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CityAgendaC® uncil
Tuesday, August 16, 2011
5:30 p.m. — Study Session — Room CC-8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Steve Tye Ling-Ling Chang
Mayor Mayor Pro Tem
Ron Everett Carol Herrera Jack Tanaka
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins 9 City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk,and are available for public
inspection. If you have questions regarding an agenda item,please contact the City Clerk at(909)839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,the City of Diamond Bar requires that any person in
need of any type of special equipment,assistance or accommodation(s)in order to communicate at a City public meeting,must inform the City Clerk a
minimum of 72 hours prior to the scheduled meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com
Please refrain from smoking,eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same.
is ,
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
broadcast live on Time-Warner Cable Channel 3 and Verizon FiOS television Channel 47. You are
invited to attend and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the
time the item is taken up by the Council. In addition, members of the public may, during the Public
Comment period address the Council on any Consent,Calendar item or any matter not on the agenda
and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a
speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should
be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The
Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity
of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may
address the Council only once on .an agenda item, except during public hearings, when the
applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of
the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
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television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is
available for review during the meeting, in the foyer just outside the Council chambers. The City
Council may take action on any item listed on the agenda.
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 16, 2011
Next Resolution No. 2011-37
Next Ordinance No. 05(2011)
STUDY SESSION: 5:30 p.m., Room CC-8
® Diamond Bar Center and Library/City Hall Building Financing
Options — Discussion and Action
Public Comments
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
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Undersheriff Larry L. Waldie upon his
Retirement from the Los Angeles County Sheriff's Department.
1.2 Presentation of Certificates of Recognition to Members of the Diamond
Bar Girls Softball All-Star Team (Under 8, 10 and 14 Division).
j Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business
hours.
August 16, 2011 PAGE 2
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 — August 17, 2011- 6:30 — 8:00 p.m., Lights Premier
(Tribute to Journey) — Sycamore Canyon Park, 22930 Golden Springs
Drive.
5.2 Movies Under the Stars — August 17, 2011 — Toy Story 3 - Immediately
following Concerts in the Park, Sycamore Canyon Park, 22930 Golden
Springs Drive.
5.3 Planning Commission Meeting — August 23, 2011 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.4 Parks and Recreation Commission Meeting — August 25, 2011 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865 Copley
Drive.
5.5 City Council Meeting — September 6, 2011 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes —August 2, 2011 —Approve as submitted.
6.2 Parks and Recreation Commission Minutes:
(a) Study Session of May 12, 2011 — Receive and File.
(b) Regular Meeting of May 26, 2011 — Receive and File.
August 16, 2011 PAGE 3
6.3 Ratification of Check Register Dated July 28, 2011 through August 10,
2011 totaling $1,147,999.77.
Requested by: Finance Department
6.4 Approval of Adjourning the August 16, 2011 City Council Meeting to
September 20, 2011.
Recommended Action: Approve.
Requested by: City Manager
6.5 Reject the Bid Protest from Rancho Pacific Engineering, Inca and
Award Contract to Avi-Con, Inc. (dba CA Construction) for the
Construction of the Washington Park in the Amount of $508,919.50,
Plus a Contingency of $50,892 (10%) for a Total Authorization of
$559,811.50.
Recommended Action: Award.
Requested by: Community Services Department
6.6 Adopt Resolution No. 2011-XX: Opposing the Southern California
Association of Governments (SCAG) Proposal to Construct
Dedicated Truck Only Lanes Along the San Jose Creek Flood Control
Channel and State Route 60 Freeway Corridor.
Recommended Action: Adopt.
Requested by: City Manager
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION:
8.1 (a) Adopt Ordinance No. OX-(2011): An Ordinance Determining
that the City and The Diamond Bar Redevelopment Agency will
Comply with the Voluntary Alternative Redevelopment Program
Pursuant to Part 1.9 of Division 24 of the California Health and Safety
Code in Order to Permit the Continued Existence and Operation of
the Diamond Bar Redevelopment Agency and Declaring the Urgency.
Recommended Action: Adopt.
August 16, 2011 PAGE 4
(b) Approve for First Reading by Title Only, Waive Full Reading of
Ordinance OX (2011): An Ordinance Determining that the City and
the Diamond Bar Redevelopment Agency will Comply with the
Voluntary Alternative Redevelopment Program Pursuant to Part 1.9
of Division 24 of the California Health and Safety Code in Order to
Permit the Continued Existence and Operation of the Diamond Bar
Redevelopment Agency
Recommended Action: Approve.
Requested by: City Manager
9. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda # Judy Session
Meeting Date: August 16, 2011
IT
CITY COUNCIL �. <<� ,,�„ AGENDA REPORT
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ti
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana "Financing
TITLE: Discussion of Long-term Debtptions for the Diamond Bar Center
.and the Library/City Hall Building
RECOMMENDATION:
Direct staff to pursue a refinancing of the 2002 Diamond Bar Center Lease Revenue Bonds
from a variable rate debt to a fixed rate debt.
BACKGROUND:
Long-term debt is commonly issued for the purchase and/or construction of long-term assets. It
is a sound financial practice to issue debt when either the funds are not available to pay for the cost
of a capital project, or the cost of the long-term debt is low enough to justify its issuance.
Currently, the interest rate on fixed rate tax-exempt long—term debt financing is near historic 50-year
lows. As a result, the time is right to explore the feasibility of issuing fixed rate long-term debt.
This agenda letter will discuss possible long-term debt financing for converting the variable rate debt
on the Diamond Bar Center to a fixed rate, and to consider the pros and cons of funding the
September 2010 purchase of the Library/City Hall with long-term debt and reimburse General Fund
reserves.
DISCUSSION:
Diamond Bar Center
The Diamond Bar Center was financed with the sale of variable rate 30-year debt in December
of 2002. Although the variable rate debt has.served the City well during the first 8.5 years, when
taking into account the interest expense, the cost of a 10-year interest rate cap, remarketing fees in
connection with the remarketing of the bonds every seven days, and the cost of letter of credit fees,
the effective interest rate has been approximately 3.10%.
!, The total issuance was $13.755 million, and currently the remaining debt is $11.885 million.
The letter of credit will expire at the end of 2011, and the interest rate cap will expire at the end of
2012. Although the variable rate debt has served the City well, the debt will not be paid off until the
year 2033. Since interest rates are currently at historic lows, it is very likely that the cost of the debt
financing will be much higher over the next 22 years than it was over the first 8.5 years. It is therefore
an opportune time to explore the following options:
i
I. Leave the debt in a variable rate mode, and take whatever risk there may be for future interest
rate increases. With this option, the City must renegotiate a new letter of credit agreement,
currently at .85%, but expected to increase to 1.00%. Additionally the City must make the
decision whether to purchase another interest rate cap, which for the first ten-year agreement
provided a cap of 4.5% at a cost of$665,000.Anew interest cap would likely cost more, if the
City was even able to find a provider for a new agreement.
2. Convert the variable rate debt to a fixed rate debt. Although the interest rate will be higher, the
need to pay remarketing fees,letter of credit fees, and the need to renew the interest rate cap
at the end of 2012 will be eliminated. If the debt were to be issued at an interest rate between
4% and 4.5%, it is likely that the cost for fixed rate debt would be lower over the final 22 years
than the variable rate debt.
New Library/Cit ry Hall Building
In September, 2010, General Fund Reserves were used to pay cash for the purchase of the
building at 21810 Copley Drive for the new Library/City Hall facility. In April, 2010, the City Council
approved a financing option that would allow the City to finance the purchase rather than pay cash, if
completed within 18 months of purchasing the building. Since the time remaining to finance the
building is rapidly approaching, the window of opportunity to take advantage of the financing option is
expiring March 3, 2012, and so time is of the essence to make the decision to either consider long-
term debt to replenish the reserves, or continue with the status quo.
The total purchase price of the new Library/City Hall was approximately.$9.9 million, for which the
City paid cash. Included in the 2011/12 budget is a total of$3.7 million for building improvements,
furniture/fixtures/telephones, and some computer equipment for the new facility. This amount is also
appropriated from General Fund Reserves. Before the cash purchase of the building, the City had
approximately $31 million in General Fund Reserves. After the expected expenses of$3.7 million in
2011/12, the City expects to end the 11/12 fiscal year.with just over$17.3 million in General Fund
Reserves.
The City has the option of
1. Using General Fund Reserves to complete the building improvements, retaining the use of
General Fund Reserves for the purchase, and not reimbursing reserves:from the issuance
of tax exempt debt. Since the City has no pressing need for the reserves to be replenished,
and the projected reserves at June 30, 2012 remain healthy and total over 90% of General
Fund appropriations for operations, it is not financially necessary to replenish the reserves,
especially since the City does not have the revenue growth in the short-term to make the
debt service payments.
2. Financing a portion of the purchase and improvements
3. Financing all of the costs of the building and the improvements.
The 18 month option to issue debt for the Library/City Hall facility to replenish reserves expires on
March 3, 2012, but if a decision to finance the purchase if made, the process to issue the debt should
commence 6 to 9 months before that date, and so it is imperative to make that decision soon before
the time available to issue the debt expires.
PREPARED BY:
Glenn L. Steinbrink
Interim Finance Director
2
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FIELDNIAN I ROLAPP
&ASSOGIP.TES
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Variable Rate Lease Revenue Bonds, 2002 Series A
(Diamond Bar enter
New Library/City Hall Building
August 16, 2,011
Background
® 2002 Lease Revenue Bonds issued in December 2002 to finance the DB center
Issued as variable rate bonds in the initial par amount of$13,755,000; current par is $11,885,000
Supported by direct-pay letter of credit (LOC) issued by Union Bank expiring 12/18/2011
Has an interest rate cap, which expires 1/1/2013
Average interest rate on the Bonds since.issuance = 1.77%
3� Average.till-in cost on the Bonds through 6%30/11 (incl. all fees: LOC, remarketing, rate cap) 3.10%
New Library/City Hall Building purchased and being improved with the use of
General Fund reserves
City adopted Reimbursement Resolution allowing the option to reimburse all or a portion of the
purchase cost through a long-term financing— 18 month window expires March 3, 2012
Need to consider the use of reserves and tivhether it makes sense to replenish them in light of the
economic uncertainty and instability of State funding sources, opportunity cost, and cushion against
unforeseen circumstances
FIELDMAN I ROLAPP 2
&ASSOCI 1TLS
AlternativesConsiderations for 2002 Bonds
e Alternative 1: Extend. Existing LOC with Union Bank
Contacted 11 banks, Union Bank, best choice and lowest all-in cost
New LOC tern of 3 years (ma<xitnum):
— Maximum term available due to new financial regulations (Basel III) coming in 2015 —uncertainty and
potentially higher costs
— Could negotiate early termination without penalty to preserve flexibility to convert to different structure
if needed/beneficial
Maintains the variable rate.structure of the Bonds and the inherent risks associated with it:
Interest rate risk—rates are currently at historic lows
- Remarketing risk
— Bank risk
— Renewal risk/Basel III-uncertain whether will be able to renew in 3 years and at what cost
— Provides a short-term approach—need to have an exit strategy in case cannot renew LOC in 3 years.,
costs are too high, or cannot access the fixed rate market at the time
FIELDMAN(ROLAPP 3
&ASSOCIATE=S
Alternatives Considerations for 2002 Bonds
Alternative 2e Convert the Bonds to Fixed, Rate
Eliminates interest rate risk/renewal risk/bank risk/remarketing risk
>Provides budget certainty/eliminates volatility
ikllows to lock-in attractive long-term rates — long-term fixed rates at an all-time low
— Initially could be higher than the 3.10% average all-in cost for the Bonds to-date
— Would compare favorably over the remaining 22 years of the Bonds; could potentially result in the lowest
all-in cost.
>Higher annual debt service compared to current variable rate net debt service (—$150-200K/yr)
If 2.80% historical average (since SIFNIA index inception in 1989)_used as rate on Bonds, converting to
fixed rate results in annual savings to the City
Provides a long-term approach
— Some up-front costs to implement (already reflected in annual debt service): new documents, underlying
rating(s)
HEL.DMAN I ROLAPP
ASsOCI Trs
Considerations for New Library/City HaBuRding
Cash purchase using General Fund reserves closed. escr®w 9/10
As a result, lower reserve fund balance at the end of the current budget year - still very healthy
Depending on national and regional economic rebound, reserves may be necessary for:
— Capital projects/Economic development
- Equipment and/or operational needs
— Cushion in case the 2002 Bonds' LOC cannot be renewed down the road and City has no other immediate
options at the time
>Need to consider the most fiscally prudent approach
— If no significant new revenue sources anticipated in the next few years, can the City afford to make debt
service payments for the Library/City Hall of—$800K/yr (if entire purchase cost of building is replenished)
— If no significant new revenue sources anticipated in the next few years, would need to rely on reserves to
make the debt service payments
City has minimal debt-only 2002 Bonds — and has historically utilized pay-as-you-go financial strategy
FIELDMAN I ROLAPP 5
&ASSOCIATES
Recommenaation Discussion
2002 Bonds - Convert from. variable rate to fixed rate
® Purchase of new Library/City Hall wilding Maintain
status quo
GAdditional Questions & Discussion
FIELDMAN(ROLAPP
&ASSOCIATES
Next Steps for
Direct City Manager t® begin work with Bond 'counsel and
Financial Advisor to:
Draft legal and disclosure documents
Prepare rating presentation and obtain: underlying,rating from Standard & Poor's
Determine method of sale
'Return to Council for approval of documents in October
Price and close in November
�. 7
FIELDMAN I ROLAPP
&ASSOCIATES
Agenda No. 6 . 1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 2, 2011
CALL TO ORDER: Mayor Pro Tern Chang called the Regular City
Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Council Member Carol Herrera led the Pledge of
Allegiance.
INVOCATION: Jeremy DeFriend, Worship Leader, Diamond Canyon
Christian Church, gave the invocation.
ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack
Tanaka and Mayor Pro Tern Ling-Ling Chang. Mayor Steve Tye was excused.
Staff Present: James DeStefano, City Manager; David -Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director;
David Liu, Public Works Director; Bob Rose, Community Services Director; Greg
Gubman, Community Development Director; Ryan McLean, Assistant to the City
Manager; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Lauren
Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS:
Becky Serrano, introduced Krystal Spindler and herself as the new co-editors of
The Windmill. She spoke about the upcoming September/October issue and that
the deadline for submission for the next issue is August 10, and thanked the
Council and residents for their support.
4. RESPONSE TO PUBLIC COMMENTS:
MPT//Chang stated that the Diamond Bar Community Foundation has taken over
publication of The Windmill and is doing an excellent job.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — August 3, 2011 — 6:30 to 8:00 p.m., Cold Duck
(70's Top 40) — Sycamore Canyon Park, 22930 Golden Springs Drive.
(NATIONAL NIGHT OUT)
5.2 Movies Under the Stars — August 3, 2011 — Tangled — Immediately
following Concerts in the Park, Sycamore Canyon Park, 22930 Golden
AUGUST 2, 2011 PAGE 2 CITY COUNCIL
Springs Drive.
5.3 Planning Commission Meeting — August 9, 2011 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
(canceled)
5.4 Concerts in the Park — August 10, 2011 — 6:30 to 8:00 p.m.— The Night
Tides (Beach) — Sycamore Canyon Park, 22930 Golden Springs Drive.
5.5 Movies Under the Stars — August 10, 2011 The Sorcerer's Apprentice —
Immediately following Concerts in the Park, Sycamore Canyon Park,
22930 Golden Springs Drive.
5.6 City Council Meeting — August 16, 2011 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Herrera moved, C/Evereft seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Everett Herrera, Tanaka, MPT/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Tye
6.1. CITY COUNCIL MINUTES:
6.1.1 Study Session Minutes of July 19, 2011 —Approved as submitted.
6.1.2 Regular Meeting of July 19, 2011 —Approved as amended.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of May 12, 2011
6.3 RATIFIED CHECK REGISTER — Dated July 15, 2011 through July 27,
2011 totaling $775,899.97.
6.4 APPROVED TREASURER'S STATEMENT— For the Month of June 2011.
6.5 ADOPTED RESOLUTION NO. 2011-35: APPROVING AN APPLICATION
FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL
PARK AND OPEN SPACE DISTRICT EXCESS FUNDS GRANT
PROGRAM FOR SILVERTIP MINI PARK PROJECT.
