6/16/2011 1 94723 MARLENE RAMIREZ MOONEY CONTRACT CLASS-SPRING 0015350 1 45320 1 108.00 $108.00 6(16/2011 1 94724 JOAK TREE LANES INC EXCURSION-DAY CAMP 0015350 142410 1 504.001 $504.00 6(16/2011 94725 OFFICEMAX INC SUPPLIES-GENERAL 0014090 41200 135.32 $362.05 6/16/2011 OFFICEMAX INC SUPPLIES-GENERAL 0014090 41200 239.59 6/16/2011 OFFICEMAX INC SUPPLIES-COMM SVCS 0015350 41200 22.90 Page 5 City of Diamond Bar - Check register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/16/2011 94725... OFFICEMAX INC MEMO CREDIT-CMGR 0014030 41200 -25.92 $362.05... 6/16/2011 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 1.76 6/16/2011 OFFICEMAX INC MEMO CREDIT CMGR 0014030 41200 -11.60 6/16/2011 94726 ORKIN PEST CONTROL INC PEST CONTROL-PANTERA PK 0015340 42210 89.23 $218.66 6/16/2011 ORKIN PEST CONTROL INC PEST CONTROL-DIST 38 1385538 42210 63.37 6/16/2011 ORKIN PEST CONTROL INC PEST CONTROL-SYC CYN 0015340 42210 66.06 6/16/2011 1 94727 PACIFIC TELEMANAGEMENT SERVICES PAY PHONE SVCS-PARKS 0015340 1 42125 1 495.84 $495.84 6/16/2011 1 94728 PRO REPRO INC PRINT SVCS-PLANS/SPECS 0014090 1 42110 1 1,572.07 $1,572.07 6/16/2011 94729 PROTECTION ONE INC ALARM SVCS-DBC 0015333 42210 56.78 $173.86 6/16/2011. PROTECTION ONE INC ALARM SVCS-SYC GYN 0015340 42210 31.50 6/16/2011 PROTECTION ONE INC ALARM SVCS-HERITAGE 0015340 42210 85.58 6/16/2011 94730 R F DICKSON COMPANY INC ST SWEEPING-APR/MAY 11 0015554 1 45501 1 748.10 $9,916.90 6/16/2011 R F DICKSON COMPANY INC IST SWEEPING-APR/MAY 11 0015554 45501 9,168.80 6/16/2011 94731 REGIONAL TAP SERVICE CENTER TAP PASSES-MAY 2011 1125553 1 45535 1 11,413.40 $14,266.76 6/16/2011 REGIONAL TAP SERVICE CENTER CITY SUBSIDY-MAY 2011 1125553 45533 2,853.36 6/16/2011 94732 REINBERGER PRINTWERKS PRINT SVCS-BUS CARDS 0014095 42110 71.34 $574.00 6/16/2011 REINBERGER PRINTWERKS PRINT SVCS-LETTERHEADS 0014090 42110 302.91 6/16/2011 REINBERGER PRINTWERKS PRINT SVCS-LABELS 0014090 42110 199.75 6/16/2011 94733 REPUBLIC ITS INC TRFFC SIGNAL MAINT MAY 0015554 45507 4,102.00 $11,103.70 6/16/2011 REPUBLIC ITS INC TRFFC SIGNAL MAINT-MAY 0015554 45507 2,116.70 6/16/2011 REPUBLIC ITS INC TRFFC SIGNAL MAINT-B/CYN 0015554 45507 4,885.00 6/16/2011 1 94734 SANTAANA ZOO AT PRENTICE PARK EXCURSION-DAY CAMP 1 0015350 1 42410 1 414.00 $414.00 6/16/2011 1 94735 SECTRAN SECURITY INC. COURIER SVCS-JUN 2011 0014090 44000 1 308.46 $308.46 6/16/2011 1 94736 TSUNGWEI SHAW FACILITY REFUND-DBC 001 23002 1 100.00 $100.00 Page 6 City of Diamond Bar - Check Register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/16/2011 94737 SIMPSON ADVERTISING INC NEWSLETTERS-ENVIROLNK 1155515 1 42110 1 8,220.001 $8,220.00 6/16/2011 1 94738 ICHERYL SKIDMORE ICONTRACT CLASS-SPRING 1 0015350 1 45320 1 423.001 $423.00 6/16/2011 1 94739 TIM SMITH CONTRACT CLASS-SPRING 0015350 1 45320 1 180.00 $180.00 6/16/2011 94740 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 22.47 $7,969.51 6/16/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-NEW CITY HALL 0014093 42126 2,387.60 6/16/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 220.06 6/16/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 506.75 6/16/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DBC 0015333 42126 4,764.60 6/16/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 68.03 6/1612011 94741 SPARKLETTS WATER SUPPLIES-CITY HALL 0014090 41200 214.17 $224.92 6/1E ISPARKLETTS I EQ RENTAL-MAY 2011 0014090 42130 10.75 6/16/2011 1 94742 ISTUBBIES PROMOTIONS PROMO SUPPLIES-4TH OF JUL 0014095 1 41400 1 2,176.44 $2,176.44 6/16/2011 1 94743 JKUO CHEN SUN RECREATION REFUND 1 001 1 34730 1 71.001 $71.00 6/16/2011 1 94744 MICHELLE TANNERY IRECREATION REFUND 1 001 1 34760 1 345.00 $345.00 6/16/2011 1 94745 TENNIS ANYONE INC CONTRACT CLASS-SPRING 0015350 1 45320 1 4,015.20 $4,015.20 6/16/2011 1 94746 THE COMDYN GROUP INC CONSULTING SVCS-WK 6/3 0014070 1 44000 1 1,921.061 $1,921.06 6/16/2011 1 94747 THOMSON WEST PUBLICATIONS-C/CLERK 1 0014030 1 42320 1 375.391 $375.39 6/16/2011 1 94748 TRI-CITIES POOL SERVICE&REPAIR IFOUNTAIN MAINT-DBC APR 1 0015333 1 45300 1 160.00 $160.00 6/16/2011 1 94749 TRIFYTT SPORTS CONTRACT CLASS-SPRING 1 0015350 1 45320 522.001 $522.00 6/16/2011 94750 VERIZON CALIFORNIA PH.SVCS-FAX LINE-CMGR 0014030 42125 38.01 $1,270.14 6/16/2011 VERIZON CALIFORNIA PH.SVCS-NEW CITY HALL 0014093 42125 107.75 6/16/2011 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK ALARM 0015340 42125 84.30 6/16/2011 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 830.94 Page 7 City of Diamond. Bar - Check register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 6/16/2011 94750... VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 172.42 $1,270.14... 6/16/2011 VERIZON CALIFORNIA PH.SVCS-HTRG COMM CTR 0015340 42125 36.72 6/16/2011 1 94751 ERIKAVIEYRA CONTRACTCLASSSPRING 0015350 1 45320 1 86.401 $86.40 6/16/2011 1 94752 VISTA WINDOW MANUFACTURING,INC HIP PROG-311 WILLAPA LN 1255215 1 44000 1 498.20 $498.20 6/16/2011 94753 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-MAY 11 0015350 1 42140945.00 $3,381.00 6/16/2011 IWALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-APR/MAY 0015350 42140 2,436.00 6/16/2011 1 94754 YI PING WANG CONTRACT CLASS-SPRING 0015350 1 45320 1 135.00 $135.00 6/16/2011 1 94755 IWAXIE SANITARY SUPPLY SUPPLIES-DBC 0015333 1 41200 1 941.431 $941.43 6/16/2011 94756 WEST COASTARBORISTS INC TREE MAINTAPR 2011 0015558 45509 11,417.75 $15,997.55 6/16/2011 WEST COASTARBORISTS INC TREE MAINTAPR 2011 0015558 45510 1,663.30 6116/2011 WEST COASTARBORISTS INC TREE MAI NT-MAY 2011 0015558 45510 2,916.50 6/16/2011 1 94757 THERESAWINECKI CONTRACTCLASSSPRING 0015350 1 45320 1 1,020.001 $1,020.00 6/16/2011 1 94758 JALICE XU RECREATION REFUND 001 34760 1 125.001 $125.00 6/23/2011 1 94759 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS-MAY 0014411 1 45410 1 5,483.71 $5,483.71 6/23/2011 94760 ALLIANCE BUS LINES EXCURSION-DAY CAMP 1125350 1 45310 1 1,037.59 $1,755.38 6/23/2011 JALLIANCE BUS LINES EXCURSION-DAY CAMP 1125350 45310 717.79 6/23/2011 1 94761 BATTLE OF THE DANCE SR EXCURSION-BATTLE/DANCE 0015350 1 45310 1 1,155.00 $1,155.00 6/23/2011 1 94762 113ENESYST 6/24/11-P/R DEDUCTIONS 001 1 21105 1 699.76 $699.76 6/23/2011 1 94763 RICK BETACOURT SUPPLIES-P/INFO 0014095 1 41200 1 60.001 $60.00 6/23/2011 1 94764 BSN SPORTS CORP SUPPLIES-YOUTH SOCCER 0015350 1 41200 1 293.63 $293.63 6/23/2011 1 94765 IPETER BUCCOLA IFACILITY REFUND-DBC 001 1 23002 1 350.001 $350.00 Page 8 City of Diamond Bar - Check Register 06/16/2011 thru 06/29/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 6/23/2011 94766 BURGER CONTINENTAL FOOD-SR DANCE 6/16 0015350 1 45300 1 326.501 $326.50 6/23/2011 1 94767 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES-DBC 1 0015333 1 41200 1 80.121 80.12 6/23/2011 1 94768 ICALIFORNIA CONSERVATION CORP REPAIRS-STEEP CYN TRL 1 0015558 1 45500 1 5,270.00 $5,270.00 6/23/2011 1 94769 CHARLES CHA FACILITY REFUND-REAGAN 001 1 23002 1 50.00 $50.00 6/23/2011 1 94770 JCM SCHOOL SUPPLY SUPPLIES-COMM SVCS 1 0015350 1 41200 1 78.58 $78.58 6/23/2011 1 94771 CA PARKS&REC SOC-DIS XIII TRNG-REC STAFF 1 0015310 1 42325 1 100.00 $100.00 6/23/2011 1 94772 IMICHELLE DANGANAN IRECREATION REFUND 001 34780 90.00 $90.00 6/23/2011 1 94773 JDAVID J.GRUNDY IP&R COMM-5/12 0015350 1 44100 1 45.001 $45.00 6/23/2011 1 94774 IROSEMARIE DAYTO RECREATION REFUND 001 134780 1 94.001 $94.00 6/23/2011 1 94775 ICAROL DENNIS PROF.SVCS-P&R MTG 0015310 1 44000 1 200.001 $200.00 6/23/2011 94776 DIAMOND BAR HAND CAR WASH CAR WASH-COMM SVCS 0015310 42200 60.95 $293.81 6/23/2011 DIAMOND BAR HAND CAR WASH CAR WASH-POOL VEH 0014090 42200 139.88 6/23/2011 DIAMOND BAR HAND CAR WASH CAR WASH-RD MAINT 0015554 42200 70.00 6/23/2011 DIAMOND BAR HAND CAR WASH CAR WASH-REC 0015350 42200 22.98 . 6/23/2011 94777 DIVERSIFIED PARATRANSIT INC SHUTTLE SVCS-CITY B/DAY 1125350 1 453101,829.91 $42,100.66 6/23/2011 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-MAY 11 1135553 45529 40,270.75 6/23/2011 94778 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-FPL 11-424 001 23010 69.60 $207.59 6/23/2011 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-FPL 11-425 001 23010 34.80 6/23/2011 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-FPL 10-388 001 23010 34.80 6/23/2011 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-GENERAL 0014090 42120 33.59 6/23/2011 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-FPL 10-409 001 23010 17.40 6/23/2011 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-FPL 10-411 001 23010 17.40 6/23/2011 1 94779 1EXTERIOR PRODUCTS INC INSTALL/REMOVAL-BANNERS 1 0015350 45305 1,710.00 $1,710.00 Page 9 Agenda # 6 . 4 Meeting Date: July 5, 2011 e , o I � � f CITY COUNCILAGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: Treasurer's Statement— May 2011 RECOMMENDATION: Approve the May 2011 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Glenn Steinbrink Interim Finance Director AssisMMtify-Va � er Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31,2011 BEGINNING. TRANS FERS. .....E.ND.ING...... BALANCE RECEIPT$ ,.;:DISBURSEMENTS: :IN OUT):.. ::.:BALANCE GENERAL FUND $21,260,186.90 3,881,161.65 $2,226,567.31 ($520,987.61) $22,393,793.63 COMMUNITY ORG SUPPORT FD (10,000.00) 450.00 (10,450.00) MEASURE R LOCAL RETURN FD 499,662.53 (10,101.25) 489,561.28 GAS TAX FUND 36,174.59 289,441.18 325,615.77 TRANSIT TX(PROP A) FD 453,591.46 91,107.45 344,344.07 (8,510.75) 191,844.09 TRANSIT TX(PROP C) FD 2,094,276.70 86,318.13 (8,531.90) 1,999,426.67 ISTEA Fund 759,546.94 759,546.94 INTEGRATED WASTE MGT FD 628,996.00 214,247.03 29,743.70 (97,125.55) 716,373.78 TRAFFIC IMPROVEMENT FUND 236,677.46 5,865.64 (250.00) 230,561.82 AB2928-TR CONGESTION RELIEF FD 37,371.39 (1,945.00) 35,426.39 AIR QUALITY IMPRVMNT FD 136,103.87 136,103.87 TRAILS&BIKEWAYS FD 0.00 0.00 Prop 1B Bond Fund 202,773.05 (13,491.25) 189,281.80 PARK FEES FD 350,984.21 350,984.21 PROP A-SAFE PARKS ACT FUND 18,894.22 20,798.99 (20,000.00) 19,693.21 PARK&FACILITIES DEVEL. FD 570,215.10 570,215.10 COM DEV BLOCK GRANT FD (5,155.42) 7,646.00 11,649.11 (2,488.00) (11,646.53) CITIZENS OPT-PUBLIC SAFETY FD 144,386.62 26,887.20 171,273.82 NARCOTICS ASSET SEIZURE FD 298,144.16 (68,691.84) 366,836.00 CA LAW ENFORCEMENT EQUIP PRG 47,229.50 47,229.50 E BYRNE JUSTICE ASSIST GRANT 58,533.08 1,274.99 57,258.09 LANDSCAPE DIST #38 FD 43,368.51 30,859.40 21,331.86 14,807.00 67,703.05 LANDSCAPE DIST #39 FD (18,657.53) 20,571.71 16,579.50 57,042.00 42,376.68 LANDSCAPE DIST #41 FD 25,713.47 14,369.15 6,363.25 20,000.00 53,719.37 CDBG-R Fund (0.63) (0.63) ENERGY EFF&CNSVTN BLK GRT (393.27) (393.27) CAP IMPROVEMENT PRJ FD (63,247.65) 49,666.73 46,076.31 (66,838.07) SELF INSURANCE FUND 816,253.77 386,006.00 1,202,259.77 EQUIPMENT REPLACEMENT FUND 215,055.85 215,055.85 COMPUTER REPLACEMENT FUND 336,274.36 159,500.00 495,774.36 PUBLIC FINANCING AUTHORITY FUN 284,210.94 28,531.28 2,955.66 309,786.56 TOTALS $29,457,170.18 $4,625,621.04 $2,734,418.11 $0.00 $31,348,373.11 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($216,441.30) PAYROLL ACCOUNT 41,604.45 CHANGE FUND 1,000.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($173,336.85) INVESTMENTS: US TREASURY MONEY MARKET ACC- $4,611,730.86 LOCAL AGENCY INVESTMENT FD 17,600,192.54 FEDERAL BONDS 9,000,000.00 CASH WITH FISCAL AGENT: US TREASURY MONEY MARKET ACC- 309,786.56 TOTAL INVESTMENTS $31,521,709.96 TOTAL CASH $31,348,373.11 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are in compliance with the investment policy adopted by the City of Diamond Bar. The above sry provides sufficient cash flow liquidity to meet the next six month's estiyDeStelfan tures. James Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of May 2011 Issue Maturity Amount Current Par/ Fair Market Investment Type Cusip Rating Date Date Term At Cost Original Par Value Rate Fannie Mae 3135GOAA1 AAA 04/19/11 04/19/13 2.0 Yrs 1,000,000 1,000,000 1,001,673.00 1.000% Federal National Mortgage 31398A4A7 AAA 09/27/10 09/27/13 3.0 Yrs 1,000,000 1,000,000 1,001,333.00 1.200% Freddie Mac Unnt 3134G1UD4 AAA 09/30/10 09/30/13 3.0 Yrs 1,000,000 1,000,000 1,000,988.00 1.250% Federal Home Loan Bank 1 313371598 AAA 12/02/10 12/02/13 3.0 Yrs 1,000,000 1,000,000 999,202.00 1.000% Federal Home Loan Bankds Bnd 3133XXHD2 AAA 03/30110 12/30/13 2.75 Yrs 1,000,000 1,000,000 1,005,597.00 2.050% Fannie Mac Fixed Rate Note Call 31398A7D8 AAA 12/30/10 12/30/13 3.0 Yrs 1,000,000 1,000,000 1,001,288.00 1.375% Fannie Mae Unsecrdnt Call 3135GOAV5 AAA 03/02/11 06/02/14 4.25 Yrs 1,000,000 1,000,000 1,004,207.00 1.800% Fed Home Loan Banks Bond 313371RQ1 AAA 11/30/10 11/30/15 5.0 Yrs 1,000,000 1,000,000 979,908.00 1.500% Fannie Mae Step 02/16/2016 3136FP5W3 AAA 02/16/11 02/16/16 5.0 Yrs 1,000,000 1,000,000 1,004,007.00 2.000% Total Securities $ 9,000,000.00 9,000,000 $ 8,998,203.00 1.464% Local Agency Inv Fund AAA _ 17,600,192.54 17,625,912.11 0.413% US Treasury Money Market AAA $4,611,730.86 4,611,730.86 0.010% Total Liquidity $ 22,211,923.40 $ 22,237,642.97 Union Bank-(Fiscal Agent) AAA 309,786.56 309,786.56 0.020% Total investments $ 31,521,709.96 $ 31,545,632.53 2010-11 Budgeted Interest Income $328,910.00 Actual Year-To-Date Interest Income $156,549.97 Percent of Interest Received to Budget 47.597% TYPE OF INVESTMENTS: Allocation of Book Value of Investment by Type Federal Agency Security (By Percent) 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 Federal Agency a 40%limit on this type of investment and the security investment is currently Securities LAIF Fund held in a custodial account by Wells Fargo Institutional Securities LLC for safe- 28.55% 55.84% keeping services. Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State U.S Treasury ��— Treasurer and regulated by the State law.The City Investment Policy places no Money Market limit on this type of investment. 15.61% Total Investment-$31.521,710 U.S. Treasury Monet/Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper.The City Investment Source of Fair Market Value:Wells Fargo Institutional Securities,LLC Policy places no limit on this type of investment. Agenda # 6 . 5 Meeting Date: July 5, 2011 .... ....... CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: James DeStefano, City Man /9 7 TITLE: ORDINANCE NO. 04(2011) 4 THE CITY OF DIAMOND' BAR REGARDING RECOVERY OF ATTORNEY FEES IN NUISANCE ABATEMENT PROCEEDINGS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE RECOMMENDATION: Approve for Second Reading by title only, waive the full reading, and adopt. FISCAL IMPACT: The Ordinance would enable recovery of attorney fees in nuisance abatement proceedings. BACKGROUND: On June 21, 2011, the City Council approved for first reading by title only Ordinance No. 04(2011) to allow for the recovery of attorney fees in addition to administrative costs in nuisance abatement proceedings. ENVIRONMENTAL REVIEW: The City has determined this action is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15361(b)(3) (no potential for causing a significant effect on the environment). This action is also statutorily exempt from CEQA in that it is not a "project" under CEQA's definitions. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 10, 2011, in a 1/8 page display ad. Prepared by: Reviewed by: Anthony Santos Greg Gubm—a ,/Ai'60 Management Analyst Community Development Director Attachments: 1. Ordinance No. 04(2011). ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING RECOVERY OF ATTORNEY FEES IN NUISANCE ABATEMENT PROCEEDINGS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. This ordinance serves to clarify existing provisions of the Diamond Bar Municipal Code relative to recovery of attorney fees incurred in the abatement of nuisances by clarifying that all references to legal "costs" were intended to and do include the City's attorney fees. This ordinance is declarative of existing law. Section 2. Subparagraph (2) (b) of Section 22.78.060 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Costs,and damages. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct result of the violations. Costs shall include, but not be limited to, city staff costs, attorney fees, expert fees and court costs." Section 3. Subparagraph (1) of Section 22.78.070 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Record of costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner, in compliance with this section. Staff time shall be calculated at an hourly rate established and revised from time to time by the council. Attorney and expert time shall be based on the hourly rates paid by the city for those services." PASSED, APPROVED AND ADOPTED this_day of 2011. Steve Tye, Mayor T:\Staff Reports-CC\DCA PL2011-146 Attorney Fee CC Report 2nd Reading 7-5-1 I.doc I, Tommye Cribbins, City Clerk of-the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of _, 2011, and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the day of -, 2011, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST Tommye Cribbins, City Clerk TAStaff Reports-CC\DCA PL2011-146 Attorney Fee CC Report 2nd Reading 7-5-1 1.doc Agenda # 6 ,h Meeting Date: July S, 2011 CIT i CITY COUNCILjhr�RP�,����9 AGENDA REPORT �r9Sg� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: APPROVAL OF CONTRACT WIT THE REGIONAL CHAMBER OF COMMERCE— SAN GABRIEL VALLEY FOR FY2011-12 BUSINESS DEVELOPMENT AND RETENTION SERVICES IN THE AMOUNT NOT TO EXCEED $12,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: There are sufficient funds allocated in the FY 2011-12 Budget. DISCUSSION: The Regional Chamber of Commerce—San Gabriel Valley (Chamber) serves businesses in Diamond Bar, Walnut, Hacienda Heights, Rowland Heights, La Puente and Valinda. During the past year, the Chamber has continued to promote economic development and business retention services within the City. It has also conducted several grand opening and ribbon cuffing ceremonies, as well as distributing City information through the Chamber's Business Newsletter. The Chamber will continue to provide the services described in Exhibit A, including Grand Opening events, small business assistance training and development opportunities, and provide the City with listings of available commercial and office space. Although the Chamber's offices are no longer located in Diamond Bar, the Chamber is committed to providing quality services to City businesses. It is recommended that the City Council approve the contract with the Chamber in the amount not to exceed $12,000 for FY 2011-12. Prepared by: Reviewed Anthony Sa David Doyle Management Analyst Assistant City Manager Attachments: 1. Consulting Services Agreement. 2. Exhibit A. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of , 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and Regional Chamber of Commerce—San Gabriel Valley, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A". B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect July 1, 2011, and shall continue until June 30, 2012, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed twelve thousand dollars ($12,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Consultant: James DeStefano, City Manager Heidi Gallegos, Executive Director City of Diamond Bar Regional Chamber of Commerce 21825 Copley Drive 19720 E. Walnut Drive South, Suite 201 Diamond Bar, CA 91765-4178 Walnut, CA 91789 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500;000.00; 000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu-of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: Michael Jenkins, City Attorney "CONSULTANT" By: Its: EXHIBIT "A" FY 2011-2012 CITY SERVICES CONTRACT REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY SCOPE OF SERVICES July 1, 2011 through June 30, 2012 A. Administrative Support: Monthly support for services to the City for promotion of City services, informational distribution and efforts to enhance the development. of programs for the public benefit. Included in these programs are: Small Business Seminars, Business Expo, City Birthday Party, Business visitations and community outreach. B. City shall have a liasion position on the Chamber of Commerce Board of Director's. This position shall be appointed by the Mayor and shall either be a City Councilmember including the Mayor or a City staff member. This position shall be a non-voting member of the Board for as long as the contract remains in effect. C. City shall be provided, at no cost, the following: Second Tier Banner Advertising on the Chamber website for as long as the contract remains in effect; and two complimentary passes to each Breakfast and Luncheon event for as long as the contract remains in effect. D. Chamber shall continue development of the "Diamond Bar Business to Business" program to encourage Diamond Bar businesses to purchase items from other businesses in Diamond Bar. At a minimum the program should contain the following elements: marketing information about existing businesses in Diamond Bar that can provide services to other businesses; and/or educational information about how sales tax dollars benefit the community. This program must be available to all businesses in Diamond Bar not just members of the Chamber of Commerce. There may be some difference in level of service for the program between Chamber and non-Chamber businesses. Chamber shall provide the City with quarterly reports indentifying all Diamond Bar Chamber and non- Chamber member businesses participating in the program. Upon request, the City will provide a list of active City businesses to the Chamber twice a year in order to support and enhance economic growth within the City of Diamond. E. In a continued effort to promote businesses in Diamond Bar to the community and surrounding region, the Chamber shall conduct a minimum of 3 grand opening ribbon cutting events in Diamond Bar. F. The Chamber shall conduct at least five (5) meetings/workshops to promote small business development, which may include one-on-one meetings with licensed business counselors, or partnerships with other agencies. The Page 1 of 2 meetings/workshops will be open to the public, widely advertised, and of no charge to participants. The meetings/workshops should provide participants with information about writing a business plan, Small Business Administration financing, and developing a marketing plan. G. The Chamber, through its members and contacts in the commercial real estate business, shall use its best efforts to be knowledgeable of all available commercial and office space in the City. To the extent possible, this commercial space availability shall be provided to the City Manager on a monthly basis. H. The Chamber, through its Professional Development Network, will conduct quarterly training and educational opportunities in Diamond Bar for Diamond Bar businesses. These opportunities shall be available for Chamber and non- Chamber members. Within 30 days following these meetings, the Chamber shall cause a written report to be developed and submitted to the City identifying each concern/issue raised by the business community and the individual or business which raised the issue. I. Communications: Executive Director and City Manager and/or their designee will meet no less than quarterly to discuss issues impacting the business community including any information on specific businesses leaving the City, ideas to promote business retention and expansion in the City and opportunities to promote Diamond Bar and Diamond Bar businesses. Page 2 of 2 Agenda # 6 . T_ Meeting Date:July 5, 2011 IT CITY COUNCIL AGENDA REPORT CORPoR .. TO: Honorable Mayor and Members of the city council r VIA: James DeStefano, City Manag a �-p TITLE: ADOPT RESOLUTION NO. 2011- AUTHORIZING AND APPROVING THE SALE OF $209,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF WEST HOLLYWOOD RECOMMENDATION: Adopt Resolution and authorize the City Manager to execute the Prop A Fund Trade Agreement in the amount of$209,000. FINANCIAL IMPACT: As budgeted, the sale of Prop A Funds will result in increased revenues of $152,570 for FY 2011-2012. Proceeds from this sale of Prop A funds will be deposited in the GIP Fund ($121,000) and the Traffic Improvement Fund ($31,570). BACKGROUND/DISCUSSION: Proposition A, the half-cent sales tax for transit, was approved by the voters in 1980. The revenues generated through this half-cent sales tax are to be used toward the development of transit related programs, which are administered by the Los Angeles County Metropolitan Transportation Authority (Metro). In administering the program, Metro has been distributing Local Return Funds directly to cities. The City must use its Local Return Funds within three (3) years from the date of receipt or the funds must be returned. The City has used Local Return Funds to fund the Dial-A-Cab Program and to enable residents and seniors to purchase transit passes at discounted rates. The City of West Hollywood wishes to purchase $209,000 in Prop A funds at the exchange rate of $0.73 per each $1.00 and has agreed to use the funds for transit purposes. At this exchange rate, the City of Diamond Bar would receive $152,570 in unrestricted funds. On June 20, 2011, the City Council for West Hollywood authorized and approved the Prop A Fund exchange with the City. Upon approval by the City, a check in the amount of$152,570 will be forwarded to Diamond Bar. In the past, these funds were allocated by Council for use by the Neighborhood Traffic Management Program (NTMP), the SR 57/60 Feasibility Study, the Illuminated Street Name Sign Project, the Diamond Bar Blvd/Maple Hill Traffic Signal, etc. For FY 2011- 2012, 011-2012, $121,000 will be used towards the Pathfinder Road Rehabilitation Project, which is identified in the CIP Program. PREPARED BY: Patrick Gallegos, Senior Management Analyst Date Prepared: June 29, 2011 REVIEWED BY: David G. Liu, Director of Public Works Attachment: Resolution No.2011-XX Fund Trade Agreement RESOLUTION 2011-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND APPROVING THE SALE OF $209,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF WEST HOLLYWOOD WHEREAS, the City of Diamond Bar wishes to transfer $209,000 of its uncommitted Proposition A Local Return Transit Funds to the City of West Hollywood to provide ongoing operating funding and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; and WHEREAS, the City of West Hollywood has offered to assign $152,570 in General Funds to be deposited into the City of Diamond Bar's Traffic Improvement Fund; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved; and WHEREAS, the City of Diamond Bar plans to expend these funds to augment the City's capabilities in providing traffic related improvements. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. The exchange of $209,000 of Proposition A Local Return Funds in exchange for the assignment of $152,570 in General Funds to be deposited into the Traffic Improvement Fund ($31,570) and CIP Fund ($121,000) is authorized and approved. SECTION 2. The City Manager is authorized to execute, on behalf of the City, any required documents to effectuate this exchange of funds. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of West Hollywood. PASSED, APPROVED AND ADOPTED this 5th day of July, 2011. Mayor Steve Tye ATTEST: Tommye Cribbins, City Clerk 1, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of July, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE CRIBBINS, City Clerk City of Diamond Bar ASSIGNMENT AGREEMENT PROP A LOCAL RETURN FUND EXCHANGE This Assignment Agreement is made and entered into this 5th day of July, 2011, by the City of Diamond Bar, California and the 20th day of June, 2011 by the City of West Hollywood, California with respect to the following facts: A. The City of West Hollywood provides a community shuttle and demand-response services to serve people with disabilities and the general public. Given the grave traffic congestion and parking problems of the City, West Hollywood is committed to reducing auto dependency by providing alternative modes of transportation. Adequate Proposition A Local Return funding for transit services are not available given the limited amount of West Hollywood's Local Return allocation and the needs of other priority transit projects in the City. B. The City of Diamond Bar has uncommitted Proposition A Local Return funds which could be made available to West Hollywood to assist in providing the services discussed in Paragraph A of this Agreement. In exchange for the assignment by West Hollywood of the amount of its general funds indicated in Section 1 below, the City of Diamond Bar is willing to assign uncommitted Proposition A Local Return funds to West Hollywood for the purpose identified in Paragraph A. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. The City of Diamond Bar agrees to assign $209,000 of its Fiscal Year 2011/2012, Proposition A Local Return funds to West Hollywood. In return, West Hollywood agrees to assign $152,570 of its general funds to the City of Diamond Bar. The exchange rate is $.73/$1.00. 2. Consideration. The City of Diamond Bar shall assign the agreed upon Proposition A Local Return funds to West Hollywood in one lump-sum payment. West Hollywood shall assign the agreed upon general funds to the City of Diamond Bar in one lump-sum payment. The payment shall be due and payable upon execution of this Agreement, and upon approval by Los Angeles County Metropolitan Transportation Authority (LACMTA) of the City of West Hollywood's project description. Each payment shall be based on the exchange rate in accordance with the exchange rate described in paragraph 1. 3. Term. This Agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this Agreement. 4. Termination. Termination of this Agreement may be made by either party so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination. Assignment Agreement City of Diamond Bar, Approval: July 5, 2011 City of West Hollywood Approval: June 20, 2011 5. Notice Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: A. James DeStefano City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 B. Paul Arevalo City Manager City of West Hollywood 8300 Santa Monica Blvd. West Hollywood, CA 90069 6. Assurances A. West Hollywood shall use the assigned Proposition A Local Return funds only for the purpose of providing the services discussed in Paragraph A of this Agreement and within the time limits specified in LAC Metro's Proposition A Local Return Program Guidelines. B. Concurrently with the execution of this Agreement, West Hollywood shall provide LAC Metro with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition A funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return funds. DIAMND BAR AGR 2011 2 Assignment Agreement City of Diamond Bar, Approval: July 5, 2011 City of West Hollywood Approval: June 20, 2011 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by the CITY OF WEST HOLLYWOOD on June 20, 2011 and by the CITY OF Diamond Bar on July 5, 2011. CITY OF DIAMOND BAR CITY OF WEST HOLLYWOOD BY BY: Glenn Steinbrink, Interim Finance Anil Gandhy, Director of Finance Director BY: BY: James DeStefano, City Manager Paul Arevalo, City Manager ATTEST: BY: BY: Tommye Cribbins, City Clerk Corey Schaffer, City Clerk DIAMND BAR AGR 2011 3 Agenda # R i crT Meeting Date: July 5, 2011 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Approval of Memorandum of nderstanding, Lease Agreement, and Landlord's Work Letter between the City and the County of Los Angeles Public Library for construction and operation the new Diamond Bar Library RECOMMENDATION: Approve contract documents between the City and the County of Los Angeles related to the construction and operation of the new library. FINANCIAL SUMMARY: The Memorandum of Understanding primarily addresses the future levels of service at the new library and the utilization of property tax revenues dedicated to library purposes. The other two contractual documents, the Lease Agreement and the work letter,have financial implications to the City as discussed in detail below. BACKGROUND: In September 2010 the City purchased a 57,000 square foot building located at 21810 Copley Drive, Diamond Bar, CA 91765. Following the purchase of the building, the City hired LPA Inc. to'provide architectural services for a new County of Los Angeles public library and Diamond Bar City Hall. The. City hired the architect under one contract to design both projects and the County agreed to reimburse the City for design costs of the library. The plans and specifications for both projects were recently completed and the City solicited bids for construction of both the library and City Hall. On Tuesday, June 28, 2011 construction bids were received from qualified bidders and the City is ready to award a contract for the construction of the project. However, prior to the award of the construction contract, it is necessary to approve contractual agreements between the City and the County of Los Angeles that will govern the construction,_of the_.project, reimburs.ement_of the City's costs related to the County library, library services to be provided in the new library and the cost of those services, and the landlord/tenant relationship between the County and the City. DISCUSSION Over the last several months, representatives of the City and the County of Los Angeles have been meeting and discussing all aspects of the construction project as well as the ongoing relationship between the two parties after construction is complete. The attached documents represent the culmination of those discussions and include the following: 1. Memorandum of Understanding (MOU) 2. Lease Agreement 3. Landlord's Work Letter for Construction The new library, which is significantly larger than the existing facility, will result in increased operating costs for additional staff, increased maintenance and other operational expenses. The County estimates these increased costs to be approximately $200,000 per year. The County cannot absorb this significant increased operational costs based on the current funding level for library services. Currently, a portion of property,taxes paid by Diamond Bar residents provides approximately $1.5 million annually for library services in the City. In FY 2009-10 the cost to operate the Diamond Bar library was approximately $1.5 million. Therefore, the increased operational costs cannot be absorbed by current funding levels. However, with the relocation of the library to a new, City-owned facility, there are current expenses, such as building and landscape maintenance costs, that are proposed to be paid by the City. As a result, library funds currently used for these expenditures are available to offset a portion of the increased operational costs. In addition, due to the design of the existing electrical, mechanical and plumbing systems in the new building, it is not practical to separate utilities costs between the library and City Hall. It is proposed that the City absorb these costs, as provided in the attached lease agreement. This further allows the County to use funds currently allocated for these expenses for additional operating costs associated with operating a larger library. It is estimated that the City can offset approximately $100,000 of existing library costs while the County has agreed to fund the remaining $100,000 of additional annual operating expenditures 2 MEMORANDUM OF UNDERSTANDING (MOU) The additional operational costs can only be estimated and actual annual savings by the County 'cannot be quantified with precision at this time. Also, as the housing market continues to reboundand additional development occurs in the City, property-tax revenue will increase over time. As a result there may be surplus funds available for library services over time. These surplus funds, also known as "set aside funds", will be dedicated for library services in the City. The attached MOU between the City and County generally describes the level of service at the new facility, the process for the City to participate and provide direction to the County Librarian with respect to service levels as it relates to available funding, as well as the use of the set aside funds. ,The MOU clearly states that all property tax revenue dedicated for library use shall only be used to provide library services in Diamond Bar and that the use of said funds shall be mutually agreed upon by the City and County. LEASE AGREEMENT The City owns the property located at 21810 Copley Drive and has agreed to provide approximately 18,000 sq. feet of dedicated library space and an additional 6,000 sq. feet of common or joint use space for a total of approximately 24,000 sq. feet for library services. The attached Lease Agreement documents the agreed upon responsibilities of each respective party(City and County) for the operation and maintenance of the new facility as well as the joint use and common space. The highlights of the Lease include the following: County shall pay rent in the amount of$1 a year ® The term of the lease shall be 40 years** City shall pay for all building, janitorial, building and landscape maintenance costs as well as all utility costs.including'water,electricity, and gas. Attached is a breakdown of the City's anticipated expenditures for the library space. ® County shall be responsible for maintenance of all County equipment, non concealed low voltage wiring, equipment.and data lines, and replacement- of all flooring material such . as carpet and other library furniture, fixtures and equipment. • City shall be responsible for scheduling of the joint use community room. However,. County shall have use of the room for library purposes at no charge subject to City approval. ** Both parties have the ability to cancel the lease and the procedures and provisions of such cancellation are identified in the agreement: 3 LANDLORD'S WORK LETTER The attached work letter between the City and the County describes:the relationship between the City and the County as,it relates to the construction of the library space. The _City_has _agreed to oversee and manage.the construction of the library-space concurrent with the construction of City.Hall. By constructing both projects at once, the City and County can take advantage of the operational efficiencies and economies of scale to reduce the cost of each individual construction project. The award of the construction contract is on the Council's agenda for approval tonight under a separate agenda item. If approved, the City Council will award a single contract for construction of the library and City Hall to a single General Contractor. However, since the County has agreed to reimburse the City for all costs related to the construction of the library, these costs need to be separate and distinct from the construction costs for City Hall. As a result, the scope of work for the library and City Hall were identified separately in the construction bid documents. The General Contractor was required to provide a separate construction cost, itemized by each trade and/or subcontractor, for both City Hall and library. In addition, per the project plans and specifications, the contractor is required to invoice the City separately for each project (City Hall/Library) so that the associated costs of each project can be tracked separately. The Work Letter contractually obligates the City to provide to the County lease space that, has been constructed in accordance with the approved project plans and specifications. In return the County is contractually obligated to pay for said improvements and to relocate the library operations to the new facility. In addition to the construction costs, the County agrees to reimburse the City for all actual costs associated with construction of the library including but not limited to engineering fees, special inspection fees, construction management fees, plan check and permit fees, as well as all furniture, fixtures and equipment. The Work Letter prescribes the method for approving progress payments, change orders and other procedural and administrative processes related to the construction of the library space. It should be noted that the while the City is obligated to pay the contractor for the construction of the library space, the County has committed to reimburse the City within 30 days of any payment to the contractor. APPROVAL BY COUNTY BOARD OF SUPERVISORS These documents are scheduled for consideration by the Los Angeles County Board of Supervisors, with a recommendation of approval from Los Angeles County ,Supervisor Don Knabe, at its meeting of July 5, 2011. It is anticipated that the Board will havee approved the documents prior to the Council consideration. 4 SUMMARY With the approval of these contractual documents and subsequent approval of the construction contract, the project to build a new, permanent Diamond Bar City Hall and Diamond Bar Library will commence on July 12, 2011. The .completion of City Hall construction and relocation of City offices is expected to occur in late 2011 or early 2012. The completion of library construction and relocation of the Diamond Bar library is expected to occur in summer/fall 2012. Staff will provide regular updates on the progress of the construction to the Council and the community as appropriate. PREPARED BY: David Doyle ` Assistant City Manager Attachments 1. MOU 2. LEASE AGREEMENT 3. WORK LETTER 4. Building Maintenance Costs Library and City 5 Agreement No. PL-DB-01 of LOQ F lr Y r Y ' 'q.x 4LIF0 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF DIAMOND BAS FOR THE DIAMOND BAR LIBRARY MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF LOS ANGELES AND THE CffY OF DIAMOND BART FOR THE DIAMOND BAR LIBRARY TABLE OF CONTEN TS PARAGRAPH TiTLE PAGE RECITALS.......................................................................................... ........ .......... 2 1. SERVICE LEVELS ................. ...................... ............................................... 3 . 2. S.ET/SIDE FUNDS........................................................... ........................... 4 3. SET ASIDE FUND EXPENDITURES .....................*................................... 4 4. OTHER PROVISIONS................................ ...........................i..�.................... 5 Agreement No. PL-DB-01 MEMORANDUM OF UNDERSTA'DII�G BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF DIAMOND BAR FOR THE DIAMOND BAR LIBRARY This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is entered into as of the day of , 2011, by and between the COUNTY OF LOS ANGELES, a body corporate and politic and a political subdivision of the State of California, (hereinafter "County"), and the CITY OF DIAMOND BAR, a municipal corporation, (hereinafter "City") RECITALS WHEREAS, the County owns the Diamond Bar Literary and the real property on which the library sits, located at 1061 S. Grand Avenue, Diamond Bar, CA 91765; and WHEREAS, the County and the City desire an improved library facility and enhanced services for the public, and recognize that the existing library is undersized to meet the needs of the current service population; and WHEREAS, the County and the City both wish for the City to remain within the County Library'System; and WHEREAS, the City recently purchased a two-story building and the real property upon which it sits, located at 21810 Copley Drive, Diamond Bar, CA 91765 for use as a City Hall and other- municipal functions; and WHEREAS, the City has offered to provide approximately,24,000 sq. ft. of dedicated and shared space on the first floor of the building for use as a library and for the Diamond Bar Library to be relocated from its current location to 21810 Copley Drive, Diamond Bar, CA 91765; and WHEREAS, the City, through separate agreements, engaged the services of an Architect to provide professional design, architectural and engineering services for the interior renovations of the building and a Library Consultant to provide programming, design development and coordination service; and WHEREAS, on March 1, 2011, the Board of Supervisors authorized the County's Chief Executive Officer to execute a funding agreement with the City of Diamond Bar for architectural services for the Diamond Bar Library at an amount not to exceed $550,000; and WHEREAS, the County will fund all costs associated with the design, , construction and furnishing of the Diamond Bar Library at a cost, not to exceed HOM01096.1 2 Juice 29,2011. the current estimate of $5 million; such funding is under the condition that the Cityagrees to stay within the County Library system for a minimum of ten years unless the City chooses to exercise the withdrawal terms contained in Section 4.B and WHEREAS, the.County and the City both recognize that a majority of the property taxes paid by City property. owners reserved.for the County Library System are actually used to fund the operations of the Diamond Bar Library; but that over the next several years, the amount of such property taxes collected frorn the City property owners, will periodically exceed the operating costs of the facility; and WHEREAS, the County and the City both believe that these excess funds should primarily be used to implement the neve library project or enhance services at the existing County library, which will accomplish the mutually desired improvement in the facility and services of the Diamond Bar Library; and WHEREAS, the County and the City will meet in November of each fiscal year to mutually determine the level of library service to be provided to the 'City on an annual basis. NO THEREFORE, in consideration of the foregoing and of the promises and covenants set forth herein, the parties agree as follows:. '1. SERVICE LEVELS A. The County Library operates the Diamond`Bar Library that currently provides reference services, public access Internet computers, Willi and children's and young adult programming including regularly scheduled toddler and . preschool storytimes. The County Library currently conducts routine maintenance and repair of the library facilities including janitorial upkeep, landscaping/groundskeeping, and technological systems (telephones; internet connections etc.) for the library. The County will relocate its Library operations from its existing facility at 1061 S. Grand Avenue in Diamond Sar to the new facility at 21810 Copley Drive and will transfer, from the existing library all such equipment, book, periodical and other collections and other supplies and amenities as are owned by County and appropriate for transfer. Such transfer shall be at County expense.. County's occupancy of the new Diamond Bar Library and the parties' respective maintenance responsibilities for the new Library will be governed by a lease agreement. S. . The County Library and City shall meet on an .annual basis to determine the service levels :for the. operation of the Diamond Bar Library based on available revenue. All of.the ad valorem property tax revenue collected from property located. within the City'which is HOA.801096.1 3 June 29,2011 reserved for the County Free Library System will be .used to support library services at the Diamond.Bar-Library. In the event that the costs of service.for the library located within the City exceed the available property tax revenue, the County Library and City will mutually determine any service level reductions that may be necessary. However,the City may elect to fund any costs that exceed available revenue to either maintain current service levels or• enhance service levels. County Library and City shall, mutually agree upon a schedule of invoicing for any financial contributions made by the City to maintain or enhance library services provided by the County Library to the City. 2. SET ASIDE FUNDS A. Currently, approximately 2.45% of the ad valorem property tax revenue generated from property located within the City is reserved for the support of the County Free Library System in accordance with the provisions of Article 2 (commencing with Section 96) of Chapter 6 of Part 0.6 of Division 1 of the Revenue and Taxation Code. B. For purposes of this MOU, "Set Aside Funds" shall refer to the yearly difference in the amount of property tax received from City property owners and reserved for the County Library, and the cost of providing Library services.at the Diamond Bar Library. C. Starting in fiscal year 2011-12, and continuing so long as this MOU is in place or as otherwise agreed upon in writing, the County Library will place Set Aside Funds in a separate budgetary fund with the intent of improving the facilities, providing more enhanced services and programs, or offsetting expenditures at the Diamond Bar Library. 'The parties mutually acknowledge that. the amount of Set Aside Funds varies from year to year and will continue to do so in the future. D. The County Library shall, for the duration of this MOU, continue to place Set Aside Funds in a separate fund within the County Library's budget. F. All Set Aside Funds currently in the separate account, and those which will be placed in the separate account .during the pendency of this MOU, will be used solely to improve library facilities and services within the City unless this MOU is unilaterally terminated by one of the parties before expiration. if this MOU 'is terminated, any unexpended Set 'Aside Funds remaining in the separate: account shall be spent in accordance with Section 4.K intra. HOA.801096.1 4 June 29,2011 F. The parties agree that any furnishings, equipment and collection improvements purchased with Set Aside Funds for the library shall remain the property of the County Library. 3. SETT ASIDE FUNDS EXPENDITURES A. Set Aside Funds may be used for both one-time improvements such as capital improvements and materials purchases, and for on-going service enhancements at the library (such as increased Library hours on Sunday or increased staffing levels or additional programs), and for additional needs as mutually agreed. B: The City and County Library, for the duration of this MOU, shall meet in November of each year to discuss the use of Set Aside Funds in the fiscal year beginning on the following July, 1. No less than four weeks before each of the required November meetings, the Diamond Bar City Council shall take formai action to approve a prioritized list of issues to be discussed at the yearly meeting. if the City Council fails to approve such a list, the County Library shall assume that City issues and priorities remain unchanged from the most recent previously approved list provided by the City. The purpose of these meetings is to reach agreement on an expenditure program for the Set Aside Funds in the next fiscal year; however, these. meetings are advisory in nature and nothing in this section is intended to divest the County Library, or the County of Los Angeles, of any authority to control or use Set Aside Funds. This section shall not be construed as a limit to the frequency of meetings between the parties and the parties hereby express a willingness to meet as frequently as necessary to resolve issues related to Set Aside Funds or the library services. The provisions of this section shall survive the natural expiration of this MOU and shall continue in effect so long as Set'Aside Funds are required by any provision of this MOU to be spent on improving the DiamondBar Library facilities and providing more enhanced services and programs at the Diamond Bar Library. C. It is anticipated that the.City will be primarily responsible for the design and 'oversight of the construction. of the newlibrary, and that the County will. be primarily responsible for the furnishing of the facility contemplated by this MOU, including the provision of book, periodical and other collections appropriate for the size and usage of the library and consistent with the quantity and quality of libraries of similar size operated by the County. D: All final plans for construction of the Diamond Bar Library must be reviewed by the City's Building and Safety Division to assure compliance with zoning and building codes, and all final plans area ?HOA.801096.1 5 lune 29,2011 subject to the mutual approval of the City and County. E. Except as specifically provided herein, all costs associated with the design, construction and furnishing of the facility will be paid by the County at a cost not to exceed the current estimateof $5 million. Should the projected costs exceed $5 million at any time during construction; the City and County shall meet and mutually agree upon a financial plan to complete the project. 4. OTHER PROVISIONS A. If during the duration of this MOU or anytime thereafter, the City notifies the County of Los Angeles Board"of Supervisors that the City no longer desires to be a part of the County Free Library System, (pursuant to California Education Code section 19116 or any other means), any unspent Set Aside Funds accrued at any time shall remain in the control of the County Library to spend at its sole discretion, including at other County Library facilities, and this MOU shall terminate at the time such notice is provided if it, is still in operation at the time notice is given. B. In the event the City elects to withdraw from the County Library System before ten years from the date the Diamond Bar Library is completed, the City shall return to the County Library $1,369.56 foreach calendar day from the day after the City gives notice of its intent to leave the County Library System through the last day of the ten year period. C. This MOU shall not be construed to place any limitations on the City's ability to raise funds for contribution to the library services within the City, nor shall it limit the right of City or County Library to apply for and receive grants or State bond proceeds for library purposes. D. In the performance of its obligations under this MOU, the parties shall, comply with all applicable laws, regulations, standards and ordinances. E. The City shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions,s fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the City's acts and/or omissions arising from and/or relating to this MOU. F. The County shall indemnify, defend and hold harmless the City, its elected and appointed officers, employees, and agents, from and against aiiy and all `liability, including but not limited to demands, claims, actions, fees, costs, and,`expenses (including attorney and HoA801096.1 - 6 June 29,2011 expert witness fees), arising from or connected with the County's acts and/or omissions arising from and/or relating to this MOU. G. All notices of matters under this N40U shall be given in writing by first class mail or personal delivery. Mailed notices shall be addressed as set forth belov�,, but either pas=ty may change its address by giving written notice thereof to the other in accordance with the provisions of this section: CITY: City of Diamond Bar ATTN: City Manager 21825 E. Copley Drive Diamond gar, CA 91765 COUNTY LIBRARY: County of Los Angeles Public Library ATTN: County Librarian 7400 East Imperial Highway Downey, CA 90242 H. The laws of the State of.California shall govern the interpretation and enforcement of this MOU. Any action, suit or proceeding related to or arising from this MOU shall be filed in the Los Angeles. County Superior Court. I. The term of this MOU shall be from.the date of complete execution of this MOU by both parties until June 30, 2041 unless sooner terminated as provided elsewhere herein. However, the term of this MOU shall be automatically extended two (2) times for an additional ten (10) years unless written objection to extension is given at any time by either party. Objection by any party to the automatic extension provisions of this MOU shall not be considered termination of the MOU by that party for purposes of Section 4.K of this MOU. At the expiration of this. MOU the County Library will cease placing Set Aside Funds in a separate account; however unless this MOU has been terminated by either party, and under the terms and procedures of Sections 2.E and &B of this agreement, supra, Set Aside Funds accrued during the pendency of this MOU shall be used to enhance County Library facilities and services within the City until such funds are exhausted. J. Any amendments to this MOU shall be in writing and executed by both parties. K. Either party may unilaterally terminate this MOU for any reason upon' 120 days written notice. Upon unilateral termination of this MOU, any remaining Set Aside Funds will be used as follows: HOA.801096.1 7 June 29,2011. (1) If County terminates the MOU, any remaining Set Aside Funds will be used solely to improve facilities, services, and programs at libraries within the City. (2) If City terminates the MOU, any remaining Set Aside Funds will remain in the control of the County Library to spend in its sole discretion, including at other County Library facilities. (3) If the MOU is terminated by mutual written agreement of the City and the County, the parties shall agree upon the use or uses of the remaining Set Aside Funds as part of the termination agreement. L. This MOU is made and entered into for the sole benefit of the parties hereto. No other person or entity shall have any right of action based upon any provision of this MOU. M. This MOU shall be deemed to have been prepared jointly and equally by the parties,. and none of its terms shall be construed against any party on the ground that the party prepared the MOU'or caused it to be prepared. N. This MOU constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, both written and oral. .This MOU may not be modified or amended except in writing signed by all parties hereto. 0. If any provision of this MOU or the application thereof to any person or' circumstance is held invalid, the remainder of this MOU and the application of such provision to other persons or circumstances shall not be affected thereby. P. The persons executing this MOU on behalf of each of the parties warrant and represent that they have the authority to execute this MOU on. behalf of the party for whom they execute and have the authority to bind the party to the obligations hereunder. HOA.801096.1 8 Jnne 29,2011 INWITNESS WHEREOF, the County. and the City have executed this Agreement as of day, month and year first above written. CITY OF DIAMOIID BAR COUNTY OF LOS ANGELES James DeStefano Margaret Donnellan Todd City Manager County Librarian Dated: Dated: ATTEST: APPROVED AS TO FORM: Andrea Sheridan Ordin Tommye Cribbins County Counsel City Clerk By Jill Jones APPROVED AS TO FORM: Deputy County Counsel City Attorney LIACOMMON\BOARD LETiERSORAFTS1060711 Pub LJb_Diamond Bar Lease Agreement and MOMPL_Diamond Bar library Lease and MOU-MOU FINAL.DOC HOA.801096.1 9 June 29,2011 COUNTY OF LOS ANGELES CHIEF EXECUTIVE OFFICE LEASE AGREEMENT DEPARTMENT: PUBLIC LIBRARY, as Tenant LANDLORD: CITY OF DIAMOND BAR ( 21810 COPLEY DRIVE,DIAMOND BAR 4 - `` TABLE OF CONTENTS Page 1. BASIC LEASE INFORMATION................................................................. ....... 10 (a) Landlord's Address for Notice:......................................................................... 10 (b) Tenant's Address for Notice: ................................................. 10 (c) Premises:.*.............................................................. .......................................... 10 (d)Building'........................................................... .............................................11 (e) Term ...................................................I................................................ �qn: .... ........11 (f)_Projected Commencement Date:............................................................I...........11 (g)-Cominencement Date:..... ..................... .................... ... ... ...I........ (h) Irrevocable Offer Expiration Date:....................................................................11 (i) Basic Rent: ........................................................................................................ I I Early Termination Notice Date: ........................................................................11 W Rentable Square Feet in the Premises................................................................11 1) Use. .................................................................................................................. 11 (in) Initial Departmental Use: ................................................................................11 (n) Parking Spaces:................................................................................................. 11 (o)Normal Working Hours:................................... .... .........................................12 (p) Asbestos Report:............................................................................................... 12 1.2 Defined Terms Relating to Landlord's Work Letter..............................................12 1.3 Exhibits to Lease:............... ................................................................................13 1.4 Landlord's Work Letter:....... ... ............................................13 2. PREMISES ...........................................................................................................13 3. COMMON AREAS.................................................... ........................................13 HOA.801096.1. ~^ ~^ ~^ ' ^ ` ` 4[ COMMENCEMENT AND EXPIRATION DATES..............................................]4 ' � .5. RENT.................................................................................................................... } `. ' . ' 6. USES —..,...-------.—.—...~-----...-'.—.._.-..,---`—..—.— 15 7. HOLDOVER '—^--'--'''---^^.—'—'.^—'----''.---_--,.---.,._.--.'— 15 � ` ' . 8. COMPLIANCE WITH LAW______.~.~,,.-_._--._.,--.—_-.—.—.. 15 9. DAMAGE OR .---.--.--.._-.....--,,..__,__,___ }5 10. REPAIRS AND .,.....—'',_--_____.,__.__..,_. |6 ' ' ` lL SERVICES AND}JTTLTTTES. _---------._—..,-,.---.--.__. 18 � `^ HVAC '---~.'^^^^^~-'`----'-''`'^—'----^^,----.—....---.. 18 ' ' � ' ^_~^'--'—_--'--`'~^^--'----,.^--,—_--.__---..18 ''---''—'^'~'~'—^—^--^—'—^~^,---'''—_-.--__..—'—.-.,-18 / —.--------.—~..._---.—.—.,---.------._--- }8 ` .^--.-.--..—_.----.---.—,.....-.---.---._.—_.-_. }9 , ^ 12. LANDLORD ACCESS ...................................................................................... lg � ` 13. ._-._~--.