AUGUST 2, 2011 PAGE 3 CITY COUNCIL
6.6 APPROVED PLANS AND SPECIFICATIONS AND AWARDED
CONSTRUCTION CONTRACT FOR THE 2011-12 DECORAH ROAD,
BRIAR CREEK ROAD, AND WILLOW CREEK ROAD NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM PROJECT TO HARDY &
HARPER, INC. IN THE AMOUNT OF $26,617 AND AUTHORIZED A
CONTINGENCY AMOUNT OF $2,660 FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $29,277.
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Everett spoke about a family friend who had been pictured several times in the
Orange County Register returning from Iraq along with other soldiers from the
Army National Guard First Assault Helicopter Battalion to the Joint Forces
Training Base in Los Alamitos. He encouraged residents to attend National Night
Out tomorrow night at Sycamore Canyon Park during Concerts in the Park and
thanked the Sheriffs and Fire Departments along with Target for hosting the
event. He spoke about the NTMP program and thanked the Traffic and
Transportation Commission for their work on traffic and transportation matters.
Lastly, it was a great pleasure to see teamwork acknowledged with the wall-
breaking ceremony for the Diamond Bar Library at the new City Hall location.
C/Tanaka stated that he regularly attends Concerts in the Park and the Movie
under the Stars. He announced that Albertsons's Supermarket held their grand
reopening and congratulated store manager Jeff Chamberlain and his staff. He
also stated that it is sad that Ralphs Market will close its doors on August 5 and
thanked them for their service to the community these past years. Last
Wednesday he attended the WCCA meeting where the Governing body ratified
the appointment of David DeMers from D.B. to the Advisory Committee and
thanked Mr. DeMers for serving. He added that he had attended the Diamond
Bar Seniors Luau Dinner Dance and that last Tuesday he attended a reception
for LA County Undersheriff Paul Tanaka. He congratulated the Undersheriff on
his appointment as second in command under Sheriff Lee Baca. He attended
the ceremonial wall-breaking for the LA County Library and thanked the Diamond
Bar Friends of the Library for their enthusiasm about the project. He reported on
his attendance at today's Diamond Bar Day at the LA County Fair Committee
Meeting and the Junior Fair Board programs that includes DBHS and DRHS
students.
C/Herrera stated that she, CM/DeStefano and ACM/Doyle attended a meeting in
downtown Los Angeles with Nicole England, Deputy for Supervisor Gloria Molina
and Julie Moore and Dickie Simmons, Deputies for Supervisor Don Knabe, to
talk with them about SCAG proposed East-West Freight Corridor study which
AUGUST 2, 2011 PAGE 4 CITY COUNCIL
they would like to approve and adopt by October/November 2011. D.B. has
many concerns about the proposal to construct four-lane (two lanes in each
direction) double deck truck lanes on top of the San Jose Creek between the
SR605 and the SR57. To date, the plans presented appear to indicate the
corridor would end in the Sunset Crossing Road area near Lanterman and
Diamond Bar Boulevard. Because the City does not know the exact plans for
getting trucks through this immediate area and because what D.B. has seen so
far causes the City Council and staff great concern, the City will continue to
monitor this with every intention of protecting D.B. residents against too many
negative impacts from the various regional plans as well as continue to update
residents as information becomes available. She attended the last Concert in the
Park which was well attended with those attendees yelling for encores from the
Band. The mood was great and very festive. Congratulations to staff for doing
such a good job selecting groups everyone loves to hear. She is pleased that so
many residents enjoy the series and is very pleased the City is able to continue
providing these concerts for residents.
MPT/Chang reminded residents they can follow her on Facebook and Twitter for
updates on her whereabouts. D.B. recently launched its iPhone/iPad app which
is free and very useful. During the past two weeks she attended the National
League of Cities (SCAG) Building Cities-Building Features Conference in
downtown LA during which transportation and infrastructure issues from a
regional and business perspective were discussed. Also discussed was actual
freight movement in southern California. Ultimately, the solution is through
collaborative regions and D.B. will actively engage in that process. She attended
the Contract Cities Budget and Audit Committee meeting. She attended
Undersheriff Paul Tanaka's appointment reception and congratulated Paul whom
she has known for more than 15-years through the non-profit sector. She is very
pleased to see that he is moving up the ranks. She enjoyed the exciting wall-
breaking ceremony. It was very exciting to have Supervisor Knabe and Senator
Huff as the City embarks on a new era with the new City Hall and Library, all
without having to raise taxes and due to the fiscal conservatism of current and
prior Council's and City staff that have allowed for the upgrade of services
throughout the community as well as, the excellent investment opportunity and
Council Member Herrera's contributions as the longest serving member of the
City Council — this is really a tribute to Council Member Herrera and all that she
has done for the City. The City of D.B. and its Finance Department together with
retired Finance Director Linda Magnuson was awarded a Certificate of
Achievement for excellence in financial reporting for the comprehensive financial
report for Fiscal Year ending June 30, 2010, the highest form of recognition in
governmental accounting and financial reporting and its attainment represents a
significant accomplishment by government and its management. Many thanks to
staff and her colleagues for all of the great work the Council and staff has done to
keep D.B. as great as it is. She is very proud to be a resident of D.B. and to
serve the community.
AUGUST 2, 2011 PAGE 5 CITY COUNCIL
C/Herrera congratulated MPT/Chang on being installed this Thursday as
Secretary for the League of Cities, LA County Division.
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2011-36: FINDING THE CITY IN
CONFORMANCE WITH THE 2011 CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT
REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089 FOR LOS ANGELES COUNTY AS PREPARED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY.
CDD/Gubman reported that as it does every year about this time, staff has
prepared D.B.'s annual CMP Compliance report and is asking that the City
Council adopt a Resolution finding D.B. to be in compliance with the Los
Angeles County CMP for the reporting period covering June 1, 2010
through May 31, 2011. The Traffic Congestion Relief and Spending
Limitation ACT of 1990 mandates that all counties have in place, a
Congestion Management program (CMP). The CMP has two primary
goals: 1) To mitigate traffic impacts in the county that are associated with
new development and 2) to develop a partnership among transportation
decision-makers on devising appropriate transportation solutions that
include all modes of travel. The LA County Metropolitan Transportation
Authority is the agency responsible for preparing and monitoring
compliance with the County's CMP. D.B., along with all other local
agencies, is required to meet the program requirements in the CMP in
order to receive State gas tax funds and to maintain eligibility for other
State and Federal transportation funding. As an example, D.B. is
expecting more than $950,000 in gas tax funds for the prior fiscal year.
The CMP program mandates self-certification at the local level through the
adoption of a resolution demonstrating the City's compliance with the CMP
for the most recent reporting period and submittal of a local development
report to the Metropolitan Transportation Authority. A public hearing is
required prior to adoption of this resolution. As described in staffs report,
the attached resolution and local development report, D.B. remains in
compliance with the CMP for Los Angeles County. He offered one
correction to the Local Development Report attached to the resolution.
There are certain categories of development that are exempted from being
added to the congestion debit column such as affordable housing and
transit oriented developments. No such development took place in D.B.
last year so zeros should have been entered in the boxes next to each of
those exempt categories rather than leaving those boxes blank. Staff
provided the City Council with copies of the resolution with the correct
local development report entries. With this correction, staff recommends
City Council adoption of the resolution.
AUGUST 2, 2011 PAGE 6 CITY COUNCIL
MPT/Chang opened the Public Hearing.
With no one present who wished to speak on this matter, MPT/Chang
closed the Public Hearing.
C/Herrera moved, C/Evereft seconded, to Adopt Resolution No. 2011-36.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Tye
ADJOURNMENT: With no further business to conduct, MPT/Chang adjourned
the Regular City Council meeting at 7:00 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2011.
LING-LING CHANG, MAYOR PRO TEM
Agenda No. 6 . 2 (a)
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION STUDY SESSION
DIAMOND BAR CITY HALL CONFERENCE ROOM B
DIAMOND BAR, CA 91765
MAY 12, 2011
STUDY SESSION: 5:00 p.m.
ROLL CALL:
Present: Commissioners Dave Grundy, Benny Liang, Ted
Owens, Vice Chairman Lew Herndon and Chairman
Dave Roberto.
Staff Present: Bob Rose, Community Services Director; Anthony
Jordan, Parks and Maintenance Superintendent;
Christy Murphey, Recreation Superintendent.
PRESENTATION OF UPDATED DRAFT PARKS MASTER PLAN — Ron Hagan, TKE
Engineering & Planning, gave a PowerPoint presentation of the most current updates.
VC/Herndon asked if there was expansion scheduled for the seniors and Mr. Hagan
responded yes, that is at Summitridge Park on the pad next to the Diamond Bar Center.
Senior and teen needs are addressed in the Master Plan but they are not at the current
County Library and Fire Station sites.
C/Owens asked if this plan included plans to build out the Walnut Elementary site. Mr.
Hagan responded n*o. Walnut is recommended to pursue for lighted sports field
development because of its location, the ability to light it and the input from the sports
groups wanting to have fields at that site. Therefore, if they do proceed with calling it
surplus and selling that site, the Master Plan will be updated with a recommendation to
try and negotiate with the school to get the site or a portion of the site. Mr. Hagan
shared that in Fullerton, the City worked with the developer on the site behind City Hall
and took half of the school site for sports uses and the other half for senior housing.
CSD/Rose explained that the City has had to make decisions on where to focus
changes since there are a lot of things that have happened since the consultant team
conducted the interviews with the school district and visited all of the sites.
Mr. Hagan stated that only about 30 percent of the stimulus money has been released
by the federal government thus far with plans to release another 30 percent this
October and the remainder the following October. Therefore, because there will be a lot
of public works money coming to cities in the next two years, this document is very
important because the City is now "project ready" to go after those funds.
Chair/Roberto asked where the new building would be located at Peterson Park,
C/Grundy asked for clarification. Mr. Hagan responded the new building needed to be
moved due to expansion of the parking lot. The tot lot will be redone as well. C/Grundy
asked , if the foundation of the old building will be pushed further in. Mr. Hagan
responded that it will be a new building. CSD/Rose pointed to #9. Mr. Hagan stated
MAY 12, 2011 PAGE 2 P&R COMMISSION
that the old building will be razed. C/Owens asked if the new building was larger and
Mr. Hagan responded "yes,"
VC/Herndon asked how difficult it would be to light the basketball court. Mr. Hagan
responded that it would not be difficult; however, lighted basketball courts were not a
high priority. The basketball courts are highly used and gym space was a high priority
but notoutdoor lighted basketball courts.
VC/Herndon asked if there had been any studies done about how long people stay in
dog parks on average. Mr. Hagan said he had not seen studies on that particular
subject but from his experience in doing a lot of dog parks, dog parks are more about
humans than they are about dogs. It is a social thing for people. Depending on how
many friends are there determines how long people stay. People who go to exercise
their dogs involves about a 15-minute stay. Some people who go to socialize will spend
a couple of hours, particularly during morning and after work hours, as well as Saturday
and Sunday mornings. Many people hire dog walkers who load dogs into cars and take
them to the park, let them run and then leave. Times vary according to purpose.
Generally speaking there is a posted rule about how many dogs a person can have in
the park at any one time and the general rule is three.
Mr. Hagan discussed the desire by a few residents to have a walking .path in Ronald
Reagan Park and whether it would qualify for CDBG funds. CSD/Rose said the
walkway was being evaluated by the CDC that administers the CDBG funds to see if
this would qualify for funding. Because there is no access to the grass area, it does not
mean it would necessarily qualify, but there is a nice view at the point area and adding
an area where folks could get to in a wheelchair might be desirable. C/Grundy asked if
it would strengthen the argument to put an overlook or covered shelter at the view point
and CSD/Rose said that could be done. CDC asked fora graphic and visited the site to
determine whether this was something that would justify the walkway.
VC/Herndon asked if Mr. Hagan intended to show the existing lights at Heritage Park
and Mr. Hagan responded that they are shown at the site.
Mr. Hagan stated that the Lorbeer Middle School site is one of the sites recommended
to be a major sports complex to resolve field needs in the future. There is already a
joint use agreement in effect. VC/Herndon asked if there was a possibility of using this
as a "named" sports complex. Mr. Hagan said it Would work. He put together a
strategy for implementing field improvements and naming rights is a part of that. There
is extremely high visibility on Golden Springs Drive so signage with the name of the field
would have a lot of advertising appeal.
VC/Herndon asked if fencing was considered for school sites that would permit or
exclude access to the school. Mr. Hagan said the main concern for school sites is
access to restrooms and if the user groups use the school's facilities, the schools want
to be reimbursed for those costs. Those costs should be included in the tournament
schedule.
Chair/Roberto asked if there was still a plan to build Larkstone Park and CSD/Rose
responded yes, that the developer is on the hook to build the park and is working on the
plans. All of the grading plans need to be finished and approved for the total project
MAY 12, 2011 PAGE 3 P&R COMMISSION
and the park can be built at that time. Mr. Hagan said there was a design which
included restrooms because this park will be heavily used if sports fields are included at
South Pointe Middle School, which is across the street from the park.
C/Grundy asked what the amounts attached to soccer fields, for example, would be.
Mr. Hagan responded that schools have cut back on their budgets, and fields have
deteriorated to the point that it does not do any good to come in and try to bring the
fields up to standards. The $150,000 allows for a complete re-do of the irrigation,
grading, replanting and other site improvements. This would be done on a joint use
basis only.
VC/Herndon asked Mr. Hagan if, based on his study of the community and its needs, he
could prioritize the items, Mr. Hagan said he would be able to do that. First, he
commented on the funding strategies and then discussed. how he would arrive at the
priorities for implementation of the sports fields. In order to accomplish the
implementation of sports fields, the City would need to host a sports group focus
workshop and present it in the Master Plan. Mr. Hagan said that in his opinion, the
sports groups would immediately be on board and ask when it could be done. The City
may raise the risk of raising expectations, but it is the only. way in which to set the
priorities. After the presentation, the City would work with the sports groups. Perhaps a
subcommittee of the Commission could be appointed and they, along with the
consultants, could set the priorities. In order to get the biggest bang for the buck, the
priority would likely be accomplishing the Lorbeer and South Pointe Middle Schools
scenarios, plus the Walnut Elementary School site. The City would fulfill all of its
tournament needs and all of its lighted sports complex needs for the foreseeable future.
Mr. Hagan said it would be preferable to have a centralized sports complex, take over
the golf course and change it to a sports complex, take over Lanterman and change it to
a sports complex or the AERA property and convert 40-acres to a sports complex;
however, all of those are just not politically or financially feasible to acquire and build so
we have to work with what we have. There will be a group that says they would really
rather have the improvements to the fields. It all depends on what the City wants to
accomplish. If it is to improve existing conditions to get rid of the complaints, the City
can do the field improvements. If the City wants to accomplish the goal of having
lighted sports fields/complexes to provide for evening and weekend tournaments, then
the three priority sites would be done. Groups need .to be involved in setting that
priority. Mr. Hagan acknowledged it would take about $7 million to accomplish the three
priority sites. C/Liang asked if the costs were based on the current costs. Mr. Hagan
said it is, but he believes the current costs are not projected to go up in the next five to
ten years because there are contingencies, inflation factors, etc. built in.
Chair/Roberto asked if there was a reason why the funding of the Pony League
baseball facility was not included in the discussion. Mr. Hagan responded that it is.
When this presentation was made to the City Council and with the administration, the
Council and administration were not desirous of making improvements to property the
City does not own nor has any joint use or joint development agreement with. They felt
the City's direction should be to.improve City property and school district property and
only school district property for which there is a joint use agreement. They did not feel
that a joint use agreement with the Pony League would work from a political standpoint
and an operational standpoint and that the City would get stuck with all of the cost and
none of the use. The improvementsare in the Master Plan and if the policy direction of
MAY 12, 2011 PAGE 4 P&R COMMISSION
Council changes, the Commission could pursue that as one of the sports field
improvements. His direction from Council at that meeting was to solve the sports field
needs on City and school property and to come up with recommendations that would
deal with providing the sports groups with practice fields, game fields and tournament
fields. He was also tasked with identifying the lighted field spaces that could be done in
the City and only on City owned or school owned property where they were assured the
City could control the use. Mr. Hagan continued that once the Commission has
determined priorities with the user group, it would need to determine the funding
needed for the priorities and assist those funding efforts with the expansion of the
Diamond Bar Community Foundation by adding a sports improvement subcommittee.
The biggest single factor that makes this type of strategy a success is finding an
advocate or leader to be the face of the fundraising efforts. Once the priorities are set,
the sports groups are on board, the Foundation is expanded with a specific emphasis to
raise money for the implementation of those improvements, and an advocate has been
recruited; the three-pronged approach is implemented: Fundraising, asset management
and implementation.
VC/Herndon asked if it was possible to use the equestrian center within "The Country
Estates." Mr. Hagan said he believed it was subject to acquisition but it has been
eliminated. The problem was that the City Council said it was not being used as an
equestrian center. It is being rented out for private parties such as weddings and
community events. RS/Murphey shared that someone came to the Diamond Bar
Center about a month ago to check about programming and believed that they were
going to be refurbishing rooms and holding classes and other activities as well.
C/Grundy asked, if in her opinion, they were trying to get an idea about programming
and RS/Murphey responded yes, various types of classes. CSD/Rose said staff hears
that they may be doing large banquet type events and staff is not sure whether it is
intended just for the residents of "The Country Estates" or if it will be opened to the
public. Mr. Hagan said the Council felt that the City did not want to get into the
equestrian business which was backed up by the survey that revealed "equestrian use"
being very low on the priority list. Also, the Council did not need it for "park use" so it
was deleted from the MasterPlan.
CSD/Rose stated that when the Sports Complex subcommittee was active a few years
ago, it looked at sites including Lots 1 and 61 (Summitridge and Longview) and the area
behind Pantera Park. Civil engineers looked at these areas and for grading alone, it
was in the $15-25 million dollar range to create a pad only, without development and
without access that would accommodate a sports park. Mr. Hagan said that
discussions about costs that included development and access became $40-60 million.
Mr. Hagan explained that $12 million to do all of the sports facilities that were discussed
this evening is not a big number considering how many facilities would be improved and
how many fields and lighted fields the City would have access to that would provide
tournament facilities. The process as outlined may set the goal at the $12 million mark
and he felt that in fact, $8 million was a number that would accomplish the goal.
Mr. Hagan stated that if the Diamond Bar Community Foundation agreed to raise
$500,000 (10% toward $5 million) and did so, it would be a lot easier for Council to vote
yes on an assessment or to allocate public works funds for that kind. of project.
C/Grundy asked if staff planned to make a presentation to the sports groups and talk
MAY 12, 2011 PAGE 5 P&R COMMISSION
about these priorities, could the City or Foundation suggest that the sports groups form
a permanent committee consisting of one member from each sports group that works
jointly on fundraising so that it could be coordinator with the Foundation subcommittee.
The time to strike is during the presentation so that excitement can be created to get
everyone working together to accomplish t'he ultimate goal. Mr. Hagan felt that such a
group could facilitate finding an advocate to steer the fundraising effort. C/Grundy said
that most of the groups have a board made up of long-time members with strategic
vision and short term folks who are there for their kids. If there are enough long term
members who have a strategic vision, the City can probably convince them to put a
position on the board that is the committee representative for this effort and then the
people who really run the board (long term individuals) would be able to get that
supported.
VC/Hemdon said he would feel more comfortable approving the document once he had
a chance to look at the final draft to see if any additional corrections should be made.
CSD/Rose said the Council would not be making a decision until the end of July and
from this time forward, editorial changes can be made to the document. The policy
statements will remain the same. Editorial changes can be made even after the
document has, been recommended for approval until the final document is printed for
distribution. VC/Herndon asked if the new City Hall address could be put on the
document to make the document appear more current. Commissioners concurred that
they would like to have the new address on the document.
C/Owens asked if this was a 10-15 or 20 year plan and CSD/Rose said he looks at this
as a 10-year plan. Mr. Hagan has put this together as a 20-year plan. because a lot of
the items will not get done in 10 years. Mr. Hagan said this is a planning guide for 20-
years. Council has made policy changes and so, from CSD/Rose's perspective, he can
now work on his Capital Improvement Program for the next 10 years, He cannot really
look beyond that because of potential changes in the community after 10 years.
CSD/Rose stated that according to the General Plan, the Parks Master Plan should be
updated every 10 years and whether it is a wholesale change or just a cursory look at
the recommendations and updates based on current needs, staff decided, to go out and
do a wholesale change to update the entire document. That will happen again in 10
years in some form. With respect to the trails, he met with individuals from L.A. County
whose job it is to update the L.A. County Trails Master Plan. The meeting involved
property in "The Country Estates" where a developer is developing a neighborhood and
there are trail easements for the Schabarum Trail that go through that property. The
purpose of the meeting was to realign the Schabarum Trail so that it would work with
that new development and create the best opportunity for today and for the future.
The Schabarurn Trail goes in and out of the City and that is exactly what was happening
in that development. It was going into the development and then going out of the City
limits into unincorporated L.A. County and then back into the development two or three
times. Therefore, the developer has agreed to create a working trail through the
development that would work for the residents and they will also improve and maintain
that portion of the easement. So, in the future when the Schabarum Trail is built out,
these easements will connect. CSID/Rose gave the representatives a copy of the Trails
Master Plan Map and after the meeting the representatives went out and walked some
of the trails to get a.feel for the type of improvements being made in the City. When the
representatives got .back to him, they voiced their support at how much the City was
MAY 12, 2011 PAGE 6 P&R COMMISSION
doing with trails in D.B. There will continue to be a synergy between the City and
County while working together to improve alignments and trail connections.
CSD/Rose said he appreciated Table 7.1 with the graphics.
CSD/Rose thanked Mr. Hagan for doing such a great job on,this document. Mr. Hagan
stated that the Commissioners and staff are great to work with and they are proud of the
product in spite of typos, etc. He appreciates the Commissioners applying their fine
toothed comb to the document.
ADJOURNMENT: Study Session adjourned at 7:00 p.m.
The foregoing minutes are hereby approved this aday of 2011.
Respectfully S bmitted,
B , SECRETARY
Attest:
DAVE ROBERTO, CHAIRMAN
Agenda No. 6 . 2 (b)
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
THE GOVERNMENT CENTER HEARING BOARD ROOM
DIAMOND BAR, CA 91765
MAY 26, 2011
CALL TO ORDER:
Chairman Roberto called the Parks and Recreation Commission meeting to order at
7:00 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley
Drive, Diamond Bar, CA 91765,
PLEDGE OF ALLEGIANCE: C/Grundy led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Dave Grundy, Benny Liang, Ted
Owens, Vice Chairman Lew Herndon and Chairman
Dave Roberto.
Staff.Present: Anthony Jordan, Parks and Maintenance
Superintendent; Christy Murphey, Recreation
Superintendent; April Batson, Community Services
Coordinator, and,Marcy Hilario, Senior'Administrative
Assistant.
MATTERS FROM THE AUDIENCE: None
CALENDAR OF EVENTS: As presented in the agenda with the addition of the Parks
and Recreation Commission meeting scheduled for June 23, 2011 at 7:00 p.m. in the
Hearing Board Room.
1. CONSENT CALENDAR:
1.1 Approval of Minutes for the April 14, 2011 Study Session.
C/Grundy moved, VC/Owens seconded, to approve the Minutes of the
April14, 2011 .Study Session as presented. Without objection, the motion
was so ordered.
1.2 Approval of Minutes for the April 28; 2011 Regular Meeting.
VC/Herndon moved, C/Grundy seconded, to approve the April 28, 2011
Regular Meeting Minutes as presented. Without objection, the motion
was so ordered.
i
MAY 26, 2011 PAGE 2 P&R COMMISSION
2. INFORMATIONAL ITEMS
2.1 Recreation Program Update — RS/Murphey
C/Grundy asked if staff kept records of attendance for the excursions to
refer to those statistics to project which excursions might be more
successfully attended in the future. RS/Murphey responded affirmatively.
C/Grundy asked if the City had a sense of what excursions are most
successful. CSD/Batson responded that this summer, the Hollywood
Bowl excursion, which has historically been a popular excursion, is sold
out. The same is true of the Pageant of the Masters. This spring, staff is
again scheduling the Santa Barbara Land and Sea Tour because there
was a 22 person wait list last summer. This year, she has 20 plus on the
waiting list and that excursion seems to be popular as well. She attempts
to capitalize on the popular excursions but tries to interject some variety
by planning different excursions so that people do not get bored with the
same tour over and over. C/Grundy asked if CSC/Batson asks
participants for their input and she responded yes, definitely.
2.1.1 PowerPoint presentation on Contract Class Evaluations —
CSC/Batson.
VC/Herndon asked how people outside of D.B. find out about the
City's recreation classes. CSC/Batson responded that the guide is
sent to over 300 households outside of the City.
C/Grundy felt it would be interesting to find out how many D.B..
residents participate in classes in other cities and what classes they
attend. CSC/Batson shared that staff does not track that
information; however, many people tell her that they looked in other
cities' guides and found D.B. classes to be the most attractive.
C/Owens asked if the City charged a non-resident fee.
CSC/Batson responded no, that everyone pays the same fee which
includes a $7 administrative fee.
VC/Herndon said it would be .interesting to see if the City could
have more of an unstructured environment for the teens.
Chair/Roberto asked if staff had considered sending questionnaires
by email to people for their response at the end of the class.
CSC/Batson said she had considered it and has discussed sending
out attachments; however..she felt it may fall into the realm of
"spam" and; therefore, would have to consult with our IT
department to look into that possibility.
MAY 26, 2011 PAGE 3 P&R COMMISSION
2:2 Parks Report— PMS/Jordan
With respect to rodent problems in the City, VC/Herndon asked if staff had
come up with a good way to keep them at bay. PMS/Jordan responded
that ground squirrels can be kept at bay with chemical bait called PCQ.
The City uses a chemical called Fumitoxin; however, the Department of
Pesticides Regulation has changed the rules about how this can be used.
Pellets are inserted into the gopher burrows and reacts with moisture in
the ground to create a fossifying gas.
C/Grundy recommended that PMS/Jordan look into a two-cycle engine
called a Cheetah that funnels exhaust through a hole and floods the
burrow with carbon monoxide.
In regard to volunteer work done in various locations throughout the City,
VC/Herndon asked if staff contacted the LDS Church or if the Church
contacted staff. PMS/Jordan responded that the Church contacts the City
and have helped with several projects. They have numerous volunteers
who want to be involved in projects for the City.
C/Owens proposed the Commission send a thank you letter to the
Church. Commissioners agreed and PMS/Jordan said that staff would
draft a letter on behalf of the Commission.
2.2.1 Power Point Presentation on Park Walk-thru - Starshine Park -
PMS/Jordan.
PMS/Jordan spoke of Camphor trees recently planted in the park.
VC/Herndon asked if the trees had good canopies. PMS/Jordan
responded that they do. These trees are one of his favorites. They
are evergreen and if you crush the leaves, you can smell the
camphor oil. They create a huge canopy with a 40-50 foot spread.
Other trees, when mature, provide canopies as well but are
deciduous and drop leaves in the winter.
VC/Herndon volunteered to do a park walk-thru. PMS/Jordan
responded that the only park that has been walked is Paul C. Grow.
VC/Herndon stated that for him Monday and Friday afternoons are
the best times for him. Staff will coordinate with all Commissioners
regarding their desire to schedule park walk-thrus.
2.3 Status of CIP Projects — PMS/Jordan
2.3.1 Washington Street Mini-Park — The updated plans have been
received from the consultant, and have been reviewed and:
approved by Public Works and Community Services. There are a
couple of minor corrections and then the project will go out to bid.
MAY 26, 2011 PAGE 4 P&R COMMISSION
2.3.2 Sycamore Canyon Park Trail — Phase 1V - The documents are
being put together to start the bidding process which should
commence in the next two weeks.
2.3.3 Silver Tip Mini-Park — The updated plans have been received and
are currently being reviewed by Public Works, Community Services
and Building and Safety. Once approved, the project will go out to
bid.
C/Owens asked about the length of the bid process and
PMS/Jordan responded he was not sure about the timeframe but
that it was usually two to three weeks.
2.4 Parks Master Plan Update — PMS/Jordan
PMS/Jordan stated that the updated plan should go before Council in July
for consideration of adoption. He emphasized that the Commissioners, are
requested to continue reporting any corrections to the documents in the
meantime. As soon as the corrections are completed, a copy will be
provided to the Commissioners and Council Members and posted on the
City's website.
C/Grundy asked why the document would not be presented until July.
PMS/Jordan said he was not certain. The corrections are minor.
C/Grundy asked if the Council would be reviewing the document in a
study session before July because he was curious about why the gap in
time from when the Commission recommended to Council consideration.
VC/Herndon recalled that the consultant was in. China for six .weeks.
C/Owens asked if the Commissioners could be notified about when the
item would go before the City Council and PMS/Jordan responded "yes."
3. OLD BUSINESS: None
4. NEW BUSINESS: None
5. ANNOUNCEMENTS:
C/Liang thanked staff for tonight's presentations.
C/Grundy said he was looking forward to the Concerts in the Park series and the
July 4t" Celebration. He too thanked staff for their good work.
C/Owenssaid he would try to attend the Tiny Tots Graduation. He asked to be
informed about the date of the next home game for the senior softball game.
RS/Murphey said she would e-mail a copy of the schedule to C/Owen. He
complimented PMS/Jordan on his Channel 3 Safe Water Program presentation.
MAY 26, 2011 PAGE 5 P&R COMMISSION
VC/Herndon said he appreciated the trees being planted at Starshine Park and
he felt it would make the park a lot more appealing to the neighborhood. Once
those trees begin to mature, it should make a big difference. PMS/Jordan said
he purposely left extra space between some of the trees so that the City could
continue to add or replace trees. -
C/Owens asked if there was a picnic shelter at Starshine Park. PMS/Jordan
responded that there is a picnic table but no shelter. C/Owens asked if staff had
considered a small shelter. PMS/Jordan said the problem is that there is no
restroom facility at the park and it is not a, site that the City would rent out for
picnics. During community meetings to discuss the improvements, residents
stated they did not want a restroom facility because they wanted it as a
neighborhood parka
Chair/Roberto thanked staff for their presentations and information provided to
the Commission. He recommended that Commissioners schedule their, park
walk throughs before it gets too hot. He wished everyone safe travels during
June.
ADJOURNMENT: VC/Herndon moved, C/Owens seconded, to adjourn the meeting.
With no further business before the Parks & Recreation Commission, Chair/Roberto
adjourned the meeting at 7:59 p.m. to July 28, 2011.
The foregoing minutes are hereby approved thisairL day of , 2011.
Respectfully Submitted,
13,613 CRETARY
Attest:
DAVE ROBItRTO, CHAIRMAN
Agenda 4 6 .3
Meeting Date:August 16, 2011
...................
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CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man
TITLE: Ratification of Check Register date July 28, 2011 through August 10,
2011 totaling $ 1,147,999.77.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,147,999.77 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated July 28, 2011 through August 10,
2011 for $ 1,147,999.77 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:
Luisa Fua
Accounting Technician
REVIEWED BY:
Finance Director
Attachments: Affidavit and Check Register— 7/28/11 through 8/10/11.
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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 July 28, 2011 through August 10, 2011 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description Amount
General Fund $967,673.14
Community Org Support Fund $100.00
Prop A-Transit Fund 119,414.27
Prop C -Transit Tax Fund 5,913.63
Integrated Waste Mgt Fund 2,120.69
Air Qlty Mgt Fund 11,493.81
Com Dev Block Grand Fund 7,411.56
LLAD 38 Fund 2,019.39
LLAD 39 Fund 426.47
LLAD 41 Fund 242.20
Capital Imp Projects Fund 28,184.61
$1,144,999.77
Signed:
Glenn Steinbrink
Finance Director
...................