---....._~--`.--_.—.------ l0 ' ` � 14. LANDLORD DEFAUL]C ------_--...'...—....—..,--...--.--.—.-. lQ ' ` ' ,___~____,—_____.__.____.~—_-.~---� 20 ' `' Remedies r~.---.. (0)-Walv .................. ..........................................................................................20 -----_-----'------'--''--..—_—.-._..----'._..-2A 15. ASSIGNMENT AND SUBLETTING...............................................................20 ' 16. ALTERATIONS AND ADDITIONS. ...............................................................20�. , \7. ^---...----.,...—_-_.-..—._---'°-.�.---. `21 � ' . � 18. —.--.~—^------......-..--...^--.--_~.--...22 l9. ..~,.--,--------_—.—.—...—. .---`-...�..-_�.,_'...22 .�' 2O. ��^B��[N(�'—_-..._._._.----�--.—..---..' .-__-..—._`..�' �3 � ' ,. ' �-'---. aVA.8010961 '� ' � ` � ` � ' ^ `/�� ` � June 2i2oll � 21. ENVIRONMENTAL MATTERS................................ .....................................23 22. ESTOPPEL CERTIFICATES..............................Error! Bookmark not defined. 23. TENANT IMPROVEMENTS ...........................................................................24 24. LIENS................................................I...............................................................24 . 25. SUBORDINATION AND MORTGAGES..........Error! Bookmark not defined. 26. SURRENDER OF POSSESSION.................................... .................:.:........25 27. SIGNAGE............................:.............................................................................25 28. QUIET ENJOYMENT.......................................................................................25 29. GENERAL.................................. I.............................................. .................25 30. AUTHORITY..... ...........I...................... ............................................................26 31. ACKNOWLEDGEMENT BY LANDLORD......................................................27 32. IRREVOCABLE OFFER........................................................I.............. ...............28 June 29,2011 HOA 801096.1 iii COUNTY OF LOS ANGELES CHIEF EXECUTIVE OFFICE LEASE AGREEMENT THIS LEASE is entered into as of the day of 2011 - between CITY OF DIAMOND BAR ("Landlord" or "City"), and COUNTY OF LOS ANGELES, a body politic and corporate ("Tenant" or "County")., Landlord and Tenant agree: BASIC LEASE INFORMATION. The following terms as used herein shall have the meanings provided in this Section, unless otherwise specifically modified by provisions of this Lease. 1.1 Defined Terms Relating to the Lease: Landlord's Address for CITY OF DIAMOND BAR Notice: 21810 COPLEY DRIVE DIAMOND BAR CA 91765 Attention : City Clerk Tenant's Address for Board of Supervisors Notice: Kenneth Hahn Hall of Administration, Room 383 500.West Temple Street Los Angeles, California 90012 With a copy to: Chief Executive Office Real Estate Division 222 South Hill Street, 3rd Floor Los Angeles, California 90012 Attention: Director of Real Estate And Public Library Executive Office 7400 E. Imperial Highway Downey, California 90242 Attention: County Librarian Premises: Approximately 18,000 rentable square feet and access to approximately 6,000 sq. ft. of shared HOA.801096.1 10 June 29,2011 space on the first floor of the Building (defined below) as shown on Exhibit A attached hereto. BuildinThe two-story building located at 21810 Copley Drive, Diamond Bar, CA 91765 which is located upon the real property currently assessed by the County Assessor as APN 8293- 050-022 (the"Property") Term: Forty (40) years commencing upon Tenant's Acceptance of the Premises as defined in Section 4(a) (the "Commencement Date"); and terminating at midnight on the day before the Fortieth anniversary of the Commencement Date (the "Termination Date"), subject to earlier terinination by. Tenant as provided herein. The phrase "Tenn of this Lease" or "the Tenn hereof' as used in this Lease, or words of similar import, shall refer to the initial Term of this Lease together with any additional Extension Term for which an option has been validly exercised. Projected January 1, 2012 Commencement Date: Commencement Date: TBD Irrevocable Offer August 31,2011 Expiration Date: Basic Rent: $1.00 per year Early Termination N/A Notice Date: Rentable_ Square Feet Approximately 18,000 in the Premises: Use: . General public library use Initial Departmental Public Library Use: - Parking Spaces: Non-exclusive use of XXX available parking - spaces HOAM1096.1 11 June 29,,2011 Normal Working Library operating hours as mutually agreed to Hours: by the County and City,except New Year's. . Day, Martin Luther King, Jr. Day, President's Day, Memorial Day; Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day (on the days such holidays are generally observed) and such other holidays as are generally recognized by the County of Los Angeles, California. Asbestos Report: N/A. Defined Terms Relating to Landlord's fork Letter: Maximum Tenant $4,450,000 Contribution: Tenant's Work Letter Fred Hungerford Representative: Chief Deputy Public Library Landlord's Work David Doyle Letter Representative: Assistant City Manager City of Diamond Bar Landlord's Address for CITY OF DIAMOND BAR Work Letter Notice: 21810 COPLEY DRIVE DIAMOND BAR CA 91765 Attention : Cites Tenant's Address for Board of Supervisors Workletter Notice: Kenneth Hahn Hall of Administration, Room 383 500 West Temple Street Los Angeles,.California 90012 With a.copy to: Chief Executive Office Real Estate Division 222 South Hill Street, 3rd Floor Los Angeles, California 90012 Attention: Director of Real Estate HOA 801096.1 12 June 29,2011 And Public Library Executive Office 7400 E. Imperial Highway Downey, California 90242 Attention: Chief Deputy Exhibits to Lease: Exhibit A-Floor Plan Exhibit B - Commencement Date Memorandum Exhibit C -Cleaning and Maintenance - Schedule Exhibit D - Landscape and Grounds Maintenance Exhibit E -Tenant Estoppel Certificate Exhibit F- Subordination,Non-disturbance and Attornment Agreement Exhibit G-Nondisturbance Agreement Exhibit H -Request for Notice Landlord's Work Letter Landlord's Work Letter (executed concurrently with this Lease_ and Addendum A: Base Building Improvements' made a part hereof by this reference): Addendum B: Tenant Improvements Addendum C: Tenant Improvement Specifications/ Scope of Work Addendum D: Construction Manager Scope of Work Addendum E: County Library Low Voltage Specifications Addendum F: Project Budget PREMISES Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, upon the terms and conditions herein set forth, the Premises described in Section 1 and Exhibit A attached hereto for the purpose of operating a public library in the Premises in conformance,with Tenant's standard policies, procedures for library operations COMMON AREAS. Tenant may use the following areas ('!Common Areas") in common with Landlord and,other tenants of the Building: the entrances, lobbies and other public areas of the Building, walkways, landscaped areas, driveways necessary for access to the Premises;parking areas and other comrnon facilities designated by Landlord from HQA.801096.1 13 June 29,2011 time to time for common use of all tenants of the Building. Tenant shall comply with all reasonable, non-discriminatory rules and regulations regarding the use of the Common Areas established by Landlord. City shall be solely responsible for scheduling the temporary use of the community meeting room. The meeting room shall be used in the following priority order: 1) regularly scheduled meetings of City elected and appointed bodies; 2) regularly scheduled library activities; 3) non-regular City meetings; and 4) community meetings. City shall exercise its best efforts to meet County Library's,needs for use of the rooms and not displace regular library meetings or activities. County shall be exempt from paying any rental fee for use of the community meeting room for meetings and events sponsored, organized, or hosted by the County Library, subject to approval in advance by the City. COMMENCEMENT AND EXPIRATION DATES Term. The term of this Lease shall commence upon the Commencement Date and terminate on the Termination Date. Within 30 days of determining the Commencement Date, Landlord and Tenant shall acknowledge in writing the Commencement Date by executing the Commencement Date Memorandum and Confirmation of Lease Terns attached as Exhibit B. The Commencement Date shall begin 30 days after Tenant's Acceptance of the Premises. The term "Tenant's Acceptance of the Premises" as used in this Lease shall mean the date upon which the Premises are Substantially Complete, Tenant has inspected the Premises and Tenant has accepted the Premises. The term "Substantially Complete" or "Substantial Completion" as used in this Lease shall mean compliance with all of the following: (1) the shell and core of the Building are complete and in compliance with all applicable laws and codes, and all of the building systems are operational to the extent necessary to service the Premises; (2) Landlord has sufficiently completed all the work required to be performed by Landlord in accordance with this Lease, including the installation of Landlord supplied furniture, shelving and equipment including modular furniture systems, if so required (except minor punch list items which Landlord shall thereafter promptly complete), such that Tenant can conduct norinal business operations from the Premises; (3) Landlord has obtained a certificate of occupancy for the Building, or a temporary certificate of occupancy for that portion of the Building that includes all of the Premises, or its equivalent; Early Possession. Tenant shall be entitled to possession of the Premises not less than 30 days prior to the Commencement Date for the purpose .of installing Tenant provided furniture,fixtures and equipment in the Premises. Such early occupancy shall be subject to all provisions hereof but shall not advance the Termination Date. Early Termination. The parties acknowledge that they have entered into this Lease to effectuate the provision of public library services in connection with an executed Memorandum-of Understanding (MOU)between the City and the County. The MOU sets forth the City's and County's responsibilities with respect to using tax dollars HOA.801096.1 : 14 June.29,2011 to provide library services for the Diamond Bar community as part of the overall County Free Library System. In the event the City elects to withdraw from the County Free Library Free System, this Lease shall be terminated. In the event the City elects to withdraw from the County Free Library System before ten years from the date the Diamond Bar Library is completed, the City shall return to the County Library$1,369.86 for`each calendar day from the day after the City gives notice of its intent to leave the County Free Library System through the last day of the ten year period. RENT. Tenant shall pay Landlord the Basic Rent stated in Section 1 for the entire Tenn ($40.00) within 30 days after a claim therefore has been filed by Landlord with the County Library following occupancy by the Tenant. In the event that the agreement is terminated by either party prior to end of the teen the Landlord shall rebate to the Tenant the pro-rated amount of any excess rent.. USES. The Premises are to be used only for the uses set forth in Section 1 and for no other.business or purpose. HOLDOVER. If Tenant remains in possession of the Premises or any part thereof p after the expiration of the Tenn of this Lease such occupancy shall be a tenancy which is terminable only upon 90 days written notice from Landlord or 30 days written notice from the Chief Executive Officer of Tenant subject to all of the teens, covenants and conditions of this Lease. COMPLIANCE WITH LAW''Tenant shall, at Tenant's expense, comply promptly with all 'applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term hereof, regulating the' use, occupancy or improvement of the Premises by Tenant. Landlord, not Tenant, shall, at its sole cost, at all times cause the Premises and the Building to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect and binding upon Tenant or Landlord during the teen hereof, including without limitation, the Americans with Disabilities Act, except to the extent such compliance is made necessary as a result of Tenant's particular use of or alterations or improvements to the Premises: DAMAGE OR DESTRUCTION. Damage. In the event any portion of the Premises is damaged by fire or any other cause rendering the Premises totally or partially inaccessible or unusable and the Premises may be restored to a complete architectural unit of the same value,condition and character that existed immediately prior to such casualty in less than 180 days,then Landlord shall promptly, at Landlord's expense, repair such damage and this Lease shall continue in full force and effect. If all or any portion of the Premises shall be made untenantable by fire or other casualty, Landlord shall immediately secure the area to prevent injury to persons and/or vandalism to the improvements. Landlord shall promptly, but in any event within ten days, cause an architect or general contractor selected by Landlord to provide Landlord and Tenant with a written estimate of the amount of time required to substantially complete the repair and restoration of the Premises and make the Premises tenantable again using standard working methods. The HOA.801096.1 15 June 29,2011 failure to do so shall be a material default hereunder. Tenant waives the provisions of California Civil Code Sections 1932(2) and'1933(4) with respect to any partial or total destruction of the Premises: Tenant Termination Right. In the event any portion of the Premises is damaged by fire or -any other cause rendering the Premises `totally or partially inaccessible or unusable and the Premises will not be restored to a complete architectural unit of the same value, condition and character that existed immediately prior to such casualty in less than 180 days for any reason, then Tenant may terminate this Lease by giving written notice within ten days after notice from Landlord specifying such time period of repair; and this Lease shall terminate. In the event that Tenant does not elect to terminate this Lease, Landlord shall promptly connnence and diligently prosecute to completion the repairs to the Building or Premises. - Damage In Last Year. Notwithstanding the foregoing provisions, if any material destruction to the Premises occurs during the last year of the Term, either Landlord or Tenant may terminate this Lease by giving notice to the other not more than 30 days after such destruction, in which case (a) Landlord shall have no obligation to restore the Premises, (b) Landlord may retain all insurance proceeds relating to such destruction, and (c) this Lease shall terminate as of the date which is 30 days after such written notice of termination. Default By Landlord. If Landlord is required to repair and restore the Premises as provided for in this Section and Landlord should fail to thereafter pursue said repair and restoration work with reasonable diligence to completion, Tenant may (a) declare a default hereunder or(b)perform or cause to be performed the restoration work. REPAIRS AND MAINTENANCE. Landlord Representations. Landlord represents to Tenant that (i),the Premises, the Building and all Common Areas, (including electrical, heating, ventilating and air conditioning ("HVAC'), mechanical,plumbing, gas and fire/life safety systems in the Building and similar building service systems) comply with all current laws, codes, and ordinances, including the Americans With Disabilities Act; and are in reasonable good working order and condition; (ii) the Building and Premises comply with all covenants, conditions, restrictions and underwriter's requirements; (iii) the Premises, Building and Common Areas are free of the presence of any Hazardous Materials (as hereinafter, defined); and (iv) Landlord has not received any notice from any governmental agency that the Building or the Premises are in violation of any law or , regulation. Landlord represents, based upon a professional'inspection of the Premises and the Building and the Asbestos Report that the Premises and the Building contain no asbestos containing materials. Landlord .Obligations, Landlord shall keep and inaintain in good repair and working order and promptly make repairs to and perforin maintenance upon and replace as needed: (i).the structural elements of the Building; including without HOA.801096.1 16 dune 29,2011 limitation, all permanent exterior and interior walls, floors and ceilings, roof, concealed plumbing, stairways, concealed electrical systems, concealed low voltage and data cabling; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building; (iii) the Common Areas; (iv) exterior windows of the Building; exterior and code required signage and (v) elevators serving the Building. Landlord, at its sole cost and expense, shall also perform all maintenance and repairs to the Premises, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted. Landlord's repair obligations include, without limitation, repairs to: (1) doors and(2) exterior signage. (c) Tenant Obligations Without limiting Landlord's Obligations, Tenant shall at Tenant's sole expense, be responsible for the cost of repairing any area damaged by Tenant or Tenant's agents, employees, invitees and visitors and the repair of low voltage electronic, exposed phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant. All repairs and replacements shall: (a)be made and performed by contractors or mechanics approved by Landlord, which consent shall not be unreasonably withheld or delayed; (b) be at least equal.in quality, value and utility to the original work or installation; and (c) be in accordance with all laws. The Tenant is responsible for the maintenance or replacement of any non-code related interior signage and floor coverings. The Tenant.is also responsible for repainting the interior side of dernising walls as mutually agreed by the Landlord and Tenant but not less often than . after ten years of use. The Landlord grants the Tenant the right to use County resources including Public Library and Internal Services Department (ISD) staff to complete any required maintenance or repairs. HOA.801096.1 17 June 29,2011 (d) Tenant's Right to Repair. If Tenant provides written notice (or oral notice in the event of an emergency such as damage or destruction to or of any portion of the Building structure and/or the Building 'systems and/or anything that could cause material disruption to Tenant's business) to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance, and Landlord failsto provide such action within a'reasonable period 'of time, given the circumstances, after the giving of such notice, but in any event not later than five days after the giving of such notice, then Tenant may proceed to take the required action (provided, however, that no such notice shall be required in the event of an emergency which threatens life or where there is imminent danger to property or a possibility that a failure to take immediate action could cause"a material disruption in Tenant's normal and customary business activities). If the nature of the required action is such that the same cannot reasonably be accomplished within such five day period, Landlord shall within such period commence `such cure and thereafter diligently prosecute the same to completion. Tenant shall have access to the Building to the extent necessary to perforin the work contemplated by this provision. If such action'was required under the terms of this Lease to have been taken by Landlord and was not taken by Landlord within such period (unless such notice was not required as provided above), and Tenant took such required action, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant's reasonable costs and expenses in having taken such action plus interest thereon at ten percent (10%)per annum SERVICES AND UTILITIES. Landlord shall furnish the following services and utilities to the Premises: Heating, Ventilation and Air Conditioning. Landlord shall. furnish HVAC, during' Normal Working Hours in amounts required for the use and occupancy of the Premises for normal public library purposes to a standard comparable to other first-class public libraries. Electricity. Landlord shall furnish to the Premises the amount of electric current provided for in the Working Drawings(if applicable) but in any event not less than seven watts of electric current (connected load) per square foot of Rentable Square Feet in the Premises, for power and lighting and electric current for HVAC, and Landlord shall provide