City of Diamond. Bar - Cheek Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
8/4/2011 11-PP 16 PAYROLLTRANSFER P/RTRANSFER-11/PP 16 001 10200 186,349.15 $200,132.24
8/4/2011 PAYROLL TRANSFER P/R TRANSFER-1 1/PP 16 112 10200 5,142.21
8/4/2011 PAYROLLTRANSFER P/R TRANSFER-1 1/PP 16 113 10200 5,913.63
8/4/2011 PAYROLLTRANSFER P/R TRANSFER-1 1/PP 16 115 10200 1,920.69
8/4/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 16 125 10200 806.56
7/28/2011 1 95195 3CMA MEMBERSHIP DUES-MR,CA,LH 10014095 1 42315 1 800.00 $800.00
7/28/2011 1 95196 JAJAX SIGN GRAPHICS INC. SUPPLIES-NAMEPLATES 1 0014090 1 41200 1 45.14 $45.14
7/28/2011 95197 KIMALEGADO FACILITY REFUND-HERITAGE 001 1 23002 1 250.00 $250.00
712812011 95198 AMERICOMP GROUP INC SUPPLIES-TONERS 0014070 1 41200 208.80 $1,336.46
7/28/2011 AMERICOMP GROUP INC SUPPLIES-TONERS 0014070 41200 1,127.66
7/28/2011 1 95199 JAMERITECH BUSINESS SYSTEMS INC ICOPIER MAINT-JULY 2011 0014090 42100 1 1,450.551 $1,450.55
7/28/2011 1 95200 CHARLES ANDREU PKNG CITATION HEARING-JUL 0014411 1 45405 1 105.00 $105.00
7/28/2011 1 95201 JARC IMAGING RESOURCESSUPPLIES-PAPER/TONER 0014090 1 42100 1 291.52 $291.52
7/28/2011 1 95202 JAT&T MOBILITY ICELL CHRGS-CMGR 0014030 142125 1 53.09 $53.09
7/28/2011 1 95203 KATHY BREAUX CONTRACT CLASS-SUMMER 0015350 1 45320 1 518.40 $518.40
7/28/2011 1 95204 BUCKNAM&ASSOCIATES INC PAVEMNTMNGMNT-MAY 11 0015510 1 45221 1 11,117.20 $11,117.20
7/28/2011 95205 BURGER CONTINENTAL FOOD-SR BARN DANCE 0015350 1 45300 1,082.06 $1,860.71
7/28/2011 IBURGER CONTINENTAL FOOD-SR LUAU 0015350 45300 778.65
7/28/2011 1 95206 ITRINA CABALLERO RECREATION REFUND 001 34780 1 75.00 $75.00
7/28/2011 1 95207 JANTONIO CALA FACILITY REFUND-HERITAGE 001 1 23002 1 200.00 $200.00
7/28/2011 1 95208 CALIFORNIA CONSERVATION CORP GRAFFITI SVCS-TRAILS/PARK 0015558 1 45500 1 7,140.001 $7,140.00
7/28/2011 1 95209 JOSHUA CASTRO IFACILITY REFUND-REAGAN 001 1 23002 1 50.681 $50.68
Pagel
City of Diamond Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
7128!2011 1 95210 ANGELO CERDA IRECREATION REFUND 001 134720 1 57.001 $57.00
7128!2011 1 95211 VICKIE CHAN RECREATION REFUND 001 1 34760 1 45.00 $45.00
7/28/2011 1 95212 CHARTER OAK GYMNASTICS,INC. CONTRACT CLASS-SUMMER 0015350 1 45320 1 378.00 $378.00
7/28/2011 1 95213 EDWARD COCKS RECREATION REFUND 001 1 34740 1 66.00 $66.00
7/28/2011 1 95214 MICHELE COHEN RECREATION REFUND 001 1 34730 1 15.00 $15.00
7/28/2011 1 95215 CRAIG.DAVIS CONTRACT CLASS-SUMMER 0015350 1 45320 1 612.00 $612.00
7/28/2011 1 95216 CAROL DENNIS PROF.SVCS-SS/CC MTG 0014030 1 44000 1 175.00 $175.00
7/28/2011 1 95217 DIVERSIFIED PRINTERS PRINT SVCS-CITY NEWS JUL 0014095 1 42115 1 3,219.04 $3,219.04
7/28/2011 1 95218 JEMERALD LANDSCAPE SERVICES INC ILANDSCAPE MAINT-JUN 11 0014093 1 42210 1 270.001 $270.00
7/28/2011 1 95219 IFEDEX EXPRESS MAIL-GENERAL 0014090 1 42120 1 124.88 $124.88
7/2812011 1 95220 HAIYUAN FENG IRECREATION REFUND 001 1 34740 1 79.001 $79.00
7/28/2011 1 95221 RAQUEL FLORES FACILITY REFUND-SYC CYN 001 1 23002 1 50.00 $50.00
7/28/2011 1 95222 STEPHANIE GARCIA FACILITY REFUND-PANTERA 001 1 23002 1 200.00 $200.00
7/2812011 95223 GLADWELL GOVERNMENTAL SVCS INC PRORSVCS-ELECTIONS 0014030 1 42390 1 332.50 $617.50
7/28/2011 IGLADWELL GOVERNMENTAL SVCS INC PROF.SVCS-REC RETENTION 0014030 44000 285.00
7/28/2011 1 95224 BALVINDER GULSHAN FACILITY REFUND-DBC 001 1 23002 1 700.00 $700.00
7/28/2011 1 95225 1HASLERINC RENTAL-MAILING MACHINE 0014090 1 42130 1 148.16 $148.16
7/28/2011 1 95226 1 RACQUEL COREEN HERNANDEZ CONTRACT CLASS-SUMMER 0015350 1 45320 1 4,250.40 $4,250.40
7/28/2011 95227 I HEWLETT PACKARD COMPANY BACKUP TAPE-LIBRARY REPLC 1 1185098 1 46230 1 14,493.811 $14,493.81
Page 2
City of Diamond Bar - Check register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
7/28/2011 95228 INLAND EMPIRE MAGAZINE AD-DBC JULY 2011 0014095 42115 1 995.00 $995.00
7/28/2011 1 95229 INLAND VALLEY DAILY BULLETIN PUBLICATIONS-RENEWAL 0014090 1 42320 1 216.00 $216.00
7/28/2011 1 95230 JINLAND VALLEY HUMANE SOCIETY COMM ORG SUPPORT FUND 1 0114010 1 42355 1 100.00 $100.00
7128/2011 1 95231 KITTY KHA RECREATION REFUND 1 001 1 34780 1 39.00 $39.00
7/28/2011 1 95232 LANDS'END BUSINESS OUTFITTERS SHIRT ORDER-STAFF 10014095 1 41400 1 79.39 $79.39
7/28/2011 1 95233 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 0014010 1 42325 1 45.00 $45.00
7/2812011 1 95234 ICONNIE LILLIE CONTRACT CLASS-SUMMER 0015350 45320 324.00 $324.00
7/28/2011 1 95235 IDORA LONYAI ICONTRACT CLASS-SUMMER 0015350 1 45320 1 405.601 $405.60
7/28/2011 95236 LOS ANGELES COUNTY MTA MTA PASSES-JUN 2011 1125553 45535 120.00 $3,859.50
7128/2011 LOS ANGELES COUNTY MTA CITY SUBSIDY-JUN 2011 1125553 45533 30.00
7/28/2011 LOS ANGELES COUNTY MTA MTA PASSES-JUL 2011 1125553 45535 2,967.60
7/28/2011 LOS ANGELES COUNTY MTA CITY SUBSIDY-JUL 2011 1125553 45533 741.90
7/28/2011 1 95237 MANAGED HEALTH NETWORK AUG 2011-EAP PREMIUMS 001 1 21115 1 157.30 $157.30
7/28/2011 1 95238 NOE MENDOZA FACILITY REFUND-DBC 001 23002 600.00 $600.00
7/28/2011 95239 METROLINK METROLINK PASSES-JUL 11 1125553 45535 88,304.34 $88,780.00
7/28/2011 METROLINK CITY SUBSIDY-JUL 11 1125553 45533 18,795.66
7128/2011 METROLINK PASSES RETURNED-JUL 11 1125553 45535 -18,320.00
7/28/2011 95240 ESTHER MOON RECREATION REFUND 001 34780 129.00 $325.00
7/28/2011 JESTHER MOON RECREATION REFUND 001 34780 196.00
7/28/2011 1 95241 IMARIA MUNOZ FACILITY REFUND-MAPLE HLL 1 001 1 23002 1 50.001 $50.00
7/28/2011 1 95242 PHUONG NGUYEN RECREATION REFUND 1 001 1 34780 1 39.001 $39.00
7/28/2011 1 95243 TRAM PHAM RECREATION REFUND 001 1 34780 1 75.001 $75.00
Page 3
City of:Diamond Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
7/28/2011 1 95244 PYRO COMM SYSTEMS INC FIRE ALARM SVCS-NEW C/HLL 1 0014093 1 45000 1 135.00 $135.00
7/28/2011 1 95245 QUINN RENTAL SERVICES LIGHT POLES TEEN NIGHT 0015350 1 45300 1 148.611 $148.61
7/2812011 1 95246 JULIUS RUIDERA RECREATION REFUND 001 1 34780 1 75.001 $75.00
7/28/2011 1 95247 ISCHORR METALS INC SUPPLIES-DBC 1 0015333 1 41200 1 87.20 $87.20
7/28/2011 1 95248 TAPAN SEN IFACILITY REFUND-DBC 001 23002 1 100,001 $100.00
7/28/2011 1 95249 LIEU SERRANO IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.00 $50.00
7/28/2011 95250 ISIMPSONADVERTISINGINC CIT`r"NEWS-JULY 2011 0014095 1 44000 1 1,875.001 $1,875.00
7128/2011 95251 SMART&FINAL SUPPLIES-DAY CAMP 0015350 41200 639.97 $949.00
7/28/2011 SMART&FINAL SUPPLIES-TINY TOTS 0015350 41200 124.66
7/28/2011 SMART&FINAL SUPPLIES-DAY CAMP 0015350 41200 34.76
7128/2011 SMART&FINAL SUPPLIES-SR.BINGO 0015350 41200 - 149.61
7/28/2011 95252 SO COAST AIR QUALITY MGT DISTRICT LEASE-CITY HALL AUG 11 0014090 1 42140 1 23,749.32 $24,249.32
7/28/2011 ISO COASTAIR QUALITY MGT DISTRICT RENTAL-MTG FACILITY AUG 0014090 42140 500.00
7/2812011 95253 STANDARD INSURANCE OF OREGON AUG 11-LIFE INS PREMS 001 21106 984.02 $3,186.15
7/28/2011 STANDARD INSURANCE OF OREGON AUG 11-SUPP LIFE INS PREM 001 21106 288.00
7/28/2011 STANDARD INSURANCE OF OREGON AUG 11-STD/LTD 001 21112 1,914.13
7/28/2011 1 95254 IWANDATANAKA FACILITY REFUND-HERITAGE 1 001 1 23002 1 50.00 $50.00
7/28/2011 1 95255 THE COMDYN GROUP INC CONSULTING SVCS-GIS 0014070 1 44000 1 825.72 $825.72
7/28/2011 1 95256 THE GAS COMPANY GAS SVCS-DBC 1 0015333 1 42126 1 263.20 $263.20
7/28/2011 1 95257 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-NOT OF ELECTION 0014030 1 42390 1 174.98 $174.98
7/28/2011 1 95258 ITIME WARNER IMODEM SVCS-COUNCIL 0014010 1 42130 1 50.991 $50.99
Page 4
City of Diamond. Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount
7/28/2011 95259 FLOR TOLLEY FACILITY REFUND-DBC 001 23002 350.00 $234.15
7/28/2011 FLOR TOLLEY FACILITY CHRGS-DBC 001 36615 -115.85
7128/2011 1 95260 VALLEYTROPHY SUPPLIES-COMM SVCS 1 0015350 41200 131.70 $131.70
7/28/2011 1 95261 IVERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 1 0014090 42125 .78.60 1 $78.60
7/28/2011 95262 VERIZON WIRELESS CELL CHRGS-CMGR 0014030 42125 104.09 $286.46
7/28/2011 VERIZON WIRELESS CELL CHRGS-EOC 0014440 42125 57.49
7/28/2011 VERIZON WIRELESS CELL CHRGS-EOC 0014090 42125 4.89
7/28/2011 VERIZON WIRELESS CELL CHRGS-EOC 0014090 42125 4.89
7/28/2011 VERIZON WIRELESS CELL CHRGS-DESFORGES 0014070 42125 45.03
7/28/2011 VERIZON WIRELESS CELL CHRGS-AZIZ 0014070 42125 45.01
7/28/2011 VERIZON WIRELESS CELL CHRGS-SASD MODEM 0014411 42125 45.01
7/2812011 VERIZON WIRELESS MEMO CREDIT-GENERAL 0014090 42125 -19.95
7/28/2011 1 95263 IVISION SERVICE PLAN JAUG 2011 VISION PREM 1 001 1 21107 1 1,241.68 $1,241.68
7/28/2011 95264 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JAN-FEB 0015350 42140 441.00 $1,953.00
7/28/2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-MAR 11 0015350 42140 252.00
7/28/2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-COM SVCS 0015350 42140 1,260.00
7/28/2011 1 95265 WALNUT VALLEY WATER DISTRICT IWATER SVCS-DIST 38 1 1385538 1 42126 1 1,512,131 $1,512.13
7/28/2011 1 95266 —WEST COAST ARBORISTS INC TREE MAINT-JUN 2011 1 0015558 1 45510 1 2,763.001 $2,763.00
7/28/2011 1 95267 IWEST COAST MEDIA AD-CONCERTS IN PARK 1 0014095 1 42115 1 700.00 $700.00
7/28/2011 1 95268 GUY WEST RECREATION REFUND 1 001 1 34780 1 129.001 $129.00
7/28/2011 95269 PAUL WRIGHT A/V SVCS-CC MTG 0014090 1 44000 275.00 $525.00
7128/2011 1PAUL WRIGHT jAfV SVCS-CC MTG 7/26 0014090 44000 250.00
7/28/2011 1 95270 WENDY WRIGHT RECREATION REFUND 1001 1 34780 1 129.00 $129.00
7128/2011 1 95271 SUPING ZHOU IRECREATION REFUND 1 001 1 34780 1 70.00 $70.00
Page 5
City of Diamond Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# I Amount Total Check Amount
8/4/2011 1 95272 A PLACE OF COMFORT FOOD REIMB-JULY 4TH BLAST 0015350 1 41200 1 19.50 $19.50
8/4/2011 1 95273 ACCESS CONTROL SECURITY SECURITY SVCS-DBC JUL 11 77T70015333 1 45010 1 1,725.151 $1,725.15
8/4/2011 1 95274 ADVANCED ELECTRONICS INC EQ-CITY BIRTHDAY 0015350 42353 1 1,650.281 $1,650.28
8/4/2011 95275 AGI ACADEMY CORP ICONTRACT CLASS-SUMMER 0015350 1 45320 1 2,160.00 $2,160.00
8/4/2011 1 95276 ALLIANT INSURANCE SERVICES INC ISPCL INS-CONCERTS IN PARK 1 0015350 1 45305 1 1,946.501 $1,946.50
8/4/2011 1 95277 NORMAN LALTSHULER COUNTERS-DBC DEP 1 0015333 1 45300 1 2,397.37 $2,397.37
8/4/2011 1 95278 IYADIRAAMEZQUITA IFACILITY REFUND-DBC 001 23002 500.00 $500.00
8/4/2011 1 95279 JARROWHEAD EQ RENTAL-DBC 0015333 1 42130 1 12.06 $54.80
8/4/2011 ARROWHEAD WATER SUPPLIES-DBC 0015333 41200 42.74
8/4/2011 95280 ARTESIA ICE SKATING TRAINING CTR LL CONTRACT CLASS-SPRING 0015350 1 45320 1 147.00 $697.00
8/4/2011 ARTESIA ICE SKATING TRAINING CTR LL EXCURSION-DAY CAMP 0015350 42410 550.00
8/4/2011 1 95281 AT&T PH.SVCS-GENERAL 0014090 1 42125 1 43.64 $43.64
8/4/2011 1 95282 AT&T MOBILITY ICELL CHRGS-POOL VEH 0014090 1 42125 1 21.88 $21.88
8/4/2011 1 95283 BENESYST 8/5/11-P/R DEDUCTIONS 001 21105 1 699.76 $699.76
8/4/2011 95,284 BEST LIGHTING PRODUCTS SUPPLIES-SYC CYN PK 0015340 1 42210 75.00 $443.95
8/4/2011 IBEST LIGHTING PRODUCTS SUPPLIES-PETERSON 0015340 42210 368.95
8/4/2011 1 95285 JOHN E BISHOP CONTRACT CLASS-SUMMER 0015350 1 45320 1 612.001 $612.00
8/4/2011 95286 LAURA BLAIR FACILITY REFUND-PANTERA 001 23002 100.00 $342.82
8/4/2011 LAURA BLAIR FACILITY REFUND-PANTERA 001 23004 83.32
8/4/2011 LAURA BLAIR FACILITY REFUND-PANTERA 001 36625 159.50
8/4/2011 1 95287 1 BOY SCOUT TROOP 730 FOOD REIMB-CONCERT 7/13 1 0015350 1 45305 1 98.25 $98.25
Page 6
City of Diamond. Bar - Check register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
8/4/2011 1 95288 BSN SPORTS CORP SUPPLIES-RECREATION 0015350 1 41200 1 1,253.27 $1,253.27
8/4/2011 95289 CA PARK&RECREATION SOCIETY MEMBERSHIP DUES-ROSE 0015310 42315 450.00 $1,160.00
8/4/2011 CA PARK&RECREATION SOCIETY MEMBERSHIP DUES-SEILER 0015310 42315 135.00
8/412011 CA PARK&RECREATION SOCIETY MEMBERSHIP DUES-BATSON 0015350 42315 155.00
8/4/2011 CA PARK&RECREATION SOCIETY MEMBERSHIP DUES-MEYER 0015350 42315 140.00
8/4/2011 CA PARK&RECREATION SOCIETY MEMBERSHIP DUES-MEYERS 0015350 42315 140.00
8/4/2011 CA PARK&RECREATION SOCIETY MEMBERSHIP DUES-MURPHEY 0015350 42315 140.00
8/4/2011 1 95290 ICALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES-DBC 0015333 1 41200 1 54.38 $54.38
8/412011 1 95291 CALIFORNIA SCIENCE CENTER EXCURSION-DAY CAMP 0015350 1 42410 1 492.75 $492.75
8/4/2011 1 95292 CAPRCBM MEMBERSHIP DUES-7/11-6/12 0015310 1 42315 1 175.00 $175.00
8/4/2011 1 95293 ITED A CARRERA T&T COMM-JUL 14 0015510 44100 1 45.00 $45.00
8/4/2011 1 95294 CENTRAL POWDER COATING DECK MAINT-TRAIL/PARKS 0015340 1 42210 1 103.31 $103.31
8/4/2011 1 95295 ICERTIFIED TRANSPORTATION SVCS INC 771'ETCURSION-PAGEANT MSTRS 1125350 1 45310 1 577.691 $577.69
8/4/2011 1 95296 CHRISTOPHER D RAMOS REIMB-SUPPLIES 0015350 1 41200 1 113.441 $113.44
8/4/2011 1 95297 CONTRACT LAW FUND MTG-COUNCIL 0014010 1 42325 1 20.00 $20.00
8/4/2011 1 95298 CORINA CORONA RECREATION REFUND 001 1 34760 1 255.00 $255.00
8/4/2011 1 95299 CRAIG COX RECREATION REFUND 001 34720 1 105.00 $105.00
8/4/2011 1 95300 DALLAS CRUMPTON RECREATION REFUND 1 001 1 34720 1 57.00 $57.00
8/4/2011 95301 DAY&NITE COPY CENTER PRINT SVCS-TRAIL MAPS 0015333 42110 630.75 $5,206.30
8/4/2011 DAY&NITE COPY CENTER PRINT SVCS-WSHNGTN PK 2505310 46415 606.61
8/4/2011 DAY&NITE COPY CENTER PRINT SVCS-WSHNGTN PK 2505310 46415 303.30
8/4/2011 DAY&NITE COPY CENTER PRINT SVCS-WSHNGTN PK 2505310 46415 303.30
8/4/2011 DAY&NITE COPY CENTER PRINT SVCS-SYC CYN TRAIL 2505310 46415 1,630.60
Page 7
City of Diamond. Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
8/4/2011 95301... DAY&NITE COPY CENTER PRINT SVCS-SILVER TIP 2505310 46415 1,731.74 $5,206.30_
8/4/2011 95302 DELTA DENTAL AUG 2011-DENTAL PREMIUMS 001 121104 1 3,583.271 $3,583.27
8/4/2011 95303 DH MAINTENANCE JANITORIAL SVCS-DBC 0015333 1 45300 1 12,250.83 $12,986.00
8/4/2011 DH MAINTENANCE JANITORIAL SVCS-PARKS 7 0015340 42210 735.17
8/4/2011 1 95304 DIAMOND BAR HAND CAR WASH ICAR WASH-COMM SVCS 0015350 142200 1 6.99 $6.99
8/4/2011 1 95305 1 DIAMOND BAR/WALNUT YMCA ICHILD CARE PROG-APR 11 1255215 1 42355 1 3,555.00 $3,555.00
8/4/2011 95306 DOGGIE WALK BAGS INC SUPPLIES-PARKS 0015340 1 41200 1 1,684.531 $1,684.53
8/4/2011 95307 DOLPHIN RENTS INC JEQ RENTAL-4TH OF JUL 1 0015350 42130 1 911.68 $911.68
8/4/2011 1 95308 RAE DUNCAN ICONTRACT CLASS-SUMMER 0015350 1 45320 1 $45.00
8/4/2011 1 95309 DUNN'S FENCE COMPANY TEMP FENCE-LORBEER SCH 0015340 1 42210 1 1,746.25 $1,746.25
8/4/2011 1 95310 JEMERALD LANDSCAPE SERVICES INC ILANDSCAPE MAINT-JUL 0014093 1 45300 1 816.00 $816.00
8/4/2011 1 95311 IRONALD ESGUERRA IFACILITY REFUND-DBC 001 1 23002 1 500.00 $500.00
8/4/2011 1 95312 IWANSA FARAJ FACILITY REFUND-PETERSON 001 23002 1 50.00 $50.00
8/4!2011 1 95313 IFEDEX EXPRESS MAIL-GENERAL 0014090 1 42120 1 40.20 $40.20
8/4/2011 1 95314 FIRE EXPLORES POST 19 FOOD REIMS-4TH JULY BLAST 0015350 1 41200 1 64.00 $64.00
8/4/2011 95315 FREEWAY ELECTRIC RETENTION PAYABLE 250 20300 -2,602.44 $23,421.56
8/4!2011 FREEWAY ELECTRIC INSTALL-T/SIGNAL B/CYN _T 2505510 46412 26,024.00
8/4/2011 1 95316 GO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 7/31 1 0014070 1 44000 1 900.00 $900.00
8/4/2011 1 95317 JESTRELLA DE GUZMAN FACILITY REFUND-DBC 1 001 1 23002 1 400.00 $400.00
8/4/2011 1 95318 IHARRIS COMPUTER SYSTEMS __]C/VIEW CONF-A ESTEVEZ 0014070 1 42330 1 550.00 $550.00
Page 8
City of Diamond Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount
8/4!2011 1 95319 JALI HASHMI FACILITY REFUND-PANTERA 001 123002 1 200.00 $200.00
8!4/2011 1 95320 JDANIELLE HIGUERA IFACILITY REFUND-PANTERA 1 001 23002 50.00 $50.00
8/4/2011 1 95321 JEFFREY HIROSE CONTRACT CLASS-SUMMER 0015350 1 45320 1 720.00 $720.00
8/4(2011 1 95322 INLAND EMPIRE STAGES EXCURSION-TRANSPORTATION 1125350 1 45310 1 595.00 $595.00
8/4(2011 95323 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL-JUL 11 0014431 45403 9,303.75 $21,107.50
8/4/2011 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL-JUL 11 0014431 45403 9,303.75
8/4/2011 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-JUL 0014431 45403 1,250.00
8(4/2011 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-JUL 0014431 45403 1,250.00
8(4(2011 1 95324 MOHAMAD R JAHANVASH CONTRACT CLASS-SUMMER 1 0015350 1 45320 1 180.00 $180.00
8(4(2011 1 95325 1JENNIFER ROMERO REIMS-SUPPLIES 0015350 1 41200 1 90.01 1 $90.01
8/4/2011 95326 JK CONSTRUCTION HIP PROG-403 ROCKRIDGE 1 1255215 1 44000 1 500.00 $500.00
8/44M11 95327 JOE A.GONSALVES&SON INC. LEGISLATIVE SVCS-JULY 11 0014030 1 44000 3,000.00 $6,000.00
8/4 IJOE A.GONSALVES&SON INC. LEGISLATIVE SVCS-AUG 11 0014030 44000 3,000.00
8/4/2011 95328 KENS HARDWARE EQ MAINT-COM SVCS 0015310 42200 55.30 $333.60
8(4(2011 KENS HARDWARE SUPPLIES-DBC 0015333 41200 118.65
8/4/2011 KENS HARDWARE SUPPLIES-PARKS 0015310 41200 137.20
8!4/2011 KENS HARDWARE SUPPLIES-NEW C/HALL 0014093 42210 22.45
8!4(2011 95329 IN SOON KIM RECREATION REFUND 1 001 1 34760 1 635.00 $635.00
8/4/2011 1 95330 IJEONG KIM RECREATION REFUND 1 001 1 34760 1 125.00 $125.00
8/4/2011 1 95331 JKWIK COVERS SUPPLIES-4TH JULY BLAST 0015350 1 41200 1 928.73 $928.73
8/4(2011 1 95332 ILEWIS ENGRAVING INC. IPROMO SUPPLIES-BADGES 0014060 1 41400 1 99.84 $99.84
8/4!2011 1 95333 ILIANAPINCHER IT&T COMM-JUL 14 0015510 1 44100 1 45.001 $45.00
Page 9
City of Diamond. Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount
81412011 1 95334 1BENNYLIANG RECREATION REFUND 001 36615 450.00 $450.00
8/4/2011 1 95335 CONNIE LILLIE ICONTRACT CLASS-SUMMER 1 0015350 1 45320 1 30.001 $30.00
8/4/2011 1 95336 JUNG LIM IRECREATION REFUND 001 34760 1 125.001 $125.00
8/4/2011 95337 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS-MAY 11 0014411 45401 8,586.48 $450,402.12
8/4/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CLICK IT OR TICKET-MAY 0014411 45402 203.64
8/4/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES-MAY 11 1125553 45402 135.76
8/4/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS-JUNE 2011 0014411 45401 424,582.77
8/4/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS-JUNE 11 0014411 45401 8,586.47
8/4/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL-JUNE 2011 0014411 45402 7,520.93
8/4/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SVCS-JUNE 11 1125553 45402 135.76
8/4/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS-MAR-MAY 0014411 45401 650.31
8/4/2011 95338 LOWE'S BUSINESS ACCOUNT SUPPLIES-SPCL EVENTS 0015350 41200 420.92 $1,019.65
8/4/2011 LOWE'S BUSINESS ACCOUNT SUPPLIES-4TH JULY BLAST 0015350 41200 448.74
8/4/2011 LOWE'S BUSINESS ACCOUNT SUPPLIES-DBC 0015333 41200 45.06
8/4/2011 LOWE'S BUSINESS ACCOUNT SUPPLIES-COM SVCS 0015350 41200 51.18
8/4/2011 LOWE'S BUSINESS ACCOUNT SUPPLIES-PARKS 0015340 41200 53.75
8/4/2011 95339 LPA INC ARCHITEC SVCS-NEW C/HALL 0014093 1 44000 1 5,743.60 $12,240.83
8/4/2011 JLPA INC JARCHITEC SVCS-LIBRARY 0014093 44000 6,497.23
8/4/2011 1 95340 JENNIFER LYNN MAHLKE T_&T COMM-JUL 14 0015510 1 44100 1 45.00 $45.00
8/4/2011 1 95341 MARSHA D ROA EMPLOYEE COMP PRCHS PROG 1 001 13135 1 2,500.00 $2,500.00
8/4/2011 1 95342 MEDIEVALTIMES EXCURSION-DAY CAMP 1 0015350 1 42410 1 2,417.501 $2,417.50
8/4/2011 1 95343 WILL MEEK FACILITY REFUND-DBC 1 001 1 23002 1 200.001 $200.00
8/4/2011 95344 METROLINK METROLINK PASSES-APR-JUN . 1125553 45535 16,150.68 $20,188.35
8/4/2011 METROLINK CITY SUBSIDY-APR-JUN1125553 45533 4,037.67
Page 10
City of Diamond. Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
814/2011 . 95345 MOBILE RELAYASSOCIATES INC REPEATER SVCS-AUG 11 0014440 42130 1 78.75 $78.75
8/412011 1 95346 IKENNETH MOK T&T COMM-JUL 14 0015510 1 44100 1 45.001 $45.00
8/4/2011 1 95347 ESTHER MOON RECREATION REFUND 001 134780 1 91.001 $91.00
814/2011 1 95348 MT CALVARY LUTHERAN CHURCH&SCHOOL FACILITY RENTAL-MAR-MAY 1 0015350 1 42140 1 4,700.00 $4,700.00
8/4/2011 95349 OFFICEMAX INC SUPPLIES-CITY MANAGER 0014030 41200 97.29 $3,700.36
8/4/2011 OFFICEMAX INC SUPPLIES-FINANCE 0014050 41200 123.56
8!4/2011 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 25.92
8/4/2011 OFFICEMAX INC SUPPLIES-GENERAL 0014090 41200 817.69
8/4!2011 OFFICEMAX INC SUPPLIES-P/SAFETY 0014411 41200 45.50
8/4!2011 OFFICEMAX INC SUPPLIES-PLANNING 0015210 41200 793.15
8/4/2011 OFFICEMAX INC SUPPLIES-BLDG&SFTY 0015220 41200 723.59
8/4/2011 OFFICEMAX INC SUPPLIES-NGHBRHD IMP 0015230 41200 89.17
8!4/2011 OFFICEMAX INC SUPPLIES-DBC 0015333 41200 98.23
8!4/2011 OFFICEMAX INC SUPPLIES-DBC 0015333 41200 282.44
8/4!2011 OFFICEMAX INC SUPPLIES-DBC 0015333 41200 239.47
8/4/2011 OFFICEMAX INC SUPPLIES-PANORKS 0015510 41200 37.23
8/4/2011 OFFICEMAX INC SUPPLIES-PNVORKS 0015510 41200 104.30
8/4/2011 OFFICEMAX INC SUPPLIES-PIWORKS 0015510 41200 73.21
8/4/2011 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 149.61
8/4/2011 1 95350 PACIFIC TELEMANAGEMENT SERVICES PAY PH SVCS-PARKS AUG 0015340 1 42125 1 495.84 $495.84
8/4/2011 1 95351 PAETEC COMMUNICATIONS INC. ILONG DIST SVCS-JUUAUG 1 0014090 1 42125 1 873.42 $873.42
8/4/2011 95352 1 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 1 46.50 $11,400.23
8/4/2011 IPERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,353.73
814/2011 95353 PUBLIC STORAGE#23051 FACILITY RENTAL-UNIT 2153 0014090 42140 1 272.00 $544.00
8/4/2011 PUBLIC STORAGE#23051 FACILITY RENTAL-UNIT 2145 0014090 42140 272.00
8011 95354 REGIONAL CHAMBER OF COMMERCE CONTRACT SVCS-JUL 11
14!2 0014096 1 45000 1 1,000.001 $1,000.00
Page 11
City of Diamond. Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount
8/4/2011 95355 RKA CONSULTING GROUP PRORSVCS-PLAN CHECK 2505310 46415 187.50 $187.50
8/4/2011 1 95356 JEMILIO ROMERO JR IFACILITY REFUND-HERITAGE 001 1 23002 1 200.001 $200.00
8/4/2011 1 95357 IREGINA RONO IFACILITY REFUND-PETERSON 001 23002 50.001 $50.00
8/4/2011 1 95358 IMIKE SAN DIEGO FACILITY REFUND-REAGAN 001 23002 50.00 $50.00
8/4/2011 1 95359 SCAN NATOA MEMBERSHIP DUES-DOYLE 0014030 1 42315 1 25.00 $25.00
8/4/2011 95360 SCHORR METALS INC SUPPLIES-PARKS 0015340 1 41200 1 83.05 $219.57
8/4/2011 SCHORR METALS INC SUPPLIES-COMM SVCS 0015350 41200 136.52
F 8/4/20111 95361 7777]TD-FIELD ATTENDANT H/R 0014060 42115 75.00 $75.00
8/4/2011 1 95362 SECTRAN SECURITY INC. COURIER SVCS-AUG 2011 0014090 1 44000 1 308.46 $308.46
8/4/2011 1 95363 ISJC 3 CONSULTING CONSULTANT SVCS-CDBG JUN 1 1255215 1 44000 1 2,550.00 $2,550.00
8/4/2011 1 95364 ITIM SMITH CONTRACT CLASS-SUMMER 10015350 1 45320 1 576.001 $576.00
8/4/2011 95365 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 464.49 $17,742.29
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 1,937.69
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-PARKS 0015340 42126 4,925.80
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 484.09
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 39 1395539 42126 426.47
8/4/2011. SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 242.20
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DBC 0015333 42126 8,476.08
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 153.03
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 457.17
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 23.17
8/4/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 152.10
8/4/2011 1 95366 IGLENN STEINBRINK PROF.SVCS-INTERN FIN DIR 1 0014050 1 44000 3,200.00 $3,200.00
8/4/2011 1 95367 JANITATANG FACILITY REFUND-REAGAN 1001 23002 1 50.00 $50.00
Page 12
City ®f Diamond Bar - Cheek register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount
8/4/2011 1 95368 TENNIS ANYONE INC ICONTRACT CLASS-SUMMER 0015350 1 45320 1 6,002.50 $6,002.50
8/4/2011 1 95369 DARLATIGHE ICONTRACTCLASSSUMMER 0015350 1 45320 1 540.00 $540.00
814/2011 1 95370 ITIME WARNER MODEM SVCS-COUNCIL 0014010 1 42130 1 50.99 $50.99
8/4/2011 1 95371 TIME WARNERMODEM SVCS-HERITAGE 0015340 1 42126 116.01 $116.01
814/2011 1 95372 ITRANE SERVICE GROUP INC HVAC MAINT-DBC 0015333 1 45300 1 946.00 $946.00
8/4/2011 95374 US BANK RENEWAL FEES-NOTARY 0015510 42340 376.14 $10,668.78
8/4/2011 US BANK MEMBERSHIP DUES-GALLEGOS 1155515 42315 200.00
8/4/2011 US BANK SUPPLIES-P/WORKS 0015510 41200 165.50
8/4/2011 US BANK MTG SUPPLIES-COM DEV 0015210 42325 11.19
8/4/2011 US BANK FUEL-POOL VEH 0014090 42310 196.81
8/4/2011 US BANK FUEL-COMM.SVCS 0015310 42310 365.43
8/4/2011 US BANK FUEL-COMM SVCS 0015310 42310 349.00
8/4/2011 US BANK CONF-PLAY GROUND INSPECTN 0015310 42330 535.00
8/4/2011 US BANK EQ MAINT-COMM SVCS 0015310 42200 72.25
8/4/2011 US BANK MAINT-COMM SVCS 0015340 42210 435.07
8/4/2011 US BANK FUEL-ROAD MAINT 0015554 42310 333.43
8/4/2011 US BANK EQ-ROAD MAINT 0015554 46250 144.95
8/4/2011 US BANK FUEL-COMM SVCS 0015310 42310 227.00
8/4/2011 US BANK COMP MAINT-I.T. 0014070 42205 104.97
8/4/2011 US BANK EXPRESS SVCS-COMM SVCS 0015310 44000 9.99
814/2011 US BANK SUPPLIES-RECREATION 0015350 41200 . 1,243.80
8/4/2011 US BANK FUEL-COMM SVCS 0015310 42310 91.26
8/4/2011 US BANK SUPPLIES-EOC 0014440 41200 62.78
8/4/2011 US BANK SUPPLIES-COMM SVCS 0015350 41200 475.47
8/4/2011 US BANK SUPPLIES-DBC 0015333 41200 250.63
8/4/2011 US BANK MEMO CREDIT-REC 0015350 42330 -7.61
8/4/2011 US BANK SUPPLIES-TINY TOTS 0015350 41200 1,090.78
8/4/2011 US BANK MTGS-DOYLE 0014030 42325 193.83
8/4/2011 US BANK FUEL-COMM SVCS 0015310 42310 196.00
Page 13
City of Diamond Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount
8/4/2011 95374... US BANK FUEL-COMM SVCS 0015310 42310 440.95 $10,668.78...