the existing or new transformers or subpanels on each floor of the Premises necessary for Tenant to utilize such capacity in the Premises. Water. Landlord shall make available water for normal lavatory and potable water meeting all applicable governmental standards for drinking purposes in the Premises. Janitorial. Landlord shall provide janitorial service per the specifications set forth in Exhibit C attached hereto. HOA.801096.1 18 June 29,201.1 Landscaping and Grounds Maintenance. Landlord shall provide landscape and grounds maintenance services, including services for the Library reading patio,generally consistent with that fiu7iished at other of Landlord's municipal facilities. Access. Landlord shall furnish to Tenant's employees and agents access to the Premises and Common Areas on a seven day per week, 24 hour per day basis, subject to compliance with such reasonable security measures as shall from time to time be in effect for the Building. Utilities. Landlord shall directly pay for all gas,heat, light, power and sewer charges supplied to the Premises,together with any taxes thereon. Tenant shall be responsible for all telecommunications, data, and internet access charges.. LANDLORD ACCESS. Tenant shall permit Landlord and its agents to enter the Premises upon prior written notice for the purpose of inspecting the Premises for any reasonable purpose. Landlord shall have the right at any and all times to enter the Premises in the event of an emergency. TENANT DEFAULT. Default. The occurrence of any one or more of the following events (a "Tenant Default") shall constitute a material default and breach of this Lease by Tenant: The failure by Tenant to make any payment of Basic Rent or any other payment required to be made by Tenant hereunder, as and when due and if the failure continues for a period of ten days after written notice to Tenant; The failure by Tenant to observe or perform any of the other ,covenants, conditions or provisions of this Lease, where such failure shall continue for a_ period of 30 days after.written notice from Iandlord specifying in detail the nature of the Tenant Default; provided, however, if more than 30 days are.reasonably required for its cure then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30-day period and thereafter diligently prosecutes such.cure to completion. Termination. Tenant agrees that if a Tenant Default should occur and should not be cured within the time periods set forth above, it shall be lawful for Landlord to terminate this Lease upon the giving of written'notice to Tenant. In addition thereto, Landlord shall have such other rights or remedies as may be provided by law: No Effect on Indemnity: Nothing in this Article shall be deemed to affectgh y indemnification , either Landlord or Tenant's right. to indemnification under an clause or clauses set forth in this Lease. LANDLORD DEFAULT. H.OA.801096.1 .19 June 29,2011 Remedies. In addition to the provisions for Landlord's default provided by Section 9(d), Landlord shall be in default ("Landlord Default") in the performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within five days after the giving of written notice with respect thereto by Tenant (which notice shall be, if appropriate, the same notice given under Section I O(d)); provided, however;that if the nature of the Landlord Default is such that the same cannot reasonably be cured within such five day period, Landlord shall not be deemed to be in Landlord Default if`Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. If the Landlord Default is of such a nature that it materially and substantially interferes with Tenant's occupancy and use of the Premises and if such Landlord Default is not cured within the foregoing cure period, then Tenant shall have the right, at its option, with or without further notice or demand of any kind to Landlord or any other person, to any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (i) to pursue the remedy of specific perforinance; and/or(ii) to terminate this Lease. Waiver Nothing herein contained shall relieve Landlord from its duty to effect the repair, replacement, correction or maintenance required to restore any affected services, or to perform any other obligations to the standard prescribed in this Lease, nor shall this Section be construed to obligate Tenant to undertake any such work. Emergency Notwithstanding the foregoing cure period, Tenant may cure any default without notice where the failure promptly to cure such default would, in the reasonable opinion of Tenant, create or allow to persist an emergency condition or materially and adversely affect the operation of Tenant's business in the Premises. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, mortgage, encumber or otherwise transfer this Lease or sublet the whole or any part of the Premises without first obtaining Landlord's prior consent. Nor shall Tenant allow any other person (excludingTenant's library employees, patrons, library volunteers and members'of the Friends of the Library) to occupy or use the Premises on a continuous basis without Landlord's prior written consent. Landlord may grant or withhold its consent in its sole discretion. Any assignment or encumbrance made without Landlord's prior written consent shall be void, and at Landlord's election, constitute a material default. No. consent to any assignment or encumbrance shall constitute a further waiver of this provision. ALTERATIONS AND ADDITIONS. Landlord Consent Except as provided herein, Tenant shall not make any structural alterations, improvements,additions, or utility installations in or about the Premises (collectively, "Alterations"). However, Tenant may make an Alteration that satisfies all of the following criteria: (1) complies with all Laws; (2) isnot visible from the exterior of the Premises or Building; (3) will not materially affect the systems or structure of the Building; and (4) does not unreasonably interfere with the normal and customary business office operations of other tenants in the Building. HOA.801096.1 20 June 29,2011 End of Term. Any Alterations not removed by Tenant shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Tenn. CONDEMNATION. Controlling Terms. If during the Tenni, or during the period of time between the execution of this Lease and the Commencement Date, there is any taking of all or any part of the Premises or any interest in this Lease by Condemnation(as defined below), this Section shall determine the rights and obligations of Tenant and Landlord. "Condemnation" shall mean the exercise of any governmental power to take title to any portion of the Premises, whether by legal proceedings or otherwise, by a Condemnor (as defined below) or a voluntary sale or transfer by Landlord to any Condemnor, either under threat of a Condemnor's exercise of such power or,while legal proceedings are pending for the exercise of.such power. "Condemnor shall mean any public or quasi- public,authority, or private corporation`or individual, having the power of Condemnation. .Total Taking. If the Premises are totally taken by Condemnation, this Lease shall terminate on the date the Condemnor has a right to possession of the Premises (the "Date of Taking") Partial Taking. If any portion, but not all, of the Premises is taken by Condemnation; this 'Lease shall remain in effect, except that-.Tenant may elect to terminate this Lease if, in Tenant's'reasonable judgment, the reaining portion of the Premises (including the space available for parking) is rendered unsuitable for Tenant's continued use of the Premises: If Tenant elects to so tenninate this.Lease, Tenant must exercise its right to terminate by giving notice to Landlord within 30 days after the date that.. the nature and the extent of the Condemnation have been detennined (the "Determination Date"), which notice shall set forth, the date of termination. Such tennination"date shall not be earlier than 30 days nor later than 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease.shall ten-ninate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If Tenant does not so notify Landlord within 30 days after the Determination Date, all obligations of Tenant.under this Lease shall remain in effect, except that Basic Rent shall be equitably abated. Restoration. Notwithstanding the preceding paragraph, if, within 30 days after the Determination Date, Landlord notifies Tenant,that Landlord at its cost will add to.the remaining Premises so that the area.of the Premises and the space available for parking, will be substantially the same after the Date of Taking as they were before the Date of Taking, and Landlord commences the restoration promptly and, subject to reasonable allowance for delays that are not caused by Landlord, completes it within 90 days after.Landlord.so notifies.Tenant, this Lease shall,continue in effect. All obligations of Tenant under this Lease. shall remain in effect, except that Basic Rent shall be equitably'abated or reduced during the period from the Date of Taking until the completion of such restoration. HOA.801096.1 21 June 29,2011 Award. The Award (as defined below) shall be divided between Landlord and Tenant as their respective interests may appear. "Award" shall mean all compensation, sums or anything of value awarded, paid or received on a total or partial Condemnation of the Premises. Waiver of Statute. Landlord and Tenant hereby waive the provision of California Code of Civil Procedure Section 1265.130 allowing Landlord or Tenant to petition the superior court to terminate this Lease in the event of a partial taking of the Premises. INDE1121VIFICATION. Tenant's Indemnity. Tenant shall indemnify, defend and hold Landlord harmless from and against all loss, cost and expense, including attorneys' fees, arising from any injury or damage to any person or property, occurring in or about the Building or Premises as a result of any negligent act, omission or willful misconduct of Tenant or its employees, or arising from any breach or default under this Lease by Tenant. The foregoing provisions shall not be construed to make Tenant responsible for loss, damage, liability or expense resulting from injuries to third parties caused by the negligence or willful misconduct of Landlord, or its officers, contractors, licensees, agents, employees or invitees. Landlord's IndemnitV. Landlord shall indemnify, defend and hold Tenant harmless from and against all loss, cost and expense, including attorneys' fees, arising from any injury or damage to any person or property, occurring in or about the Building or Premises,as a result of any negligent act, omission or willful misconduct of Landlord, or its officers, contractors, licensees, agents, employees, guests, or visitors, or arising from any breach or default under this Lease by Landlord. The foregoing provisions shall not be construed to make Landlord responsible for loss, damage, liability or expense resulting from injuries to third .parties caused by the negligence or willful misconduct of Tenant, or its officers, contractors, licensees, agents, employees or invitees. INSURANCE. Landlord'sInsurance. During the term of this Lease,Landlord shall maintain the following insurance: Landlord shall keep the Premises insured against loss or damage by fire, lightening,vandalism, malicious mischief and such perils ordinarily defined as "extended coverage." Such insurance shall be in an.amount not less than the full insurable replacement value of the Premises. Comprehensive public liability insurance insuring against injury to persons and damage to property through the California Joint Powers Insurance Authority. HOA.801096.1 22 June 29,2011 Failure of Landlord to maintain the insurance required by this Section ,and deliver evidence thereof as required by this tease or to use any insurance proceeds to timely repair and restore the Premises shall constitute a material breach of this Lease. Tenant's Insurance Requirements. During the term of this Lease, Tenant shall maintain a program of insurance coverage as described below., Tenant, at its sole option, may satisfy all or any part of this insurance requirement through use of a program of self insurance (self- funding of its liabilities). Certificate evidencing coverage or letter evidencing self-funding will be provided to Lessor after execution of this Lease at Lessor's request. Commercial General Liability Insurance providing scope of coverage equivalent to ISO policy form. CG 00 01, naming Landlord and its Agents as an additional insured; with limits of not less than: General Aggregate: $ 2 million Products/Completed Operations Aggregate: $ 1 million Personal and Advertising Injury: $ 1 million Each Occurrence: $ 1 million (c) Waiver of Subrogation. Landlord and Tenant each hereby waive their rights of subrogation against one another to the extent it is covered by the property insurance policies required to be carried hereunder. Landlord shall cause its insurance carriers to consent to the foregoing waiver of rights of subrogation against Tenant. 0 PARKING. Tenant's Rights. Tenant's parking rights shall be subject to reasonable parking rules and regulations adopted by Landlord from time to time, provided that such procedures shall. be. uniformly applied to all tenants. Tenant acknowledges that all parking spaces are not for the exclusive.use of Tenant,.rather, all such parking spaces are to be used on a non-exclusive,first-come, first-served basis by Tenant and other tenants, occupants, licensees, invitees and perinittees of the Building: ENVIRONMENTAL MATTERS Hazardous Materials. Tenant shall not cause nor.permit, nor allow any of Tenant's,employees, agents, customers, visitors, invitees, licensees, contractors, HOA.80J 096.1 23 June 29,201 i assignees or subtenants to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated,blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building or the Common Areas, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. As used herein, ."Hazardous Materials" means any chemical, substance,- material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi solid, liquid or gaseous, which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity; mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, molds, toxic levels of bacteria, tobacco smoke within the Premises, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in the Environmental Protection Agency's "Refrigerant Recycling Rule," as amended from time to time) and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, such properties or effects. As used herein, "Environmental Laws" means any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives; guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant, the Premises, the Building or the Common Areas. Landlord IndeMnitV. Landlord shall indemnify; protect, defend (by counsel acceptable to Tenant) and hold harmless Tenant from and against any and all claims, judgments, causes of action; damage, penalties, fine, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with the presence of Hazardous Materials on, under or about the Premises, Building or Common Areas or other violation of laws relating to Hazardous Materials other than caused by Tenant. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation.of any closure, monitoring or other required plans, as such action is required by local or state laws or any governmental agency. Landlord shall promptly deliver to Tenant a copy of any notice received from any governmental agency during the Term of this.Lease concerning the presence of Hazardous Materials in the Building or the Premises. Landlord's obligations pursuant to the foregoing`indemnity shall survive the expiration or termination of this Lease. A default by Landlord under this Section shall constitute a material default under this Lease. TENANT IMPROVEMENTS. Prior to the Commencement Date, Landlord shall construct the Tenant Improvements in the manner set forth in the Landlord's Work Letter executed by Landlord and Tenant concurrently herewith. LIENS. Tenant shall keep its interest in this Lease and the Premises free from any, liens arising out of any work performed or materials ordered or obligations incurred by Hon♦801096.1 _ 24 June 29,201.1 Tenant.Landlord shall keep its interest in this Lease and the Premises free from any liens which would impair the interest of Tenant hereunder and hereby indemnifies and,holds Tenant harmless from any liability or loss from any such lien. SURRENDER OF POSSESSION. Subject to casualty, at the expiration of the Term of this Lease, whether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Premises to Landlord in a "broom-clean" condition. Tenant may (but shall not be required to) remove, at its own expense, all fixtures, equipment and all other personal property placed or installed in or upon the Premises by Tenant, or under its authority(including any modular furniture). SIGNAGE. Tenant shall be permitted to "install at the Premises reasonably appropriate signs that conform with any and all applicable laws and ordinances. QUIET ENJOYMENT. So long as Tenant is not in default hereunder, Tenant shall have the right to the quiet and peaceful enjoyment and possession of the Premises and the Common Areas during the Term of this Lease, subject to the terms and conditions of this Lease. GENERAL, Headings. Titles to Sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. Brokers. Landlord and Tenant each represent and warrant to each other that it has not engaged any broker, finder or other person who would be entitled to any commission or fees in respect of the negotiation, execution or delivery of this Lease other than as disclosed to the other in writing and shall indemnify and hold harmless each.other against any loss, cost, liability or expense incurred by the other party as a result of any claim asserted by any such broker, "finder or other person on the basis of any arrangements.,or agreements'made oralleged to have been made in variance with this representation. Entire Agreement. This Lease (and the Landlord's Work Letter and Supplemental Lease Documents) is the final and complete expression of Landlord and Tenant relating in any manner to the leasing, use and occupancy of the Premises, to Tenant's use of the Building and other matters set: forth. in -this Lease. No prior agreements,or understanding pertaining to the same shall be valid or of any force,or HOA.801096.1 .25 June 29,2011 effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by both Landlord and Tenant. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and the remaining provisions hereof shall nevertheless remain in full force and effect. (Notices. All notices and communications to any party hereunder shall be in writing and shall be deemed properly given if deliveredpersonally, sent by first class" Mail,. postage prepaid, delivered by a recognized overnight commercial messenger providing proof of delivery, sent by facsimile (electronically confirmed);or by electronic mail and followed by first class mail to Landlord's Address for Notice and Tenant's Address for Notice as set forth in Section 1. Any notice so given shall be deemed to have been given as of the date of delivery (whether accepted or refused) established by U.S. Post Office return receipt or the overnight carrier's proof of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to whom the same is to be given. Governing,Law and Forum. This Lease shall be governed by and construed in accordance with the internal laws of the State of California. `Any litigation with respect to this Lease shall be conducted in the County of Los Angeles, State of California. Waivers. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of.any subsequent breach by Landlord or Tenant of the same or any other provision. Landlord's or Tenant's consent to or approval of any act shall not be deemed to render unnecessary`the obtaining of Landlord's or Tenant's consent to or approval of any subsequent act by Landlord or Tenant. Time of Essence. Time is of the essence for the perfonnance of all of the obligations specified hereunder. Consent. Whenever any consent is required by Landlord or Tenant hereunder, such consent shall not be unreasonably withheld, conditioned or delayed and, unless otherwise specifically provided herein, shall be deemed granted if-not refused within ten (10) days after written request is made therefore, together with all necessary information. AUTHORITY. ' Only the Board of Supervisors has the authority, by formally approving and/or executing this Lease, to bind the County to the terms included herein. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Tenant, and that this Lease is binding upon Tenant in accordance with its terms. Landlord understands that no material terms of this Lease may be altered or deleted, nor may any new material HOA.801096.1 26 June 29,2011 terns be added to this Lease, without the express written approval of the Board of Supervisors, either through an amendment to the Lease or by other formal board action. No. County officer, employee, agent or independent contractor has any authority to alter, add or delete the material terns of this Lease and Landlord may not rely upon any representations to the contrary. This limitation of authority applies to all material terms of the Lease including, without limitation, any monetary ceiling established for Tenant Improvements or other project costs of Landlord which are subject to reimbursement by County. County shall not reimburse Landlord for any expenses which exceed this ceiling. Notwithstanding the foregoing, the Chief Executive Officer of the County or its delegee (the "Chief Executive Officer") may take any administrative act on behalf of Tenant 'hereunder which does not have the effect of increasing Basic Rent or other financial obligations of Tenant under this Lease, including without limitation, granting any approvals, terminating this Lease in the manner provided herein by an Early Termination Notice or otherwise, signing estoppel certificates, signing : the Commencement Date Memorandum and Confirmation of Lease Terms or subordinating this Lease. Each individual executing this Lease on behalf of Landlord represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Landlord, and that this Lease is binding upon Landlord in accordance with its terms. ACKNOWLEDGEMENT BYLANDLORD Landlord acknowledges that it is aware of the following provisions; Solicitation of Consideration. It is improper for any County officer, employee or agent to solicit consideration in ,any form from a landlord with the implication, suggestion.or statement that the landlord's provision of the consideration may secure more favorable treatment for the landlord in the award of the Lease or that landlord's failure to provide such.consideration may negatively affect the County's consideration of the landlord's offer to lease. A landlord shall not offer or give, either directly or through an intermediary, .consideration in any form to a County officer, employee or agent for the purpose of securing favorable treatment with respect to the award of the Lease. Landlord shall immediately report any attempt by a County officer, p y g improper p employee ee or agent to solicit such im ro er consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County. Auditor-Controller's Employee Fraud Hotline at (213) 974-0914 or (800) .544-6861. Failure to report such solicitation may result in the landlord's submission being eliminated.from consideration. Landlord Assignment. Landlord may assign, transfer, mortgage, hypothecate or encumber Landlord's right, title and interest in and to this Lease or any portion thereof (including the right to receive rental payments but excluding its duties and obligations hereunder), and HOA:801096.1 27 June 29,2011 Landlord may execute any and all instruments providing for the payment of Basic Rent:directly to an assignee or transferee,but only if the conditions set forth in this Section are met. The provisions of this Section shall be binding upon and applicable to the parties hereto and their respective successors and assigns. Whenever in this Section Landlord is referred to, such reference shall be deemed to include Landlord's successors or assigns, and all covenants and agreements by or on behalf of Landlord herein shall bind and apply to Landlord's successors and assigns whether so expressed or not. IRREVOCABLE OFFER. In consideration for the time and expense that Tenant will invest, including, but not limited to, preliminary space planning, legal review, and preparation and noticing for presentation to the Tenant Real Estate Management Commission of Los Angeles County in reliance on Landlord's agreement to lease the Premises to Tenant under the terms of this Lease, Landlord irrevocably offers to enter into this Lease and not to revoke this offer until the Irrevocable Offer Expiration Date,as defined in Section 1. TITLE TO PROPERTY. (a)The parties hereby agree that title to real property and the Building shall remain vested in the Landlord during the term ofthis Lease and any extensions of the'terrn as well as upon expiration or termination of this Lease. The City shall also retain title to the Tenant Improvements during the term and any extensions of the term as well as upon expiration or termination of this Lease. Title to furniture,fixtures, equipment and materials collection shall be vested in the Tenant during the term and any extensions of the term as well as upon expiration or termination of this Lease unless otherwise agreed upon by the parties or required by law. (b) The personal property and furniture provided by Tenant shall not become part of the realty but shall remain personal property owned and removable by the Tenant at any time. 'Landlord hereby waives any right to gain possession of the personal property during the Term. IN WITNESS WHEREOF this Lease has been executed the day andyear first above set forth. LANDLORD: CITY OF DIAMOND BAR By: Name: Its: HOA.801096.1 28 June 29,2011 TENANT: COUNTY OF LOS ANGELES a body politic and corporate By: Michael D. Antonovich Mayor,Board of Supervisors ATTEST: Sachi A. Hainai Executive Officer-Clerk of the Board of Supervisors By: Deputy APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel By: Amy M. Caves, Senior Deputy 110A.801096.1 29 June 29,2011 o � N cl C�. d q. O. O" MAIN SITE ACCESS CITY OF DIAMUN c BAR AREA moa MG 13 n:mn -� icirb El C/) ` .' '14�_ moi. 13 5i l Ql'Lk:�" l 13 Wo A 0143 E[ �:;,;i `` -'kf, 4' � `•� ,�, �'`-� 3. -� `5... 1, k � `� ^�i 'J-�.� 4'-[,� y r COMMON HALL CD t ' 4. r. a U, n + di-5rLu 1J � + IT =a-Aa � ° 9 0 00 nn COUNTY OF LA PUBLIC LIBRARY AREA MAIN LIBRARY L___UbraryOuttloorfieadingGarden , ENTRY dCDoq EXHIBIT B COMMENCEMENT DATE MEMORANDUM AND CONFIRMATION OF LEASE TERMS Reference is made to that certain lease ("Lease") dated 2011, between County of Los Angeles, a body politic and`corporate ("Tenant"), and City of Diamond Bar ("Landl.ord"), whereby Landlord leased to Tenant and Tenant leased from Landlord certain premises in the building located at 21810 Copley Drive, Diamond Bar ("Premises"), Landlord and Tenant herebyacknowledge as follows: Landlord delivered possession of the Premises to Tenant in a Substantially Complete conditionon .("Possession Date"); . . Tenant has accepted possession of the Premises and now occupies the same; (3) The Lease commenced on ("Commencement Date"); (4) The Premises contain rentable square feet of space; and (5) Rent Per Year is $1.00. IN WITNESS WHEREOF, this Memorandum is executed this day of 2011 - "Tenant" "Landlord" COUNTY OF LOS ANGELES, CITY OF DIAMOND BAR a body politic and corporate By:, By Name: Name: Its: Its: HOA-801096.1 EXMrr C CLEANING AND MAINTENANCE SCHEDULE 1. DAILY(Monday through Saturday) A. Vacuum all carpeted areas to include edges,corners, under tables, under chairs and any other hard to reach areas) 1. Vacuum all area rugs, including under tables and under chairs 2. Vacuum all entry mats 3. Spot clean all carpeted areas and area rugs, using the most appropriate method to completely remove the spot/stain without damaging the surface . B.Sweep, wet mop and disinfect all non-carpeted floors, including edges,corners, under tables, under chairs, under mats and any other hard to reach areas) C. Clean all desks, tables and furniture, including top, base, legs and cross supports to remove dust, dirt, debris, fingerprints, smudges and markings, leaving the surface free of cleaning product residue and discoloration) 1. Clean all chairs (all materials), including seat base, back, legs and cross supports to remove dust, dirt, debris, fingerprints, smudges and markings, leaving the surface free of cleaning product residue and discoloration) 2. Dust, vacuum and spot clean all upholstered furniture, including under cushions and cushion edges. 3. Remove dirt, dust and debris from the computer monitors, keyboards, fax machines,printers, photocopy machines and self-checkout machines using kz appropriate techniques and products to prevent damage 4. Clean and disinfect telephone receivers and base units using appropriate techniques and products to prevent damage 5. Remove dirt, dust and debris from all surfaces to a height of six (6) feet; includes but not limited to artwork (unless instructed otherwise), bookshelves (including all open spaces), bulletin boards, cubicle panels, display cases, framed pictures, fire alarms, fire extinguishers, light switch plates, magazine racks, shelves,signs, and thermostats 6. DO NOT disturb any paperwork on top of desk or surrounding floors or tables D. Empty and clean the interior and exterior surfaces of the trash receptacles and replace plastic liners xoa.801096.1 . Page 1 of 6 E. Clean all; glass and glass cases to remove dust, dirt, debris, fingerprints, smudges, tape, tape residue and markings, leaving the surface free of cleaning product residue and streaks 1. Clean all doors (inside and out), including windows to remove dirt, marks, fingerprints, smudges, splashes and spots; includes threshold rail and frame(Note:Emergency Exit doors must not be opened to prevent alarms from sounding.) 2. Clean all windows to a height of six (6) feet, including sills and frames,to remove dust, dirt, debris, fingerprints, smudges, tape, tape residue and markings,leaving the surface free of cleaning product residue and streaks 3. Clean walls to remove dirt, marks, fingerprints, smudges, splashes, tape, tape residue, etc. leaving surface free of,cleaning product residue and _ discoloration F. Clean, sanitize and polish water fountain basin and body to remove dust, dirt, debris, fingerprints, smudges, hard water stains and markings, leaving the surface free of cleaning product residue and discolorations G. Restrooms 1. Clean entry doors (inside andout) to remove dirt, marks, fingerprints, smudges,splashes and spots;includes threshold rail and frame 2. Clean and polish entry door push plates, knobs and kick plates 3. Clean and.sanitize sinks and faucets; polish chrome-finished fixtures, including the removal of hard water stains and deposits regardless of source 4. Clean mirrors, including chrome-finished edges,to remove spots, smudges and leave streak-free, including the removal of hard water stains and deposits regardless of source 5. Clean all exposed pipe fixtures including the removal of hard water stains and deposits regardless of source 6. Clean and sanitize all dispensers; soap, paper towel, toilet seat cover and toilet paper 7. Cleari and sanitize all toilet seats, bowls, bases, flushing levers and pipe fixtures,including the removal of hard water stains and deposits regardless Of source 8. Clean and sanitize the exterior and interior surfaces of the baby-changing tables 9. Clean, sanitize and polish (when necessary) all handrails 10. Clean and sanitize urinals, flushing levers and pipe fixtures, including the removal of hard water stains and deposits regardless of source Hoa,.801096.1 Page 2 of 6 11. Clean` stall partitions, supports, bases, doors (inside and out), latches/knobs to remove dirt,marks,fingerprints, smudges,splashes,etc. 12. Refill all dispensers; soap, paper towel, toilet seat cover, sanitary napkin/tampon,toilet paper,baby-changing table liners 13. Sweep, wet mop and disinfect all floors, leaving baseboards and walls free of splashes and/ormarks from cleaning equipment/products K. Remove graffiti from all surfaces where found I. Kitchen/Lunchroom area 1. Clean and sanitize the exterior surfaces of the refrigerator, stove/range, microwave, toaster,and toaster oven 2. Clean exterior of all cupboards including knobs/handles to remove dust, dirt, debris, fingerprints, smudges, and markings, leaving the surface free of cleaning product residue and discoloration 3. Clean and sanitize all dispensers; soap and paper towel 4. Refill all dispensers; soap(with dish soap),paper towel- J. owerJ. Clean all exterior book drop containers and wall-mount deposit doors to remove dust, dirt, debris, fingerprints, smudges;tape, tape residue and markings, leaving the surface free of cleaning product residue and streaks K. Clean all exterior wall-mount mail-drop doors to remove ,dust, dirt, debris, fingerprints, smudges, tape, tape residue and markings, leaving the surface free of cleaning product residue and streaks L. Clean all exterior signs and plaques to remove dust, dirt, debris, fingerprints, smudges, tape, tape residue and markings, leaving the surface free of cleaning product residue and streaks M. Empty and clean the exterior surfaces of the exterior trash receptacles and replace plastic liners N. Empty and clean the exterior cigarette urns O. Sweep the library entry area to a reasonable location; collect and dispose of swept dirt, debris,etc. P. Sweep the library loading dock and side/rear staff entrances; collect and dispose of swept dirt, debris,etc; xoa.801096.1 Page 3 of 6 Q.` Sweep and dispose of all trash in the library exterior patio/lunch area; collect and dispose of swept dirt, debris,etc. R. Locate and dispose of all trash in the parking lot, including, but not limited to, cups,bottles,plastic/paper bags,newspapers,papers and clothing S. Locate and dispose of all trash in the loading dock,side/rear staff entrances, including, but not limited to,cups, bottles, plastic/paper bags, newspapers, papers and clothing 2. WEEKLY A. Dust all surfaces(6 feet and ABOVE) B. Remove visible cobwebs up to 12 feet C. Dust window blinds and shades D. Clean all baseboards E. Clean and sanitize handrails F. Hose down sidewalks, steps; walkways, stairs loading docks, entry and patio areas 3 QUARTERLY A. FLOORS l: Strip and wax or,seal floors 2. Degrease and remove chemical spills from areas surrounding all photocopy machines 3. Strip and clean thoroughly(including corners and behind doors) all floors using appropriate cleaning material for various tile types `.: 4. Wax or seal and buff thoroughly(including corners and behind doors) all floors using appropriate cleaning material for various tile types 5. For floors where stripping, waxing or sealing is not indicated, a deep cleaning shall be performed` 6. Return all furniture to its original position after the floors,are cleaned; and leave baseboards and walls free of`splashes and/or marks from cleaning equipment/products B. CARPET I. Shampoo carpet and area rugs 2. Degrease and remove chemical spills from areas surrounding all photocopy machines xoas01096.1 Page 4 of 6 3'. Shampoo thoroughly (including corners and behind doors) all carpeted area using appropriate cleaning•material for various carpet types - 4. Return all furniture to its original position after the floors are cleaned; and leave baseboards and walls free of splashes and/or marks from cleaning equipment(products C. WINDOWS (Interior and Exterior) I. Clean full length of all windows including frames and sills 2. Clean windows using ladders, scaffolding, hydraulic lifts, or catwalks as appropriate 3. Clean thoroughly, including the removal of hard water stains and deposits regardless of source, using appropriate cleaning materials D. CEILING[WALL VENTS 1. Clean ceiling air vents 2. Clean wall, air or heat vents 3. Remove all vents using ladders, scaffolding, hydraulic lifts, or catwalks as appropriate 4. Remove and clean thoroughly all covers using appropriate cleaning materials 5. Vacuum air vents thoroughly E. MECHO SHADES 1. Clean mecho shades 2. Dry dust mecho shades using appropriate equipment 3. Do not remove mecho shades F. FURNITURE L Shampoo*.upholstered furniture and clean wood, plastic, and vinyl chairs every 2. Shampoo and remove stains thoroughly from all upholstered furniture using appropriate cleaning materials for various upholstery types 3. Clean thoroughly all wood, plastic and vinyl chairs using appropriate cleaning materials 4. Thoroughly vacuum under seat cushions xok.801096.i Page 5 of 6 - EXHIBIT D . LANDSCAPE AND GROUNDS MAINTENANCE DELETE THIS SECTION H0A.801096.1 Page 1 o£2 EXHIBIT E TENANT ESTOPPEL CERTIFICATE To: [Insert name of party to rely on document] Attn: Re: Date of Certificate: Lease Dated: Current Landlord: Located at: Premises: Commencement Date of Tenn: Expiration Date: Current Rent: County of Los Angeles ("Tenant") hereby certifies that as of the date hereof: 1. Tenant is the present owner and holder of the tenant's interest under the lease described above, as it may be amended to date (the "Lease"). The Lease covers the premises described above (the "Premises") in the building (the "Building") at the address set forth above. . 2. (a) A true, correct and complete copy of the Lease (including all modifications, amendments, supplements, side letters, addenda and riders .of and to it) is attached to this Certificate as Exhibit A. (b) The current Rent is set forth above. (c) The term of the Lease commenced on the Commencement Date set forth above and will expire on the Expiration Date set forth,above, including any presently exercised option or renewal term. Except as specified in the Lease, Tenant has no option or right to renew, extend or cancel the Lease. (d) Except as specified in the Lease, Tenant has no option or right to lease additional space in the Premises or Building or to use any parking. (e) Except as specified in the Lease, Tenant has no option or preferential right to purchase all or any part of the Premises (or the land of which the Premises are a part). (f) Tenant has made no agreement with Landlord or any agent, representative or employee of Landlord concerning free rent, partial rent, rebate of rental payments or any other similar rent concession, except as expressly set forth in the Lease. 3. (a) The Lease constitutes the entire agreement between Tenant and Landlord with respect to the Premises, has not been modified, changed, altered or amended and is in full force and effect. There are no other agreements, Written or oral, which affect Tenant's occupancy of the Premises. (b) To the knowledge of Tenant, Tenant has not given Landlord written HOA.861096 1 Page 2 of 2 notice of a material default under the Lease which has not been cured. (c) The interest, of Tenant in the Lease has not been assigned or encumbered. Tenant is not entitled .to any credit against any rent or other charge or rent concession under the Lease except as set forth in the Lease. No rental payments have been made more than one month in advance. 4. All contributions required to be paid by Landlord to date for improvements to the Premises, have been paid in full and all of Landlord's obligations with respect to tenant improvements have been fully performed. IN WITNESS WHEREOF, the Tenant has executed this Tenant Estoppel Certificate as of the day set forth above. COUNTY OF LOS ANGELES By: Name: Title: HOA.801096.1 Page 3 of 2 LANDLORD'S WORK LETTER For COUNTY OF LOS ANGELES CHIEF EXECUTIVE OFFICE LEASE AND AGREEMENT DEPARTMENT: Public Library, as Tenant LANDLORD: City of Diamond Bar Address: 21810 Copley Drive, Diamond Bar, CA 91765 2 LANDLORD'S WORK LETTER This Work Letter supplements 'the Lease (the "Lease") dated . 2011, executed concurrently herewith, by and between CITY OF DIAMOND BAR as Landlord, and COUNTY OF LOS ANGELES as Tenant, covering certain Premises described in the Lease. Terms capitalized but not otherwise defined herein shall have the meanings ascribed to them in the Lease. The parties hereby agree as follows: 1. Basic Work Letter Information: The following terms as used herein shall .have the meanings provided in this Section unless otherwise specifically modified by provisions of this Work Letter. (a) Maximum Tenant Contribution $4,450,000 unless additional amount MTC approved by County (f) Tenant's Work Letter Fred Hungerford Representative Chief Deputy Public Library (g) Landlord's Work Letter David Doyle Representative Assistant City Manager City of Diamond Bar (h) Landlord's Address for Work Letter CITY_ OF DIAMOND BAR Notice 21810 COPLEY DRIVE DIAMOND BAR CA 91765 Attention: City Clerk (i) Tenant's Address for Work Letter Board of Supervisors Notice Kenneth Hahn Hall of Administration Room 383, 500 West Temple Street Los Angeles, California 90012 With a copy,to: Chief Executive Office Real Estate Division 222 South Hill Street, 3rd Floor Los Angeles, California.90012 Attention: Director of Real Estate And Public Library Executive Office 7400 E. Imperial Highway 5 Downey, California 90242 Attention: County Librarian (j) Addenda - Addendum A: Base Building Improvements Addendum B: Tenant Improvements Addendum C: Tenant Improvement Specifications/ Scope of Work Addendum D: Construction Manager Scope of Work Addendum E: Project Budget 6 2. Construction of the Improvements. Landlord shall cause its architects, engineers and contractors to prepare the Construction Documents and to construct tenant improvements within the Premises pursuant to the mutually agreed upon Plans and Specifications dated May 23, 2011, and the total costs of the Project shall not exceed the Maximum Tenant Contribution (MTC). 