8/4/2011 US BANK FUEL-ROAD MAINT 0015554 42310 586.31
8/4/2011 US BANK FUEL-NGHBRHD IMP 0015230 42310 201.93
8/4/2011 US BANK SUPPLIES-GENERAL 0014090 41200 19.82
8/4/2011 US BANK MTG SUPPLIES-GENERAL 0014090 42325 340.23
8/4/2011 US BANK FUEL-NGHBRHD IMP 0015230 42310 56.73
8/4/2011 US BANK EXCURSION-DODGER STADIUM 0015350 45310 420.00
8/4/2011 US BANK MAINTSUPPLIES-DBC 0015333 42210 68.00
8/4/2011 US BANK SUPPLIES-COMM SVCS 0015350 41200 14.56
8/4/2011 US BANK FUEL-COMM SVCS 0015310 42310 168.40
8/4/2011 US BANK SUPPLIES-DAY CAMP 0015350 41200 775.57
8/4/2011 US BANK SUPPLIES-EOC 0014440 41200 38.85
8/412011 US BANK SUPPLIES-P1INFO 0014095 41200 323.76
8/4/2011 US BANK MEMBERSHIP DUES-YOUNG 0015510 42315 45.00
8/4/2011 US BANK MEMBERSHIP DUES-CHING 0015510 42315 45.00
8/4/2011 95375 VALLEY CREST LANDSCAPE MAINT INC CLEAN UP-4TH JULY BLAST 0015350 45300 540.00 $31,604.51
8/4/2011 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.47
8/412011 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11
8/4/2011 VALLEY CREST LANDSCAPE MAINT INC IRRIGATION REPAIR-PANTERA 0015340 42210 417.19
8/4/2011 VALLEY CREST LANDSCAPE MAINT INC IRRIGATION REPAIR-SYC CYN 0015340 42210 397.74
8/4/2011 95376 VANTAGEPOINT TRNSFR AGNTS-303248 8/5/11-PIR DEDUCTIONS 001 21108 1 27,193.63 $28,105.81
8/4/2011 IVANTAGEPOINTTRNSFRAGNTS-303248 8/5/11-LOAN DEDUCTIONS 001 21108 912.18
8/4/2011 95377 ROBERTVARGAS FACILITY REFUND-DBC 001 23002 350.00 $350.00
8/4/2011 95378 VIBHAVARMA FACILITY REFUND-DBC 001 23002 1 700.00 $700.00
8/4/2011 1 95379 IVERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 1 277.69 $277.69
8/4/2011 1 95380 1W.W.GRAINGER INC. SUPPLIES-SYC CYN PK 1 0015340 1 41200 1 233.041 $233.04
8/4/2011 95381 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-4TH JULY 0015350 1 42140 1 1,344.98 $1,449.98
8/4/2011 IWALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JULY 11 0015350 42140 84.00
Page 14
City ®f Diamond Bar - Check Register 07/28/2011 thru 08/10/2011
Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# li Amount Total Check Amount
8/4/2011 95381... WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JUN 11 0015350 42140 1 21.00 $1,449.98...
8/4/2011 1 95382 YI PING WANG CONTRACT CLASS-SUMMER 1 0015350 1 45320 1 540.00 $540.00
8/4/2011 1 95383 IWAXIE SANITARY SUPPLY SUPPLIES-HERITAGE PK 0015340 1 41200195.68 $2,138.51
8/412011 WAXIE SANITARY SUPPLY SUPPLIES-DBC 0015333 41200 1,942.83
8/4/2011 1 95384 WILD RIVERS EXCURSION-DAY CAMP 0015350 1 42410 1 1,951.50 $1,951.50
8/4/2011 1 95385 ITHERESAWINECKI CONTRACT CLASS-SUMMER 10015350 1 45320 1 972.001 $972.00
8/4/2011 1 95386 ALBERTO YAP CONTRACT CLASS-SUMMER 0015350 1 45320 1 360.00 $360.00
7/28/2011 1 AUG 2011 JUNION BANK OF CALIFORNIA, NA LEASE PAYMENT-DBC AUG 11 1 0014090 1 42140 1 28,319.92 $28,319.92
$1,147,999.77
Page 15
Agenda # 6 .4
Meeting Date Aukwt 17, 2011
CITY COUNCIL AGENDA .REPORT
TO: Honorable Mayor and Members of The City Council
VIA: James DeStefano, City Manae
TITLE: ADJOURNMENT OF THE AUGUST 6, 2011 CITY COUNCIL MEETING
TO SEPTEMBER 20, 2011.
RECOMMENDATION:
Approve.
FISCAL IMPACT:
None.
BACKGROUND / DISCUSSION:
Due to the absence of public hearings or other pressing matters scheduled for the
September 6, 2011 meeting of the City Council, staff recommends it be cancelled. If the
Council concurs with this recommendation, the August 16, 2011 meeting shall be
adjourned to the regular meeting scheduled for September 20, 2011.
Prepared by
o
1. V
Ryan Vclean, Assistant to the City Manager
Agenda # 6.5
Meeting Date: 8/16/11
or
CITY COUNCIL AGENDA REPORT
r�coferca��'�
?tJg9 .
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City M
TITLE: REJECT THE BID PROTEST FrOMANCHO PACIFIC ENGINEERING, INC. AND
AWARD CONTRACT TO AVI-CON, INC. (dba CA CONSTRUCTION) FOR THE
CONSTRUCTION OF WASHINGTON PARK IN THE AMOUNT OF $508,919.50, PLUS
A CONTINGENCY OF $50,892 (10%) FOR A TOTAL AUTHORIZATION OF
$559,811.50.
RECOMMENDATION: Reject bid protest, award contract and approve appropriation.
FINANCIAL IMPACT: Contractor cost to construct this project is $508,919.50, plus a
contingency amount of$50,892 (10%) for a total contractor authorization of$559,811.50. Costs for
design, plan check, bidding process and construction inspection should total approximately $62,950,
bringing the total cost of this project to $622,761.50. There is $560,000 appropriated for this project.
Therefore, staff has negotiated a deductive change order with the contractor in the amount of$67,000
(Item No. 44 on Bid Sheet, 24' Shade Structure) resulting in a total project cost of$555,761.50, which
is within the $560,000 project budget.
BACKGROUND: This project will result in the construction of a new park at the corner of
Washington Street and Lincoln Avenue, called Washington Park. The new park.will include a tot lot
with rubberized surfacing for access, picnic tables, benches, walkways, park signage, lighting,
drinking fountain, small turf area, and other landscaping, and an irrigation system. Special elements
that will be constructed are tiles and children's hand prints that will be created by the neighborhood
children at the groundbreaking ceremony for this park. These items are all included in Concept#3 of
the proposed Washington Park, which was approved by the City Council on February 16, 2010.
However, due to budget considerations, staff recommends that the 24' shade structure, which was
also included in concept#3, be eliminated. This revision will save $67,000 and allow the project to
stay within the appropriated budget.
DISCUSSION: Plans and specifications for this project were released for bidding on July 12,
2011. During the bid process, the City issued several addendums clarifying and modifying the
original bid documents. In Addendum #1 the City changed the quantity of one line item (Item 17 —
Masonry Wall) from 210 sq. ft. to 220 sq. ft. and revised the bid schedule accordingly. Unfortunately,
a subsequent addendum (Addendum #4) addressing a completely separate issue re-issued the
original bid sheet showing the quantity of masonry wall as 210 sq. ft. This error resulted in
Addendum #5 being issued correcting the bid sheet to 220 sq. ft. As part of the bid submittal, all
contractors were required to acknowledge and accept each addendum.
Eighteen (18) bids were received and opened on August 4, 2011. Bids ranged from a low of
$508,919.50 to a high of$790,836.75. The apparent low bidder is Avi-Con, Inc. (dba CA
Construction).
The bid proposal submitted by Avi-Con, Inc. (dba CA Construction) did not include acknowledgment
of receipt of Addendum #5 and utilized the bid sheet from Addendum #4 with the incorrect quantity for
Item 17. At the contractor's submitted unit price of$21 a sq. ft., the increased quantity of 10
additional sq. ft. only results in a difference of$210. However, Avi-Con, Inc submitted a letter to the
City within 24 hours of the bid submission stating that the submitted price of$4,410 for Item 17 is for
the correct quantity of 220 sq. ft. as identified in Addendum #5 so there is no cost increase.
The City Attorney has reviewed the contents of Addendum #5, the project specifications and the
submitted bid. He has determined the contractor received no advantage in the bidding process by
this omission; the amount of the discrepancy is diminimus; and since the contractor has formally
acknowledged in writing that the submitted bid price is for the correct amount, the irregularity should
be waived.
However, the City has received a protest letter from Rancho Pacific Engineering, Inc., the third lowest
bidder, protesting the bid and the award of contract to the apparent low bidder. The City Attorney
and City staff are recommending the City Council reject the bid protest for the reasons stated above
and award the contract to Avi-Con, Inc.
Staff checked the status of the contractor license of Avi-Con, Inc. (dba CA Construction) with the
State of California and it is active and clear. Staff checked references provided by the contractor and
there were no concerns presented.
If this contract is awarded on August 16, construction by the contractor should begin after Labor Day.
The contract allows 200 days to complete the work, so it should be completed by April or May of next
year.
Construction observation services will be provided by David Volz Design and building inspection
services will be provided by RKA, Inc.
PREPARED & REVIEWED BY:
Bob Rose
Director of Community Services
Attachments: Agreement
Bid Submittal / Opening Results
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 Avi-Con, Inc. (dba CA Construction) 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 Avi-Con, Inc. (dba CA Construction)and;
WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for
furnishing labor, equipment and material for the construction of Washington Park in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for the construction of Washington Park in the City of
Diamond Bar. The work to be performed in accordance with the plans and specifications, dated July 12, 2011
(The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices
hereinafter mentioned and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans
and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if
set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated August 1, 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 within two
hundred (200) calendar days from the date of the notice to proceed. (Construction: 110 Calendar Days;
Maintenance Period: 90 Calendar Days).
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.
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 the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to
undertake self insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of work of this
contract."
b. For all operations of the CONTRACTOR or any sub-contractor in performing the work
provided for herein, insurance with the following minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000
aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000
each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each accident;
$500,000 aggregate.
5) Automobile -Bodily Injury$500,000 each person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each accident.
C. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is
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.
f. 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.
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 diem wages for work of a similar character in the locality in
which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday
and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem wages. Copies of such
prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825
Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall
cause a copy of such determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work
done under this Agreement, by him or by any subcontractor under him.
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 arising
out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees,
subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part
of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such
claims, damages, penalties, obligations or liabilities and will pay all costs and expenses,
including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or
Indemnitees covering such claims, damages, penalties, obligations and liabilities arising
out of or in connection with such work, 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. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all
material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with
CONTRACTOR'S Proposal dated August 1, 2011.
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.
By:
TITLE
Date
CITY OF DIAMOND BAR, CALIFORNIA
By:
STEVE TYE, MAYOR
Date
ATTEST:
By:
TOMMYE CRIBBINS, CITY CLERK
Date
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
CITY OF DIAMOND BAR
BID stiBmITTAL/OEENING WORKSHEET
PROJECT: WASHINGTON STREET PARK CONSTRUCTION PROJECT
BID OPENING DATE: August 4, 2011 10., 00 a.m.
D B A(
NO. CONTRACTOR AMOUNT OF IIID D N D COMMENTS
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CffY OF DIAMOND BAR
BID SUBMITTALIOPENING WORKSHEET
PROJECT: WASHINGTON STREET PARK CONSTRUCTION PROJECT
(SID OPENING DATE: August 4 , 2011 10400 a.m.
B B A 5
NO. CONTRACTOR AMOUNT OF BID D N D COMMENTS
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CffY OF DIAMOND BAR
1910 SUBMI TALCOPENING WORKSHEET
PR'OJEIC ° : WASHINGTON STREET PARK CONSTRUCTION PROJECT
BID OPENING DATE: August 4, 2011 10 :, 00 a.m.