3. Selection of Contractor and the Construction Process. 3.1 Selection of Contractor. The Construction Documents for the Tenant Improvements shall be submitted to contractor(s), and the contractor(s) shall be requested to submit a sealed fixed price contract bid price(on such contract form as Landlord shall designate) to construct the Tenant Improvements designated on the Construction Documents. Landlord and Tenant shall jointly open and review the bids. Landlord shall select the lowest responsible bidder and such contractor ("Contractor") shall enter into a construction contract ("Construction Contract") with Landlord consistent with the terms of the bid to construct the Tenant Improvements. 3.2 Permits. Landlord and its ..Contractor, shalt secure the approval of governmental authorities, and all permits required by governmental authorities having jurisdiction over such approvals and. permits for the Tenant Improvements, promptly after Tenant's approval of the Construction Documents. 3.3 Schedule. Within 30 days after the award of contract to a General Contractor, General 'Contractor shall submit to Landlord and Tenant a detailed construction schedule, , setting forth the dates for specific completion of certain project benchmarks including, but not limited to, award of construction contract, construction commencement, construction substantial completion, and other similar dates.` As the construction continues, Landlord shall amend the schedule from time to time to reflect any changes to the projected dates. 3.4 Commencement of Construction. Landlord shall cause its Contractor to commence construction of the Tenant Improvements within 15business days after issuance of all such necessary permits. Landlord's. Contractor shall commence and, once-commenced, shall thereafter diligently proceed to construct and complete all Tenant Improvements, subject to any cessation that may be caused by Force Majeure Delays. 3.5 Change Orders. Tenant and. Landlord may make changes, additions, deletions or alterations in the Tenant's Construction Documents ("Change Order") provided both Tenant and Landlord approve such changes in writing. Moreover, the Change Orders combined with the Construction Budget shall not exceed the MTC. The County Librarian or, her designee is responsible for authorizing any Change Orders on behalf of Tenant . 7 3.6 Clean-Up Work. Landlord's Contractor will be responsible for all clean- up with respect to the Tenant Improvements; whether in the Premises themselves or in other areas utilized by Landlord or its contractors. 3.7 Compliance with Laws. Construction of the Tenant Improvements shall comply with all applicable lawsand-regulations and shall be subject to-the-general- inspection thegeneralinspection of Tenant: The Premises shall comply with all applicable city, county, state and federal building codes, regulations and ordinances required for beneficial occupancy, including, but not limited to, all provisions of the Labor Code of the State of California. Under the provisions of the Labor Code,,the State Department of Industrial Relations will ascertain the prevailing hourly rate` in dollars and details pertinent thereto for each craft, classification or type of workman or mechanic needed for the construction of the improvements.`- Particulars of the current Prevailing Wage Scale, as approved by the Board of Supervisors which are applicable to the work, are filed with the Clerk of the Board of Supervisors and must be posted at the site. 3.8 Representatives on Site. The Landlord agrees that the Tenant may have on Site, at its own expense, at any time during the Work, designated representatives of the Tenant who shall have a right of access to said construction work to ascertain that the Work is being performed in accordance with the drawings and specifications. The Landlord additionally agrees that the Tenant may have on Site at its own expense at any time during the Work, a project manager to coordinate with the Landlord regarding any and all necessary staff moves required due to the construction. The Landlord shall allow the designated representatives of the Tenant to participate in construction meetings for the Work in order to verify that the facility is being constructed in accordance with the construction drawings. The schedule for construction meetings shall be mutually developed by the Landlord and Tenant: 3.9 Acceptance of Work. Prior to the Tenant's acceptance of the Library for occupancy, the parties' representatives shall conduct a walk-through to confirm that the improvements, other than minor punch list items, have been completed to the Tenant's reasonable satisfaction. The Tenant's acceptance of the Library for occupancy shall constitute acknowledgment that. the Library is in good order upon commencement of this lease, except for those minor punch list items identified in writing. The Landlord shall complete, or shall cause to be completed, all such - punch list items within thirty (30) days of the Tenant's occupancy of the Library. In the event that the Landlord fails to do so, then the Tenant may at its sole option perform or cause performance of the work and charge the reasonable cost thereof to the Landlord and Landlord shall pay such charge. The Tenant shall not give its Acceptance of the completed Work until a final walk-through of the Project by the Landlord and the Tenant's representatives has been conducted and all punch list items have been completed to the Tenant's satisfaction: 3.10 As-Built Drawings. Within 60 days after,Substantial Completion of the Tenant Improvements and receipt from the Contractor of all field changes,Landlord 8 shall submit to Tenant sets of conformed plans ("as-builts") incorporating, in accordance with standard industry custom.and practice, field changes made .and changes and/or revisions that have been made subsequent to the,submission of the Final Plans. Such "as-built" or "record documents" shall be submitted on a DVD - disk in AutoCAD 2011 (or latest version) format, along with three sets of drawings and conformed specifications. 4. Final Construction Budget and Payment of Tenant Construction Costs 4.1 Construction and Project Budget When considering the costs of the Tenant Improvements, the following shall be, included in the determination of said costs: an amount equal to Landlord's actual costs for architects'.fees, contractors' fees, engineers' fees, construction management fees, plan check and permit.fees, furniture; fixtures, equipment, Tenant's pro-rata share of costs for common area improvements shared by the Tenant and Landlord. and other professionals' fees (if any, and only as approved in advance by Tenant). The Construction Budget combined with the soft costs and furniture costs shall constitute the Project.Budget ("Project Budget'), which is attached hereto and incorporated herein- as Addendum C.. The. City will notify the County when the j g ° 1 Project Budget amount has been incurred. p to 75/°u of the Project Budget. 4.2 Payment of Tenant Improvement Costs. All improvements required by the Construction Documents and modular furniture, shall be collectively referred to herein as "Tenant Improvements and the cost thereof shall be first borne by Landlord and later reimbursed by Tenant in the manner provided for in section 7.3 hereof. Costs of Tenant Improvements may include costs for furniture, telecommunications equipment, soft costs and any other costs designated in writing by Tenant in the aggregate. Landlord shall be solely responsible for any delay or increased cost in completing the Tenant Improvements except for delays or costs arising from Tenant Delays. 4.3 Method of Payment. The Maximum Tenant Contribution (MTC), in the amount`of $4,450,000, is the amount of funds the County Board of Supervisors have allocated to this project for Tenant Improvements. The Tenant shall reimburse the Landlord for costs incurred by the Landlord for the Tenant Improvements subject to the Tenant's approval of the invoices and supporting documentation submitted by the Landlord. Landlord and Tenant shall mutually agree on a schedule of progress payments to be made by Tenant to Landlord throughout the construction period. The Tenant will not reimburse the Landlord for the cost of administrative staff devoted to this project. The total amount of the Tenant's payment to the Landlord shall not exceed the MTC. Should the project cost exceed the MTC at any time during construction, the Tenant and Landlord shall meet and mutually agree upon a financial'plan to complete the project. Tenant shall not be responsible for providing the entire MTC to the Landlord. Tenant and Landlord shall mutually agree on which expenses that have 9 been incurred shall be subject to reimbursement using the MTC funds which include the cost.of improvements to.the library space and.the pro-rata share of costs for common area improvements shared by the;Tenant and Landlord 4.4 Corrective Action Plan. The Tenant's designated representative shall monitor the progress of the Work as compared to the mutually-approved and periodically updated Project Schedule and Project Budget. If the Tenant's representative or the Landlord determines at any time that the Work may not be completed within the Project Budget, or the progress of the Work is 10% or more behind the Project Schedule, the parties shall meet as soon as possible following receipt of notice to determine how the Work may be completed within the Project Budget or how the deviation or potential deviation from the Project Schedule and/or the Project Budget will be cured. If, in the County's sole discretion, it appears possible to cure the deviation within the Project Budget and/or Project Schedule, the parties.shall exercise their best efforts to mutually agree to a Corrective Action Plan to complete the Work within the Project Budget and/or Project Schedule. : In the Event .the Corrective Action Plan fails to restore -the Project to compliance with the current Project Budget and/or Project Schedule, or the County determines that the Project Budget is insufficient to complete the Work as described herein, the parties shall exercise their best efforts to meet and confer as to changes to the Work which would allow a modified Project to be completed within the Project Budget and/or Project Schedule, and additional resources available to add to the Project Budget to complete the Project; including but not limited to use of as-yet- unallocated set aside funds as those funds are described in the Memorandum of Understanding approved by the County Board of Supervisors.. The final decision as to how the funds remaining in the Project Budget shall be used shall be determined in the County's.sole. discretion after consideration of implementing the purpose of the Project to the greatest extent possible 5. Furniture System. Landlord shall cause the architect to deliver to Tenant within 60 business days after the Lease is executed by the County Board of Supervisors, furniture plans and specifications (the "Furniture Specifications", Exhibit A to the Lease). Based on the Furniture Specifications, .Landlord and /or Landlord's architect shall prepare a furniture specifications bid package for submission to no less than 3 furniture vendors. Prior to submission for bids; Landlord shall review the bid package with Tenant and Tenant shall have the right to approve or disapprove.the bid package for-any items for which the County does not have an established purchase agreement. The bids shall be jointly opened and reviewed. The bids shall include an itemized list of all materials and labor and shall include all additional costs (shipping, storage, and taxes). Landlord and Tenant, after adjustments for inconsistent assumptions shall select the most qualified bidder offering and such vendor ("Vendor") shall enter into a contract ("Furniture Contract") with Landlord consistent with the terms of the bid. Landlord shall be_ responsible for ordering the furniture and its installation in accordance with the Furniture Specifications. The Tenant will purchase and install computers, printers, barcode readers required for library operation. The Landlord and Tenant agree that 10 :: cost of computers and peripheral equipment is included in the Project Budget. The furniture combined with the Project Budget shall not exceed the MTC. 6. Civic Art. Consistent with the Civic Art Policy adopted by the County Board of Supervisors on December 7, 2004, one percent (1%) of r the cost of design services and construction costs of the new library facility will be transferred to the Civic Art Fund to provide civic arts for the project. Art(s) for the'project will be mutually selected and approved by the County and City in accordance with the County's Civic Art Policy. 7. Tenant Improvement Costs Adiustment and Right to Audit. Within 20 days of the issuance of a Certificate of Occupancy,or a final sign-off by the Fire and Building Inspectors, whichever occurs first, Landlord shall notify Tenant of the final Tenant Improvement costs. Tenant shall have the right to audit such costs for a period of 12 months from the date of Tenant's acceptance of the Premises. In the event the audit shows that Tenant is entitled to a reduction in payments to the Landlord under this Landlord's Work Letter; Tenant shall provide Landlord with a copy of the audit summary and Landlord shall pay Tenant the amount of any over- payment made by Tenant within 30 days. In the event'that said audit determines that the Tenant underpaid landlord, tenant shall pay landlord the amount of any under payment within 30 days so as long as such amount is within the MTC. 8. Exclusions. Landlord and Tenant shall each bear their administrative costs and staff time devoted to this project and such costs shall not be charged to the set aside funds outlined in the MOU/Library Services Agreement, which is Exhibit C to the Lease. 9. Telephone/Computer Room and Equipment. Landlord shall complete the Main Communication Room (MCR) including permanent power and HVAC, in compliance with the Space Plan and specifications provided by Tenant, at least 45 days prior to the Projected Commencement Date. The MCR must be capable of being secured prior to the delivery of Tenant's telecommunications and data equipment. County personnel must be present for any work to be conducted by the Landlord or contractor's once County equipment has been installed in the room. Tenant, its officers, employees, agents, contractors and assignees, shall have free access to the Premises at all reasonable times for the purpose of constructing the Tenant Improvements and for any other purposes reasonably related thereto. 10. Representatives. (a) Tenant Representative. Tenant has designated Tenant's Work Letter Representative as its sole representative with respect to the matters set forth in this Landlord's Work Letter who, until further notice to Landlord, shall have the full authority and responsibility to act on behalf of Tenant as required in this Work Letter and whose address, for purposes of any notices to be given regarding matters 11 pertaining to this Landlord's Work Letter only,. is Tenant's Address for Work.Letter Notice as set forth in Section 1. The County's Designated Representative shall monitor the progress of the Work as compared to the mutually-approved and periodically updated Project Schedule- and Project-Budget: -if the County's Designated Representative .or the City determines at any time that the Work may not be completed within the Project Budget, or the progress of the Work is 10% or more behind the Project Schedule, the parties shall meet as soon as possible following receipt of notice to determine how the Work may be completed within the Project Budget or how the deviation or potential deviation from the Project Schedule and/or the Project Budget will be cured. If, in the County's sole discretion, it appears possible to cure the deviation within the Project Budget and/or Project Schedule, the partiesshallexercise their best efforts to mutually agree to a Corrective Action Plan to complete. the Work within the Project Budget and/or Project Schedule. (b) Landlord Representative. Landlord has designated Landlord's Work Letter Representative as its sole representative with respect to the matters set forth in this Work Letter who, until further notice to Tenant, shall have the full authority and responsibility to act on behalf of Landlord as required in this.Landlord's Work Letter and whose address, for purposes of any notices to be given regarding matters pertaining to this Landlord's Work Letter only, is Landlord's Address for Work Letter Notice as set forth in Section 1. 12 LANDLORD: CITY.OF DIAMOND BAR By: Name: Its: TENANT: COUNTY OF LOS ANGELES, a body politic and corporate By: Michael D. Antonovich Mayor, Board of Supervisors 13 ADDENDUM A To Landlord's Work Letter TENANT IMPROVEMENTS — SCOPE OF WORK Landlord shall cause all Tenant improvements to be constructed in full compliance with the Diamond Bar Library Project Plans and Specifications herein incorporated by reference that have been mutually approved and signed by. the Landlord and Tenant on May 23, 2011. Addendums issued for the library space must also be approved by the Landlord and Tennant. ADDENDUM B To Landlord's Work.Letter Construction Manager Scope of Work The new Diamond Bar Library will be located at 21810 .Copley Dr., in Diamond Bar, across the street from the existing City Hall. The 57,000 ft.2 two-story commercial office building will house upon completion the majority of the City Hall offices and a branch of the County , of Los Angeles Public Library (COLAPL). This RFP for construction management services focuses in on the more complex portion of the library project as outlined in section 4. And in addition provides a supplemental proposal request for the City Hall portion of the project in section 5. The RFP establishes a contract that provides a single point of contact for the library on behalf of the city and County. Heery International will demonstrate the value, the economy of scale, coordination and savings to the city and County by combining the construction management services for both projects. The Diamond Bar branch library is owned and operated by the (COLAPL), it will be located in approximately 23,000 ft.? of the first floor. Through an interlocal agreement between the city and County, the County will fund the cost to renovate the libraries portion of the building and operate the library upon completion. The city will manage the design and construction portion of both projects. Both the library and the City 'Hall portion of the project-will be under one construction contract, with separate funding and invoicing. There are certain .areas of the project that will encroach upon the other . project, for example; secured space within the other projects footprint and technical interaction between the city and County i.e. data/phone ports within certain areas of the building, these areas will need to be identified and tracked for proper funding:, As . per the RFP the City Hall portion of the project will be, completed within . approximately 20 weeks. The construction ;portion of the library project will be completed within approximately 40 weeks plus an 8-week move-in period. Coordination. of all major demolition for both projects should be identified within the construction documents to be completed within those 20 weeks, to minimize disruption of City Hall operations. The City Hall portion of the project will have minimal impact on the HVAC system;..however the library portion of the project will have major modifications to the HVAC system to accommodate the specializedceilings. The majority of.the demolition in the building is within the library portion of the project. Item I. Construction Management Firm: The firm will not be performing pre- construction services as per addendum #2, item i. Value engineering/final plan review. Instead "the successful firm shall analyze the plans and specifications and provide a written report notifying county and city of any potential problems or issues contained therein." Heery International shall provide to the county and city within 21 days a written report outlining any potential issues or constraints. Item IL. Construction Administration: The construction manager shall prepare a "project specific construction management plan containing the specific procedures to be. followed for this project." This plan will contain all of the policies and procedures and roles and responsibilities as outlined within the.RFP and the construction documents. It will identify all milestones, deliverables; sub deliverables and terminal elements as required within the contract documents and construction practices. This plan will be submitted to the city and County for review and comment. Once this outline is approved it will become the official guidelines for this project. 