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PAGE OF �
Agenda # 6. 6
c� Meeting Date August 16, 2011
CITY COUNCIL l(. AGENDA REPORT
$POR'
TO: Honorable Mayor and Membersf e City Council
VIA: James DeStefano, City Manag
TITLE: ADOPTION OF RESOLUTION NO. -2011 OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
PROPOSAL TO CONSTRUCT DEDICATED TRUCK ONLY LANES
ALONG THE SAN JOSE CREEK FLOOD CONTROL CHANNEL AND
STATE ROUTE 60 FREEWAY CORRIDOR
RECOMMENDATION:
Adopt.
FISCAL IMPACT:
None_
BACKGROUND / DISCUSSION:
The Southern.California Council of Governments (SCAG) is again revisiting the concept
of dedicated truck lanes along the SR-60 freeway corridor. Previous conceptual plans
for similar projects were abandoned by SCAG in 2001 and 2008, mainly due to the
City's steadfast opposition and leadership in developing a coalition of cities and County
supervisors that were also not in favor of such a plan.
This year, as part of a recent East/West Freight Corridor White Paper, SCAG is again
pushing the concept of truck lanes along SR-60, this time using the San Jose Creek
Flood Control Channel as a preferred corridor. The Channel travels closely parallel to
SR-60 and Diamond Bar, passing through the cities of Industry, Walnut,and Pomona
(near Diamond Bar's own Sunset Crossing Road). Diamond Bar and its neighbors.along
SR-60 are already unfairly burdened with the majority of freight traffic from the Ports of
Los Angeles and Long Beach. As evidenced by this most recent proposal, SCAG
continues to advocate for dedicated truck lanes only on the San Jose Creek Flood
Control Channel/SR-60 Freeway alternative, while ignoring other major east/west freight
corridors such as SR-91, 1-10, and 1-210. SCAG should also consider the negative
long-term environmental and community impacts the current proposal may have on
Diamond Bar and other communities surrounding the project area.
The City has long been a supporter of effective goods movement strategies and
congestion relief solutions that result in the least overall impact to the community.
However, SCAG's most recent attempt to construct truck-only lanes on the San Jose
Creek Flood Control Channel has not been studied thoroughly enough, as the
engineering and environmental review completed thus far is insufficient to warrant its
inclusion in any long-term transportation planning documents, including the upcoming
2012 Regional Transportation Plan (RTP).
After receiving a detailed report on SCAG's proposal at the July 19, 2011 Study
Session, the City Council directed staff to begin opposition efforts and develop a
coalition of impacted agencies united to oppose the plan. Outreach thus far has
included written correspondence and in-person meetings with elected officials and the
preparation draft letters and resolutions of opposition for their use. With this advocacy
effort now fully underway, the City should formally take a position of opposition by
adopting the attached Resolution.
Prepared
Ryan8cLean, Assistant to the City Manager
Attachment: Resolution 2011-XX
j
j
i
RESOLUTION NO. 2011-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) PROPOSAL TO CONSTRUCT DEDICATED TRUCK ONLY LANES ALONG
THE SAN JOSE CREEK FLOOD CONTROL CHANNEL AND STATE ROUTE 60
FREEWAY CORRIDOR
WHEREAS, the Southern California regional freeway system represents one of
the highest volume goods movement corridors in the United States and is of major
importance to the distribution of consumer goods and in facilitating international trade;
and
WHEREAS, an important part of the movement of goods within the region is
accomplished through a complex system of transportation infrastructure; and
WHEREAS, the City Council of the City of Diamond Bar is generally supportive of
regional transportation alternatives as long as they do not impact or interfere with the
quality of life within the City of Diamond Bar; and
WHEREAS, the Southern California Association of Governments (SCAG) has
twice proposed the concept of dedicated truck-only lanes on the-SR-60 freeway corridor
only to withdraw the plans in 2001 and 2008 after facing strong opposition from the City
of Diamond Bar and a coalition of other impacted communities and elected officials; and
WHEREAS, SCAG is again proposing a the concept of elevated dedicated truck
only lanes that impact communities along the SR-60 freeway corridor, this time along
San Jose Creek Flood Control Channel between Interstate 605 and the State Route
57/60 Interchange in the City of Diamond Bar; and
WHEREAS, SCAG has not yet considered other east/west transportation
corridors, including SR-91, 1-10, and 1-210 as alternative locations for dedicated truck
lanes, focusing all traffic congestion and quality of life impacts on the communities along
the SR-60 corridor; and
WHEREAS, there is currently insufficient engineering and environmental review
of the proposed San Jose Creek Flood Control Channel alternative to warrant the
inclusion of this option in any long-term transportation planning document, including the
2012 Regional Transportation Plan (RTP).
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Diamond Bar as follows:
Section 1. That the City of Diamond Bar opposes any SCAG proposal for
dedicated truck lanes along San Jose Creek or the SR-60 freeway corridor.
Section 2. That the City of Diamond Bar supports alternative and
comprehensive regional goods movement plans that equitably distribute truck traffic
between all east/west transportation corridors between Interstate 710 and Interstate 15.
Section 3. The City Clerk shall attest and certify to the passage and adoption
of this Resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED, AND ADOPTED this 16th day of August, 2011.
Steve Tye, Mayor
I, Tommye A. Cribbins, City Clerk of the City of.Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2011-XX was duly and regularly passed and
adopted by the City Council of the City of Diamond Bar, California, at its adjourned
regular meeting held on the 16th day of August, 2011, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
Agenda # 8 . 1 (a & b)
Meeting Date:August 16, 2011
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man,59 10
TITLE: DETERMINATION WHETHER TE CITY SHOULD PARTICIPATE IN
THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM,
MAKE THE REQUIRED PAYMENTS TO THE STATE OF CALIFORNIA
AND CONTINUE REDEVELOPMENT ACTIVITIES UNDER AB X1 27,
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 0X(2011)
ELECTING TO COMPLY WITH AND PARTICIPATE IN THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM
CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE, AND ADOPTION OF URGENCY
ORDINANCE NO. 0X(2011) ELECTING TO COMPLY WITH AND
PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
RECOMMENDATION:
1. Introduce Ordinance No. 0X(2011) electing to comply with and participate in the
Alternative Voluntary Redevelopment Program contained in Part 1.9 of Division 24 of
the California Health and Safety Code; and
2. Adopt Urgency Ordinance No. 0X(2011) electing to comply with and participate in
the Alternative Voluntary Redevelopment Program contained in Part 1.9 of Division
24 of the California Health and Safety Code.
FISCAL IMPACT:
None.
BACKGROUND:
This report discusses the City's options in deciding whether to pay a remittance
payment to the State of California ("State") so that the Diamond Bar Redevelopment
Agency ("Agency") may continue to operate, or whether the Agency should be allowed
to dissolve. Because the Agency receives no revenue from tax increment or other State
funding, the City is not required to make a remittance payment to the State for the
Agency to continue to exist. While the Agency cannot make any new obligations due to
a previous court decision, permitting the Agency to dissolve would result in oversight of
existing Agency operations by an oversight board over which the City and Agency have
little control. Therefore, we recommend that the City Council adopt the attached
ordinance to maintain and continue Agency operations. Doing so will simply maintain
the status quo — the Agency will do nothing different than it does at present, which is
solely to serve as a party to the joint powers agreement establishing the Diamond Bar
Public Financing Authority.
DISCUSSION:
1. AB X1 26 and AB X1 27
The State Legislature recently adopted AB X1 26, signed by the Governor on June 29,
2011, which immediately suspends most Agency activities and, among other things,
prohibits the Agency from incurring indebtedness, entering into or modifying contracts,
or transferring assets or property to the City or another entity. The Agency currently
may only make payments that are considered "enforceable obligations," which include
payments required for bond debt service, payments required by existing contracts or
judgments or settlements, and any other enforceable preexisting contractual obligations,
including those required pursuant to disposition and development agreements or owner
participation agreements. On October 1, 2011, AB X1 26 dissolves all existing
redevelopment agencies and redevelopment agency components of community
development agencies; designates successor agencies as successor entities to the
former redevelopment agencies; and imposes numerous requirements on the successor
agencies and subjects successor agency actions to the review of oversight boards
established under the new law.
AB X1 27 was signed by the Governor concurrently with AB X1 26. This companion law
establishes an Alternative Voluntary Redevelopment Program whereby a
redevelopment agency will, notwithstanding AB X1 26, be authorized to continue to
exist and carry out the provisions of the Redevelopment Law. To opt into the alternative
program, the City must adopt an ordinance signifying the City's compliance with the
requirements of AB X1 27. To restore the ability to continue Agency operations, cities
must make specified annual payments to the Los Angeles County Auditor-Controller
("Auditor-Controller") on a schedule, and the Auditor-Controller will then allocate the
payments to special districts and educational entities. The amount to be paid in fiscal
year 2011-12 is the Agency's proportionate share of $1.7 billion, as determined by the
State Department of Finance ("Department of Finance"). Payment is partially based on
the ratio of the net tax increment apportioned to each redevelopment agency as
compared to the net tax increment apportioned to all redevelopment agencies.
2. Remittance Payment
In Beach-Courchesne v. City of Diamond Bar, the court eliminated the City's only
redevelopment project area, finding that the City was not blighted and therefore could
not meet the requirements for establishment and maintenance of a project area.
Therefore, the Agency currently receives no revenue from tax increment. As a result,
the City will not be required to make a payment to keep the Agency in existence.
However, it is important to note that the State Legislature may change the remittance
requirements or methodology at a later date, which may require the City to make a
payment to maintain the Agency, by, for example, requiring a flat fee rather than a
proportion of tax increment. If that occurs, the City Council could at that time decide to
eliminate the Agency in order to avoid making a payment.
3. Benefits of Keeping the Agency
The benefit of maintaining the Agency is that it would continue to make payments
pursuant to its obligations as part of the Diamond Bar Public Financing Authority, which
was used to finance construction of the City's community/senior center and other facility
projects. While these payments are considered enforceable contractual obligations of
the Agency under AB X1 26, and therefore would still be paid by a successor agency if
the Agency were permitted to dissolve, any payments made by a successor agency are
subject to oversight and approval by an oversight board. The oversight board consists
of seven members, of which only two may be selected by the City. Therefore, to avoid
unnecessary bureaucracy and oversight regarding payments made by the Agency as
part of the Diamond Bar Financing Authority, the City should act to keep the Agency.
4. Process
If the City Council determines that the City will opt into the program, it should introduce
Ordinance No. 0X(2011) and approve Urgency Ordinance 0X(2011). Adoption of an
urgency ordinance would permit the Agency to begin to perform its regular duties as
soon as possible, while adoption of a regular ordinance would protect the City from a
legal challenge that the urgency measure was not "necessary for the preservation of
public peace, health and safety."
OPTIONS:
1. Determine that the City and Agency will participate in the Alternative Voluntary
Redevelopment Program.
2. Determine that the City and Agency will not participate in the Alternative Voluntary
Redevelopment Program.
3. Delay making its determination, and direct staff to prepare additional information and
analysis. In such case, City Council should direct staff, in the meantime, to prepare
a non-binding resolution of intent notifying the Auditor-Controller, State Controller,
and Director of Finance of the City's intention to participate in the. Alternative
Voluntary Redevelopment Program, which extends the deadline to approve an
ordinance until November 1, 2011, as well as perform any other actions which need
to be taken to comply with AB X1 26 before City Council takes final action on the
matter.
ENVIRONMENTAL IMPACT:
This Ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations
(14 California Code of Regulations §§ 15000, et seq.) in that it is not a "project" for
purposes of CEQA, as that term is defined by 14 California Code of Regulations Section
15378. Specifically, this Ordinance constitutes creation of government funding
mechanisms or other government fiscal activities which do not involve any commitment
to any specific project which may result in a potentially significant physical impact on the
environment. Cal. Code Regs. Title 14 § 15378(b)(4). In addition, this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment. Cal. Code Regs. Title 14 § 15378(b)(5). Further, even if
this Ordinance was deemed a "project" and therefore subject to CEQA, the Ordinance
would be exempt as it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. Cal. Code Regs.
Title 14 § 15061(b)(3).
RECOMMENDATION:
It is recommended that the City Council adopt Ordinance No. 0X(2011) and Urgency
Ordinance No. 0X(2011) to maintain and continue Agency operations.
Prepared by:
Michael Jenkins
City Attorney
Attachments:
1. Draft Ordinance No. 0X(2011).
2. Draft Urgency Ordinance No. 0X(2011).
ORDINANCE NO.
AN ORDINANCE DETERMINING THAT THE CITY AND THE DIAMOND
BAR REDEVELOPMENT AGENCY WILL COMPLY WITH THE
VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM
PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE
CONTINUED EXISTENCE AND OPERATION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY AND DECLARING THE URGENCY
THEREOF.
The City Council for the City of Diamond Bar does ordain as follows:
SECTION 1: The City Council finds and concludes as follows:
A. Th e Diamond Bar Redevelopment Agency ("Agency") is a subdivision of the
State of California ("State"), created pursuant to the provisions of the California
Community Redevelopment Law (Health and Safety Code §§ 33000, et seq.;
"CRL"). The Agency's Redevelopment Plan ("Plan") requires, among other
things, that the Agency take action to eliminate blight, promote affordable
housing, and seek to improve the public welfare through various means;
B. On July 15, 1997, the City Council approved the establishment of the Agency.
However, on April 27, 2000, in Beach Courchesne v. City of Diamond Bar, the
California Court of Appeals invalidated the Agency's sole project area;
C. The Agency currently receives no tax increment or other revenue from the State
or local property taxes;
D. The California Legislature recently enacted and the Governor signed, companion
bills AB X1 26 and AB X1 27 requiring that each redevelopment agency within
California be dissolved unless the community that created it enacts an ordinance
committing it to making certain payments;
E. Speci fically, AB X1 26 prohibits agencies from taking numerous actions, effective
immediately and purportedly retroactively, and additionally provides that
agencies are deemed to be dissolved as of October 1, 2011;
F. AB X1 27 provides that a community may participate in an "Alternative Voluntary
Redevelopment Program," in order to enable a redevelopment agency within that
community to remain in existence and carry out the provisions of the CRL, by
enacting an ordinance agreeing to comply with the Health and Safety Code;
G. The Alternative Voluntary Redevelopment Program requires that the community
agree by ordinance to comply with the provisions of AB X1 27, including paying
to the State any remittances required pursuant to Section 1.9;
H. Because the Agency currently receives no revenue, no remittance is owed of the
State to participate in the Alternative Voluntary Redevelopment Program;
I. The City desires to participate in the Alternative Voluntary Redevelopment
Program so that the Agency may continue to exist and carry out the provisions of
the CRL, to the extent it is authorized to do so;
J. California Code Section 36937(b) provides that an urgency measure for the
immediate preservation of the public peace, health or safety shall take effect
immediately. The immediate suspension of the business of the Agency will have
an immediate detrimental impact on the health, safety, and economic well-being
of the residents of the City and cause irreparable harm to the community;
K. Th e City understands that an action challenging the constitutionality of AB X1 26
and AB X1 27 has been filed by the California Redevelopment Association and
California League of Cities on behalf of cities, counties and redevelopment
agencies;
L. Adoption of this Ordinance will be made under protest and without prejudice to
the City's right to challenge the legality of AB X1 26 and AB X1 27;
M. To the extent a court of competent jurisdiction enjoins, restrains, or grants a stay
on the effectiveness of the Alternative Voluntary Redevelopment Program's
payment obligation of AB X1 26 and AB X1 27, the City is not obligated to make
any required community remittance, if any, for the duration of such injunction,
restraint, or stay; and
N. The City has duly considered all other related matters and has determined that
the City's participation in the Alternative Voluntary Redevelopment Program is in
the best interests of the City, and the health, safety and welfare of its residents,
in accord with the public purposes and provisions of applicable State and local
laws and requirements.
SECTION 2: Participating in the Alternative Voluntary Redevelopment Program.
In accordance with Health and Safety Code § 34193 the City Council determines that
the City will comply with the provisions of Part 1.9 of Division 24 of the Health and
Safety Code as enacted by AB X1 27.
SECTION 3: Urgency. The City Council hereby finds that (i) dissolution of the Agency
would be detrimental and cause irreparable harm to the community and to the health,
safety, and economic well-being of the citizens of the City. There is a current and
immediate threat to the public.peace, health and safety of residents and the community
due to the immediate suspension of programs and projects undertaken by the Agency,
and without immediate resumption of its general obligations and duties, it will cause
irreparable harm to the community.
SECTION 4: Adoption Under Protest. Neither the adoption of this Ordinance nor the
performance of actions under or pursuant to this Ordinance is intended by the City or
Agency to waive any right either may have to challenge the legality of all or any portion
of AB X1 26 or AB X1 27 through administrative or judicial proceedings or otherwise
contest the remittance amount, if any, for any subsequent year. If there is a final
determination that AB X1 26 and AB X1 27 are.invalid, this Ordinance is deemed to be
null and void and of no further force or effect.
SECTION 5: Authorization. The City Council authorizes and directs the City Manager
to take any action and execute any documents necessary to implement this Ordinance,
including, without limitation, notifying the Los Angeles County Auditor-Controller, the
Controller of the State of California, and the California Department of Finance of the
adoption of this Ordinance and the City's agreement to comply with the provisions of
Part 1.9 of Division 24 of the Health and Safety Code, as set forth in AB X1 27.
SECTION 6: Supermajority Required. This Ordinance is adopted pursuant to the
provisions of Section 36937(b) of the Government Code, shall be adopted by a four-
fifths vote of the City Council, and shall take effect immediately upon its adoption.
SECTION 7: CEQA. This Ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)
because it establishes rules and procedures to implement government funding
mechanisms; does not involve any commitment to a specific project which could result
in a potentially significant physical impact on the environment; and constitutes an
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, this Ordinance does not constitute a "project"
that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
SECTION 8: Notice of Exemption. The City Clerk is hereby directed to file a Notice of
Exemption with the County Clerk pursuant to 14 California Code of Regulations Section
15062 wihtin five days of the adoption of this Ordinance.
SECTION 9: Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City Clerk's
office. The custodian for these records is the City Clerk.
SECTION 10: Validity of Previous Legislative Actions. Nothing in this Ordinance is
intended to supersede or repeal previous legislative actions regarding the
establishment, continuation, merging, reconstitution or governance of the Agency. This
Ordinance is adopted solely for the purpose of ensuring the ongoing existence of the
Agency. If this entire Ordinance or its application is deemed invalid by a court of
competent jurisdiction or there is a final determination that AB X1 26 and AB X1 27 are
invalid, all previous legislative actions by or relating to the Agency remains in full force
and effect for all purposes.
SECTION 11: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the city council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable. However, if a portion is severed
that would result in the City not being able to maintain control over the Agency then the
City has no obligation to make the initial or annual payments referred to herein.
SECTION 12: Posting. The City Clerk shall cause this Ordinance or a summary
hereof to be posted, in accordance with Section 36933 of the California Government
Code; shall certify to the adoption of this Ordinance and shall cause a certified copy of
this Ordinance, together with proof of publication, to be filed in the Office of the Clerk of
this City.
SECTION 13: Effective Date. This Ordinance shall take effect and be in full force and
effect immediately from and after its passage and adoption.
PASSED, APPROVED AND ADOPTED this day of 2011.
Steve Tye, Mayor
1, 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
ORDINANCE NO.
AN ORDINANCE DETERMINING THAT THE CITY AND THE DIAMOND
BAR REDEVELOPMENT AGENCY WILL COMPLY WITH THE
VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM
PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE
CONTINUED EXISTENCE AND OPERATION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1: The City Council finds and concludes as follows:
A. Th e Diamond Bar Redevelopment Agency ("Agency") is a subdivision of the
State of California ("State"), created pursuant to the provisions of the California
Community Redevelopment Law (Health and Safety Code §§ 33000, et seq.;
"CRL"). The Agency's Redevelopment Plan ("Plan") requires, among other
things, that the Agency take action to eliminate blight, promote affordable
housing, and seek to improve the public welfare through various means;
B. On July 15, 1997, the City Council approved the establishment of the Agency.
However, on April 27, 2000, in Beach Courchesne v. City of Diamond Bar, the
California Court of Appeals invalidated the Agency's sole project area;
C. The Agency currently receives no tax increment or other revenue from the State
or local property taxes;
D. The California Legislature recently enacted and the Governor signed, companion
bills AB X1 26 and AB X1 27 requiring that each redevelopment agency within
California be dissolved unless the community that created it enacts an ordinance
committing it to making certain payments;
E. Speci fically, AB X1 26 prohibits agencies from taking numerous actions, effective
immediately and purportedly retroactively, and additionally provides that
agencies are deemed to be dissolved as of October 1, 2011;
F. AB X1 27 provides that a community may participate in an "Alternative Voluntary
Redevelopment Program," in order to enable a redevelopment agency within that
community to remain in existence and carry out the provisions of the CRL, by
enacting an ordinance agreeing to comply with the Health and Safety Code;
G. The Alternative Voluntary Redevelopment Program requires that the community
agree by ordinance to comply with the provisions of AB X1 27, including paying
to the State any remittances required pursuant to Section 1.9;
H. Because the Agency currently receives no revenue, no remittance is owed of the
State to participate in the Alternative Voluntary Redevelopment Program;
I. The City desires to participate in the Alternative Voluntary Redevelopment
Program so that the Agency may continue to exist and carry out the provisions of
the CRL, to the extent it is authorized to do so;
J. The City understands that an action challenging the constitutionality of AB X1 26
and AB X1 27 has been filed by the California Redevelopment Association and
California League of Cities on behalf of cities, counties and redevelopment
agencies;
K. Adop tion of this Ordinance will be made under protest and without prejudice to
the City's right to challenge the legality of AB X1 26 and AB X1 27;
L. To the extent a court of competent jurisdiction enjoins, restrains, or grants a stay
on the effectiveness of the Alternative Voluntary Redevelopment Program's
payment obligation of AB X1 26 and AB X1 27, the City is not obligated to make
any required community remittance, if any, for the duration of such injunction,
restraint, or stay; and
M. The City has duly considered all other related matters and has determined that
the City's participation in the Alternative Voluntary Redevelopment Program is in
the best interests of the City, and the health, safety and welfare of its residents,
in accord with the public purposes and provisions of applicable State and local
laws and requirements.
SECTION 2: Participating in the Alternative Voluntary Redevelopment Program.
In accordance with Health and Safety Code § 34193 the City Council determines that
the City will comply with the provisions of Part 1.9 of Division 24 of the Health and
Safety Code as enacted by AB X1 27.
SECTION 3: Adoption Under Protest. Neither the adoption of this Ordinance nor the
performance of actions under or pursuant to this Ordinance is intended by the City or
Agency to waive any right either may have to challenge the legality of all or any portion
of AB X1 26 or AB X1 27 through administrative or judicial proceedings or otherwise
contest the remittance amount, if any, for any subsequent year. If there is a final
determination that AB X1 26 and AB X1 27 are invalid, this Ordinance is deemed to be
null and void and of no further force or effect.
SECTION 4: Authorization. The City Council authorizes and directs the City Manager
to take any action and execute any documents necessary to implement this Ordinance,
including, without limitation, notifying the Los Angeles County Auditor-Controller, the
Controller of the State of California, and the California Department of Finance of the
adoption of this Ordinance and the City's agreement to comply with the provisions of
Part 1.9 of Division 24 of the Health and Safety Code, as set forth in AB X1 27.
SECTION 5: CEQA. This Ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)
because it establishes rules and procedures to implement government funding
mechanisms; does not involve any commitment to a specific project which could result
in a potentially significant physical impact on the environment; and constitutes an
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, this Ordinance does not constitute a "project"
that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
SECTION 6: Notice of Exemption. The City Clerk is hereby directed to file a Notice of
Exemption with the County Clerk pursuant to 14 California Code of Regulations Section
15062 wihtin five days of the adoption of this Ordinance.
SECTION 7: Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City Clerk's
office. The custodian for these records is the City Clerk.
SECTION 8: Validity of Previous Legislative Actions. Nothing in this Ordinance is
intended to supersede or repeal previous legislative actions regarding the
establishment, continuation, merging, reconstitution or governance of the Agency. This
Ordinance is adopted solely for the purpose of ensuring the ongoing existence of the
Agency. If this entire Ordinance or its application is deemed invalid by a court of
competent jurisdiction or there is a final determination that AB X1 26 and AB X1 27 are
invalid, all previous legislative actions by or relating to the Agency remains in full force
and effect for all purposes.
SECTION 9: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the city council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable. However, if a portion is severed
that would result in the City not being able to maintain control over the Agency then the
City has no obligation to make the initial or annual payments referred to herein.
SECTION 10: Posting. The City Clerk must certify as to the adoption of this ordinance
and cause the summary thereof to be posted within fifteen calendar (15) days of the
adoption and post a certified copy of this ordinance, including the vote for and against
the same, in the office of the City Clerk, in accordance with Government Code § 36933,
for the City of Diamond Bar.
SECTION 11: Effective Date. This Ordinance will take effect on the 31st day following
its final passage and adoption.
PASSED, APPROVED AND ADOPTED this _day of 2011.
Steve Tye, Mayor
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
12011, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
ATTEST:
Tommye Cribbins, City Clerk
Agenda No. 8 . 1 (b)
Amended .
ORDINANCE NO. XX(2011)
AN ORDINANCE DETERMINING THAT THE CITY AND THE DIAMOND
BAR REDEVELOPMENT AGENCY WILL COMPLY WITH THE
VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM
PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE
CONTINUED EXISTENCE AND OPERATION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY.
The City Council for the City of Diamond Bar does ordain as follows:
SECTION 1: The City Council finds and concludes as follows:
A. The Diamond Bar Redevelopment Agency ("Agency") is a subdivision of
the State of California ("State"), created pursuant to the provisions of the
California Community Redevelopment Law (Health and Safety Code§§
33000, et seq.; "CRL"). The Agency's Redevelopment Plan ('Plan")
requires; among other things, that the Agency take action to eliminate
blight, promote affordable housing, and seek to improve the public welfare
through various means;
B. On July 15, 1997, the City Council approved the establishment of the
Agency. However, on April 27,''2000, in Beach Courchesne v. City of
Diamond Bar, the California Court'ofAppeals invalidated the Agency's
sole project area;
C. The Agency currently receives no tax increment or other revenue from the
State or local property taxes;
D. The California Legislature recently enacted and the Governor signed,
"companion bills AB X1 26and AB X1 27 requiring that each
redevelopment agency within California be dissolved unless the
community that created it enacts an ordinance.committing it to making
certain payments;
E. Specifically, AB X1 26 prohibits agencies from taking numerous actions,
effective immediately and purportedly retroactively, and additionally
provides that agencies are deemed to be dissolved as of October 1,2011;
F. ARX1 27.provides that a community may participate in an "Alternative
Voluntary Redevelopment Program," in order to enable a redevelopment
agency within that community to remain in existence and carry out the
provisions of the CRL, by enacting an ordinance agreeing to comply with
the Health and Safety Code;
G. The Alternative Voluntary Redevelopment Program requires that the
community agree by ordinance to comply with the provisions of AB X1 27;
including paying to the State any remittances required pursuant to Section
1.9;
H. Because the Agency currently receives no revenue, no remittance is owed
of the State to participate in the Alternative Voluntary Redevelopment
Program;
I. The City desires to participate in the Alternative Voluntary Redevelopment
Program so that the Agency may continue to exist and carry out the
provisions of the CRL, to the extent it is authorized to do so;
J. The City understands that an action challenging the constitutionality
of AB X1 26 and AB X1 27, California Redevelopment Association V.
Matosantos (S1944861) ("Matosantos"), has been filed by the
California Redevelopment Association and California League of
Cities on behalf of cities, counties and redevelopment agencies;
K. Adoption of this Ordinance will be made under protest and without
prejudice to the City's right to challenge the legality of AB X1 26 and AB
X1 27;
L. The City has duly considered all other related matters and has determined
that the City's participation in the Alternative Voluntary Redevelopment
Program is in the best interests of the City, and the health, safety and
welfare of its residents, in accord with the public purposes and provisions
of applicable State and local laws and requirements;
M. On August 11, 2011, the Supreme Court of California in Matosantos
granted a stay of AB X1 27 and a partial stay of AB X1 26;
N. While the Court stayed most of AB X1 26, including the provisions which
would dissolve redevelopment agencies on October 1, 2011, the
provisions restricting redevelopment agency actions, including the
prohibitions on incurring indebtedness, entering into or modifying
contracts, or transferring assets or property to a city or another entity,
remain effective;
O. The Court's decision does not prevent redevelopment agencies from
taking actions pursuant to existing enforceable obligations; and
P. The City is not obligated to make any required community
remittance, if any, for the duration the stay granted in Matosantos.
SECTION 2: Participating in the Alternative Voluntary Redevelopment Program.
In accordance with Health and Safety Code § 34193 the City Council determines that
the City will comply with the provisions of Part 1.9 of Division 24 of the Health and
Safety Code as enacted by AB X1 27.
SECTION 3: Adoption Under Protest. Neither the adoption of this Ordinance nor the
performance of actions under or pursuant to this Ordinance is intended by the City or .
Agency to waive any right either may have to challenge the legality of all or any portion
of AB X1 `26 or AB X1 27 through administrative or judicial proceedings or otherwise
contest the remittance amount, if any, for any subsequent year. If there is a final
determination that AB X1 26 and AB X1 27 are invalid, this Ordinance is deemed to be
null and void and of no further force or effect.
SECTION 4: Operative Date. This Ordinance shall become operative only on the
last to occur of (a) the 31st day following its final passage and adoption, and (b)
the stay of AB X1 27 granted by the Supreme Court of California in California
Redevelopment Association v. Matosantos (S1944861) is lifted. Unless both
conditions have been satisfied, this Ordinance grants no authority to the Agency
other than that authorized pursuant to the sections of AB X1 26 that remain
effective per the Supreme Court's August 11, 2011 order.
SECTION 5: Authorization. The City Council authorizes and directs the City Manager
to take any action and execute any documents necessary to implement this Ordinance,
including, without limitation, notifying the Los Angeles County Auditor-Controller, the
Controller of the State of California, and the California Department of Finance of the
adoption of this Ordinance and the City's agreement to comply with the provisions of
Part 1.9 of Division 24 of the Health and Safety Code, as set forth in AB X1 27.
SECTION 6: CEQA. This Resolution is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.;
`'CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)
because it establishes rules and procedures to implement government funding
mechanisms; does not involve any commitment to a specific project which could result
in a potentially significant physical impact on the environment; and constitutes an
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, this Resolution does not constitute a "project"
that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
SECTION 7: Notice of Exemption. The City Clerk is hereby directed to file a Notice of
Exemption with the County Clerk pursuant to 14 California Code of Regulations Section
15062 wihtin five days of the adoption of this Ordinance.
SECTION 8: Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City Clerk's
office. The custodian for these records is the City Clerk.
SECTION 9: Validity of Previous Legislative Actions Nothing in this Ordinance is
intended to supersede or repeal previous legislative actions regarding the
establishment, continuation, merging, reconstitution or governance of the Agency. This
Ordinance is
ado ted solely for the purpose of ensuring the ongoing existence of the
P Y
p P g g g
Agency. If this entire Ordinance or its application is deemed invalid by a court of.
murisdiction or there is a 1
competent f al determination that AB X126 and AB X1 27 are
jurisdiction
invalid, all previous legislative actions by or relating to the Agency remains in full force
and effect for all purposes.
SECTION 10: Severability. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the city council intends that such
invalidity will not,affect the effectiveness of the remaining provisions or applications and,
to this end, the provisions of this Ordinance are severable. However, if a portion is
severed that would result in the City not being able to maintain control over the Agency
then the City has no obligation to make the initial or annual payments referred to herein.
SECTION 11: Posting. The City Clerk must certify as to the adoption of this
ordinance and cause the summary thereof to be posted within fifteen calendar (15) days
of the adoption and post a certified copy of this ordinance, including the vote for and
against the same; in the office of the City Clerk, in accordance with Government Code §
36933, for the City of Diamond Bar.
PASSED, APPROVED, AND ADOPTED this day of , 2011.
Steve Tye, Mayor
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 I , 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:
Tommye Cribbins, City Clerk