1 Item III. Pre-construction Conferences: The construction manager shall plan, schedule and conduct the pre-construction strategic planning conference with the contractor, equipment suppliers, utility agents, city, and county staff to review issues pertaining tothe project's implementation and.administration' Item IV. Administer Request For Information (RFI): Request for change orders (RFC), submittals and shop drawings. The Construction Manager will have a complete and thorough understanding of the construction. documents. As outlined in the construction management plan. The CM shall evaluate the Contractor's RFI's, RFC's and all submittals prior,to forwarding them to the architect for review and response. The CM shall coordinate an appropriate response with the City, County Representative and project Architect. The CM shall process all RFI's, RFC's, and all submittals within the time' frame established within the project specifications and outlined within the construction management plan. Item V. The project is managed utilizing a web-based project management information control system (MICS). Heery utilizes internet technology and collaborative software such as "Constructware" to provide real-time transfer of necessary information and tracking for program communication, controls, scheduling, budgeting, reporting documents and contract documents. Being web-based and user-friendly, all participants-the City of Diamond Bar and Los Angeles County, Project Managers, Architects, Construction Managers, Contractors, and Subcontractors—receive real-time data which reduces delays in the decision-making process. By using ,web-based, collaborative software, Heery can draw upon its entire multidisciplinary staff—whether located in the home office, City of Diamond Bar offices, or project office—to perform its scope of services for the project: This state-of-the art technology provides a complete set of tools for Heery's staff of architects, engineers, planners, estimators and other specialists; and is fully capable of addressing all of the City's technical requirements. A project specific User's Manual will be developed with orientation and training in the use of the program. ' Item Vl. Monthly Construction Progress Report: The CM shall provide a detailed monthly progress report to the City and County within the first week of each month. The information provided will be as outlined in the construction management plan. i.e. photos, schedules, problem areas. Item VIL Conduct Weekly Progress Meetings: CM shall conduct a weekly on- sight progress meeting with the contractor and all. appropriate team members as outlined within the construction documents and the construction management plan. The CM shall distribute meeting minutes the following day to all appropriate team members and stakeholders. Item VIII. Review of Contractor's CPM Schedule: As part of our initial review of the contract documents within the 21 days allowed, the CM team will establish a baseline schedule. The CM shall perform a detailed review of the Contractor's baseline CPM to confirm specified construction sequencing and schedule constraints, as well as all submittal, „construction, shutdowns and tie-ins, startup and testing, and closeout activities. Upon acceptance of the contractor's schedule, all work and coordination, payment requests, and change orders will be will be based off the. contractor's schedule. 2 Item IX. Review Contractor's Progress Payment Requests: As outlined above, the payment requests will be evaluated off the schedule of values and approved contractor's schedule. A copy of the progress payment will be included in each monthly progress report.Approval of payment request will be issued by the city. Item X. Change Order Administration: The CM shall manage the change order process as outlined within the construction documents and the construction management plan. The City will conduct the final change order negotiations and prepare the final change order documents subject to approval by the County/City. Item XI. Identification of Potential Claims: The CM shall track and manage all `extra work items through a tracking system developed and identified from the construction documents and the construction management plana Any potential claims will be reported on the monthly report. Item XII. Operation and Maintenance Manuals: The CM will receive and consolidate the contractor's submittals of equipment operations and maintenance manuals, warranties and guarantees for materials and equipment installed in the project as outlined within the construction documents and the construction management plan. Item XIII. Startup and Commissioning Plan and Testing Reports: The CM will coordinate closely with the contractor, equipment vendors and county/cities operations staff during development of the contractor's startup and commissioning plan. The pre commissioning checklist and systematic startup procedures, as outlined within the construction specifications and.construction management plan will be followed. Item XIV. As Built Drawings: As outlined within the construction specifications and the construction management plan, the CM shall ensure the contractor completes and submits as built drawings for review and verification. Item XV. Proiect Closeout: The CM shall supervise and implement the project closeout procedures. CM shall coordinate to deliver O&M manuals, training, and securing record drawings (as built drawings) in accordance with the contract documents and as outlined within the construction management plan. Item XVI. Inspection Services: The CM will log all city required building permits. Item XVII. Construction Inspection: Heery shall verify and document contractor's daily work activities and log all daily and weekly'inspection reports as outlined in the construction documents and construction management plan. All inspections and testing will be kept in a separate log for review. Still photos and video records shall be taken of work progress to document the contractor's work. All construction activities shall be coded using the CPM schedule activity numbers. Item XVIII. General Design, Construction and Consultation Services: In addition to the specific responsibilities outlined in the above items, the CM will provide advice throughout the construction process. As outlined in the construction management plan, the CM will track, through a visitor's log, architects and consultants on site work. Provide support to the city/county in evaluating and tracking project budgets with regard to contingencies and owner budged items. Many of these support elements will be identified within the construction management plan. Item XIX. Coordination of Furniture, Fixtures & Equipment: The CM will coordinate with the architect and the county/city on FF&E for the new library and city 3 hall. CM shall participate in related meetings, obtaining of county/city approvals of FF&E items, review of shop drawings, preparation of. purchase documentation coordination with the general contractor on related site work,,and.`perform coordination and administrative.duties associated with FF&E purchases and deliveries. Item XX. Coordination of Soils and Materials Testing: The CM shall coordinate with testing laboratories hired by the-city and subject to review by the county. Item XXI. Mill Inspections: Heery shall coordinate and log any mill inspections or authenticate vendor sites where materials may be produced or stored. Item XXII. Final.Inspection: CM will confirm a satisfactory completion of all contract and change order work as outlined in the construction documents and the construction management plan. CM's inspection staff shall perform a finalproject walk thru with the city and county to prepare the final punch list. Any outstanding items remaining from the preliminary punch list and logs of non- conforming work shall be added. CM shall prepare an estimate of the value of the punch list work so that any items that the contractor does not complete can be deducted from the final payment due the contractor, in accordance with the contract documents. Item XXI II Final Report: At the completion of the project the construction management firm will prepare a final report with the sections listed below. A. Project Description and Overview B. Actions and Items that Contributed to the Success C. Actions or Inactions that Created Problems and Caused Cost and Time Over Runs D. Lessons Learned E. Project progress photographs F. Appendix 1 1. Accident reports and certificates of insurance 2. Contractor performance evaluations 3. A/E performance evaluations 4. Master File Index 5. Record Storage File Index G. Appendix 2 - Electronic Files 1. Electronic copy of master project schedule 2. Electronic copy of action tracking log 3. Electronic copy of project directory 4 4. Electronic copies of RFI, ASI, and Submittal Tracking logs 5. Electronic copy of all outgoing correspondence As outlined with all of the items above, Heery International has a clear understanding of the scope of work identified within the RFP. Heery.International upon execution of this contract will review,. evaluate existing contract:-documents and plans, .establish a . construction manageent plan, a baseline schedule, and identify any potential issues and provide recommendations to the city/county to minimize any potential costs or time impacts to the project. 5 ADDENDUM C To Landlord's Work Letter PROJECT BUDGET Construction Construction Contract $ 2,836,500 Other Construction $ 246,901 Construction Contingency $ 312,015 Total Construction $ 3,395,416 Furniture, Fixtures and Equipment $ 732,000 Architectural and Engineering Services $ 324,810 Construction Management Services $ 4501000 Permit & Fees/Bid Sets $ 96,500 Miscellaneous $ 1,274 Total $ 5,000,000 6 Cateeory Total Annual Cost City Portion (62.5%) Library Portion (37.5%) Janitorial_ 43,200 27,000 16,200 Other Maintenance Services(Repairs,Inspections, Etc.) 37,540 23,463 14,078 **Includes elevator,electrical, locks, roofing, HVAC, etc. Landscape Maintenance 15;000 9,375 5,625 Various Supplies/Materials/Equipment . 40,675 . 25,422 15,253 Utilities 150,000 93,750 56,250 **DBC budgeted at$85k/yr. **CH Budgeted at$108k/yr.for 11-12 - "Utilities raised to$150k/yr.by staff in this estimate Gateway Coporate Ctr.Association Dues 21,408, 13,380 8,028 Total Annual Cost 307,823 192,389 ' 115,434 Monthly Annually City's Share 16,032 192,389 Library's Share 9,620 115,434 25,652 307,823 **Library Portion:assumes 75%of first floor, or 37.5%of total building. **County Library Incremental Sheet identifies$93,000 in potential savings based on City's takeover of maintenance duties Attachment for 8 . 1 RESOLUTION NO. 2011- A RESOLUTION APPROVING THE DESIGN, PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF DIAMOND BAR CITY HALL AND LIBRARY FOR THE CITY OF DIAMOND BAR AND LOS ANGELES COUNTY PUBLIC LIBRARY PURSUANT TO GOVERNMENT CODE SECTION 830.6. AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained LPA, Inc. ("Consultant") as the architect to design and prepare the plans for Diamond Bar City Hall and Community Library ("Project"); B. The Consultant informed the City Manager's designee that these plans are complete and that construction of the Project may begin; C. The City Manager's designee reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government _ plans and construction of the Project. 0.6 with regard to the Code 83 1 § g p SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. j D. The City Manager, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to I, avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account"). The Project Payment Account is the sole source of funds available for.the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 5th day of July 2011. Steve Tye, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was Passed, Approved and Adopted by the City Council of the City of Diamond Bar held on the day of 2011 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar Agenda # 8 . 2 flIT Meeting Date: July 5, 2011 CITY COUNCIL T AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: Award of Contract to Woodcliff Co poration in the amount of $5,032,000 for construction of City Hall and Library at 21810 Copley Drive; authorize an additional $152,000 for other construction work and contingency amount of$884,616 (17.5%) for a total authorization of$6,068,616 RECOMMENDATION: Award contract to Woodcliff Corporation in the amount of $5,032,000; authorize an additional $152,000 for other construction work and a contingency amount of $884,616; and authorize the advancement of funds for construction of the library with Los Angeles County repayment within 30 days of expenditure. FINANCIAL SUMMARY: There are sufficient funds available for this expenditure in the FY 2011-12 budget. CITY HALL The FY 2011-12 budget includes $2,859,000 to construct the tenant improvements related to City Hall. Based on the bid submitted, the construction cost for City Hall including all contingencies and other construction work is $2,673,200 or $185,800 under the approved FY 2011-12 budget. LIBRARY The construction costs for the library including all contingencies and other construction work is $3,395,416. This is a lower cost than was originally budgeted by the County for this project. There are no City funds available in the FY 2011-12 budget for this expense. However, since the County will reimburse the City all library expenditures within 30 days of the expenditure, there is no additional appropriation required. DISCUSSION: On June 2, 2011 the City began soliciting bids for the construction of City Hall and a Library. Plans and specifications were available beginning June 2nd and bids were accepted until 2:00 PM on Tuesday, June 28, 2011. The plans, project specifications, addendum number 1, and addendum number 2 are too voluminous to attach to the report. These documents are available for anyone to review in the City Clerk's Office. BASE BID The City received a total of 11 bids before the closing of the acceptance period from the following: NAME BASE BID AMOUNT 1. Woodcliff Corporation $4,970,000 2. RC Construction $5,083,000 3. Tovey Schhultz $5,330,000 4. AWI Builders $5,380,000 5. Icon West $5,588,232 6. Gonzales Construction $5,719,738 7. PW Construction $6,127,000 8. Harik Construction $6,317,000 9. Morillo Construction $6,460,000 10.Stronghold Engineering $6,468,127 11.M.C.E.C. Inc. $7,100,000 The apparent lowest responsible bidder is Woodcliff Construction and the award of contract is based on the lowest responsible base bid. ALTERNATES As part of the bidding process, the City solicited costs for several alternative items. The City has the option to add these alternatives to the base contract. City staff is recommending that the City Council approve the following alternatives and their costs into the contract with Woodcliff Corporation: Alternate No. Cost Description City Hall Alternate 1 $20,000 Painting exterior of the building City Hall Alternate 3 $ 6,000 Replace thermostats throughout building Library Alternate B $16,000 Replace mini-blinds with manual mecho shades Libra[ry Alternate C $20,000 Install anti-graffiti film on windows TOTAL $62,000 There were other Alternate items that the City and County Library would like to include in the construction project. However, the cost of these items provided at the time of the bid is unacceptable to the City. City staff will work with the contractor to reduce the cost of this other construction work once the project commences. DUE DILIGENCE REVIEW City staff has reviewed and analyzed the bid information submitted, checked the contractor's references, verified contractor's license information with the State Contractor's Board website, and met with the contractor to discuss the timing, insurance requirements and sequencing of the project. Based on this due diligence review, Woodcliff Corporation is capable of meeting the City's requirements and capable of doing this work. The County Librarian and her staff have also reviewed and analyzed the bid information, checked the contractor's references, and agree that the contractor is capable of performing this work. The County Librarian has also agreed to include the two above identified Library alternatives into the contract. If approved tonight, the City and the contractor will process all the required contract documents. Once all the required documents have been received and approved by the City, we will issue notice to proceed to the contractor. It is anticipated that City Hall construction will be complete in late 2011 or early 2012 with the library project concluding approximately 6 months later. PREPARED BY: 0 - David Doyle Assistant City Manager Attachment AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between WOODCLIFF CORPORATION hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR WOODCLIFF CORPORATION and; WHEREAS, the City has determined that WOODCLIFF CORPORATION is the lowest responsible bidder submitting a base bid of Four Million Nine Hundred Seventy Thousand dollars ($4,970,000) and: WHEREAS, the City has accepted City Hall Alternate 1 ($20,000), City Hall Alternate 3 ($6,000), Library Alternate B ($16,000) and Library Alternate C ($20,000) thereby increasing the overall value of the contract by $62,000; and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the DIAMOND BAR CITY HALL AND LOS ANGELES COUNTY LIBRARY PROJECT in the City of Diamond Bar in the amount of Five Million Thirty Two Thousand dollars ($5,032,000). NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the DIAMOND BAR CITY HALL AND LOS.ANGELES COUNTY LIBRARY PROJECT in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated MAY 23, 2011 (The Plans and Specifications) and all subsequent addendurns on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications and all addendurns are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications and all addendums, CONTRACTOR'S Bid dated JUNE 28, 2011 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work for CITY HALL within One Hundred twenty (120) calendar days from the date of the Notice to Proceed and work for the Los Angeles County Library within Two Hundred Eight (280) calendar days from the date of the Notice to Proceed. The CONTRACTOR agrees further to the, assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. All schedules submitted by the CONTRACTOR shall show the above completion date unless the date has been extended by the City. The CONTRACTOR shall not have a claim for delay under this Agreement unless the delay directly affects the critical path and delays completion beyond the contractual completion date. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of theprovisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident. 2) Public Liability - Property Damage (not auto) $500,000 each person; $1,000,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $050,000 each accident; $1,000,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $500,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1 Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be.listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per them wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty- five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK, Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY:. The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arisingout of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to CONTRACTOR. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 719883 By: TITLE Date CITY OF DIAMOND BAR, CALIFORNIA By: STEVE TYE, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone Twenty-Four Hour Emergency Phone at which CONTRACTOR can be reached at any time: APPROVED AS TO FORM: CITY ATTORNEY i/ /a. .,/� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL To CITY.CLERK r � DATE !/ .. . � • : �: PHONE ADDRESS. . . • .ORGANIZATION AGE NDA#/SO'BJECT I expect to address-the Council-.:ow.the subject agenda%subject item`: Please have the Council Minutes :. reflect my name and address as written above14 �A f 77, Signature This document:is a public record ub�ect to disclosure under the Public Records Act •